Version 2 Last update: November 4, 2020
TERMS AND CONDITIONS
In these Terms and Conditions:
- A «Casino/Sportsbook» shall mean an Internet website (including without limitation bootleggercasino.com, bosscasino.com and olebet.com) providing online Casino/Sportsbook gambling entertainment services to customers as may be added and/or amended by Us from time to time.
- An «Affiliate» and/or «You» shall mean an approved member of the Affiliate Program having registered an account in the current Affiliate Program as may be amended from time to time and having been accepted by Us as an Affiliate in accordance with this Agreement.
- The «Affiliate Program» shall mean the arrangement entered into between Us and Affiliates for the promotion of the Casino/Sportsbook and the Payment of the Earnings to the Affiliates in accordance with these Terms and Conditions via the use of Promotional Materials.
- References to «Net Revenue» shall mean: total bets placed MINUS total wins MINUS total bonus cost incurred MINUS jackpot contributions MINUS duties or taxes incurred in connection with the Casino/Sportsbook: Provided that where the Affiliate is registered for Value Added Tax purposes in Malta, the Net Revenue shall include Value Added Tax at the then applicable rate, where applicable;
- References to «Us» and/or «We» shall mean the marketing agency Boss Gaming Partners, owner and operator of the Site, specialising in attracting users to the Casino/Sportsbook by means of affiliate schemes. Where the Casino/Sportsbook is bosscasino.com and/or bootleggercasino.com, the relevant contracting entity from Our end will be Boss Development Limited, a limited liability company registered in Malta having company registration number C 82814 and its registered address at Soho Office, The Strand, Fawwara Building, Triq l-iMsida, Gzira GZR 1401, Malta with Value Added Tax number MT 24782006. Where the Casino/Sportsbook is ole.bet, the relevant contracting entity from Our end will be BGG Technologies N.V., a company registered in Curaçao having company registration number 137159 and its registered address at 51, Heelsumstraat, E-Commerce Park, Vredenberg, Curaçao.
- References to «New Players» shall mean a person or entity, brought by the Affiliate by means of the Approved Promotional Materials having registered personal gaming accounts within the Casino/Sportsbook and making the required minimum deposit/s in such accounts in accordance with the applicable terms and conditions of the Casino/Sportsbook, but excluding the Affiliate, its employees, agents, relatives and/or friends and excluding also Our existing Players, including without limitation those Players who had previously registered an account on the Casino/Sportsbook which has since then been closed for any reason whatsoever: Provided that a New Player shall not be considered a New Player after the lapse of twelve (12) consecutive Accounting Periods from the date of registration of his/her personal gaming account within the Casino/Sportsbook.
- References to «Earnings» shall mean all income and/or revenue earned by the Affiliate on the basis of a commission percentage as applied to the Net Revenue generated by the Players registered with the Casino/Sportsbook brought by the Affiliate in accordance with these Terms and Conditions and/or any other commission structure provided in these Terms and Conditions and/or specifically agreed to in writing by and between Us and the Affiliate in a separate Insertion Order.
- A «Payout» shall mean an Affiliate’s money transaction from the personal account within the Affiliate Program to any external payment system or payment facilitator, available in the framework of the current Affiliate P
- An «Accounting Period» shall mean the time period, allotted for the accumulation and calculation of the Affiliate’s earnings made through the Affiliate Program, based on the monthly accounting calendar and the Net Revenue generated during the same period.
- References to «Approved Promotional Materials» shall mean the instruments including, but not limited to texts, banners, links and other online or offline promotional materials, media and/or intellectual property provided by Us or created by the Affiliates after having been approved by Us for the promotion of the Casino/Sportsbook.
- References to «Insertion Order» shall mean the special terms and conditions which may be agreed to in writing from time to time between Us and an Affiliate containing terms additional to these Terms and Conditions and which shall form an integral part thereof. In case of inconsistency between the terms of the Insertion Order and these Terms and Conditions, the Insertion Order shall prevail in so far as relates to the subject-matter of its contents.
- References to the «Website» and/or the «Site» shall mean the website bossgamingpartners.com and/or any other website indicated by Us from time to time.
