Skywork Affiliate Campaign Terms & Conditions
UPDATED: 10/28/2025
The following are the terms and conditions of your agreement to become a member of the
Skywork Affiliate Campaign, operated by SKYWORK AI PTE. LTD. and its affiliate companies. By applying to be an
Affiliate Partner (
“
you
”
,
“
your
”
) and placing a link to any page owned by Skywork from your website or other online or
digital property, or offline properties such as physical media (
“
Properties
”
), you agree to be bound by all the terms and conditions set forth in this Agreement. If you
are acting on behalf of a legal entity, you represent and warrant that (i) you have the right and authority to
act on behalf of such legal entity; (ii) you have the right and authority to execute this Agreement.
DEFINITIONS As used in these terms and conditions: (i)
“
Skywork
”
, "we", "us", or "our" refers to Skywork.AI and our product; (ii) "you", "your" or
“
partner
”
refers to the Affiliate, an individual or entity that has agreed
to the terms of this Agreement; (iii)
"
our website" refers to the Skywork properties located at [https://skywork.ai] and the Skywork
app; (iv) "your website" refers to any websites or platforms (including, without limitation, social media
pages) that are owned, operated, managed or controlled by you; (v)
“
Campaign
”
or "Program" refers to the Skywork Affiliate Campaign; (vi)
“
Link
”
or
“
Links
”
refers to text links, graphical hypertext links and promo codes
obtained from Impact or us, which provide direct access to Skywork
’
s websites and may be included on your website in accordance with the Agreement.
1
Marketing Channels and Sources
1.1
Promotion on Facebook, X, TikTok, Instagram, Reddit and other social media platforms is
permitted following these rules: You are allowed to promote Skywork to your followers or own lists (excluding
Facebook custom audiences or similar programs
); more specifically, you are welcome to use your Links on your own social media properties,
provided you will comply with the terms that govern your use of such social media platform.
1.1.1
You are prohibited from posting your Links on Skywork's social
media properties and via any paid social media channels such as Facebook Ads.
1.1.2
You will not advertise Skywork through any paid media, search engine ads, display
advertising, paid social advertising such as Facebook Ads, Google Ads, Unity Ads
.
1.1.3
You are prohibited from posting your Links
on websites related to coupons, discounts, or deals;
1.1.4
You are prohibited from posting your Links on toolbar-driven
websites;
1.1.5
You are prohibited from posting your Links on gambling or gaming or other risky websites that
may affect the brand image and reputation;
1.1.6
You are prohibited from posting your Links through any cashback promise or other false
promise.
1.2
Email Marketing, Direct Message, SMS, App Notifications, Telephone and SEO/Organic Search
Traffic
are permitted following these rules:
1.2.1
In the event you use direct marketing communications and/or SEO, you shall be solely
responsible for such communications including their compliance with all applicable laws and shall ensure by
the nature and content of such messages that it is made clear the message is from you and not from or
instigated by Skywork. Such SEO activities shall comply with mainstream search engines' guidelines and shall
not employ any deceptive or manipulative techniques (e.g., "cloaking," "link buying," "content scraping") that
could negatively impact Skywork's reputation or search engine rankings. Any breach of this clause 1.2 will
result in termination of the Agreement and unpaid Payouts being voided.
1.2.2
Y
our direct marketing campaigns must
(1)
ensure opted-out individuals do not receive the communication.
(2)
that all addressed individuals have opted in to receiving promotional communications, where
required by applicable law.
(3)
set out your details, the reason for the communication and a link or information on how to
access your websites. lt must be obvious from the content of the communication that it is not being sent or
instigated by Skywork or its affiliates.
1.3
Pay-Per-Click (PPC/CPC) advertising
is prohibited
unless prior written approval is provided by Skywork. We have a
strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the
past 60 days, and your commission will be set to 0% without warning if you engage in PPC trademark bidding
that uses our trademarked terms. If your breach of this clause 1.3, including any unauthorized use of
trademarked terms, results in measurable harm (including but not limited to financial losses, reputational
damage, or regulatory penalties) to Skywork, Skywork reserves the right to hold the affiliate fully liable and
pursue full compensation for all losses and damages incurred.
