These Terms and Conditions, when read together with the Affiliate Sign Up Form and any other guidelines or additional terms we provide to the Affiliate by means of e-mail or our Website, and, as the case may be, a legal agreement signed by both parties, represent the full terms of the co-operation between the Operator and the Affiliate with respect to the Affiliate Program.
We reserve the right to change these Terms and Conditions at any time. The Affiliate partner will be considered as notified of any change to our Terms and Conditions when a new Terms & Conditions version is published online at the [email protected]
The current version of our Terms and Conditions is valid and effective as of the date specified above, and will remain valid and effective until replaced with a new version. It is the Affiliate partner's sole responsibility to regularly review and acknowledge the most up-to-date version of our Terms and Conditions by visiting the Terms and Conditions page of our Website. Affiliates may be notified of a change of the Terms and Conditions by e-mail, at our discretion. The Affiliate’s continued participation in the Affiliate Program following the publication of an updated Terms and Conditions version is deemed as their binding acceptance of the latest Terms and Conditions version.
Capitalised terms used in the Terms and Conditions are to be understood and interpreted as defined in section 2 (“Definitions”) hereof.
Definitions and interpretation
In these Terms and Conditions, references to the following terms are interpreted as defined in this section (2.1 “Definitions and interpretation”):
“Account” means a uniquely assigned account that is created by the Operator for a Player when said Player successfully registers for the Services of the Operator via a Referral link and makes an initial deposit of account credit.
“Agreement” is the legal framework upon which the Affiliate’s participation in the Affiliate Program is based, and which is constituted by (i) the Affiliate Sign Up Form, (ii) these Terms and Conditions, (iii) other guidelines or additional terms which we may provide to the Affiliate by means of e-mail or our Website, and/or (iv) as the case may be, a legal agreement signed by both parties, which may set out further specific terms governing the Affiliate’s participation in the Affiliate Program.
“Affiliate”, “you” and/or “your” refer to the individual or legal entity registered with our Affiliate Program by means of an Affiliate Sign Up Form on our Website.
“Affiliate Account” is the uniquely assigned account created by the Operator for an Affiliate upon their/its registration with the Operator’s Affiliate Program.
“Affiliate Commission” is the amount payable to the Affiliate, calculated in accordance with the Agreement and the commissions and payments terms set forth on the Website (as may be changed at any time, by us, at our sole discretion), and pursuant to the data logged in our system.
“Affiliate Panel” means the password-protected area of the Website that is accessible to the Affiliate (by logging in with the email address and associated password linked to the Affiliate’s account), and which provides certain ‘member only’ functionality, including facilities to check relevant statistics, update the Affiliate profile, and select Banners and/or Text Links.
“Affiliate Program” is the Operator’s affiliate marketing program, available through the Website, which allows the Affiliate to market and advertise the Operator’s Services and/or the Website under the terms of the Agreement, thereby earning Affiliate Commissions.
“Customer” is any subject, person or legal entity addressed by the Affiliate in any way and by any means within the scope of the Agreement.
“Fraud Traffic” is any act, omission or circumstance defined as such in these Terms and Conditions, particularly, but not exclusively, those as defined in Section 3.5 (n) and/or 3.7 hereof, and also any act or circumstance defined as such in the Agreement, including any unauthorized use of copyrights or trademarks, or any other infringement of third party intellectual property rights (which, for the avoidance of doubt, includes our intellectual property rights); Fraud Traffic encompasses any fraudulent Accounts and any activities of Referred Players resulting in a chargeback higher than 5% of the Referred Player’s total deposits, irrespective of whether this is carried out by means of a single or multiple chargebacks.
“Marketing Materials” means banners and text links (which include Referral links made available by us on the Affiliate Panel, which may be used by the Affiliate to refer Customers to our Services and/or Website from said Affiliate’s website), and any other marketing materials (which may include Our Marks) that have been provided or otherwise made available to the Affiliate by us and/or pre-approved by us.
