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For the avoidance of doubt, the Company shall not be liable for any activities undertaken on your account by a third party or for any damages that may arise therefrom.
The Company will not be liable to pay you any Commission which would have otherwise been payable to you under this Agreement in respect of such jurisdictions.
You acknowledge that, except for the licence which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or your activities hereunder.
The aforementioned licence shall terminate upon the termination of this Agreement. Once the Company becomes aware that you have registered such a domain name you will be informed and required to transfer the domain name to the Company or an entity nominated by the Company, forthwith and free of charge.
Until the domain name has been transferred to the nominated company you will not allow the domain name registration to lapse.
The Company may, in its sole discretion, withhold all Commission that may be due to you until the domain name is transferred. The details which the Company may provide to the party making the complaint, may include your name, email address, postal address and telephone number.
In addition, the Company reserves all of its rights in this matter including without limitation the right to immediately terminate this Agreement and your participation in the Uffiliates Scheme and to set off or charge you for all claims, damages, expenses, costs, or fines incurred or suffered by the Company or any Group Companies in relation to this matter.
Nothing stated or omitted herein shall in any manner prejudice any such rights. You agree to conduct yourself, in so far as you carry out activities on behalf of UK Limited which relate to the activities licensed by the Gambling Commission of Great Britain, as if you were bound by the terms of the LCCP and the same codes of practice as UK Limited.
These must be displayed on the advert itself, or if significant time or space restrictions preclude such presentation, e.
Any failure or delay in responding to you does not constitute consent from the Company; iii only use the Links and Licensed Materials provided to you directly by the Company that are available via the Uffiliate Information Site; and iv only use the Links and Licensed Materials to link to the Sites and to not link directly to registration or download pages.
In such event, the Company may retain any Commission otherwise payable to you under this Agreement and will no longer be liable to pay any Commission to you.
You agree that posting a change of terms notice or a new agreement on the Uffiliates Information Site at http: If any modification is unacceptable to you, your sole recourse is to terminate this Agreement and your continued participation in the Uffiliates Scheme following the posting of a change notice or new agreement on the Uffiliates Information Site will constitute binding acceptance by you of the change.
Due to the above, you should frequently visit the Uffiliates Information Site and review the terms and conditions of this Agreement.
Notwithstanding the foregoing, you may disclose Confidential Information to the extent: The courts of Gibraltar will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement and the transactions contemplated thereby.
Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
You may not sub-contract or enter into any arrangement whereby another person is to perform any or all of your obligations under this Agreement.
The Company will notify you of any such transfer, assignment, sublicense or pledge by publishing the new version of this Agreement on http: Sub-Affiliates Terms and Conditions The following terms and conditions shall govern the agreement between you and the Company in respect of Sub-Affiliates.
Capitalised terms used herein and not otherwise defined shall have the meaning assigned to them in the Agreement set out above. Potential Sub-Affiliates will be required to complete and submit an Application.
The Company will evaluate the Sub-Affiliate application and reserves the right at its sole discretion to accept or reject such Application.
You shall be entitled to receive additional commission from the Company in relation to commissions received by the Sub-Affiliates introduced by you a "Sub-Affiliate Commission".
The Sub-Affiliate Commission received by you shall be linked to the commission scheme agreed between such sub-affiliate and the Company and shall not be determined by the commission scheme of your choice.
By way of example, in the event that you have elected to receive commission from the Company on a per Money Player basis but your Sub-Affiliate receives commission from the Company on a Gross Revenue basis, your Sub-Affiliate Commission shall be calculated on a per Gross Revenue basis.
The Sub-Affiliate Commissions shall be as set out on http: In addition, if any of your Sub-Affiliates fail to generate new Leads for over 3 months the Company shall be entitled to disconnect such Sub-Affiliate from your account at its sole discretion and shall no longer be liable to you for any Sub-Affiliate Commission.
If the Company determines in its sole discretion that you have attempted any of the foregoing, the Company may: Uffiliates Application and Enrollment.
To become an Affiliate within the Uffiliates Scheme, you will have to submit a completed Uffiliates application, made available on http: We will evaluate your application and, provided that your application is acceptable, notify you of your acceptance to the Uffiliates Scheme.
We shall have the right at our sole discretion to reject your application to the Uffiliates Scheme at any time. Similarly, we shall reject your application or terminate this Agreement if we determine, in our sole discretion, that any of your Affiliate Websites are designed to appeal to minors.