1.3.1
You shall not bid on any of our
trademarked terms (which are identified below), including any
variations or misspellings thereof for search or
content-based campaigns on Google, Yahoo, Facebook or any other network.
1.3.2
You shall not use our trademarked terms in sequence with any other keyword (e.g. Skywork
Coupons).
1.3.3
You shall not use our trademarked terms in your ad title, ad copy, display name or as the
display url.
1.3.4
You shall not direct link to our website from any PPC or use redirects that yield the same
result. Affiliates must be directed to an actual page on your website.
1.3.5
Y
ou shall not bid in any
manner that appears higher than Skywork for any search term in position 1-10 in any auction style pay-per-click advertising program unless
prior written approval is provided by Skywork. If you automate your other PPC
campaigns, it is your responsibility to exclude our trademarked terms from your program, and we strongly
suggest you add our trademarked terms as negative keywords.
1.3.6
Our trademarked terms (the following is not an exhaustive list):
Skywork
, Skywork ai, Skywork ads, Skywork.com,
Skywork coupons, Skywork promo code, Skywork referral code.
2
Fees and Payouts
2.1
Modifications to the fees and payouts schedule are effective when made, notwithstanding
failure to notify any person. IF ANY CHANGE IN THE FEE SCHEDULE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS
AGREEMENT BY NOTIFYING SKYWORK IN WRITING. CONTINUED PARTICIPATION IN THIS SKYWORK AFFILIATE PROGRAM FOLLOWING
THE CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
2.2
Actions, Approved Actions and Valid Spend
2.2.1
Actions shall be listed on the
through Skywork affiliate platform or our third-party affiliate service
provider Impact (together
“
Platform
”
). You can only choose one Platform to use, and the data shall be determined solely by
reference to any single Platform, and no cumulative calculation shall apply.
2.2.2
We may approve or decline Actions in accordance with this Agreement. Actions that we approve
are referred to in this Agreement as "Approved Actions".
2.2.3
We will seek to approve or decline Actions within the Lock-in Date, as set out on the
Platform. In order to be an Approved
Action, the customer must, within Lock-in Date of their first referral to
the relevant Skywork page:
(1)
register an account with Skywork to access Skywork;
OR
(2)
purchase Skywork paid services, e.g.,
subscription
, credits.
2.2.4
“
Valid Spend
”
means the total amount spent (less taxes, duties and similar) by
the referred customer on Skywork Services listed on the Platform, following an Approved Action. Valid Spend
does not include Spend:
(1)
from jurisdictions not covered by the Skywork Affiliate Program. Qualifying jurisdictions
will be set out on the Platform;
(2)
made by customers which appear in our email marketing lists or which have subscribed for any
newsletters or other addressed communications of Skywork;
(3)
made by customers whose referral ought reasonably be attributed to another Partner, having
regard to the terms of this Agreement, the proper operation of the Platform and best industry practice; or
(4)
made by customers:
a)
found to be in breach of any terms it agrees with Skywork or any policies maintained by
Skywork from time to time, including without limitation the Skywork Terms of Use and Skywork Privacy Policy;
b)
subject of any enforcement action by Skywork, including suspension or cancellation of their
Skywork account and/or other Skywork official campaigns;
c)
subject to a right of repayment in favour of the customer, or any
unexpired cooling off period;
d)
subject of a cancelled order by the customer; or
e)
unpaid by the customer and considered bad debt by Skywork.
2.3
Payouts
2.3.1
The amount and type of Payouts will be displayed on the Platform, which
is subject to change at our discretion. Payouts may differ based on the jurisdiction in which the referred
customer purchases
Skywork services
.
2.3.2
You shall be liable for all costs of user acquisition and other marketing costs. Skywork will
not be liable to pay any amounts other than the Payout in accordance with this Agreement, unless otherwise
agreed in writing.
2.3.3
No Payouts shall be due in respect of Actions that are not approved.
