TERMS AND CONDITIONS
Please read this document carefully before accepting this
To participate in the COMPANY's affiliate network, you must
accept these terms and conditions without modification. If you do not agree
with these terms and conditions (or are not authorized to do so) you should not
join the COMPANY affiliate network. General enquiries should be sent to support@Aff247.com
If you have any questions regarding these terms and
conditions please contact us at the same email address.
1.Definitions and Interpretation
1.1 “COMPANY”,“we”, “our”, “us” means Aff247
affiliate program which provides marketing services to a number of brands
operated by its Group, or, the relevant company in the Group as the case may
be. "You", "your", and/or "affiliate" mean the
individual or entity that has agreed to promote brands supported by COMPANY in
return for bounties and/or commissions on the players that are referred to
COMPANY in accordance with this agreement. "Affiliate account" and
"player account" mean the uniquely assigned accounts created for a
player or affiliate when they successfully register. Affiliate accounts and
player accounts are kept completely separate and their respective login
combinations (username/password) will only work on the sites originally
"Affiliate area" means the area of the
site that is accessible to you (you may need to access some parts of this area
by logging on with the security code you are assigned by us when you sign up as
an affiliate in the affiliate network and associated password) and which
provides certain 'member only' functionality, including facilities to check
relevant statistics, manage campaigns, update your profile, create additional
tracking links, manage tracking links and creative selection.
"AFFILIATE EARNINGS" mean any earnings
that the affiliate accrues from activity on the players they have successfully
referred to COMPANY as qualified acquisitions. Applicable commissions,
bounties, and deficits are used to determine the affiliate earnings.
"Agreement" means these COMPANY
affiliate network terms and conditions, applicable policies and such related
promotion terms and conditions that may apply from time to time. You
acknowledge and agree that COMPANY shall be entitled to amend this agreement
(or any part thereof) from time to time, as it deems fit. The amended agreement
shall take effect upon publication on the sites and affiliate area. COMPANY
may, but shall not be obliged to notify you of such changes and as such, please
check the sites and affiliate area, regularly for revisions.
"Creatives" refer to any COMPANY
approved advertisement materials that can be used to promote COMPANY. These
include but are not limited to banners, html mailers, editorial columns,
images, logos, photos, drawings, sketches, emails, splash pages, web pages,
CD-ROMs, business cards, flyers, pamphlets, brochures, guides, booklets,
inserts, fold-outs, magazines, videos, software, flash movies, podcasts, video
podcasts and microsites.
"Fraud traffic" means transactions,
deposits, withdrawals, revenues or traffic generated on the services through
illegal means or any other action committed in bad faith to defraud us (as
determined by us in our sole discretion), regardless of whether or not it
actually causes us harm, including transactions involving stolen credit/debit
cards, collusion, manipulation of the service or system, bonuses or other
promotional abuse, creation of false accounts for the purpose of generating affiliate
earnings, and unauthorized use of any third-party accounts, copyrights,
trademarks and other third party intellectual property rights (which, for the
avoidance of doubt, includes our intellectual property rights).
"Group" means COMPANY and the related
companies of COMPANY collectively.
"Handle" means a derivative of
turnover, used by COMPANY, to calculate a player's activity on a particular
product; the total money wagered by each player.
"Intellectual property rights" means
rights to all existing and future patents, trademarks, design rights, service
marks, trade dress, trade or business names (including domain names),
registered designs, copyright (including rights in computer software), moral
rights, database rights, format rights and topography rights (whether or not
any of these is or are registered and including applications for registration)
know-how, trade secrets and rights of confidence and all rights and forms of
protection throughout the world of a similar nature or with similar effect to any
of these for the full unexpired period of any such rights and any extensions
and/or renewals thereof.
"Marketing materials" mean the
creatives and any other marketing materials (which may include the marks) that
have been provided or otherwise made available to you by us and/or pre-approved
"Marks" mean "COMPANY’s brand,
logo, device, mark, domain name or trade name that contains, is confusingly
similar to, or is comprised of the foregoing or any other name or mark owned or
adopted from time to time by us or any company within the Group.
