Advertising & Media Policy

This Advertising & Media Policy establishes content standards applicable to all promotional, advertising, and marketing materials related to products and services offered through the CAKTO platform. Its purpose is to ensure accuracy, transparency, and compliance with applicable advertising, consumer protection, and regulatory laws, including standards comparable to those enforced by the Federal Trade Commission (FTC) and equivalent authorities in other jurisdictions.

This Policy applies to all Sellers, Content Providers, and Affiliates that promote products or services made available through the Platform, regardless of the marketing channel used, including but not limited to websites, landing pages, email marketing, social media, testimonials, endorsements, influencer campaigns, artificial intelligence–generated content, audio, video, and any other form of media or promotional communication.

For the purposes of this Policy, references to “CAKTO”, “we”, “us”, or “our” refer exclusively to Cakto Commerce OÜ, a company duly incorporated under the laws of the Republic of Estonia, which acts as the Merchant of Record for international transactions conducted through the Platform.

Promotional, advertising, and marketing materials are created, published, and disseminated solely by Sellers, Content Providers, or Affiliates, who remain fully responsible for the content, claims, representations, and marketing practices adopted. Cakto Commerce OÜ does not review, endorse, approve, certify, or validate any product, service, statement, opinion, or promotional practice implemented by such parties.

1. GENERAL RESPONSIBILITIES 

All Sellers and Affiliates are responsible for ensuring that their promotional, advertising, and marketing activities comply with this Advertising & Media Policy and all applicable laws and regulations. This responsibility includes, but is not limited to, the use of accurate, truthful, and non-deceptive claims, proper and clear disclosures, and exclusively authorized content.

Cakto Commerce OÜ (“CAKTO”) reserves the right, at its sole discretion, to request, review, and evaluate any promotional materials at any time, whether prior to or during their use. This includes, without limitation, advertisements, landing pages, sales pages, emails, testimonials, affiliate tools, scripts, creatives, or automated marketing systems. When requested, such materials must be submitted and, where required by CAKTO, expressly approved before being published or made available. Failure to comply with this requirement may result in the immediate suspension of advertising privileges, restriction of account features, withholding of funds, or other measures deemed appropriate.

Where prior approval is required, promotional materials must not be modified, edited, or adapted after approval without resubmission for a new review and express authorization by CAKTO.

All promotional materials must clearly reflect the applicable brand name or logo, include a clear and transparent call to action, use readable contrast, and maintain professional standards of visual quality, accuracy, and presentation.

Sellers and Affiliates represent and warrant that they are the lawful owners of, or hold valid licenses or authorizations for, all content used in their promotional activities, including but not limited to images, videos, audio, scripts, testimonials, trademarks, and descriptions. CAKTO may request evidence of such rights at any time.

Sellers and Affiliates are fully and exclusively responsible for the content they create, publish, or distribute and must not publish or disseminate materials that are infringing, misleading, deceptive, unlawful, or not expressly approved, whether within or outside the CAKTO platform.

Sellers and Affiliates must comply with all applicable laws and regulations, including, without limitation:
(i) advertising and endorsement laws and guidelines equivalent to the FTC Act and FTC Endorsement Guides;
(ii) anti-spam and electronic communications laws equivalent to the CAN-SPAM Act;
(iii) telemarketing and consumer contact regulations equivalent to TCPA and Do Not Call laws;
(iv) consumer protection, unfair competition, and right of publicity laws; and
(v) any other applicable federal, state, local, or international laws, regulations, or rules related to marketing, advertising, or communications.

2. CONTENT STANDARDS

All Sellers and Affiliates must ensure that any promotional, advertising, or marketing content used in connection with Products offered through the CAKTO platform complies with the content standards set forth in this Policy. Promotional materials include, without limitation, advertisements, banners, landing pages, sales pages, email campaigns, video scripts, affiliate tools, testimonials, and other marketing creatives.