2.3.4
No Payouts shall be due in respect of Approved Actions where the respective Valid Spend over
the applicable period as displayed in the Platform is less than Skywork's specified minimum threshold amount
as displayed on the Platform. For the avoidance of doubt, this restriction applies to Payouts for any and all
Approved Actions.
2.3.5
Payouts in respect of Approved Actions will be determined by an amount equal to a speci
fi
ed percentage of the Valid
Spend in respect of the Approved Action, as set out on Platform
(“Commission Offers”
)
;
2.3.6
Payouts will be paid in accordance with the payment terms set out on the Platform. All
payments are facilitated by the Platform.
2.3.7
You shall immediately repay any amounts paid to you in error, or other than in accordance
with your rights under this Agreement. Skywork may set off any Payout otherwise payable to you against any
monies you owe to Skywork, including Payouts previously paid in respect of Actions or Valid Spend generated in
breach of this Agreement.
2.3.8
All sums payable under this Agreement shall be exclusive of taxes which, if applicable, shall
be added at the appropriate rate. Taxes shall be paid by the Party liable to pay taxes pursuant to applicable
law.
3
Your Rights and Responsibilities
3.1
Linking to Skywork
3.1.1
By agreeing to participate in the Skywork Affiliate Program, you will be provided with a
tracking link
through the
Platform
, linking to our Skywork service. You will not alter this link without prior arrangement.
3.1.2
Any altering of the affiliate tag or
link created by the Platform will possibly result in your data not
being accurate, and we do not accept liability for nonpayment of Payouts as a result of such errors.
3.1.3
You shall not make any claims, representations, or warranties in connection with Skywork
properties and you shall have no authority to, and will not, bind Skywork properties to any obligation without
first obtaining written permission from Skywork.
3.2
Your Obligations
3.2.1
You agree to positively endorse Skywork properties at all times; maintain Properties and
content that are free of pornography or other sexual material, promotion of violence, promotion of
discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotion of
illegal activities, or violation of Intellectual Property; and comply with any code of conduct we may
implement.
3.2.2
You agree and acknowledge that referring eligible customers to register an account with
Skywork to access Skywork and/or purchasing activity by those customers on Skywork ("Action") must be approved
by us. The requirements for an Action to be approved (
“
Approved Action
”
) are set out in the Clause 2.2. Skywork, in its sole discretion, may refuse to approve
Actions where it suspects:
(1)
you are not operating in accordance with the Agreement or best industry
practice
;
(2)
you are in breach of any applicable data protection and privacy laws and regulations,
including without limitation the (USA) CAN-SPAM Act, Data Protection Act UK (2018), the UK and EU General Data
Protection Regulations and the Privacy and Electronic Communications Regulations (or other local
implementations of the ePrivacy Directive); referrals are being generated by bots or other non-human traffic;
(3)
referrals are being generated by bots or other non-human traffic;
(4)
an attempt has been made to set cookies other than as a result of intentional, voluntary,
human interaction with the relevant link. For the avoidance of doubt, Actions refused under this subsection
include any browser extensions or other automatic mechanisms sponsored by you, operating in the background,
which attribute customer spend to you without additional human interaction with the relevant link;
(5)
an attempt has been made to impersonate Skywork; an attempt has been made to mislead
customers; or
(6)
you are, directly or indirectly,
incentivizing traffic and/or referrals to our site by offering monetary payments
or equivalent rewards. This includes, but is not limited to, offering gift cards, credit, cash rewards,
splitting your Payouts with users, or providing any other incentives or equivalent to such users (
“
Incentivized Traffic
”
). For clarity, Incentivized Traffic shall also include means such as browser extensions
offering cash back, coupon codes, or other similar payment mechanisms.
3.2.3
You must provide true and complete information to Skywork at all times; including but not
limited to, your identity, contact information, payment instructions, and any other information that Skywork
may reasonably request from time to time. You shall have no claims to Payouts for any business that is not
properly tracked and attributed to you through the affiliate tracking system.