"Promotional code" means an
alphanumeric code that is made available to the Affiliate to provide to
"Qualified acquisition" means a player
that has met certain conditions to be considered a true value player. The
criteria for qualification can be configured on a campaign basis.
"Site(s)" mean any websites and any
other online site or platform that is owned, operated or controlled by or on
behalf of COMPANY from time to time.
"Services" mean the service(s) offered
to players on the sites.
"Spam" means any unsolicited email or
other electronic communication that you send.
"Term" means the period from the date
that you acknowledge and accept the terms of this agreement by indicating such
acceptance on the affiliate sign up form, until such time as this agreement
expires or is terminated.
"Tier" means an affiliate's
classification of how many first time depositors he has secured.
"Tracking link(s)" mean tracker IDs
and feeds (RSS), made available by us in the affiliate area and that you may
use to connect players to our services from your website (or other electronic
method) or using other marketing materials for example promotional codes. When
the relevant player opens his or her player account or keys in the applicable
promotional code, our system automatically logs the tracking URL and records
you as the referring affiliate.
1.2 The clause headings are included for
convenience only and shall not affect the interpretation of this agreement.
1.3 Any phrase introduced by the terms
"including", "include" or any similar expression shall be
construed as illustrative and shall not limit the sense of the words prior to
1.4 Any reference to "persons"
includes natural persons, firms, partnerships, companies, corporations,
associations, organizations, governments, states, governmental or state
agencies, foundations and trusts (in each case whether or not having separate
legal personality and irrespective of the jurisdiction in or under the law of
which it was incorporated or exists).
1.5 This agreement is drafted in the English
language. If this agreement is translated into another language, the English
language text shall in any event prevail.
1.6 Any reference to a statute, statutory
provision, ordinance, subordinate legislation, code or guideline
("legislation") is a reference to that legislation and all other
subordinate legislation made under the relevant legislation as amended and in
force from time to time and to any legislation that re-enacts or consolidates
(with or without modification) any such legislation.
2. Signing Up and Registration
2.1 In order to participate in the COMPANY
affiliate network and enjoy the accompanying privileges and benefits, you must
complete the appropriate affiliate sign up form and be registered with us as an
2.2 You represent and undertake that all
information supplied by you when registering and completing the affiliate sign
up form are accurate, true and complete in all respects. You shall also provide
us with such other information as we may reasonably request from time to time.
You acknowledge and agree that inaccurate, incomplete or inadequate information
provided by you may cause the delay or retention of payment of applicable
2.3 It is also your sole responsibility to
ensure that the laws applicable to you do not prohibit you from participating
in the COMPANY affiliate network and performing your obligations hereunder.
2.4 We may require further evidence of
identification to verify your application particulars. If there is any change
to your registration details as originally supplied by you, you shall notify us
of the relevant change without delay. In order to confirm your particulars,
COMPANY reserves the right, inter alia, to confirm your particulars by any
means available to us.
2.5 COMPANY reserves the right, without
liability to you, to reject your application without reference to you or
assigning any reason thereto.
2.6 Employees of COMPANY or its related
corporations, partners, agents, contractors, representatives and suppliers
(including their immediate family members, spouses, partners and housemates)
are not eligible to participate in the COMPANY affiliate network.
2.7 The affiliate program specifically promotes
sites that do not handle gambling by people resident in the United States of
America, Moldova, Malta, Cyprus and Israel; therefore you must ensure that your
site does not target players in these countries.
3. COMPANY Affiliate Obligations
3.1 We grant you the non-exclusive,
non-assignable, right to direct players to the sites in accordance with the
terms and conditions of this agreement.
3.2 You shall ensure (and take adequate and
appropriate measures to ensure) that the players referred by you to us are of
the age of majority to participate in the services and that they shall comply
with the COMPANY general terms and conditions.
3.3 Referrals from affiliates are considered
COMPANY players. The affiliate relinquishes all rights and/or ownership to
these players once referred to COMPANY and these players shall be registered as
COMPANY members before they are considered qualified acquisitions (subject to
any other applicable criteria).