“Operator” is the company Kootac Trading Limited, incorporated under the laws of Malta, with registration number C 60661, whose registered office is at 30, Kenilworth, Flat 3, Sir Augustus Bartolo, Ta’ Xbiex, Malta.
“Our Marks” means the words “PlayEuroLotto”, and/or any logo, mark, domain name or trade name which contains, is confusingly similar to, or is comprised of the PlayEuroLotto name and mark or any other name or mark owned at any time by us.
“Player(s)” means any Customer who has, through the Affiliate’s Referral link, successfully registered on the Website, who holds an active Account and who has not held an Account with us before.
“Services” means any product or service provided to Players via the Website.
“Spam” means any email or other electronic communication which you send to Customers in order to market, promote, advertise, or otherwise refer to us, the Website, or the Services in any form and manner, or which contains any Marketing Materials, Our Marks or trackers, and which is incompliant with these Terms and Conditions, in particular with our Electronic Marketing Rules as set forth in Section 5.
“Referral link” means a unique hyperlink or other linking tool for referrals to our Website and/or Services through which you refer Customers. When the Customer registers on the Website by means of your Referral link, our system automatically logs the Referral link and records you as the corresponding Affiliate.
“Website(s)” the internet portal of the Operator, which is available at PlayEuroLotto.com, and any subdomains (*.playeurolotto.com) or top-level domains operated by the Operator or its group company, or any URL notified by us to the Affiliate as having replaced the current Website.
Terms & conditions
Identity and Disclosure — The Affiliate confirms by accepting these Terms and Conditions that its identification data, as provided via the Affiliate Sign Up Form or at any time thereafter, are correct, complete, valid and accurate. The Affiliate is obligated to update its identification data as registered on the Website immediately in the event of any change which renders said data inaccurate. The Affiliate must provide us with other information as we may reasonably request from time to time.
Marketing Activities and Responsibilities — The Affiliate agrees to market and advertise the Services and/or the Website to the best of its abilities, and to refer Customers to the Website. Each and every Marketing Material, advertisement or any other item or activity which markets us, the Services and/or the Website must be, with regards to, but not limited to, its form, appearance and placement, in compliance with the Agreement, especially taking into account any laws and regulations relevant especially to advertisement, marketing of gambling, gaming products and services, data protection and anti-money laundering.
Data protection — Unless confirmation of data processing consent is given to the Affiliate by the Customer and/or Player, the Affiliate may not process personal data of Customers (natural personas) and/or Players. If at any time the Affiliate processes personal data of Customers and/or Players within the scope of the Agreement, they must do so in accordance with all applicable laws and legal regulations concerning data protection.
Approved Marketing Materials — The Agreement permits only the Affiliate to carry out marketing activities within the scope of the Agreement; it does not permit participation by sub-contractors or other parties associated with the Affiliate. In carrying out your marketing activities, you may only use the Marketing Materials, as provided by us. You may not modify the Marketing Materials or Our Marks in any way without our prior written consent. You may only use the Marketing Materials in accordance with the Agreement and any applicable laws. During the term of the Agreement, we grant you a terminable, non-exclusive, non-transferable right to use the Marketing Materials for the sole purpose of fulfilling the scope of the Agreement.The Operator may at any time notify the Affiliate that any Marketing Material, advertisement or any other Operator-related affiliate marketing collateral used by the Affiliate is incompliant with the Agreement. Such notification is decisive and binds the Affiliate, upon its delivery to the Affiliate by any means the Operator deems appropriate; in which case the Affiliate must withdraw and make unavailable such incompliant Marketing Material, advertisement or other Operator-related marketing collateral, and must cease further distribution of such via electronic communication channels, effective immediately.
The Affiliate may not and may not authorize, assist or encourage any third party to:
- Develop and/or implement marketing and/or public relations strategies which have as their direct or indirect objective the marketing of us, the Website and the Services to underage Customers (less than 18 years of age or such higher age as may apply in the relevant jurisdiction), regardless of the age of majority in the location from which you are marketing.