3.2.4
Skywork grants you the non-exclusive right to direct individuals to our properties, in
accordance with the terms and conditions of this Agreement. You shall have no claims to Payouts, Payouts or
other compensation on business secured or partially secured by or through persons or entities other than you.
You also understand that Skywork may at any time (directly or indirectly) solicit referrals on terms that may
differ from those set out here, or operate or contract with websites properties that are similar to, or
compete with, your Properties.
3.2.5
You must ensure that you do not place digital advertisements on Properties providing
unauthorized access to copyrighted content.
3.2.6
You agree to not register, or attempt to register, or procure the registration of, any
website domain names or social media handles which include the intellectual property of Skywork within such
domain names or social media handles (for example, without limitation, the word
‘
Skywork
’
).
3.2.7
You will comply with all laws, regulations, directives, legal duties and contractual
obligations and other legal, ethical and transparency obligations applicable to digital advertising in
relation to this Agreement and the service provided under this Agreement.
3.3
Responsibility for your Properties and other marketing materials
3.3.1
You will be solely responsible for the development, operation and maintenance of your
Properties and for all materials that appear on your Properties. For example, you will be solely responsible
for ensuring that materials posted on your Properties are not libelous or otherwise illegal. Skywork disclaims
all liability for these matters.
3.3.2
You agree to abide by and comply with the most up to date version of the (United Kingdom)
Non-Broadcast Code (CAP) and similar codes in other jurisdictions to promote services responsibly and in line
with the advertising rules as laid out by the (UK) Advertising Standards Agency. In particular, all
advertising must be appropriately marked or obviously identifiable as such.
3.3.3
You agree to monitor and keep abreast of all (UK) ASA/CMA rulings and similar rulings in
other jurisdictions, and comply with any standards or advice notes which result from them.
3.3.4
Non-compliance with any of our terms and conditions or the advertising rules mentioned above
may lead to the issuing of warnings which ultimately may result in removal from our affiliate program,
including withholding of Payouts.
3.3.5
You will not knowingly benefit from known or suspected traffic not generated using accepted
and best internet and mobile marketing practices whether or not it causes Skywork or the Skywork brand harm.
Should fraudulent, spam or unethical activity, knowingly or otherwise, arise from a person directed to a
Skywork property via your link, we retain the right to retract the Payouts paid to you at any time. Our
decision in this regard will be final and no correspondence will be entered into. Skywork reserves the right
to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic
has been caused with your knowledge. If the affiliate tag is not used in exactly the way it is given by the
Platform, and altered in any way, Skywork reserves the right to deduct the Payouts earned from these altered
tags, even if these Payouts had been previously paid out.
3.3.6
You agree to conduct all activities under the Skywork Affiliate Program in full compliance
with all applicable data protection and privacy laws and regulations, including the (USA) CAN-SPAM Act, Data
Protection Act UK (2018) and the UK and EU General Data Protection Regulations and the Privacy and Electronic
Communications Regulations, and/or their equivalent where data is transferred, stored, processed or maintained
outside of these jurisdictions.
4
License to Use Logos and Branding Assets
4.1
Skywork hereby grants you a non-exclusive, non-transferable, revocable license, during the
term of this Agreement, to use the Skywork marks provided by Skywork solely in form of realistic,
non-misleading promotional materials and in connection with the promotion of Skywork for the purposes of the
Skywork Affiliate Program.
4.2
This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to
use the marks is limited to, and arises only out of, this license to use Skywork branding material.
4.3
You acknowledge that Skywork is the sole owner of all rights, title, and interest in and to
the Marks. All use of the Marks by you shall inure to the benefit of Skywork. You shall not assert the
invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever
kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same
generic, or otherwise weaken their validity or diminish their associated goodwill. Further, you agree to keep
information about Skywork up-to-date on your Properties.
4.4
You agree that all services and promotional activities associated with your use of the Marks
will be of high quality and comply with all applicable laws. Skywork reserves the right to review and approve
samples of your use of the Marks prior to publication. Skywork may, at its discretion, periodically audit your
use and require immediate corrective actions for any non-compliance.