3.4 You will be solely responsible for the
development, operation, and maintenance of your site and for your own materials
that appear on your site. For example, you will be solely responsible for
ensuring that materials posted on your site are not discriminatory, defamatory,
offensive or otherwise illegal. COMPANY disclaims all liability for these
matters. Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, legal fees) arising
directly or indirectly out of the development, operation, maintenance, and
contents of your site.
3.5 The COMPANY affiliate network is intended
for your direct participation. You shall not open affiliate accounts on behalf
of third parties. Opening an affiliate account for third parties, brokering an
affiliate account or the transfer of an affiliate account are prohibited.
Affiliates wishing to transfer an affiliate account to another beneficial
account owner must request in writing, approval from COMPANY. Approval is
solely at COMPANY's discretion.
4. Marketing & Advertisements
4.1 You will only use approved creatives and
will not alter their appearance nor refer to us in any promotional materials
other than those that are available from us.
4.2 We hereby grant to you a non-exclusive,
non-transferable license, during the term of this agreement, to use the marks
and marketing materials solely in connection with the display of the
promotional materials on your site pursuant to this agreement. This license
cannot be sub-licensed, assigned or otherwise transferred by you.
4.3 Your right to use the marks and marketing
materials is limited to and arises only out of this license. You shall not
assert the invalidity, unenforceability, or contest the ownership of the marks
and marketing materials in any action or proceeding of whatever kind or nature,
and shall not take any action that may prejudice our rights in the marks and
marketing materials, render the same generic, or otherwise weaken their
validity or diminish their associated goodwill. You agree that all use by you
of the marks and marketing materials inures to our sole benefit and that you
will not obtain any rights in the marks and marketing materials as a result of
such use. You must notify us immediately if you become aware of the misuse of
the marks and marketing materials by any third party.
4.4 You shall not register or attempt to
register any domain names, trademarks or names that contain, are confusingly
similar to or are comprised of the marks and marketing materials, and you
hereby agree to transfer any such registration obtained by you to us upon
4.5 You shall not purchase or register keywords,
search terms or other identifiers for use in any search engine, portal,
sponsored advertising service or other search or referral service and which are
identical or similar to any of the marks or variations thereof.
4.6 For the avoidance of doubt all intellectual
property rights of COMPANY and the Group shall remain the sole and exclusively
property of the foregoing and you do not gain any rights to the foregoing by
reason of your use of the same.
4.7 All your marketing activities must be
professional, proper and lawful under applicable rules, regulations or laws
(including any laws in relation to the content and nature of any advertising or
marketing) and otherwise comply with the terms of this agreement. You shall not
authorize, procure, assist or encourage any third party to:
4.8 Place the marks and/or marketing materials
on any online site or other medium where the content and/or material on such
website or medium is potentially libelous, malicious, discriminatory, obscene,
unlawful, sexually explicit, pornographic or violent or which is, in our sole
discretion otherwise unsuitable.
4.9 Develop and/or implement marketing and/or
public relations strategies that have as their direct or indirect objective the
targeting of marketing the sites, services or gaming in general to any persons
who are less than 18 years of age (or such applicable age as may apply in the
relevant jurisdiction), regardless of the age of majority in the location you
4.10 Infringe any third party's intellectual
4.11 Disparage us or otherwise damage our
goodwill or reputation in any way.
4.12 Copy or otherwise create a Site that
substantially resembles the "look and feel "of the Sites, or promote
a Site of this nature, whether in whole or in part, nor utilize any such means
or Site to create the impression that such Sites are in fact the Sites (or any
part of such).
4.13 Frame any page of the Site(s) in whole or
4.14 Read, intercept, modify, record, redirect,
interpret, or fill in the contents of any electronic form or other materials
submitted to us by any other person.
4.15 In any way alter, redirect or in any way
interfere with the operation or accessibility of the sites or any page thereof
or otherwise attempt to intercept or redirect (including via user-installed
software) traffic from or on any online site or other place that participates
in the COMPANY affiliate network.