- Place Marketing Materials on any online site or other medium, where the content and/or material on such online site or medium: (i) infringes any third party’s intellectual property rights; (ii) copies or resembles the Website in whole or in part; (iii) disparages us or otherwise damages our goodwill or reputation in any way; or (iv) frames any part or content of the Website in whole or in part.
- Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person
- In any way alter, redirect or interfere with the operation or accessibility of the Website.
- Register as a Player on behalf of any third party, or authorize or assist (except by properly promoting the Website and Services in accordance with these Terms and Conditions) any other person to register as a Player.
- Take any action that could reasonably cause any Customer to be confused as to our relationship with you or any third party, or as to the ownership or operation of the Website or Services on which any functions or transactions are occurring.
- Post, serve or publish any advertisements, communications or promotional content promoting the Website, our Services or Our Marks in conjunction with the display of the Website and/or any part or page thereof (for example, although without limitation, through any “framing” technique or technology, pop-up windows, pop-under windows or interstitial).
- Cause the Website (or any parts or pages thereof) to open in a visitor’s browser or anywhere else used for accessing the Services for any reason other than as a result of the visitor knowingly clicking on banners or text links contained in or as part of any Marketing Materials.
- Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in our Affiliate Program.
- Use any means to promote sites which resemble in any way the look and/or feel of the Website whether in whole or in part, nor utilize any such means or site to create the impression that such sites are the Website (or any part of the Website).
- Attempt to communicate to Customers and/or Players, whether directly or indirectly, to solicit them to move to any online site not owned by us or for other purposes without our prior approval.
- Modify the Marketing Materials or Our Marks in any way without our prior written consent.
- Open an Account via your Referral Link and deposit funds by illegal means, or in bad faith with the intention to artificially create or increase Affiliate Commissions or to defraud us (as determined by us at our sole discretion), regardless of whether or not it actually causes us harm; this includes depositing of third parties’ funds (stolen credit cards, collusion, manipulation of the service or system, bonuses or other promotional abuse, and unauthorized use of any third party accounts).
- Encourage Customers and/or Players to deposit funds into their Account or use such deposited funds within any period of time.
- Process personal data relevant to the Agreement in violation of any applicable law or legal regulation.
- Violate or circumvent the applicable Maltese law and/or laws of the United Kingdom of Great Britain and Northern Ireland (“UK”), regulations or guidelines.
- Send any communication and/or place Marketing Materials, any adverts or any marketing collateral relating to us, the Website and/or the Services in any language other than English.
- Distribute or place the Referral link in connection with any sexually explicit materials, materials promoting violence, discrimination, illegal activities, materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, other unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable materials.
- Distribute or place the Referral link, together or in any way in connection with any software downloads that could potentially introduce any form of viruses, malware or any other kind of unwanted software affecting the Customer’s or the Operator’s hardware, software of any part or component thereof.
Competitive Marketing — You may not market the Services and/or the Website to Customers on any Internet site and/or any Internet search engine on which the Operator has placed its advertisements or other means of promoting the Website, and/or in any other manner competing with us in relation to promotion of the Services and the Website.
Commercial Use Only — This marketing opportunity is for commercial use only. You shall not register as a Player, or make deposits to any Account (directly or indirectly) through your Referral link(s) for your own personal use and/or the use of your relatives, friends, employees, servants, agents or advisors, or otherwise attempt to artificially or fraudulently increase your Affiliate Commissions or to defraud us. Violation of this provision shall be deemed to be Fraud Traffic.
Player Information — We reserve the right to refuse the Services to any Customer and/or Player and to close any Account, at any time, at our sole discretion. All data relating to the Customers and Players shall, as between you and us, remain our exclusive property, and you acquire no right to such information except pursuant to our express written instructions.
