Clickwrap — Referral Partner Program via PartnerStack
About AFTRDRK
AFTRDRK was founded on a single, unforgiving truth: the most devastating cyberattacks begin in darkness — in hidden venues where threats evolve undetected, long before defenses ever react. AFTRDRK closes the gap: seeing attacks coming before they land, and giving organizations a clear, defensible picture of who's behind them.
AFTRDRK Partner Program Terms
These Partner Program Terms ("Terms") govern your participation in the AFTRDRK Referral Partner Program (the "Program"), operated through PartnerStack (the "Partner Platform"). By applying to, enrolling in, or participating in the Program — including by clicking "I Agree" or otherwise indicating acceptance through the Partner Platform — you ("Partner," "you," or "your") agree to be bound by these Terms.
We may update these Terms from time to time, including by replacing them in their entirety. We will notify you of material changes through the Partner Platform or by email. Continued participation in the Program after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree, your remedy is to terminate under Section 17. Updates do not reduce Commission already earned on Transactions completed before the update takes effect.
1. Definitions
Capitalized terms not defined here have the meanings given in the Terms of Service.
- "Attribution Data" means information made available to Partner through the Partner Platform or otherwise concerning Leads, Qualified Referrals, subscription status, tier, billing cycle, amounts paid, renewals, cancellations, and Commission calculations.
- "Commission" means the compensation payable to Partner on a Qualified Referral and on each Renewal Transaction, calculated and paid per the rates, timing, and conditions in the Program Policies.
- "Company Materials" means marketing, sales, and descriptive materials about AFTRDRK or the Services that AFTRDRK provides to Partner for use in the Program.
- "Competitor" means any person that offers, or is preparing to offer, a dark web monitoring or attack surface monitoring product that is materially the same as, and marketed as an alternative to, DRK Web Surveillance. Offering incident response, digital forensics, legal, insurance, or other professional services does not by itself make a person a Competitor.
- "Lead" means a prospective customer referred through your Partner Link.
- "Partner Link" means the unique referral link, code, or tracking mechanism assigned to you by AFTRDRK through the Partner Platform.
- "Program Materials" means Company Materials, Attribution Data, the Program Policies, any demonstration or trial access to the Services, any sample Intelligence or Deliverables, and any other information or materials AFTRDRK provides to Partner in connection with the Program.
- "Program Policies" means the then-current commission rates, payment timing, lead validity windows, and related operational terms made available to you through the Partner Platform, as updated from time to time and incorporated into these Terms by reference.
- "Qualified Referral" means a Lead that purchases a paid DRK Web Surveillance subscription through click-wrap checkout on AFTRDRK's website, including on conversion of a free trial to a paid subscription, where the Partner Platform attributes the purchase to Partner's Partner Link. Purchases made under an executed Order Form are Qualified Referrals only if and as expressly set forth in the Program Policies.
- "Renewal Transaction" means each subsequent recurring payment, monthly or annual, made by a Qualified Referral for its DRK Web Surveillance subscription during the life of that subscription. A change of tier or billing cycle within DRK Web Surveillance does not end the subscription. A subscription that is canceled or lapses and is later restarted is a new purchase, not a Renewal Transaction, and is a Qualified Referral only if independently attributed to Partner under this Section.
- "Terms of Service" means AFTRDRK's then-current Terms of Service, available at aftrdrk.com/terms.
- "Transaction" means a Qualified Referral purchase or a Renewal Transaction.
2. Non-Exclusivity and No Authority
This Agreement is non-exclusive. AFTRDRK may accept referrals from multiple partners, run multiple partner programs, and sell directly to any customer at its sole discretion. Partner has no territory rights, no protected accounts, and no exclusive relationship with any referred customer.
Partner has no authority to sell, resell, negotiate terms, manage accounts, or act as an agent on behalf of AFTRDRK, and shall not make any commitment, representation, or warranty on AFTRDRK's behalf except as expressly authorized in Company Materials.
Participation in the Program does not make Partner an authorized or approved partner for purposes of Section 4.1 of the Terms of Service. Partner has no access to AFTRDRK case-handling systems and receives no case information under this Agreement.
3. Enrollment and Acceptance
AFTRDRK will review each application to participate in the Program and notify the applicant of acceptance or rejection. AFTRDRK may request additional information or require completion of certification before accepting an application. If AFTRDRK does not notify you of acceptance within thirty (30) days of application, the application is deemed rejected.