4.16 Take any action that could reasonably cause
any end-user confusion as to our relationship with you or any third party, or
as to the ownership or operation of the sites or services on which any
functions or transactions are occurring.
4.17 Attempt to communicate to players whether
directly or indirectly on our sites to solicit them to move to any online site
not owned by us or for other purposes without our prior approval including but
not limited to via email, chat boards, or spamming our tables.
4.18 Cause a betting pattern of any end-user
that is indicative of abuse of the Aff247 affiliate network and associated
remuneration structure, and in not consistent with the aims of the Aff247
affiliate network and good faith business opportunities offered therein.
4.19 Without prejudice to anything else in this
agreement, if we determine, in our sole discretion, that you have engaged in
any of the foregoing activities, we may (without limiting any other rights or
remedies available to us) withhold any affiliate earnings and/or terminate this
agreement immediately on notice.
4.20 Unless separately agreed otherwise, COMPANY
will not, in any way, promote affiliates.
4.21 For the avoidance of doubt, affiliates are
responsible for all costs associated with their marketing and advertisement
obligations under this agreement.
4.22 Without prejudice to clause 8, we reserve
the right to terminate this agreement with you immediately without liability if
there is any form of spamming originating from you or if you advertise our
services in any other way than in accordance with or permitted by the terms of
4.23 You may only offer bonuses and promotions
to players on the COMPANY’s behalf that are authorized and sanctioned by the
COMPANY, where you have an obligation to ensure that the COMPANY’s
promotion/bonus header and terms and conditions for these bonuses and
promotions use COMPANY’s prescribed wording and are communicated and specified
in any publication of the same on your site, email or other media. Where there
is a discrepancy between the terms communicated in your offering of the bonus
or promotion and the terms specified to you by the COMPANY, then the COMPANY
shall be entitled to recover by way of set off of any commission owed to you or
other means, the loss suffered by the COMPANY as a result of your non- compliance
with the provision of this section 4.12.
5. Affiliate Earnings & Payments
5.1 Please take note that credit shall not be
issued to any affiliate.
5.2 On joining this affiliate program your
account will be set to our default commission of 35% of net revenue subject to
achieving a new Qualified Accounts in any 3 month period where failure to do so
will result in a base commission rate of 25% of net revenue.
5.3 Should you elect to receive CPA instead,
your earnings are per player subject to actual playing for real money after
deposit without chargeback, where withdrawal without playing or
disproportionate chargeback by affiliate's referred players, may at COMPANY's
discretion disqualify entitlement to CPA earnings.
5.4 Your affiliate earnings are personal to you
and you shall have no claim to affiliate earnings or other compensation on
business secured by or through persons or entities other than you. You cannot
withdraw payments for or on behalf of another third party.
5.5 COMPANY reserves the right to change any
affiliate earnings structure (or any part thereof) from time to time, for any
reason it deems fit.
5.6 All affiliate earnings payments will be paid
to your affiliate account designated in your affiliate sign up form in the
currency of our choice. Payment will be made by wire, NETeller, Skrill, or any
other method as we in our sole discretion decide; however, we will use
reasonable endeavors to accommodate your preferred payment method.
5.7 Any charges for conversion, processing and
delivering payment to you will be deducted from your affiliate earnings. For
the avoidance of doubt, we have no liability to pay any currency conversion
charges or any charges associated with the transfer of monies to your
5.8 In the event that we determine any activity
to constitute fraud traffic, or to otherwise be in contravention of this
agreement, then in our sole discretion we may: (i) pay the affiliate earnings
in full, (ii) recalculate them in light of such suspected fraud traffic or
contravention, (iii) delay payment of the affiliate earnings while we
investigate and verify the relevant transactions or (iv) forfeit your affiliate
5.9 If you disagree with the reports or amount
payable, do NOT request or accept payment for such amount and immediately send
us written notice of your dispute. Further, deposit of payment check,
acceptance of payment transfer or acceptance of other payment from us by you
will be deemed full and final settlement. Notwithstanding the foregoing, if any
overpayment is made in the calculation of your affiliate earnings, we reserve
the right to correct such calculation at any time and to reclaim from you any
overpayment made by us to you.