PERMITTED CONTENT

The following content is permitted, provided it is accurate, truthful, verifiable, and not misleading:

• Documented historical performance data, such as past affiliate earnings or sales figures, provided that clear disclosures are made regarding the relevant niche, timeframe, and source account when the data does not represent general performance.
Example:

“Over the past 4 months, affiliates promoting this product in the personal development niche earned an average of €420 per month, based on data from Seller Alpha’s account. Individual results may vary.”

• Affiliate promotional tools, including banners and email templates, that comply with this Policy.

• Product pricing information, including front-end and upsell pricing, to assist Affiliates in evaluating commission potential.
Example:

“This product is priced at €27.00, with an optional upsell of €12.00, increasing the average transaction value and commission potential.”

• Commission payout statements, such as “Earn up to $XX per sale,” provided that such figures accurately reflect the commission structure configured on the platform.
Example:

“Earn up to €35 per sale, based on the current commission setup.”

• Scarcity or urgency messaging, only where based on genuine limitations, such as fixed expiration dates or verifiable inventory limits.
Example:

“Offer valid until March 15, 2026, or while 150 licenses remain available.”

• Testimonials and endorsements, provided they comply with applicable advertising laws and endorsement guidelines, reflect genuine experiences, and can be substantiated upon request.
Example:

“Verified customer testimonial: ‘I purchased this product two months ago and it exceeded my expectations.’ — Laura M., Toronto”

PROHIBITED CONTENT

The following content is strictly prohibited in any promotional material related to CAKTO:

• Unauthorized use of corporate or third-party trademarks, logos, or branding, including CAKTO’s, without prior written authorization.

• False, misleading, exaggerated, or unverifiable claims, including superlative claims such as “#1 product,” “best in the world,” or similar statements without objective substantiation.

• Fabricated, unverified, or fictitious testimonials, endorsements, or reviews.

• Use of names, images, voices, likenesses, or identities of celebrities, professionals, or public figures without express authorization.

• Adult or sexually explicit content, including nudity or sexually suggestive language or imagery.

• False, exaggerated, or unrealistic income, earnings, or financial performance claims.

• Disclosure of specific performance metrics such as EPC (earnings per click), conversion rates, refund rates, or account-level revenue figures.

• Artificial or deceptive scarcity tactics, including false countdown timers or fabricated urgency.

• “As seen on” or media endorsement claims without documented proof.

• Blind offers or vague promotions that fail to clearly explain the product, service, or method being offered.

• Videos or media that restrict a viewer’s ability to pause, exit, or understand what is being sold.

• References to illegal activities, hate speech, violence, or unsafe behavior.

• Upsell or down-sell flows that do not include a clear and easily visible rejection option (e.g., “No, thanks”).

• Scripts or media using fictional characters, fabricated life stories, or unrealistic portrayals of effort versus results.

• Promotions involving gambling, alcohol, hacking, deceptive investments, or medical claims without substantiated evidence.

• Distracting or irrelevant animations or visual effects that mislead or confuse the consumer.

• Promotion of affiliate bonuses, incentives, prizes, or commission structures not officially supported or enabled by CAKTO.

• Expert endorsements without verifiable credentials, evaluations, or documented authorization.

• False pricing comparisons or fictitious “original” prices.

• Vulgar, offensive, degrading, or abusive language or depictions toward people or animals.

SCRIPT & VIDEO SUBMISSIONS

Upon request by CAKTO, Sellers must submit the full script and final version of any promotional video or audiovisual content. CAKTO reserves the right to reject, restrict, or remove any content that has not been reviewed or that violates this Policy.

AFFILIATE BONUS OFFER DISCLAIMER

Any affiliate page or material promoting bonuses, contests, or incentives must include the following disclaimer:

“This bonus offer has been created solely by the applicable Seller and not by CAKTO. CAKTO is not responsible for any content, representations, incentives, projected results, or third-party links included in this offer. Accessing any third-party website is done at your own risk.”

EMAIL MARKETING REQUIREMENTS

All marketing emails must:

• Include CAKTO’s business address;
• Contain a functional unsubscribe mechanism; and
• Comply with all applicable anti-spam and data protection laws.