B.TERMS OF WORK
- You must comply with all the provisions of these Terms and Conditions, including any Insertion Order in place by and between Us and You, and all instructions, guidelines and/or requirements imposed by Us in connection with the Affiliate Program as may be communicated in writing by Us from time to time.
- We reserve the right to refuse any request for registration into the Affiliate Program at our sole and absolute discretion.
- By submitting a request for registration into the Affiliate Program, You confirm your acceptance of and agreement with these Terms and C onditions as may be amended and/or updated from time to time by Us. You are solely and exclusively responsible to implement any and all changes and/or updates required to maintain compliance with these Terms and Conditions for as long as You form part of the Affiliate Program.
- You confirm that You are eighteen (18) years or older and that You do not employ or otherwise engage any person under the age of eighteen (18) years in connection with the Affiliate Program.
- In order to access the system of the Gambler Hunt Affiliate Program, You must create a login and password, which You are solely responsible to keep and protect from loss and/or disclosure to unauthorised persons and/or third parties. We are not in any way responsible for the safety and/or security of this data.
- Once You complete the registration form on the Site, You will receive an email confirming receipt of the form and asking You to provide us with further information about You. The registration process will not be complete unless and until We receive all information and documents requested by Us and any Insertion Order has been countersigned by You. Upon successful completion of the registration process, We will send you a further email confirming this, after which the Affiliate manager will enable Your earnings to start being tracked.
- We reserve the right to change, amend and/or update these Terms and Conditions from time to time without prior notification. You are solely responsible to ensure that You comply with the latest version of these Terms and Conditions made available from time to time by Us on the Site.
- Any transfer, assignment and/or sale of an Affiliate account to any third party without Our prior approval in writing is expressly prohibited and will not be honoured by Us.
- You agree and undertake to use solely and exclusively the Approved Promotional Materials in order to attract New Players and You recognise and accept that You will not receive any Earnings and/or Payouts for New Players gained other than through the use of Approved Promotional Materials. You agree to keep Us fully indemnified from any and all damages We may incur as a result of the use of materials other than Approved Promotional Materials.
C.REGISTRATION PROCESS AND ACCEPTANCE INTO THE AFFILIATE PROGRAM
- We may at all times and at our sole and absolute discretion, even after acceptance into the Affiliate Program, request further information and/or documentation and you undertake and warrant to provide the same without delay.
- The information and documentation which we request from You is required by Us in order to comply with Our legal and regulatory requirements and obligations. We may also conduct additional checks of Our own to verify the information and/or documentation submitted.
- We reserve the right to refuse any application for acceptance into the Affiliate Program at Our sole and absolute discretion and Our decision will be final and not subject to reconsideration or appeal.
- We reserve the right to withhold acceptance into the Affiliate Program, to suspend the payment of any Earnings and/or Payouts and to suspend or remove access to the system of the Site until all such information and/or documentation requested by Us has been submitted to Our satisfaction.
- You warrant and undertake that at the time of submission of your application for acceptance into the Affiliate Program, after successful completion of the registration process and throughout the duration of the Affiliate Program:
- You have all required title and authority to enter into the Affiliate Program, accept these Terms and Conditions and perform all Your obligations relating to same;
- all information and documentation submitted to Us is correct, true and up to date and you warrant and undertake to provide Us with any and all updates and/or changes to the same without delay;
- You have all necessary licences, permissions, authorisations and consents as may be necessary for You to honour Your obligations under these Terms and Conditions.
- We will process Your application and inform You in writing of Our acceptance or rejection of Your request to join the Affiliate Program. Our decision is at Our sole and absolute discretion and We are not obliged to provide any reason for the same.
D.TRAFFIC, SOURCES AND LIMITATIONS
- We may at any time request information about Your traffic sources. If You fail to provide the requested information or provide information which is not of a satisfactory level and/or quality, We reserve the right at Our absolute and sole discretion to close or suspend Your account and/or freeze, suspend and/or withhold any Payouts due to You. Without limitation to any other information We may specifically request from You in relation to Your traffic sources, We will require at a minimum:
- for websites, a URL (or an alternative path to the domain);
- for media / arbitrage traffic, an example of an advertisement and a screenshot of an advertising cabinet;
- for emails, the text and template format of emails and the inclusion of the email address email@example.com in the mailing list;
- for public posts in social networks, channels for streams or mobile applications, the correct links to the Casino/Sportsbook.