5.10 Payment requests shall be processed on the
10th or 20th of the following month in which the traffic was generated. If we
suspect the terms and conditions have been breached or the occurrence of fraud
traffic, the payment request may be held over for investigation and your
account frozen until we can validate that there has been no breach of these
terms and conditions. If your account remains frozen as a consequence of this
clause 5.9 for a continuous period of 180 days then in the absence of:
satisfactory explanation; or evidence to prove legitimate dealings, funds
remaining in your account will be removed and your account closed.
5.11 You shall comply with all applicable laws
and any policy notified by us through our site or otherwise in relation to
money laundering and/or suspicious transactions.
5.12 All affiliates shall be responsible for
paying such taxes on their affiliate earnings under the laws applicable to
5.13 If you wish to offer any incentives to
potential players, you are required by us to receive prior written approval
before commencing any such activity. In the event that you do not receive such
approval but offer such incentives, we reserve the right to cancel your
participation in the program, and refuse payment of any previously earned, but
5.14 Commission due to Affiliate at the end of
each month can never be negative. All negative amounts will be carried over to
the following months until any net loss is recovered from Net Revenues
generated in those succeeding months.
5.15 Due to strict anti-money laundering
requirements we require one or more forms of documentation to verify your
identity before we can make a first payment out to you. If for a continuous
period of 180 days from our request for this verification documentation, we
have still not received the same from you then the funds remaining in your
account will become dormant. Upon becoming dormant we will issue a warning
advising that the funds remaining in your account will be removed if the
necessary verification document is not received within the following 90 days,
funds remaining in your account will be removed and your account closed.
5.16 In the case of CPA deals, if we do not
receive any traffic for a continuous period of 180 days, your account will
become dormant. We will issue a warning advising that the funds remaining in
your account will be removed and if no new traffic is sent within the following
90 days funds remaining in your account will be removed and your account
5.17 Where the arrangement is based on a Revenue
Share, if no gaming revenue is generated for a continuous period of 180 days,
your account will become dormant. We will issue a warning advising that the
funds remaining in your account will be removed and if no new traffic is sent
within the following 90 days funds remaining in your account will be removed
and your account closed.
5.18 If funds remain in your account for a
continuous period of 60 days with no withdrawals during that time then your
account shall be deemed dormant at which point funds remaining in your account
will be removed. It is the affiliates responsibility to amend or add the
payment method of choice with in the timeframe or the funds will be lost.
5.19 Aff247 will only pay on one CPA per a
player. This means that if you send a player to one brand you will earn the CPA
for the first brand and not any after.
5.20 If an affiliate sends less than 5 CPA
players in a calendar month we will pay these players as rev share at default
35% and not CPA. Aff 24-7 have encountered CPA abuse/Fraud on the low volume
accounts. This rule will apply only to new affiliates in their first 6 months
of sending. Affiliates sending for longer than 6 months this term will not
5.21 The minimum payout to affiliates is 300
Euros. The money will be carried over and paid once the minimum has been
6.1 We will track and report player activity for
purposes of calculating your affiliate earnings. The form and content of the
reports may vary from time to time in our sole discretion. Generally, you can
at your own initiative and timing, generate your own reports regarding the
qualified acquisitions signed up in a particular period and/or the total amount
due to you after any deductions or set offs that we are entitled to make under
this agreement. We hereby exclude any and all liability for the timeliness,
accuracy or completeness of any such reports.
7. Confidential Information
7.1 During the term of this agreement, you may
be entrusted with confidential information relating to our business,
operations, or underlying technology and/or the affiliate program (including,
for example, affiliate earnings earned by you). You shall not disclose or
permit unauthorized use of any such confidential information to third persons
without our prior written consent and you will use the confidential information
only for purposes necessary to further the purposes of this agreement. Your
obligations with respect to confidential information shall survive the
termination of this agreement.