If accepted, these Terms apply in full until terminated under Section 17. You must comply with these Terms and the Program Policies at all times, and must complete any enrollment requirements within thirty (30) days of acceptance or this Agreement terminates automatically.
4. Referrals and Qualification
4.1 Lead validity. Leads must be generated through your Partner Link. A Lead is not valid if, in AFTRDRK's reasonable determination, it:
- (a) is an existing AFTRDRK customer, including a customer that received a DRK Web Surveillance free trial through activation of Threat Actor Engagement;
- (b) is already involved in AFTRDRK's active sales process; or
- (c) first engages with your Partner Link after this Agreement has expired or terminated.
Lead validity windows are set in the Program Policies. A Lead that starts a free trial within its validity window and converts to a paid subscription at the end of that trial is treated as converting within the window.
4.2 AFTRDRK discretion. AFTRDRK may decline any Lead in its reasonable discretion, and may engage directly with any Lead, valid or not, at its sole discretion.
4.3 Commission. Commission is payable on each Qualified Referral at the rate and timing set in the Program Policies. Partner is also entitled to recurring Commission on each Renewal Transaction made by that Qualified Referral for the life of the subscription, at the rate set in the Program Policies, provided Partner remains eligible under Section 5 at the time of each Renewal Transaction.
Commission is calculated on amounts AFTRDRK actually receives, net of refunds, credits, and chargebacks. Commission does not apply to taxes, one-time fees, or any Service other than DRK Web Surveillance, except as expressly set forth in the Program Policies.
4.4 Attribution and disputes. Attribution is determined by the Partner Platform's records, subject to AFTRDRK's reasonable review. Partner must raise any dispute about attribution or Commission in writing within sixty (60) days of the statement or payment in question, or the statement is final.
5. Eligibility, Fraud Prevention, and Forfeiture
5.1 Ineligibility. You are not eligible for Commission on a Transaction if:
- (a) the compensation is disallowed or limited by applicable law;
- (b) the referred customer objects to or excludes the compensation;
- (c) the customer has paid or will pay a referral fee directly to you;
- (d) the Commission was obtained through fraud, misuse of the Partner Link, or violation of these Terms or the Program Policies;
- (e) the customer participates in another AFTRDRK partner program;
- (f) the customer is you or your affiliate; or
- (g) AFTRDRK has declined, suspended, or terminated the customer under Section 5 or Section 14 of the Terms of Service, in which case no Commission is payable on that customer from the date of that action.
5.2 Recovery. If AFTRDRK determines, before or after payment, that a Commission was paid on an ineligible Transaction or on amounts later refunded, credited, or charged back, AFTRDRK may withhold or deduct the amount from future payments owed to you, or invoice you for repayment, which is due within thirty (30) days.
5.3 Withholding pending review. AFTRDRK may withhold Commission on any Transaction it is reasonably investigating for fraud, a violation of these Terms, or a sanctions or regulatory concern, until the investigation concludes.
5.4 Prohibited practices. You must not:
- engage in cookie-stuffing, false or misleading links, or pop-ups;
- attempt to mask referring URL information;
- use your own Partner Link to purchase AFTRDRK products for yourself or your affiliates; or
- generate Leads through purchased contact lists, fake redirects, hidden frames, automation tools, or incentivized signups.
6. Partner Obligations and Representations
Partner agrees to:
- Refer customers in a professional and ethical manner, using commercially reasonable efforts to promote AFTRDRK favorably.
- Not make any false, misleading, or unauthorized statements about the Services, pricing, features, or outcomes.
- Comply with all applicable laws, including anti-spam, data protection, and sanctions and export control laws (see Sections 12 and 13).
- Not engage in high-pressure, deceptive, or unethical referral practices.
- Not represent, warrant, or imply, in any marketing, sales, or promotional activity, that the Services guarantee the prevention, detection, or remediation of any cybersecurity incident, data breach, or regulatory compliance failure, or that any Intelligence is accurate, complete, or timely.
- Not be, or become during the term, a Competitor, and notify AFTRDRK promptly if that changes.
- Accurately disclose to AFTRDRK all websites, domains, and channels through which you generate Leads.
- Clearly disclose your Partner relationship with AFTRDRK to any Lead or customer where required by applicable law or platform policy. This disclosure obligation is solely yours.