- If advertising is carried out in languages not used in the Affiliate Program, then a translation thereof to English must be provided.
- Under the Affiliate Program, You will not
- use any spam mailing techniques (for the purpose of these Terms and Conditions, “spam” shall be taken to refer to any emails, SMS and/or push notifications sent by You, directly or indirectly, which: (i) contain false or misleading statements; or (ii) do not truthfully identify the source or the originating IP Address; or (iii) do not contain an online and real time remove/unsubscribe option) and/or send unsolicited direct marketing communications, including without limitation email, SMS and/or push notifications, to any person;
- target any person who is under the legal age for gambling in accordance with any applicable legislation and/or fail to take all necessary steps to prevent the communication of any gambling-related marketing materials to any person who is under the legal age for gambling in accordance with any applicable legislation;
- target any jurisdiction wherein gambling and/or the promotion thereof is illegal;
- infringe the intellectual property rights of any third party, including Our own, without first obtaining express authorisation in writing and/or use any intellectual property of any third party, including Our own, in any manner other than as expressly and limitedly authorised so to do by the owner of those rights;
- use any material, content and/or media containing any libelous, discriminatory, defamatory, obscene, threatening, unlawful or otherwise unsuitable content or which is otherwise sexually explicit, pornographic, violent or otherwise undesirable;
- use Our intellectual property and/or Approved Promotional Materials in or on any website, portal, social network page and/or any other medium, whether owned by You or by any other third party, which contains any libelous, discriminatory, defamatory, obscene, threatening, unlawful or otherwise unsuitable content or which is otherwise sexually explicit, pornographic, violent or otherwise undesirable;
- circumvent any measures, initiatives and/or efforts taken by Us or by any other third party in connection with responsible gaming and/or fail to take all necessary actions and precautions to promote responsible gaming;
- generate traffic and/or acquire New Players through any illegal, unlawful and/or fraudulent means and/or in any manner which is in breach of these Terms and Conditions, including without limitation by registering fake or multiple New Player accounts on the Casino/Sportsbook, whether directly or via friends, relatives, associates, employees and/or other third parties, or try to artificially increase Your Earnings through any means whatsoever;
- present Yourself and/or make any claim, assertion and/or statement and/or give off the impression that You are associated in any form or manner with Us, other than via the Affiliate Program;
- use any other material, content and/or media other than the Approved Promotional Materials for the acquisition of New Players under the Affiliate Program without first seeking Our consent in writing;
- offer to potential New Players any promotional offers other than those which have been previously authorised by Us in writing;
- use any false or misleading advertising or marketing techniques or marketing practices which are otherwise unlawful in accordance with any applicable legislation;
- act in breach of any applicable legislation relating to data protection and data privacy, including without limitation the General Data Protection Regulation and any and all implementing legislation relating thereto.
- We reserve the right at our sole and absolute discretion, in the event of discovery or suspicion of any of the circumstances contained in clause 3 of this paragraph D, to suspend or close Your account in the Affiliate Program system and freeze, suspend and/or withhold any Payouts due to You.
- You and/or Your employees, agents, relatives and/or friends are strictly prohibited from owning and/or using a personal account in the Casino/Sportsbook under or following Your own referral link. In case of infringement of this sub-clause, all such accounts will be closed and banned irrevocably and all relative damages, fees and expenses incurred by Us in connection with Your actions shall be debited from all such accounts. The same applies in the event of any finding or suspicion of fraud on the part of any Affiliate and/or by any New Player in connection with an Affiliate, where New Players have registered multiple or fake accounts and/or where New Players breach the applicable terms and conditions of the Casino/Sportsbook.
- You will only and exclusively use the Approved Promotional Materials to promote the Casino/Sportsbook. We reserve the right to terminate the Affiliate Program, suspend or close Your account and suspend or withhold any Earnings and/or Payouts due to You in the event that You use any material, content and/or media other than Approved Promotional Materials to promote the Casino/Sportsbook.