Trademarks and Domain Names — You acknowledge that the Operator and/or its affiliates and licensees own all intellectual property rights pertaining to any and all of the Marketing Materials, the Website and Our Marks. Any use of any trade mark, domain name or trade name which contains, is confusingly similar to, or is comprised of Our Marks (other than in accordance with the terms of this Agreement) without our prior written permission is not permitted, and further, may constitute Fraud Traffic. By way of example, but without limitation, you may not register or use any of Our Marks in any part of any domain name. You agree that all usage by you of Our Marks inures to our sole benefit and that you will not obtain any rights in Our Marks as a result of such use. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to, or are comprised of Our Marks, and you hereby agree to transfer any such registration obtained by you to us upon demand and without limitation. You further agree not to contest ownership of and title to Our Marks in any way.
Provision of Information — You provide to us immediately upon our request any information as we may reasonably require in order to comply with our obligations to report information and fulfil other commitments to relevant authorities.
Reports & payments
Reports — We will track and report Player activity for the purpose of calculating your Affiliate Commissions. The form, content and frequency of the reports may vary from time to time, at our sole discretion. Generally, you will receive a monthly report with your payment, indicating the total amount payable to you after any deductions, holdback or set offs that we are entitled to make. In addition, daily reports will be available online, allowing you to view information pertaining to the acquisition of new Players via your Referral link.
Affiliate Commissions — Affiliate Commissions are calculated (i) based on the amount of funds deposited by Players who are recognized to have been registered with the Website via your Referral link (Revenue Share), or (ii) based on the number of Players, recognized to have been registered on the Website via your Referral link (Commission per acquisition), or (iii) a combination of (i) and (ii).
The Revenue Share Affiliate Commission model is calculated as a percentage, which will be published by the Operator in the Affiliate Commission related section of the Website, based the amount of funds deposited by referred Players into their Accounts. The Affiliate Commission is payable to the Affiliate as long as the following conditions are met:
- At least 60 new Players register on the Website via your Referral link during a period of 3 consecutive calendar months.
- The Players use at least 60% of their funds deposited onto their Account within a period of 3 calendar months starting from the day upon which they made their deposit of funds into their Account.
The Commission per Acquisition Affiliate Commission model is calculated as a one-time flat fee for each Player referred, published by the Operator in the Affiliate Commission related section of the Website. Such Affiliate Commission is payable to the Affiliate if the Players use at least 60% of the funds deposited onto their Account within a period of 3 calendar months starting from the day upon which they made their initial deposit of funds into their Account.
The percentage and flat fee for calculating the Affiliate Commission decreases in the second and third year of the Player’s registration by 50%, in each case compared with the preceding year. During the following years, the percentage and the flat fee remain unchanged in comparison to the amounts applicable in the third year.
Unless otherwise agreed, and subject to the terms of the Agreement and your full compliance with your obligations thereunder, Affiliate Commissions accrued in any calendar month will be paid to you, less any deductions, holdback or set offs, by the twentieth day of the following calendar month.
If we determine that you have engaged in any of the acts or omissions outlined in Section 3.5 hereof, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Commissions.
We are not obligated to pay Affiliate Commissions in respect of Players whose identity could not, at our sole discretion, be properly verified, who have not provided sufficient information and/or proof that the Account is held in their name and that funds have been deposited onto their Account from a payment method held in the Player’s name, or who are otherwise involved in Fraud Traffic. In the event that we determine any activity to constitute Fraud Traffic, or to be otherwise incompliant with the Agreement and/or these Terms and Conditions, then at our sole discretion we may: (i) pay the Affiliate Commissions in full, (ii) recalculate the Affiliate Commission in view of such suspected Fraud Traffic and/or (iii) claim back any Affiliate Commission relating in any way to Fraud Traffic and/or (iv) forfeit your future Affiliate Commissions in respect of Fraud Traffic (as appropriate).