The Company also wishes the Site to be advertised on Affiliate Website s which promote only gambling operators who have been granted a license by the Agenzia delle Dogane e dei Monopoli.
Therefore, we may reject your application in the event that you promote in any way whatsoever any unlicensed products or services in Italy, including but not limited to, any unlicensed online gambling websites or operators.
The Company is strongly committed to the protection of its end-users from all types of malicious, harmful or intrusive software and holds a zero-tolerance policy in such regard.
Therefore, we shall reject your application or immediately terminate this Agreement if we deem, at our sole discretion, that any of your Affiliate Website s are designed to distribute or promote any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of malware.
The Company is committed, in accordance with its zero-tolerance policy for bribery and corruption the "Anti Bribery and Corruption Policy " , to ensure that all of its activities and the activities of all of its affiliates and business partners comply with all applicable laws and regulations and accord to the highest principles of corporate ethics.
Accordingly, in submitting an application for enrollment in the Uffiliates Scheme and in performing your activities under this Agreement, you undertake to comply with all applicable laws related to the fight against bribery and corruption and shall not offer, promise, give, authorize, solicit or accept any undue pecuniary or other advantage related to any prospective Leads, Money Players, Commissions, Sub-Affiliates each as defined below or otherwise.
We shall reject your application or immediately terminate this Agreement if we determine, in our sole discretion, that any of your activities do not fully comply with our Anti Bribery and Corruption Policy.
You shall have no right to appeal any decision by the Company to reject your application. The Company reserves the right to perform background checks on you and request any relevant documentation, for any reason, including but not limited to any investigation into your identity, personal history, registration details, such as name, address and age and your financial transactions and financial standing.
The Company may decide at its sole discretion to terminate this Agreement on the basis that such an investigation provides a negative or uncertain conclusion.
The documents requested by us shall typically include an identity card, certificate of incorporation or anything analogous thereto and proof of address.
If deemed necessary, the Company may request that the said document copies are notarized by a Public Notary. In the event our requests for documents are not completed or if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent — we shall be under no obligation to accept such documents as valid and we may withhold any past or future Commissions which have accrued or which shall accrue to your benefit as well as reject your application or terminate this Agreement with immediate effect.
In accordance with the laws and regulations of the Italian Republic, persons under the age of 18 are not allowed to register with or play on the Sites.
The Sites are not designed to attract children or adolescents, and we take certain measures to block underage persons from registering with the Sites.
Therefore, we shall reject your application if we determine, at our sole discretion, that any of your Affiliate Website s are designed to appeal to minors and, as such, are not suitable for the Uffiliates Scheme.
Setting Up Links and Promotions. In the event of your acceptance as an Affiliate, we will make available to you promotional materials as determined by us such as banner advertisements, button links, text links and possibly other content which will be associated with you on our system, all of which shall relate and link specifically to the Sites collectively referred to hereinafter as the " Links ".
You may display such Links on your Affiliate Website s , provided you abide by the terms and conditions of this Agreement and that you possess the legal right to use the Affiliate Website s in relation to the Uffiliate Scheme.
In using the Links, you agree that you will cooperate fully with us in order to establish and maintain the Links.
If during the term of this Agreement we determine that you are placing the Links on websites other than the Affiliate Website s which you have submitted to us during the registration process or use such Links not in compliance with the terms and conditions of this Agreement, you shall immediately stop using such Links upon our request.
You may not advertise the Sites through the use of spam messages. In addition to your use of Links you may promote the Sites by means of publication of bonus codes each a "Promotion" and collectively the "Promotions".
Your offering of a Promotion at any time shall be conditional on your receipt of prior written approval from the Company for the Promotion.
In the event that your Promotion does not comply with the terms and conditions of this Agreement you shall not be permitted to receive any commissions generated on account of Leads or Money Players, as defined below, in relation to such Promotion.
You will not market or promote the Site or use any of the Licensed Materials as defined below on any website, software, application or portal which infringes upon the intellectual property rights of any third party.
You shall refrain from marketing the Sites in any way which does not comply with this Agreement or which breaches any applicable laws and regulations.
By way of example, the following activities will be considered to be activities, which if undertaken by you, would compete with our own marketing efforts and are prohibited hereunder: Your breach of the foregoing provisions will constitute a breach of this Agreement, and the Company retains full authority to: In addition you shall not include metatag keywords in PPC advertising which are identical or similar to any trademarks or trade names from time to time or otherwise include the word "", "Affari tuoi", "Grande fratello" or "money drop".