4.5
You hereby grant Skywork a non-exclusive, non-transferable, revocable license, during the
term of this Agreement, to use your marks, marketing materials and other content in connection with the
promotion of Skywork with your prior consent.
5
Anti-Predatory Advertising Policy
5.1
You shall not replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner
the web users online access, view or usage of, or other aspect of the web users online experience at any other
Affiliate Partners webpage (as defined below) in a manner that causes or otherwise results in a different
experience from that which was otherwise intended by such Partner.
5.2
You shall not block, alter, direct or redirect, substitute, insert or append itself to, or
otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that
originated from other Affiliate Partner webpage (including without limitation any return visit to Skywork to
which such click-through or other traffic reached or intended to reach) with the result of reducing
compensation or other payment earned by or owing to a Affiliate Partner or increasing any payment obligation
of Skywork with respect to any individual transaction.
5.3
You will be removed from the Skywork Affiliate Program and forfeit any pending Payouts if you
are utilizing or distributing software downloads that potentially enable diversions of Payout from other
Affiliate Partners in our program.
6
Term and Termination
6.1
We reserve the right to terminate your participation in the Program immediately, with zero
(0) days
’
prior notice to you. Such termination may be effected with or without cause, and without
liability or obligation of any kind beyond the settlement of accrued, undisputed payments for media or
services rendered prior to the effective date of termination.
6.2
You must remove all Skywork banners/icons from your Properties and disable the link from your
Properties to Skywork properties upon termination of this Agreement for any reason.
6.3
All rights and licenses given to you in this Agreement shall immediately terminate upon
termination of this Agreement for any reason.
6.4
Upon termination of this Agreement for any reason, Skywork may withhold your final payment
for a reasonable time to ensure that the correct amount is paid.
6.5
Upon termination of this Agreement for any reason, you will return to Skywork any
confidential information, and all copies of it in your possession, custody and control, and will cease all
uses of any trade names, trademarks, service marks, logos and other designation of Skywork.
6.6
Before or after termination of this Agreement, Skywork reserves the right to modify this
Agreement or the fee schedule as described above, with such modification effective immediately.
6.7
Skywork reserves the right to suspend and/or terminate with immediate effect all activity in
relation to this Agreement if it has reasonable grounds to suspect that there has been a breach of any
regulatory standard or code of practice, a material breach of this Agreement or any action which could bring
Skywork and its brands or associates into disrepute.
7
Relationship of Parties
7.1
Both you and Skywork are independent contractors and nothing in this Agreement will create
any partnership, joint venture, franchise, sales representative, or employment relationship between the
parties. You will have no authority to make or accept any offers or representations on our behalf. You will
not make any statement, whether on your Properties or otherwise, that contradicts anything in this paragraph.
8
Indemnity
8.1
You shall defend, indemnify, and hold Skywork, its directors, officers, employees,
contractors, agents and representatives harmless from and against any and all liabilities, losses, damages,
and costs, including reasonable attorney fees, resulting from, arising out of, or in any way connected with:
8.1.1
any breach by you of any warranty, representation, or agreement;
8.1.2
the performance of your duties and obligations under this Agreement;
8.1.3
your negligence;
8.1.4
the development, operation, maintenance and contents of your Properties and marketing
materials; or
8.1.5
any injury caused directly or indirectly by your negligent or intentional acts or omissions,
or the unauthorized use of our banners and link or this Skywork Affiliate Program.
9
Disclaimers
9.1
Skywork makes no express or implied warranties or representations with respect to the Skywork
Affiliate Program or Payout payment arrangements (including, without limitation, their functionality,
warranties of fitness, ability, legality, non-infringement, or any implied warranties arising out of a course
of performance, dealing or trade usage). In addition, Skywork makes no representation that the operation of
our site will be uninterrupted or error-free, and Skywork will not be liable for the consequences of any
interruption errors.
