DMARKET AFFILIATE PROGRAM TERMS OF USE

SECTION 1. DEFINITIONS. TERMS & CONDITIONS ACCEPTANCE

1.1. “DMarket Affiliate Program” a program offered by DMarket that allows Users to get share of DMarket’s revenue in the amount indicated herein below from transactions on the Website made by other Users who followed unique affiliate links, subject to compliance of such Users with these DMarket Affiliate Program Terms of Use.

1.2. Unless specified otherwise herein, all capitalized terms used in this DMarket Affiliate Program Terms of Use shall have the same meaning as they do in DMarket Terms of Use.

1.3. These DMarket Affiliate Program Terms of Use (hereinafter referred to as the “AP Terms of Use”), including the Website Terms of Use, any and all accompanying documents, are effective and constitute a legally binding agreement between You and DMarket with regard to DMarket Affiliate Program whenever You use DMarket Affiliate Program.

1.4. You must carefully read and comply with these AP Terms of Use.

SECTION 2. GENERAL PROVISIONS AND SHARE OF REVENUE

2.1. Any User who has an Account on the Website and such Account is not suspended or terminated, may activate its participation in DMarket Affiliate Program, subject to requirements and restrictions provided in these AP Terms of Use.

2.2. DMarket Affiliate Program can be activated on the DMarket Affiliate Program page (hereinafter referred to as the “Page”). In order to activate Your participation in DMarket Affiliate Program, You should be logged in to Your Account on the Website and must accept these AP Terms of Use.

2.3. After You activate Your participation in DMarket Affiliate Program, You should first get Your unique personal affiliate link on the Page and share Your unique personal affiliate link to the Website.

2.4. In order for You to receive a Share (as defined below) account of another User must be associated with Your unique personal affiliate link. For this purpose, a person that received Your unique personal affiliate link must sign up on the Website or log in to his/her DMarket Account if he/she already has one, within 7 days after following Your unique personal affiliate link. If such a person followed more than one unique personal affiliate links before signing up/logging in, his/her account will be associated with the most recently used unique personal affiliate link.

2.5. Any person who followed Your unique personal affiliate link and signed up or logged in to his/her DMarket Account and doesn't have current association with unique personal affiliate link of another User (didn’t follow unique personal affiliate link of another User) or has had association with unique personal affiliate link of another User for more than 30 days before such person used Your unique personal affiliate link, is considered to be associated with Your personal affiliate link. In case the Account of User that followed Your unique personal affiliate link has been associated by DMarket with unique personal affiliate link of another User for more than 30 days before the User followed Your unique personal affiliate link, Account of such User will be associated with Your unique personal affiliate link. If such Account has been associated by DMarket with unique personal affiliate link of another User for less than 30 days before User followed Your unique personal affiliate link, Account of such User will be still associated with unique personal affiliate link of another User.

2.6. You can’t use Your unique personal affiliate link for Your Account or multiple Accounts, if any.

2.7. Any unique personal affiliate link of User can not be associated with another User who has his unique personal affiliate link, activated his/her participation in DMarket Affiliate Program.

2.8. Subject to limitations provided in these AP Terms of Use, You will be entitled to receive the Share (as defined below) only from transactions made by Users on the Website who are associated with Your unique personal affiliate link and signed up/logged in to their Account on the Website. You shall not receive any Share for transactions between Users:

• Who activate DMarket Affiliate Program themself or has their unique personal affiliate link; and

• Users who signed up on DMarket 180 or more days before they start using Your unique personal affiliate link. As soon as 180 days are reached by such User who used Your unique personal affiliate link,You shall not receive Share for transactions of such User; and

• Users who take part in promotions, have active subscriptions, trade Face2Face or have other special conditions on the Website.