Leads and Money Players With respect to revenue share trackers, a " Lead " shall mean a distinct Internet user who during the term of this Agreement accesses one of the Sites directly through a Link published by you on your Affiliate Website s or otherwise distributed by you in accordance with this Agreement, registers with such Site, opens a new user account and makes the required minimum deposit.
For clarification, an Internet user shall not qualify as a Lead if such user has previously deposited in any other user account with such Site.
A " Money Player " is a Lead who in addition has: For Revenue Share trackers: Neither you nor your relatives are eligible to become Leads or Money Players and should you or they do so you will not be eligible to receive the Commission and such attempt on your part shall be considered a fraudulent act against the Company.
For this purpose, the term "relative" shall mean any of the following: The number of Leads per individual household computer is strictly limited to one.
We shall make the number of your Money Players and the relevant Gross Revenue figures available to you through the Uffiliates Information Site that is located at http: It should be noted that the Uffiliates Information Site is intended for informational purposes only, on an "as-is" basis and is not to be relied upon for any other purpose, including any payment.
Such data is provided on a dynamic basis and may change. To permit accurate tracking, reporting and commission accrual, you must ensure that the Links between your Affiliate Websites and the Sites are properly formatted throughout the term of this Agreement.
The commission scheme shall be as set out on http: For any scheme containing a revenue share component, you will receive the applicable percentage of Gross Revenue as such term is defined below and subject to the terms herein.
Nevertheless, we reserve the right to change the "rake" allocation model from time to time and may do so with respect to all Money Players, both existing and new.
However, the Company may deduct from Gross Revenue any or all charges or expenses attributable to blocked or suspended Money Players.
Without derogating from any other provision to the contrary in this Agreement, any Commission containing a revenue share component with respect to poker.
You hereby acknowledge and accept that all Commission amounts will be displayed by us in US Dollars but actually paid to you in Euros.
All currency conversions executed by the Company for such purpose shall be in accordance with the average monthly exchange rate published on www.
Subject to all other terms of this Agreement, all Commissions shall be paid to you on a monthly basis, within approximately 30 days following the end of each calendar month.
Payments of Commissions shall be made directly to you as per your preferred payment method and to the account detailed by you as part of your application process the "Payment Account".
In the event that you provide the Company with incorrect or incomplete details or you have failed to update your details and as a result your Commission is paid to an incorrect Payment Account, the Company shall no longer be liable to you for any such Commission.
Without derogating from the forgoing, if the Company is not able to transfer the Commissions to you, the Company reserves the right to subtract from the Commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details.
Should the Company not be able to transfer any Commission payment for 6 consecutive months as a result of any incomplete or incorrect details of your Payment Account or for any other reason beyond the control of the Company, the Company reserves the right to withhold any such Commission payments and will no longer be liable to pay such Commission.
You shall be solely liable for any tax, charge or levy imposed on you in respect of your receipt of any sum due and payable under this Agreement by the relevant authority and all amounts due and payable by the Company to you hereunder are inclusive of any VAT, tax, charge or levy which may be imposed on such payment and the Company shall be under no obligation to increase such payment in the event such tax becomes applicable.
The Company reserves the right to request that you provide the Company with written documentation verifying all your beneficiaries and Payment Account at any time, including upon registration and when any change is made relating to your Payment Account.
The Company is not obligated to make any payments until verification is completed to its satisfaction. If the Company believes at its sole discretion that you have failed to provide it with such verification, the Company retains the right to terminate this Agreement immediately and you shall not be entitled to receive any Commissions which have accrued to your benefit at such time or thereafter.
The Company reserves the right to take action against any Affiliate or its referred players that show patterns of manipulating the Uffiliates Scheme in any way whatsoever.
If we determine at our sole discretion that such conduct is being practiced, we may withhold and keep any Commission payments accrued to the benefit of the relevant Affiliate at such time and thereafter and terminate this Agreement with immediate effect.
Where you earn your Commission in accordance with the revenue share schemes as set out above the Company will apply a negative balance carry-over policy the "Policy".
The Policy consists of the following two rules: The Company shall be entitled to set-off from the amount of Commission to be paid to you any associated costs related to the transfer of such Commission.
The Company reserves the right to reduce your Commission relating to a specific Site in the event that you do not have any persons qualifying as Leads on such Site or through the account associated with such Site in three 3 consecutive calendar months.