7. License to Partner Link and Marks
Subject to your compliance with these Terms, AFTRDRK grants you a revocable, non-transferable, non-exclusive license during the term to market and display the Partner Link in a manner consistent with AFTRDRK's trademark policies. No right to sublicense, resell, or otherwise distribute the Partner Link, the Services, or any Program Materials to third parties is granted, and nothing in this Agreement is a written agreement permitting resale under Section 2 of the Terms of Service.
You must only use AFTRDRK trademark images provided to you, without alteration; use them only in connection with the Program; and immediately discontinue use on request. You must not use AFTRDRK's trademarks in a misleading or disparaging way, or in a way implying AFTRDRK endorses your own products or services.
You grant AFTRDRK a non-exclusive, non-transferable, royalty-free right to use and display your name, logo, and marks in connection with the Program.
8. Quality Control and Authorized Representations
Any use of the Services, AFTRDRK's marks, or Company Materials must conform to AFTRDRK's standards, and none of them may be sold, distributed, or disclosed unless approved by AFTRDRK. This Section is a material term of this Agreement. Except as expressly authorized in Company Materials, Partner shall not make any representation or warranty to any Lead or third party regarding AFTRDRK or the Services, and is solely responsible for any unauthorized or inconsistent representation it makes.
9. Customer Terms
Each customer's use of the Services is governed by the Terms of Service, which the customer accepts directly with AFTRDRK at checkout. Partner is not a party to the Terms of Service and has no rights under them. Partner shall not offer, promise, or agree to any term with a Lead or customer that is inconsistent with, less protective of AFTRDRK than, or in addition to the Terms of Service, and shall not purport to modify, amend, or supplement the Terms of Service.
10. Intellectual Property and Use Restrictions
10.1 Ownership. All intellectual property rights in the Services, the AFTRDRK Methodology, Intelligence, Deliverables, Program Materials, and AFTRDRK's trademarks remain exclusively with AFTRDRK or its licensors. No license to any AFTRDRK software, technology, or methodology is granted by this Agreement. Partner will not contest AFTRDRK's ownership of its intellectual property, during the term or after, and shall not remove or alter any AFTRDRK copyright or proprietary notice.
10.2 Demonstration access. Any demonstration or trial access to the Services provided to Partner may be used only to evaluate and demonstrate the Services to Leads in connection with the Program.
10.3 Restrictions. Partner shall not, and shall not assist or enable any third party to:
- (a) create any derivative work, database, index, model, product, or service that is based on, derived from, trained on, or incorporates any Intelligence, Deliverable, or Program Materials, in whole or in part;
- (b) use any Intelligence, Deliverable, or Program Materials, individually or in aggregate or over time, to develop, train, benchmark, validate, evaluate, or improve any attribution, threat intelligence, analytical, monitoring, or scoring capability; or
- (c) reverse engineer, decompile, deconstruct, or otherwise attempt to derive, reconstruct, replicate, or approximate any AFTRDRK Methodology, whether from the Services, from any Intelligence, Deliverable, or Program Materials, or from any combination of them.
10.4 Duration. The restrictions in this Section survive termination: indefinitely with respect to AFTRDRK trade secrets, and for five (5) years with respect to all other materials.
11. Confidentiality
11.1 Definition. "Confidential Information" means any non-public information disclosed by one party to the other in connection with the Program, whether or not marked confidential, that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. AFTRDRK's Confidential Information includes the AFTRDRK Methodology, Intelligence, Deliverables, Program Materials, Attribution Data, the Program Policies, and non-public pricing.
11.2 Exclusions. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully known to the receiving party without obligation of confidence before disclosure, is rightfully received from a third party without obligation of confidence, or is independently developed without reference to the disclosing party's Confidential Information.
11.3 Obligations. Each party will protect the other's Confidential Information using no less than reasonable care, will limit access to its personnel and advisors with a need to know who are bound by obligations no less protective than these, and will use it only to perform under this Agreement. A party may disclose Confidential Information to the extent required by law, after giving the other party prompt notice where legally permitted.
11.4 Attribution Data. AFTRDRK makes Attribution Data available to Partner only as permitted under the Terms of Service. Partner shall use Attribution Data solely to verify and administer Commission, and shall not use it to market to, profile, or contact any customer about that customer's AFTRDRK subscription.
11.5 Customer non-solicitation. During the term and for one (1) year after termination, Partner shall not solicit any Qualified Referral to switch to a Competitor or to stop using the Services.
11.6 Duration. These obligations survive termination for five (5) years, and indefinitely with respect to information that constitutes a trade secret. Nothing in this Section limits Section 10, which applies independently.