- You will comply with any and all of Our requests and instructions for the correcton, removal and/or amendment of any material, content, media, information and/or other data concerning Us and/or the Casino/Sportsbook, without prejudice to any other action available to us under these Terms and Conditions and/or at law in such circumstances.
E.CALCULATION OF EARNINGS, NEGATIVE CARRYOVER AND REFERRED AFFILIATES
- Subject to the promotion of the Casino/Sportsbook in accordance with these Terms and Conditions, We agree to issue Payouts based on Your Earnings calculated in accordance with these Terms and Conditions and any Insertion Order in force by and between Us. The Earnings and Payouts shall be inclusive of Value Added Tax, where applicable, or any other applicable tax. In case of any change in the applicable Value Added Tax, where applicable or any other applicable tax, any and all Earnings and Payouts shall be adjusted to reflect this change in such a manner which is not detrimental to Us. Similarly, any charges, fees, expenses and/or other dues incurred by Us in connection with any Payout effected to You shall be reflected by means of an adjustment to the Payout in such a manner which is not detrimental to Us.
- No Earnings shall be due and no Payouts shall be made for traffic generated and/or New Players registered as a result of fraud, false and/or artificially generated transactions and/or transactions made in bad faith or otherwise contrary to these Terms and Conditions and/or applicable law and You will indemnify Us in full for any and all damages, fees, expenses and/or other losses incurred by Us in connection with same. We reserve the right to set off any amounts generated from fraud, false and/or artificially generated transactions and/or transactions made in bad faith and/or otherwise contrary to these Terms and Conditions and/or applicable law from any future Payouts due to you.
- Your Earnings will be calculated on the basis of:
- a Dynamic Revenue Share (RevShare) calculation ranging from 25% to 50% (the precise percentage along with any additional terms and conditions to be set out in an Insertion Order signed by Us and You), which is calculated on the basis of the Net Revenue – 25% administration fee; or
- on an exceptional basis, Your Earnings may be calculated on the basis of Cost Per Acquisition (CPA), which will take effect for each New Player when the minimum amount of any single (non-cumulative) deposit agreed to in the Insertion Order; or
- also on an exceptional basis, Your Earnings may be calculated on the basis of a hybrid of RevShare and CPA as defined in sub-clauses 3(a) and (b) above and as further specified in the Insertion Order; or
- also on an exceptional basis, Your Earnings may be calculated on the basis of a Sole Listing Fee (the precise fixed amount per month along with any additional terms and conditions to be set out in an Insertion Order signed by Us and You.
- In the exceptional cases referred to in sub-clauses 3(b) and (c) of this paragraph E, We reserve the right to switch to our standard RevShare arrangement set out in sub-clause 3(a) of this paragraph E by giving You twenty-four (24) hours’ prior notification in writing.
- In the cases referred to in sub-clauses 3(a), (b) and (c) of this paragraph E, We may in conjunction with any of the Earnings package agreed to include an Additional Listing Fee (the precise fixed amount per month along with any additional terms and conditions to be set out in an Insertion Order signed by Us and You.
- If in the calculation of the Earnings due to an Affiliate during an Accounting Period, the Net Revenue is negative as a result of excess winnings of any New Player, the balance due in connection with that New Player to the Affiliate shall be zero (0).
- Under no circumstances shall a negative balance in the Affiliate’s account in the current Accounting Period be transferred or carried over into the next Accounting Period and the next Accounting Period shall always start with a zero (0) (not negative) value.
- If an Affiliate has attracted a third party individual or company who wishes to become a new Affiliate and to be accepted into the Affiliate Program, a one (1) time referral bonus will be added to the Affiliate’s account subject to Our verification that such referral has not been made in breach of these Terms and Conditions and subject also to the referred affiliate satisfying all the conditions and requirements of these Terms and Conditions and the Affiliate Program. The one (1) time referral bonus shall be calculated as an amount equal to ten per cent (10%) of the Net Revenue exclusive of Value Added Tax, where applicable MINUS twenty-five per cent (25%) administration fee MINUS RevShare percentage paid out to the third party. The payout due to the referred Affiliate for the first Accounting Period will be exclusive of Value Added Tax, where applicable.