Minimum Payment and Time of Payment — If the total amount payable for any calendar month is less than or equal to 100 Euro, the balance will be carried over and added to the next month’s Affiliate Commissions, until the total amount payable, less deductions, holdbacks and set offs, is more than 100 Euro. Further, if the amount payable is negative in any particular month, then that negative amount will be carried over and deducted / set off against future Affiliate Commission.
Holdback — We reserve the right to withhold 10% of each of your Affiliate Commissions for the duration of 6 months from the day the relevant Affiliate Commission has been paid out to you.
Holdback for Fraud Traffic — In addition to the previous provision, we reserve the rights to delay payment of the Affiliate Commissions to you, for the duration of our investigation, which shall generally not be longer than one-hundred-and-eighty (180) days, in the event of us suspecting any Fraud Traffic.
Method of Payment — All payments are payable in Euro or such other currency as we will determine. Payment will be made by wire transfer or any other method as we decide at our sole discretion; however, we will make reasonable endeavours to accommodate your preferred payment method. Charges for transfer of Affiliate Commissions and any currency conversion charges are borne by the Affiliate and deducted from the Affiliate Commissions.
Player Tracking and Active Players — You understand and agree that Players must register onto the Website using your Referral link and make deposits onto their Account in order for you to receive Affiliate Commissions. In no event are we liable for your or a Customer’s / Player’s failure to use the Referral links. Notwithstanding any other provision herein, we may at any time and at our sole discretion alter our tracking system and reporting format.
Disputes — You must report any inconsistencies within the monthly reports or your Affiliate Commission amount to us within 15 days of receiving the relevant monthly report. Until such discrepancies have been settled, we may withhold or claim back any Affiliate Commission. Reports, Affiliate Commissions and/or parts thereof, which remain undisputed over the period of 15 days outlined above are deemed to have been accepted by the Affiliate. The Operator reserves the right to reconcile the Affiliate Commissions within a period of 12 months, and in such cases in which we establish that any overpayment has been made, we may reclaim any such overpayment and/or settle the overpayment using Affiliate Commissions accrued previously or thereafter.
Money Laundering — You shall comply with all applicable laws and any policy notified by us through our Website or otherwise in relation to money laundering and/or the proceeds of crime.
Chargebacks — If a Player requests a chargeback, we may decide (i) to deduct (set off) the amount of Affiliate Commission relevant to such chargeback from the Holdback, (ii) claim back the amount of Affiliate Commission relevant to such chargeback, if the Holdback is insufficient, (iii) deduct (set off) the amount of Affiliate Commission relevant to such chargeback from any future Affiliate Commission and/or (iv) a combination thereof, as appropriate.
Electronic marketing rules
If you plan to promote the Website by means of email marketing, then your email practices must comply, in addition to any other legal requirements as outlined in these Terms and Conditions and/or the Agreement, with the following:
- You have clear and specific consent from the Customer before you send any such communications. The consent must have been given to you by means of an opt-in consent mechanism. Any such tick box must not be pre-populated as a default setting.
- The communication makes it clear that it is marketing the Website and/or the Services.
- If such communication includes any promotional offers (for example, the provision of free tickets to Players) or any promotional competitions or games, then the promotion, competition or game is clearly identified as such, and any conditions which the Player must meet in order to qualify for the promotion, competition or game, is set out clearly and unambiguously in the communication.
- You do not send any such communication to underage persons (less than 18, or higher under applicable jurisdictions).
- You do not use any viral marketing techniques as part of your electronic marketing activities.
- Any such communication only promotes us, our Services and/or the Website (and not any third parties, third party services and/or third party sites), and shall not include any content other than our Marketing Materials.
- In addressing the recipients of your communications you are properly identified by your true name (i.e. in the “From” line of any email), and not as a sales pitch or marketing message. Any such communication must clearly identify you as the sender of the communication, and you shall not attempt to mislead prospective and actual Customers with respect to your identity.
- You do not mislead, neither by action nor omission, the recipient(s) with regard to the content and purpose of the communication, the Website and/or our Services, promotions, or activities.