7.2 If necessary, COMPANY reserves the right to
inform a player that they are under an affiliate.
7.3 For compliance with regulatory requirements,
nothing in this agreement shall prohibit or restrict COMPANY from reporting the
details of any affiliate or transaction hereunder to any applicable regulator.
7.4 COMPANY may disclose to third parties
information relating to your agreement with us and other information disclosed
by you to us, to in so far as is necessary for use by i) payment settlement
service providers, data verifiers, marketing and operational service providers
and financial institutions, to the extent necessary for the completion of
payments, online and offline marketing campaigns, facilitate the opening of new
accounts, customer services and fraud prevention for services provided through
our website; ii) to any auditors, contractors or other advisers auditing any of
Aff247 Group's business processes.
8. Term and Termination and Consequences
8.1 This agreement will take effect when you
indicate your acceptance of these terms and conditions on the affiliate sign up
form and continues until terminated in accordance with the terms of this
8.2 You may terminate this agreement, with or
without cause, immediately upon written notice to us. You can send this written
notice via email, with 'Termination' in the subject line, to support@Aff247.com
8.3 We may terminate this agreement, without
cause at any time, upon written notice to you. We may send such written notice
via email to such email address or by fax to such fax number, you have provided
to us in the affiliate sign up form.
8.4 For the avoidance of doubt, termination of
the agreement will automatically end your participation in the entire COMPANY
affiliate network and revocation of all privileges and licenses granted
hereunder. In particular:
8.5 You shall stop promoting the sites and all
rights and licenses given to you under this agreement will terminate
8.6 You shall return all confidential
information and cease use of any of the marks and marketing materials
(including deleting and purging the same from your computer systems).
8.7 Sections 7, 9, 10, 11 and 12.5 and such
other provisions as are necessary for the interpretation or enforcement of this
agreement after termination, shall survive any termination or expiry of this
9.1 You warrant and undertake that:
9.2 You have independently evaluated the
desirability of marketing the sites and services.
9.3 You have independently evaluated the laws
that apply to your activities and believe that you may participate in COMPANY
affiliate network without violating any rules or laws applicable to you.
9.4 You are solely responsible for any and all
activities that occur under the access to and use of the services under your
username, account number, affiliate accounts and password regardless of whether
such access and/or use was authorizedby or known to you or not.
9.5 You shall not upload or distribute any files
or data that contain viruses, corrupted files or data or any other program, files
or data that may affect the operational performance of the services and/or
9.6 You shall not use any device, robot, spider,
software, routine or other method (or anything in the nature of the foregoing)
to interfere or attempt to interfere with the proper functioning of the
services and/or site(s), information or any transactions offered at the
9.7 The players that you refer to COMPANY are of
legal age under the laws that are applicable to them for the purposes of their
use of the services.
9.8 The players that you refer to COMPANY comply
with the COMPANY general terms and conditions as may be modified from time to
9.9 You shall not post or transmit to any other
users, any unlawful, harassing, abusive, threatening, libellous, defamatory,
obscene, indecent, inflammatory, racially or ethnically objectionable,
pornographic or profane material, or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any applicable law.
9.10 You shall not conduct criminal or otherwise
unlawful or unauthorized activities and/or allow your account opened with us to
be used for any criminal or otherwise unlawful activities including, without
limitation, money laundering, under any law applicable to you or us.
9.11 The contents on your website(s) do not
infringe any third party's intellectual property rights.
9.12 The contents and offerings on your website
(including the manner of offering the same) are consistent (and continue to be
consistent) with the COMPANY general terms & conditions as may be modified
from time to time.
9.13 You shall only use the affiliate area,
site, services, marks and marketing materials in accordance with the express
terms of this agreement.