F.PROCEDURE AND TERMS OF PAYMENTS
- All Payouts to You will be made by Us via bank transfer in Euro (€) currency.
- For Payouts due to You in connection with the Casino/Sportsbook bosscasino.com and/or bootleggercasino.com, Payouts will be effected only to SEPA bank accounts and will be effected by Boss Development Limited, a limited liability company registered in Malta having company registration number C 82814 and its registered address at Soho Office, The Strand, Fawwara Building, Triq l-iMsida, Gzira GZR 1401, Malta with Value Added Tax number MT 24782006.
- For Payouts due to You in connection with the Casino/Sportsbook ole.bet, Payouts may be effected to non-SEPA bank accounts but always in Euro (€) currency amd will be effected by BGG Technologies N.V., a company registered in Curaçao having company registration number 137159 and its registered address at 51, Heelsumstraat, E-Commerce Park, Vredenberg, Curaçao.
- and only to verified SEPA bank accounts. We do not make payments to non-SEPA bank accounts.
- Earnings for each Accounting Period shall be calculated at the end of each calendar month and Payouts shall be made to Affiliates in arrears by not later than the fifteenth (15th) day of the following calendar month, subject to a bank processing period of approximately two (2) to three (3) business days.
- Where the Payout due to You for any Accounting Period does not exceed the amount of fifty Euro (€50), the Payout for that month shall be carried over to the following Accounting Period and the Earnings due not exceeding fifty Euro (€50) will be paid to You when the total aggregate amount of the same exceeds fifty Euro (€50): Provided that the minimum threshold of fifty Euro (€50) shall not apply to sub-Affiliates of the same Affiliate.
- Earnings due for each Accounting Period to sub-Affiliates of the same Affiliate will be paid out by means of one (1) Payout to the main or parent Affiliate in accordance with this paragraph F. This notwithstanding, each sub-Affiliate shall have a separate account on the Site for the purpose of tracking the Earnings generated by each sub-Affiliate.
- Only one (1) bank account per Affiliate is allowed under the Affiliate Program, which applies to an Affiliate with sub-Affiliate accounts To change the bank account and/or details, You must send an email to Your affiliate manager, copying firstname.lastname@example.org with the subject ‘Change in affiliate bank details’. Requests to change the bank account and/or details made outside the twentieth (20th) and the last calendar day of the current Accounting Period will, subject to approval by Us, take effect from the next Accounting Period. We reserve the right to refuse a request for a change in bank account and/or details and/or to apply the requested changes during the next Accounting Period at our sole and absolute discretion.
- In the event that the bank account and/or details provided by You is/are incorrect and You fail to provide Us with a correct and functioning bank account and/or details within three (3) months from Our first demand in writing, or the payment due for any Accounting Period cannot be effected for any reason not attributable to our fault or gross negligence, We reserve the right at Our sole and absolute discretion to effect any payment due to You together with the payment due for the following Accounting Period, AND/OR terminate the Affiliate Program AND/OR to suspend or close Your account and AND/OR to suspend or withhold any Earnings and/or Payouts due to You.
- Any charges, fees or other amounts incurred by Us in connection with any Payout shall be shared equally between Us and You and You accept that any such charges, fees or other amounts shall not be redeemable from Us.
- We reserve the right to withhold and/or suspend any payment due to You under the Affiliate Program and/or to to suspend any such payment until the payment of the amount due for the following Accounting Period if, inter alia, You fail to provide us with complete and correct bank account details and/or any information and/or documentation requested from Our end for the purpose of carrying out our legal and contractual obligations.
- If for the first Accounting Period You generate less than three (3) New Players, We reserve the right to carry out further checks before honouring our commitments under these Terms and Conditions.
- In the case of overpayment in Your favour, We reserve the right at our sole and absolute discretion to summon You to refund the difference immediately or to deduct the overpayment from the next Accounting Period/s Payout/s due to You until the overpayment has been paid back to Us in full. In the case of underpayment to Your detriment, We will add the missing part of the Payout together with the Payout due for the next Accounting Period.