- You provide an adequate, functioning and conspicuous “opt-out” or “unsubscribe” option in every communication.
- The communication must include a valid link or e-mail address to which the recipient can respond to opt out of/unsubscribe from future marketing communications. The return address must be active for at least thirty days after sending the communication. You also include a physical business address in any such communication.
- You expeditiously honour any opt out/unsubscribe request made by any Customer. You must not send any further marketing communication to any Customer who indicates (by whatever means) that they do not wish to receive any further marketing communication.
- You do not send any such communication to any person who has registered on any applicable register of persons who do not wish to receive any marketing communications.
- You must include the following notice in every email message, text message or mobile communication: “Please note that you have received this email from an affiliate marketer of PlayEuroLotto.com. If you feel you have received this email in error, been misled by this affiliate, or you have made a previous opt-out request which was not honoured by this affiliate, please immediately report the issue by forwarding this entire email message to PlayEuroLotto.com’s SPAM HOTBOX at [email protected]
- Your communication practices must comply with all applicable laws and codes of practice, including, but not limited to: (i) Regulation (EU) 2016/679 of the European Parliament and of the Council on the Protection of Natural Persons with regard to the processing of personal data and on the free movement of such data, and to Directive 2002/58/EC of the European Parliament and of the Council on Privacy and Electronic Communications and any applicable local enactments thereof in relation to electronic marketing in the European Union; and (ii) the United States CAN-SPAM Act of 2003 (Public Law 108-187) in relation to any electronic marketing in the United States.
Marketing Communication in the UK — Notwithstanding any other requirements placed upon the Affiliate’s marketing activities relevant to the Agreement in the UK, marketing communication must not include a child or young person. No-one who is, or seems to be under 25 years old may be featured in gambling marketing. No-one depicted or featured in your communications to people in the UK may behave in an adolescent, juvenile or loutish way. However, the restriction on allowing people who are, or seem to be, under 25 years old (i.e.: those in the 18-24 age bracket) to appear in marketing communications need not be applied:
- In the case of non-remote point of sale advertising material, provided that the images used depict the activity that may be gambled on and not the activity of gambling itself, and that said images do not contravene any other aspect of the applicable law.
- In the case of remote gambling, provided that the images appear in a place where a bet can be placed directly through a transactional facility such as a gambling operator’s own website. In such cases the individual depicted may only be used to illustrate specific betting selections in which they are the subject of the bet offered. The image or other depiction used must show them in their context as the subject of the bet, and not in a gambling context.
Marketing of offers in the UK — Notwithstanding any other requirements placed upon the Affiliate’s marketing activities relevant to the Agreement in the UK, any marketing communications, advertisements, and invitations to purchase our products and/or the Services, including ‘free bet’ offers, do not amount to or involve misleading actions or misleading omissions.
Any marketing activities relating to ‘free bet’, ‘bonus’ or similar offers must state significant limitations and qualifications, as such are available within the relevant content of our Website, where qualifications may clarify but must not contradict the claims that they qualify.
Marketing activities that include a promotion and are significantly limited by time or space (for example banner advertisements) must include as much information as may practicably be included and as is available within the relevant content of our Website, and must direct potential Players clearly to an easily accessible alternative source (for example to the content of our Website relevant to the promotion) where all the significant conditions of the promotion are prominently stated.
The terms relating to the understanding of a ‘free bet’ offer and of the commitments that potential Players have to make in order to take advantage of such an offer should generally be stated in the advertisement itself. Where the advertisement is limited by time or space (for example a banner advertisement), significant conditions which are available within the relevant content of our Website and are likely to affect a potential Player’s decision to participate in promotions should be displayed no further than one click away from the advertisement itself, otherwise the advertisement will be seen as misleading.
No advertising or other marketing information, whether relating to specific offers, promotions, or to us, the Website and/or the Services may appear on any primary web page/screen or micro site that provides advice or information on responsible gambling.