12. Data Protection
To the extent Partner collects, transmits, or otherwise processes personal data of Leads or customers in connection with this Agreement, Partner shall:
- (a) comply with all applicable data protection and privacy laws, including as applicable the GDPR, UK GDPR, and California Consumer Privacy Act;
- (b) collect and transmit such personal data only where it has a lawful basis and has given appropriate notice to the individual;
- (c) not transmit to AFTRDRK any personal data obtained through practices prohibited under Section 5.4; and
- (d) maintain reasonable administrative, technical, and physical safeguards to protect the Partner Link, Partner Platform credentials, Attribution Data, and Program Materials from unauthorized access or use.
AFTRDRK processes personal data received from Partner in accordance with AFTRDRK's Privacy Policy.
13. Sanctions, Export Controls, and Compliance
13.1 Compliance. Partner shall comply, and shall ensure that any third party performing referral activities on its behalf complies, with all applicable laws and regulations, including sanctions, export control, data protection, and anti-spam laws. Partner shall not engage in deceptive, misleading, illegal, or unethical marketing activities.
13.2 Partner representations. Partner represents, warrants, and covenants that:
- (a) neither Partner nor any of its owners, officers, directors, or personnel is a sanctioned person or entity under U.S. sanctions laws (including those administered by OFAC), or is owned or controlled by one;
- (b) to Partner's knowledge, no Lead it refers is a sanctioned person or entity or is located in a comprehensively sanctioned country or region;
- (c) Partner will not refer any Lead it knows or has reason to believe is a sanctioned person or entity; and
- (d) Partner will not directly or indirectly export, re-export, or transfer the Services, Intelligence, or Program Materials to any prohibited country, region, person, or entity.
Partner will notify AFTRDRK immediately if any of these representations becomes untrue or if Partner learns that a Lead or customer may be a sanctioned person or entity.
13.3 AFTRDRK screening and rights. AFTRDRK conducts its own screening of customers. AFTRDRK may decline, suspend, or terminate any Lead, customer, Transaction, or Partner's participation in the Program immediately and without liability if it determines, in its sole discretion, that there is a sanctions, export control, or other legal or regulatory risk. No Commission is payable on any Lead or customer declined, suspended, or terminated on those grounds.
14. Warranties and Disclaimers
Partner warrants that it will comply with all applicable laws and will not engage in any deceptive or unethical referral practices.
THE PROGRAM, THE PARTNER PLATFORM, THE PROGRAM MATERIALS, AND ANY ACCESS TO THE SERVICES PROVIDED TO PARTNER ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTRDRK MAKES NO WARRANTIES TO PARTNER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ACCURACY OF ANY TRACKING OR ATTRIBUTION. Any warranties or disclaimers concerning the Services run solely between AFTRDRK and its customers under the Terms of Service.
15. Indemnification
15.1 Obligation. Partner will indemnify, defend, and hold harmless AFTRDRK and its officers, directors, employees, agents, and contractors from any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from:
- Partner's referral activities or representations to Leads or customers;
- AFTRDRK's use of Lead data Partner provides;
- any breach of this Agreement by Partner, including Sections 5, 6, 10, 11, 12, and 13;
- any misleading or unauthorized statement made by Partner;
- Partner's failure to disclose its Partner relationship where required; or
- any violation of applicable law by Partner.
15.2 Procedure. AFTRDRK will notify Partner in writing promptly after becoming aware of an indemnifiable claim. Failure or delay in giving notice relieves Partner of its obligations only to the extent Partner is materially prejudiced. Partner may control the defense and settlement of the claim with counsel reasonably acceptable to AFTRDRK, and AFTRDRK will provide reasonably requested cooperation at Partner's expense.
AFTRDRK may elect to control the defense of any claim that involves sanctions or export control laws, a regulatory or law enforcement authority, or AFTRDRK's personnel, sources, or operations. If it does, Partner remains responsible for reasonable defense costs and for all losses covered by Section 15.1.
Partner shall not settle any claim in a way that imposes an obligation on AFTRDRK, requires an admission by AFTRDRK, or imposes liability not covered by this indemnification without AFTRDRK's prior written consent.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY DELAWARE LAW, IN NO EVENT SHALL AFTRDRK BE LIABLE TO PARTNER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR LOST COMMISSION, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AFTRDRK'S TOTAL AGGREGATE LIABILITY TO PARTNER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL COMMISSION PAID OR OWED TO PARTNER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
These limitations apply even in cases of negligence or gross negligence, to the extent permitted by law, and are an essential element of the bargain between the parties. The Program would not be offered without them. These limitations apply only to AFTRDRK. Nothing in this Agreement limits Partner's liability, including for its indemnification obligations or its breach of Sections 5, 10, 11, or 13.