- Any and all disagreements and/or disputes relating to any Payout, commission and/or any other amount allegedly due by You must be made in writing by not later than five (5) days from the end of the relevant Accounting Period to which the disagreement and/or dispute relates. In default, You will be deemed to have irrevocably waived any and all past, present and future rights and/or claims against Us in connection with the relevant Accounting Period.
G.OUR RIGHTS AND OBLIGATIONS
- We will register Your New Players and will track their play. We reserve the right to refuse New Players or to close their accounts at our sole and absolute discretion in accordance with the applicable terms and conditions of the Casino/Sportsbook.
- We will track Your New Players’ play and will provide You with remote online access to reports of New Players’ activity and related statistics.
- Subject to Your adherence with these Terms and Conditions, We will pay You Your Earnings in accordance with these Terms and Conditions.
- We reserve the right to modify these Terms and Conditions at any time and at our sole and absolute discretion. It is Your responsibility to ensure that You are aware of and comply with the latest version of these Terms and Conditions and if such latest version is unacceptable to You, You must terminate the Affiliate Program by giving notice in writing thereof. In the absence of this, You will be presumed to continue to participate in the Affiliate Program and You will continue to be bound by these new Terms and Conditions.
H.YOUR RIGHTS AND OBLIGATIONS
- By agreeing to participate in this Affiliate Program, You agree to create a unique link from your site/s to the Casino/Sportsbook. You may link to Our Casino/Sportsbook with one of Our banners forming part of the Approved Promotional Materials or with a text link. With Our written permission, You may link directly to Our downloadable .exe file. These are the only methods by which You may advertise on Our behalf. We will terminate the Affiliate Program immediately and irrevocably if there is any form of spamming or if You advertise and/or act in any other unauthorised way and/or in breach of these Terms and Conditions. You shall not make any claims, representations, or warranties in connection with Us and You shall have no authority to, and shall not, bind Us into any obligations with third parties.
- By accepting You into the Affiliate Program, We grant You the non-exclusive, non-transferable, limited right to direct potential New Players to our Casino/Sportsbook, in accordance with these Terms and Conditions. Neither the Affiliate Program nor these Terms and Conditions grant You an exclusive right or privilege to promote our Casino/Sportsbook and We retain the right to engage other third parties of the same or similar nature as You and/or Your businessAnd .
- You shall have no claims to Earnings and/or Payouts or any other form of compensation other than in accordance with these Terms and Conditions and solely and exclusively on business secured by or through persons or entities other than You.
- Without Our prior written approval, You will not alter any of our Approved Promotional Materials, including without limitation any and all approved banners. The appearance and syntax of the hypertext transfer link are designed and designated exclusively by Us and constitute the only authorised and permitted representation of our Casino/Sportsbook.
- You will not benefit from known or suspected traffic not generated in good faith whether or not it actually or potentially causes Us any damage. We reserve the right to suspend, withhold and/or retain all Earnings, Payouts and/or other amounts due to You in accordance with these Terms and Conditions if we have reasonable cause to believe that such traffic has been caused directly or indirectly as a result of Your acts or omissions or those of your employees, agents, relatives, friends and/or associates. Even if You have not knowingly generated such traffic, We reserve the right to withhold any Earnings generated from such traffic.
- Upon acceptance into the Affiliate Program, We grant You a non-exclusive, non-transferable license, limited to the term of the Affiliate Program, to use Our intellectual property provided to You and included in the Approved Promotional Materials, whether owned by Us or licensed to us in turn by their rightful owner, for the sole and exclusive purpose of being used in accordance with and for the aims expressly stated in these Terms and Conditions. This license cannot be sub-licensed, assigned or otherwise transferred by You unless specifically authorised by Us in writing. Your right to use the marks is limited to and arises only out of this license and You agree that any and all rights and/or goodwill which may arise from such licence shall immediately be Ours. Other than the intellectual property provided to You as Approved Promotional Materials, You will not make use of any other intellectual property owned by or licensed to Us or belonging to any third party without having first obtained express consent in writing from the rightful owner.