2.9. Under DMarket Affiliate Program, subject to terms herein and to successful association of Your unique personal affiliate with a User account by DMarket, You will be entitled to receive to Your DMarket Affiliate Program Revenue on the Page a share of 20% of revenue actually received by DMarket for its services from Users from each transaction on the Website (hereinafter referred to as the “Share”), where such transaction is carried out:

• by the User who are associated with Your unique personal affiliate link and signed up/logged in to his/her DMarket Account (taking part as a buyer or seller) on the Website, and

• for the following specific list of games that participate in DMarket Affiliate Program: CS:GO, DOTA2 and TF2 games. Such a list can be amended by DMarket from time to time.

2.10. In case both buyer (User) and seller (User) accounts in the single transaction are associated with Your unique personal affiliate link, You get the Share for the buyer and for the seller (in total: 40% of revenue actually received by DMarket from such transaction on the Website between such Users).

2.11. Subject to limitations provided in these AP Terms of Use, after each transaction of a User whose account is associated with Your unique personal affiliate link, you will get the Share to Your DMarket Affiliate Program Revenue. The total amount of funds You will be entitled to receive under DMarket Affiliate Program will be reflected at Your DMarket Affiliate Program Revenue on the Page.

2.12. You should check Your DMarket Affiliate Program Revenue on the Page.

2.13. After reaching the minimum threshold of USD10 on Your DMarket Affiliate Program Revenue, You may claim Your DMarket Affiliate Program Revenue. It can be claimed to Your balance on the Website only. After You claimed Your DMarket Affiliate Program Revenue to Your balance on the Website, You can use such funds for purchases on the Website or after it was reflected on Your withdrawal balance on the Website, You can withdraw funds using withdrawal options available on the Website subject to applicable rules, procedures and limitations provided in the Terms and on the Website. DMarket is entitled to set forth new limitations on the Page from time to time due to regulatory issues. By using DMarket Affiliate Program You expressly agree with such limitations.

2.14. Your DMarket Affiliate Program Revenue can be claimed 365 calendar days since the last date You received Share to Your DMarket Affiliate Program Revenue. After 365 calendar days since the last date You received Share to Your DMarket Affiliate Program Revenue, the unclaimed DMarket Affiliate Program Revenue is to be zeroed.

2.15. Each Your DMarket Affiliate Program Revenue claim (transaction) is recorded in Your transaction history on the Website.

2.16. On the Page, each User can see all his/her unique accounts ever associated with the User’s unique personal affiliate link, number of user accounts currently associated with the his/her unique personal affiliate link, the number of transactions in which user accounts associated with current User’s unique personal affiliate link took part as sellers since the most recent DMarket Affiliate Program Revenue claim, the number of deals in which associated user accounts took part as buyers since the most recent DMarket Affiliate Program Revenue claim, the total turnover of deals, total fees paid by the sellers, total Share received to the DMarket Affiliate Program Revenue since the most recent DMarket Affiliate Program Revenue claim and other information as shall be decided by DMarket.

2.17. Until DMarket Affiliate Program is terminated, suspended or cancelled by DMarket, You have an option to deactivate Your activated participation in DMarket Affiliate Program by clicking the button “Turn off”. In case of deactivating Your participation in DMarket Affiliate Program, all the linked referrals will be unlinked from Your unique personal affiliate link . In case You have an unclaimed DMarket Affiliate Program Revenue and the unclaimed DMarket Affiliate Program Revenue exceeds minimum threshold of USD10 as described in clause 2.13 above, then the system will automatically add Your unclaimed DMarket Affiliate Program Revenue from Your DMarket Affiliate Program Revenue to Your withdrawable balance on the Website. If You have an unclaimed DMarket Affiliate Program Revenue less than the minimum threshold of USD10, then the unclaimed DMarket Affiliate Program Revenue will be zeroed.

SECTION 3. USER’S ACKNOWLEDGMENTS. LIMITATION OF LIABILITY

3.1. By using DMarket Affiliate Program, You are confirming that (i) You have fully read, understood and irrevocably accepted these AP Terms of Use, and (ii) You will not violate any terms of DMarket Affiliate Program. If You do not agree with these AP Terms of Use in general or any part of them, You are not permitted to use and participate in DMarket Affiliate Program and any associated Services.