Term and termination
Term and Termination — The Affiliate is bound by the Agreement as of the day the Affiliate submits the Affiliate Sign Up Form on the Website and accepts these Terms and Conditions, and continues thus until the Agreement is terminated in accordance with its own terms. Except where agreed otherwise, entering into the legal agreement, which may set out further specific terms of the Affiliate’s participation in the Affiliate Program, has no effect on the rights and duties of the Parties involved until the signing thereof.
Termination By You — You may terminate this Agreement, with or without cause, immediately upon written notice to us. You may, additionally, cease marketing the Website at any time.
Termination By Us — We may terminate the Agreement, with or without cause, upon thirty (30) days written notice delivered to you.
Additionally, we may terminate the Agreement immediately, with or without notice, if:
- You commit a material breach of the Agreement, which is in particular, but not limited to, any violation of Section 3.2 and/or the Electronic Marketing provisions hereof. We may, at our sole discretion provide you with reasonable time, not exceeding fifteen (15) days, to cure such breach according to our requirements.
- Your marketing activities, the placement or appearance of any of your adverts or communications using our Marketing Materials, or otherwise referring to us, to the Website and/or to our Services are incompliant with any applicable law or regulation as outlined in these Terms and Conditions and/or the Agreement.
- Your marketing activities and/or communications may put any of our business/operating licenses at risk, may endanger our reputation and/or incur any damage to us.
- We suspect your marketing activities create Fraudulent Traffic.
- At least 60 new Players do not register on the Website via your Referral link during a period of 3 consecutive calendar months.
- The Players do not use at least 60% of their funds deposited onto their Account within a period of 3 calendar months starting from the day upon which they made their deposit of funds into their Account.
- The total balance of Affiliate Commissions payable to you, less deductions, holdbacks or set offs, is less than 50 Euro for six (6) consecutive calendar months.
- The Affiliate is the subject of voluntary or compulsory liquidation or bankruptcy.
- Any changes to the law occur preventing the Operator from fulfilling its obligations pursuant to the Agreement.
Effect of Termination — Upon any termination of the Agreement: (a) you shall immediately cease any further promotion of us, the Website and/or the Services, deactivate any manual or automatic outgoing communication, delete all Marketing Materials, adverts and other references to us, our Website and/or the Services, (b) you shall cease using or taking advantage of any rights and licenses given to you under this Agreement; (c) you shall immediately return all confidential information and cease using any of Our Marks and the Marketing Materials; (d) we may leave open, redirect or deactivate any Referral links at our sole discretion, without any obligation to pay you further Affiliate Commission; (e) no further Affiliate Commission shall accrue after the date of the Agreement’s termination, (f) we will pay you out any Affiliate Commission, accrued prior to the Agreement’s termination, within 30 days thereafter, save for any deductions, holdbacks or set offs made in compliance with the Agreement.
No warranties — We make no warranties or representations (whether express or implied by law, statute or otherwise) with respect to the Affiliate Program, our Website, or any content, products or the Services available thereby or related thereto, or that our Website, system, network, software or hardware (or that provided to us by third parties) will be error-free or uninterrupted, or with respect to the quality, merchantability, fitness for particular purpose or suitability of all or any of the foregoing. Except as expressly stated otherwise in this agreement, all warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law. Furthermore, neither we (nor our providers or underlying vendors) are required to maintain redundant systems, networks, software or hardware.
Billing and Collection Limitations — We may, at our sole discretion, use any available means to block or restrict certain Players, deposits or play patterns, or reject the applications of Customers and/or Affiliates so as to reduce the number of fraudulent, unprofitable transactions, or for any other reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.
Liability Limitations — Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Website or the Services. Other than as expressly provided in these Terms and Conditions and/or the Agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under these Terms and Conditions and/or the Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the lower of (i) the revenues generated and payable hereunder over the twelve months previous the event giving rise to the liability, or (ii) a total amount of 500 Euro. However, nothing in this Agreement will operate to exclude or limit either party’s liability for death or personal injury arising as a result of that party’s negligence or for fraud.