10
Operating Agreement and Disclosure
10.1
Limitations of Liability
10.1.1
SKYWORK WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF
REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SKYWORK AFFILIATE PROGRAM, EVEN IF
YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SKYWORK
’
S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SKYWORK AFFILIATE
PROGRAM WILL NOT EXCEED THE TOTAL PAYOUTS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT
IN THE PRECEDING 2 MONTH PERIOD
. THE CALCULATION OF TOTAL PAYOUTSPAID OR PAYABLE FOR THE PURPOSES OF THIS PROVISION SHALL BE
BASED ON SKYWORK
’
S CALCULATION OF PAYOUTS PAID OR PAYABLE IN ACCORDANCE WITH THE FEE SCHEDULE AND THIS
AGREEMENT.
10.1.2
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to
any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute
personal obligations of shareholders.
10.1.3
Skywork
may, in its sole discretion, with or without notice, use any available
means to block or restrict certain referrals to reduce the number of fraudulent or unprofitable transactions
or for any reason whatsoever. Skywork does not guarantee or warrant the success of such fraud prevention
efforts.
10.2
Governing law and dispute resolution: this Agreement is governed by the internal substantive
laws of Singapore, without respect to its conflict of law provisions. Any dispute arising out of or in
connection with the Agreement, including any question regarding existence, validity or termination of the
Agreement, shall be referred to and finally resolved by arbitration administered by Singapore International
Arbitration Centre (
“
SIAC
”
) in accordance with the Arbitration Rules of SIAC (
“
SIAC Rules
”
) for the time being in force, which rules are deemed to be incorporated by reference in this
clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators.
The language of the arbitration shall be English. By accepting this Agreement, you and Skywork agree that each
of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in
any purported class or representative action or proceeding. Unless both You and Skywork agree otherwise, the
arbitrator may not consolidate or join more than one person
’
s or party
’
s claims and may not otherwise preside over any form of a consolidated, representative, or
class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory
relief) only in favor of the individual party seeking relief and only to the extent necessary to provide
relief necessitated by that party
’
s individual claim(s).
10.3
Non-Waiver. Our failure to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce such provision or any other provision of
this Agreement. NO MODIFICATIONS, ADDITIONS OR DELETIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE
RECOGNIZED BY SKYWORK. None of our employees, officers or agents may verbally alter, modify or waive any
provision of this Agreement.
10.4
Assignability. You may not assign this Agreement, by operation of law or otherwise, without
our prior written consent. Subject to that restriction, this Agreement will be binding and enforceable against
you and Skywork.
10.5
Disclosure
10.5.1
YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR JURISDICTION WHICH APPLY TO YOUR ACTIVITIES
AND REPRESENT TO SKYWORK THAT YOU MAY PARTICIPATE IN THE SKYWORK AFFILIATE PROGRAM WITHOUT VIOLATING ANY
APPLICABLE RULES OR LAWS.
10.5.2
By submitting your request to become a Affiliate Partner, you acknowledge that you have read
this Agreement and have independently evaluated the desirability of participating in this Skywork Affiliate
Program and are not relying on any representation, guarantee, or statement other that what is set forth in
this Agreement, and that you agree to all its terms and conditions.
10.5.3
Our rights and remedies shall not be mutually exclusive, i.e. the exercise of one or more of
the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge,
confirm and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in
the event of a breach, or threatened breach of any provision of this Agreement, the respective rights and
responsibilities of the parties may be enforceable by specific performance, injunction or other equitable
remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for
a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to
make clear that our respective rights and obligations shall be enforceable in equity as well as at law or
otherwise.
10.5.4
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as
to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid,
illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such
invalidity or unenforceability, without invalidating the remainder of this Agreement or any other provision.
No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be
effective.
10.5.5
Skywork may modify any of the terms and conditions contained in this Agreement, at any time
and at its sole discretion, by sending you a notice identifying the changes. Modifications may include, but
are not limited to, changes in the Payouts, payment schedule or other rules. IF ANY CHANGE IN THE AGREEMENT IS
UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING SKYWORK IN WRITING (INCLUDING BY ACCOUNT
MESSAGE THROUGH THE PLATFORM). CONTINUED PARTICIPATION IN THIS SKYWORK AFFILIATE PROGRAM FOLLOWING OUR MAKING
A CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.