3.2. By using DMarket Affiliate Program, You acknowledge and accept that:

• these AP Terms of Use and any accompanying documents are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at DMarket’s sole discretion. Your continued use of DMarket Affiliate Program after any amendments or alterations of these AP Terms of Use, any accompanying documents and/or the Website shall constitute Your consent and acceptance of any such changes, modifications, amendments, alternations or supplements. The date of the most recent amendments and alterations will be indicated at the top of these AP Terms of Use.

• DMarket reserves the right at any time, in its sole and complete discretion: (i) to modify or to temporarily/permanently suspend or eliminate the DMarket Affiliate Program, and/or (ii) terminate Your use, disable Your activation or any access to DMarket Affiliate Program for any reason for a User, including but not limited to, for violations of AP Terms of Use, or any other DMarket policies, fraudulent transaction, suspicious or illegal activity by Users. DMarket may do so at its sole discretion, without prior notice and without any liability, any refunds or further obligation of any kind whatsoever to You or any other party, when DMarket finds such measures reasonable and/or necessary in a particular situation.

• In case DMarket suspends and/or disables or terminates Your access to DMarket Affiliate Program or DMarket Affiliate Program Revenue for violation of these AP Terms of Use or any other DMarket policies, fraudulent transaction, suspicious or illegal activity, DMarket has the rights to delete all information and statistics, and forfeit, cancel claimable amounts under such User’s DMarket Affiliate Program Revenue. There are no refunds when DMarket suspends and/or disables or terminates Your access to DMarket Affiliate Program or DMarket Affiliate Program Revenue or freeze any transactions between Users if Users violate these AP Terms of Use or any other DMarket policies.

3.3. DMarket reserves its right to prohibit without any compensations or explanations access to the Website and/or DMarket Affiliate Program of any residents (a) from a country or territory that is the target of United States economic or trade sanctions, as defined at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx; (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons (https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx), the U.S. Commerce Department’s Denied Person List (https://www.bis.doc.gov/index.php/the-denied-persons-list), the EU Consolidated List of Persons, or similar lists of sanctioned persons (https://eeas.europa.eu/headquarters/headquarters-homepage_en/8442/Consolidated%20list%20of%20sanctions); (c) acting for or on behalf of any person on the above-identified lists or the government of a country or territory that is the target of United States economic or trade sanctions; (d) being subject to any other UN-, US-, EU-, CH- or any other sovereign country sanctions or embargoes or have any other affiliation to such sanctions.

3.4. DMarket accepts no liability and specifically disclaims any implied warranty to complete any transaction. DMarket reserves its right to verify and approve any and all actions or transactions made by You within DMarket Affiliate Program to ensure that they comply with these AP Terms of Use and the terms imposed on the Website Owner by applicable legislation. You expressly acknowledge and agree that such verifications may require You to provide Website Owner with additional information in order to verify and confirm Your identity and to perform verifications aimed to deter fraud and misuse of DMarket Affiliate Program, in compliance with the Website Owner’s Privacy Policy.

3.5. DMarket does not assume any liability with regard to any Your use or failure to use Your unique personal affiliate.

3.6. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, neither the Website Owner nor its affiliates shall be liable to You, regardless of the basis or theory upon which the liability is claimed, for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from:

• the use of, inability to use, or availability or unavailability of the Website or the Page or the material, information, software, facilities, services or content on the Website or the Page;

• any illegal or unauthorized use of the Website or the Page;

• the product failing to be suitable for the special or particular purpose You intend, or the failure of any services on or related to the Website or the Page; and

• the Website or the Page being infected with any malicious code or viruses.

3.7. You understand and agree that it is Your obligation to ensure compliance with any legislation relevant to Your country of domicile concerning Your use of the Website or the Page.

3.8. The Website owner does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Your use of the Website and its services, and any information, images or audio contained or related to the Website is at Your own risk.

3.9. If Applicable Law or the law of Your country of residence does not permit all or any part of the above limitation of liability or exclusion of warranties or disclaimer of implied terms in contracts to apply to You, the limitations, exclusions and disclaimers will apply to You only to the extent permitted by Applicable Law.