- You shall not assert the invalidity, unenforceability, or contest the ownership of any intellectual property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our or Our licensors’ rights in any intellectual property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
I.TERM AND TERMINATION
- The term of the Affiliate Program, the applicability of these Terms and Conditions and of any Insertion Order agreed to in writing by and between Us and You begins when We confirm in writing Our acceptance of your application to be accepted into the Affiliate Program in accordance with clause 6 of paragraph B above, and will continue unless and until either You or We notify the other in writing of Your/Our intention to terminate the Affiliate Program, any and all applicable Insertion Orders and the applicability of these Terms and Conditions, in which case the Affiliate Program shall be terminated upon the lapse of thirty (30) days from the date of notification thereof in writing. For the avoidance of doubt, TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
- Upon termination:
- You must remove all of Our Approved Promotional Materials, including any and all intellectual property, banners/icons from Your site/s and disable the link from Your site/s to Ours;
- All rights and licenses given to You in the Affiliate Program, under these Terms and Conditions and under any and all Insertion Orders in place by and between You and Us shall immediately terminate;
- If You have failed to fulfill your obligations and responsibilities under these Terms and Conditions in any way at our absolute and sole discretion, We will not pay You the Earnings and/or Payouts otherwise owing to You on termination;
- We may withhold your final payment of Earnings/Payouts for such reasonable time as may be required for Us to ensure that the correct final amount is paid to You.
- If we continue to permit play from New Players after termination of the Affiliate Program, this will not constitute a continuation or renewal of the Affiliate Program in Your regard and/or a waiver of the termination of the same.
- We may terminate the Affiliate Program in Your regard with immediate effect by giving notice in writing thereof at our sole and absolute discretion if we determine that You are in any way in breach of these Terms and Conditions and/or any applicable laws and regulations and/or You have or may potentially cause Us reputational, financial and/or other harm, without prejudice to all of Our rights under these Terms and Conditions and/or at law.
- You shall defend, indemnify, and hold Us, Our affiliated and group companies, Our and their directors, officers, employees, and representatives safe and harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:
- Any breach by You and/or Your employees, agents, employees, representatives and/or associates of any warranty, representation, or claim contained in these Terms and Conditions and/or made in connection with the Affiliate Program;
- The performance of Your duties and obligations under these Terms and Conditions;
- Your willful and/or negligent acts and/or omissions and/or any injury, loss, damage and/or loss caused directly or indirectly by Your negligent or intentional acts or omissions of any kind;
- Any violation of any applicable legislation;
- any claim or contention that the Approved Promotional Material, Your site and/or any other material, content and/or media used by You in connection with our Casino/Sportsbook is in breach of any third party intellectual property rights.
- We will not be liable towards You and/or any third party in contract, tort, breach of statutory duty or in any other way for any economic losses, including without limitation loss of profits, revenues, business, contracts or anticipated savings, any indirect or consequential losses and/or any loss of goodwill or reputation. Further, Our aggregate liability arising from these Terms and Conditions and the Affiliate Program will not exceed the total Earnings and/or Payouts paid or payable to You under this Agreement until its effective termination. Nothing in these Terms and Conditions shall be construed to provide any rights, remedies or benefits to any person or entity not a party to the same and/or the Affiliate Program. Any liability arising under these Terms and Conditions and/or the Affiliate Program shall be satisfied solely from the Earnings/Payouts generated and is limited to direct damages.
We make no express or implied warranties or representations of any kind with respect to the Affiliate Program, Casino/Sportsbook or any payment arrangements under the Affiliate Program including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of Our Site and/or Our Casino/Sportsbook will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
L.RELATIONSHIP OF PARTIES
You and We are independent contractors, and nothing in these Terms and Conditions and/or the Affiliate Program will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Us and You. You will not make any statement, whether on Your site/s or otherwise, that reasonably would contradict anything in this paragraph.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THESE TERMS AND CONDITIONS OR OPERATE OR CONTRACT WITH WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY AND LEGALITY IN YOUR RESIDING JURISDICTION OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS AND CONDITIONS.
- The laws of Malta, without reference to rules governing choice of law, will govern these Terms and Conditions. Any action relating to this Agreement must be brought before the Courts of Justice of Malta and you irrevocably consent to the jurisdiction of its courts.
- Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
- Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a peach or a threatened peach of this Agreement and, in the event of a peach or threatened peach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a peach or threatened peach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.