Each email must include the following disclaimer:

“This message was prepared solely by the applicable Seller. CAKTO assumes no responsibility for its content, claims, or representations, nor for any third-party links included herein.”

SMS AND TELEMARKETING

SMS, MMS, or telemarketing campaigns are prohibited unless expressly authorized by CAKTO. If authorized, Sellers and Affiliates must obtain prior express written consent and comply with all applicable telemarketing and consumer protection laws.

ENDORSEMENTS AND TESTIMONIALS

All endorsements and testimonials must:

• Reflect genuine experiences;
• Be truthful and substantiated;
• Clearly disclose any material connection or compensation; and
• Comply with applicable advertising and endorsement laws.

USE OF CAKTO BRAND

Sellers and Affiliates may not imply endorsement, certification, or approval by CAKTO, nor use CAKTO’s name, logo, or trademarks without prior written authorization.

SYNTHETIC AND AI-GENERATED MEDIA

Any use of synthetic media or AI-generated content must be clearly disclosed. The use of real persons’ likenesses, voices, or identities requires documented consent. CAKTO reserves the right to require prior submission and approval of such content.

Unauthorized or misleading use of AI-generated or synthetic media may result in immediate removal, account suspension or termination, retention of funds, and legal action, including claims for damages and indemnification.

3. REPORTING, ENFORCEMENT, AND PENALTIES 

Sellers, Affiliates, users, or third parties may report suspected violations of this Advertising & Media Policy through CAKTO’s designated reporting channels, including the reporting form available on the Platform or by sending an email to denuncias@cakto.com.br.

Upon receiving and reviewing a report, CAKTO may take any action it deems appropriate, at its sole discretion, including but not limited to:

• Removal or disabling of access to non-compliant content or Product listings;

• Suspension, restriction, or permanent termination of the Seller or Affiliate account;

• Withholding, blocking, or forfeiture of current and future payments;

• Notification of affected partners, platforms, payment processors, or competent authorities; and

• Initiation of legal proceedings, enforcement of indemnification rights, or other remedies available under applicable law or contractual agreements.

The adoption of any enforcement measure by CAKTO does not limit or waive its right to pursue additional remedies, whether judicial or extrajudicial, as permitted by law.

4. INDEMNIFICATION 

Sellers and Affiliates agree to fully defend, indemnify, and hold harmless Cakto Commerce OÜ, its affiliates, officers, directors, employees, partners, and service providers from and against any and all claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any unauthorized endorsement, testimonial, expert opinion, or use of synthetic, AI-generated, or deepfake content;

• Any violation of intellectual property rights, image rights, publicity rights, or third-party proprietary rights;

• Any misleading, false, or unlawful advertising or promotional practice;

• Any violation of data protection, privacy, consumer protection, or advertising laws; and

• Any misuse of the Platform or breach of this Advertising & Media Policy, the Acceptable Use Policy, or other applicable agreements.

This indemnification obligation shall survive the suspension or termination of the Seller’s or Affiliate’s account and the termination of any contractual relationship with CAKTO.

5. MISCELLANEOUS 

POLICY UPDATES

CAKTO reserves the right to amend, modify, add to, or remove provisions of this Advertising & Media Policy at any time, at its sole discretion. Continued use of the Platform following the publication of any changes constitutes acceptance of the then-current version of the Policy.

CONTENT AND AD REMOVAL

CAKTO may reject, suspend, or remove any advertisement, listing, or promotional material at any time and for any reason, including suspected or actual violations of this Policy, without prior notice or liability.

REFERENCE TO ACCEPTABLE USE POLICY

This Advertising & Media Policy must be read in conjunction with CAKTO’s Acceptable Use Policy (AUP), which establishes additional restrictions applicable to content, services, and product listings.

COMPLAINTS AND LEGAL NOTICES

Sellers and Affiliates must notify CAKTO within twenty-four (24) hours of receiving any complaint, legal notice, regulatory inquiry, or third-party claim related to their advertisements, promotions, or marketing materials.