3.10. It is possible that due to a number of reasons outside of the Website Owner’s control, including but not limited to, changes in regulatory or intellectual property law, technological advancements, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of DMarket, Blockchain-based technology, and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments.

3.11. The Website and the Page is currently under development and may undergo significant changes. Any expectations regarding the form and functionality of the Website or the Page held by You may not be met for a number of reasons including a change in the design and implementation plans and execution of the implementation of the Website.

3.12. Despite Website Owner’s good faith efforts to exclude any viruses from the Website or the Page and secure the network and technologies interacting with the Website or the Page, it is possible that one or more third-parties can or will introduce malicious code or other viruses into the open-source software and code underlying the Website or the Page and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Website Owner. Such events may impact the continued development, deployment or operation of the Website or the Page.

3.13. There are risks associated with using the Website or the Page, including, but not limited to, the failure of hardware, software and Internet connections. The Website Owner is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any disruption, distortion or delay in its delivery or receipt, however so caused.

3.14. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Website or the Page. However, despite this, You acknowledge that information that is transmitted over the internet or Blockchain may be susceptible to unlawful access and monitoring.

SECTION 4. MISCELLANEOUS

4.1. Termination and Suspension. Notwithstanding anything contained herein, the Website Owner reserves the right, without notice and in its sole discretion, to terminate these AP Terms of Use, suspend Your right to access DMarket Affiliate Program and/or DMarket Affiliate Program Revenue, and/or deactivate Your participation in DMarket Affiliate Program, and/or delete all related information and files without liability to You, including (but not limited to) in case of Your breach of these AP Terms of Use or if the Website Owner believes You have committed fraud, negligence or other misconduct. All rights granted to You under these AP Terms of Use will immediately be revoked upon the Website Owner’s termination of these AP Terms of Use or suspension of Your access to DMarket Affiliate Program or the Website. In the event of any Force Majeure Event (as defined in "Miscellaneous" Section), breach of these AP Terms of Use, or any other event that would make the provision of services commercially unreasonable, the Website Owner may, in its discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of its services or the Website.

4.2. Assignment. The Website Owner may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects created during or referring to the Website) to any third party at any time. You may not assign Your rights or delegate Your duties as Website User and any assignment or delegation without the previous written consent of the Website Owner shall be null and void.

4.3. Communication and Notices. Any communication concerning these AP Terms of Use execution and/or violation should be conducted only via Your email and through the Website Owner’s contact form on the Website. Your official email for communication shall be deemed the email specified by You during the Account registration process. The one and only language of the communication shall be English. The Website Owner may provide any notice to You under these AP Terms of Use by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with Your Account. Notices the Website Owner provides by posting on the Website will be effective upon posting and notices Website Owner provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when Website Owner sends such email, whether or not You actually receive or read the email.

4.4. Further Assistance. You shall cooperate with and assist the Website Owner in connection with any investigation, examination or enquiry by any government entity. You shall promptly provide the Website Owner with any documents, certification, record or other information it may request in connection with such investigation, examination or enquiry.

4.5. Force Majeure Events. Website Owner shall not be liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a "Force Majeure Event").

4.6. Applicable Law. All questions concerning the construction, validity, enforcement and interpretation of these AP Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Delaware. To resolve any dispute, controversy or claim between them arising out of or relating to these AP Terms of Use, or the breach thereof, the parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all You and the Website Owner during such period, then You and the Website Owner (a) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of Delaware and to the jurisdiction of the United States District Court for the District of Delaware for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this AP Terms of Use except in the state courts of Delaware or the United States District Court for the District of Delaware, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this AP Terms of Use or the subject matter hereof may not be enforced in or by such court. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Website Owner and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the arbitration shall be English.

Intellectual property notification: This document belongs to the Website Owner and is protected by copyright laws. It’s copying and/or use by any third party in full or in part without prior written consent of the Website Owner is strictly prohibited.