10.1 You shall defend, indemnify, and hold us,
our directors, employees and representatives harmless from and against any and
all liabilities, losses, damages and costs, including legal fees, resulting
from, arising out of, or in any way connected with (a) any breach by you of any
warranty, representation or term contained in this agreement, (b) the
performance of your duties and obligations under this agreement, (c) your
negligence, (d) fraud traffic attributable to your or your referred player or
(e) any injury caused directly or indirectly by your negligent or intentional
acts or omissions, or the unauthorized use of the affiliate area, sites,
services, marks, marketing materials and generally the COMPANY affiliate
10.2 If you are in breach of the above Rake-Back
prohibition as set out in section 9.1.13 above, then, without limiting, and in
addition to, any other remedy that we may have under these terms and conditions
and agreement with you, or applicable law, we may, in our discretion, send a
warning notice to you. If you do not rectify any breach capable of repair
within the time prescribed in our notice, then you will pay us a sum in
compensation for the breach, which we may assess, at our sole and absolute
discretion based on the type and scope of the breach and the damage caused in
the amount of up to US$30,000. You acknowledge that any such compensation
assessed by us will be our reasonable estimate of the damage likely to be
caused to the network for the Operator's breach.
10.3 In each event of breach or non-compliance,
in addition to any other remedy that we may have under these terms and
conditions or applicable law, including its right to compensation as described
above, we shall also have the right, at any time, to seek damages from you for
any new or continuing violation of any of the above provisions and to terminate
your affiliate agreement with us.
11. Disclaimers and Limitation of Liability
11.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS
(WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE
AFFILIATE NETWORK, OUR SITES, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE
THEREIN OR RELATED THERETO OR THAT OUR SITES, 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 SYSTEM(S), NETWORK, SOFTWARE OR
11.2 We may, in our sole discretion, use any
available means to block, restrict, remove or discount from your tracker
certain players, deposits or play patterns or reject the applications of
potential players and/or affiliates so as to reduce the number of fraudulent,
unprofitable transactions for any reason. We do not guarantee, represent or
warrant the consistent application and/or success of any fraud prevention.
11.3 Our obligations under this agreement do not
constitute personal obligations of the owners, directors, officers, advisers,
agents, representatives, employees, vendors or suppliers of the site or
services other than as provided under this agreement. Other than as expressly
provided in this 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 this 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, in aggregate, the revenues generated
and payable to you in relation to the site(s) that the dispute relates to over
the previous 12 months at the time that the event giving rise to the liability
arose. 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.
11.4 All promotions can only be claimed once per
person, household, family, household address, email address, credit card
number, or shared computer environment such as a library, workplace,
fraternity, university or school.
11.5 COMPANY does not accept liability for the
content or accuracy of external websites.
12.1 All notices pertaining to this agreement
will be given by email address (or such other contact address) provided by you
in the affiliate sign up form (or as subsequently updated by you to us in the
event of change), and to us and if unsatisfied with the response then to
claims. Any notice sent by email shall be deemed received on the earlier of an
acknowledgement being sent or twenty-four (24) hours from the time of
12.2 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 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.
12.3 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 in this agreement and that
such affiliates may be similar, and even competitive, to you. You understand
that we may re-direct traffic and users from any of the sites to any other
online site that we deem appropriate in our sole discretion, without any
additional compensation to you.
12.4 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 or deal in any other manner with
this agreement or any rights 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
12.5 This agreement (including any variation or
modification thereto) shall be deemed executed in Malta and shall be governed
by and construed in accordance with the laws of Malta without giving effect to
conflicts of law principles. You irrevocably agree to submit 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.
12.6 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.
12.7 This 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. Unless approved by our internal
legal processes, no modifications, additions, deletions or interlineations of
this agreement are permitted or will be recognized by us. None of our employees
or agents has any authority to make or to agree to any alterations or
modifications to this agreement or its terms.
12.8 Except insofar (and only to such extent) as
this agreement expressly provides that a third party may in their own right
enforce a term of this agreement, a person who is not a party to this agreement
has no right under any law or statute to rely upon or enforce any term of this
12.9 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
12.10 Our rights and remedies hereunder shall
not be mutually exclusive, that is to say that 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; we may seek
enforcement or compliance 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, its being the intention of this provision to make
clear that our rights shall be enforceable in equity as well as at law or