17. Term, Suspension, and Termination
17.1 Term. The initial term is one (1) year from acceptance, renewing automatically for successive one-year terms unless either party gives thirty (30) days' written notice of non-renewal or termination.
17.2 Suspension. AFTRDRK may suspend Partner's participation, Partner Link, Partner Platform access, and Commission payments immediately, pending investigation, if it reasonably suspects a breach of these Terms, fraud, or a legal, regulatory, sanctions, or reputational risk.
17.3 Termination for cause.
- AFTRDRK may terminate immediately on written notice if Partner materially breaches this Agreement, violates Section 5, 6, or 13, or becomes a Competitor.
- AFTRDRK may also terminate immediately on written notice if continued participation would create legal, regulatory, sanctions, or reputational risk for AFTRDRK.
- Partner may terminate on written notice if AFTRDRK materially breaches this Agreement and fails to cure the breach within thirty (30) days of Partner's written notice describing it.
17.4 Effect on Commission. On termination, Partner's right to make referrals and earn Commission on new Qualified Referrals ends immediately. Commission on Renewal Transactions by previously Qualified Referrals continues to be paid per the Program Policies only if this Agreement ends by:
- (a) expiration or non-renewal initiated by AFTRDRK;
- (b) AFTRDRK's termination under the second bullet of Section 17.3, where the risk did not arise from Partner's conduct; or
- (c) Partner's termination for AFTRDRK's uncured material breach.
In every other case, including any termination or non-renewal by Partner for any other reason and any termination by AFTRDRK for Partner's breach, Commission ends immediately. Continued Commission is conditioned on Partner's ongoing compliance with Sections 5, 10, 11, and 13.
17.5 Effect of termination. On termination, Partner must immediately cease all use of AFTRDRK's trademarks and references to the Program, stop using the Partner Platform for AFTRDRK, and return or destroy all Program Materials. AFTRDRK will disable Partner's access.
17.6 Survival. Sections 4.4, 5, 9, 10, 11, 12, 13, 15, 16, 17.4 through 17.6, 18, 19, and 20 survive termination or expiration of this Agreement.
18. Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware, and each party consents to the personal jurisdiction of those courts.
19. Order of Precedence
These Terms, together with the Program Policies, constitute the entire agreement between Partner and AFTRDRK regarding the Program. If these Terms and the Program Policies conflict, these Terms control, except that the Program Policies control commission rates, payment timing, and lead validity windows where these Terms defer to them.
These Terms govern only the relationship between AFTRDRK and Partner. The Terms of Service govern each customer's relationship with AFTRDRK, and nothing in these Terms amends the Terms of Service or grants Partner any right under them. As between AFTRDRK and Partner, these Terms control over any Partner Platform terms.
20. General
- Entire agreement. This Agreement supersedes all prior agreements and understandings regarding the Program.
- Independent contractors. Partner is an independent contractor. No partnership, joint venture, employment, or agency relationship is created.
- Assignment. AFTRDRK may assign this Agreement without Partner's consent, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. Partner may not assign this Agreement without AFTRDRK's prior written consent.
- No third-party beneficiaries. Nothing in this Agreement confers any right or benefit on any person other than the parties.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
- Force majeure. Neither party is liable for any delay or failure to perform to the extent caused by events beyond its reasonable control, including cyberattacks, acts of God, war, terrorism, pandemics, government actions, or failures of third-party infrastructure. This does not excuse payment or repayment obligations, or compliance with Sections 10, 11, and 13.
- Notices. Notices to Partner will be sent through the Partner Platform or to the email address on file. Notices to AFTRDRK must be sent through our contact form. Notices are deemed delivered when sent, unless the sender receives a notice of non-delivery.
- Employee non-solicitation. During the term and for twelve (12) months after, neither party shall directly solicit for employment any employee of the other party with whom it had material contact in connection with this Agreement. This does not restrict general solicitations not specifically targeted at those employees, or hiring in response to a general solicitation.
- No waiver. No waiver of any breach is a waiver of any other breach.
Acceptance
By clicking "I Agree," enrolling in, or otherwise participating in the Program through the Partner Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.