Indemnification — You shall defend, indemnify and hold us and our officers, directors, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising from your breach of the Agreement.
Set off — Without prejudice to any other rights or remedies available to us under this Agreement or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any Affiliate Commissions, in cases of liability of you to us, including any claims we have against you resulting from or arising from your breach of this Agreement.
Independent investigation — You warrant that you have independently evaluated the desirability of the Website’s or the Services’ marketing.
Notices — All notices pertaining to the Agreement will be given by email as follows: to you at the email address last registered with your Affiliate Account, and to us at [email protected] Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent by the recipient or 24 hours after the time of transmission.
Relationship of Parties — There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including by the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
Non-Exclusive — You understand that we may at any time (directly or indirectly) enter into marketing terms with other Affiliates on the same or different terms as those provided to you by the Agreement, and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from the Website to any other online site that we deem appropriate at our sole discretion, without any additional compensation to you.
Confidentiality and Non-Disclosure — As an Affiliate, you may receive confidential information from us, including confidential information concerning our marketing plans, marketing concepts, structure, payments, and contents of the Agreement which are not publicly available, any information relating to Customers or Players including their personal data, irrespective of whether such were received based on a Customer’s or Player’s consent given to you or to us. This information is confidential to us and constitutes our proprietary trade secrets. You shall not disclose this information to third parties or use such information for any reason other than for the purposes of this Agreement without our prior written consent, save as expressly required by law (provided that any such disclosure is only to the required extent).
Press — You may not issue any press release or other communication to the public with respect to this Agreement, Our Marks, or your participation in this Affiliate Program without our prior written consent, except as required by law or by any legal or regulatory authority.
Assignment — Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license, transfer or deal in any other manner with this Agreement or any rights or obligations under this Agreement, or sub-contract any or all of your obligations under this Agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee. Referral links are for your sole use and may not be assigned, transferred or otherwise made available to others for further use without our prior written consent.
Governing Law — These Terms and Conditions and the Agreement is to be governed by and construed in accordance with the laws of Malta without giving effect to conflicts of law principles. However, as outlined above, applicable UK laws, and other applicable regulations of the relevant UK authorities apply to all your marketing activities and communication with respect to UK based Players and/or UK based Customers. You irrevocably agree to submit, for the benefit of us, to the exclusive jurisdiction of the courts of Malta, for the settlement of any claim, dispute or matter arising out of or concerning this Agreement or its enforceability, and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
All Marketing Materials, advertisements or any other Operator related referrals made available to Customers and/or Players must be compliant with all applicable Maltese laws and regulations and other relevant terms outlined by the competent authority (MGA). Additionally, all Marketing Materials, advertisements or any other Operator related referrals made available to Customers and Players in the UK must be in compliance with all applicable laws and regulations of the UK and other relevant terms outlined by the competent authority (UKGC).
Severability — Whenever possible, each provision of this Agreement will 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 hereof.
Entire Agreement — The Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior agreement or understanding between the parties in relation to such subject matter. Each of the parties acknowledges and agrees that in entering into the Agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in this Section shall limit or exclude any liability for fraud. The Agreement is effective as of the date when the Affiliate has submitted his Affiliate Sign Up Form on the Website and accepted these Terms and Conditions. The entering into the mutual agreement between the Affiliate and the Operator by which they further specifying certain terms of their joint co-operation has no effect on the Agreement’s (the Affiliates participation in the Affiliate Program) validity and effectiveness.
Third Party Rights — Except insofar as the Agreement expressly provides that a third party may in their own right enforce a term of the Agreement, a person who is not a party to the Agreement has no right under applicable law or statute to rely upon or enforce any term of the Agreement. However, this does not affect any right or remedy of a third party which exists or is available apart from under that applicable law or statute.