The Company retains the right to review all Commissions for possible Fraud, whether such Fraud is on the part of the Money Player, on the part of a Sub-Affiliate, or on your part.
In any period of time during which the Company reviews commissions for possible Fraud, such review period not to exceed days, the Company shall have the right to withhold any Commission accrued in your favor, such Commissions not to be paid until such time as the review has been concluded.
Any incidence of Fraud on your part constitutes a breach of this Agreement. In case of such breach, the Company retains the right to terminate this Agreement immediately and you shall not be entitled to receive and the Company will not pay any Commissions which have accrued to your benefit at such time in relation to same whether such Commissions were generated through Fraud or otherwise.
For the purpose of this Agreement and by way of example only, the term "Fraud" shall include, but shall not be limited to: You are urged to provide accurate details in regard to the manner and information relating to your preferred method of receiving Commissions and the Company shall not be held liable for your delayed receipt of Commissions due to your provision of inaccurate details.
For the avoidance of doubt it is hereby stated by the Company and agreed by you that the Commissions which the Company shall pay to you shall relate solely to the casino sports or poker product which you directly advertise via the Links.
The Company shall have no obligation whatsoever in relation to future products or services provided to Money Players by the Company or any of its affiliated entities or commercial partners.
In addition the Company shall not be liable for any payment in respect of activity relating to any user account other than the user account registered in the particular Site promoted by you in which the respective user qualified as a Lead and Money Player, and subject always to the terms of this Agreement.
Your account is solely for your benefit. For the avoidance of any doubt, the Company shall not be liable for any activities undertaken on your account by a third party or for any damages that may arise therefrom.
The Company reserves the right, at its sole discretion, to immediately cease any or all marketing efforts in certain jurisdictions and will not be liable to pay you any Commissions which have accrued to your benefit that are attributable to such jurisdictions, without notice to you.
You are not permitted to alter, modify or change the Licensed Materials in any way whatsoever. You may not use any Licensed Materials for any purpose whatsoever other than promoting the Sites.
We may revoke your license to use the Licensed Materials at any time by written notice to you, whereupon you shall immediately destroy or deliver up to us all such materials that are in your possession.
You acknowledge that, except for the license which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or your activities hereunder.
The aforementioned license shall terminate upon the termination of this Agreement. Obligations Regarding Your Affiliate Websites and Marketing Materials You are and will be solely responsible for the technical operation of your Affiliate Website s and the accuracy, compliance and appropriateness of materials posted on therein this shall include regularly updating the posted marketing materials and removing obsolete promotions from the Affiliate Websites.
You agree that your Affiliate Website s will not, in any way, copy or resemble the look and feel of the Sites or any part thereof , nor will you create the impression that any of your Affiliate Websites are any of the Sites or any part thereof.
On execution of this Agreement and as a continuing obligation, you will inform the Company of any domain names you own which are in breach of the foregoing.
Once we become aware that you have registered a breaching domain name you will be informed and required to transfer the domain name to us or an entity nominated by us, forthwith and free of charge.
We may, in our sole discretion, withhold all Commission payments that may be due to you until the domain name is transferred.
You will not use any unsolicited or spam messages to promote the Group Websites. In the event we receive a complaint that you have been sending spam messages, you hereby agree that we may provide to the party making the complaint any details required for the complaining party to contact you directly in order for you to resolve the complaint.
The details which we may provide to the party making the complaint, include your name, email address, bricks and mortar address and telephone number.
You hereby warrant and undertake that you will cease sending spam messages and make every effort to resolve the complaint. In addition, we reserve all of our rights in this matter including without limitation the right immediately terminate this Agreement and your participation in the Uffiliates Scheme and to set off or charge you for all claims, damages, expenses, costs, fines incurred or suffered by us in relation to this matter.
Nothing stated or omitted herein shall in any manner prejudice any of our rights. You will ensure that your Affiliate Websites and any related marketing materials or communications comply with all applicable laws, regulations, codes of conduct, rules, conditions and directives, do not contain any spyware, adware or other unwanted threats and do not infringe any right of any third party, including intellectual property rights, directly or indirectly.
When marketing our Sites, you shall ensure amongst other things: These must be displayed on the ad itself, or if significant time or space restrictions preclude such presentation, e.
You undertake to immediately comply with any possible instructions and guidelines provided by the Company or published on the Uffiliates Information Site in relation to your activities in marketing and promoting the Sites including, without limitation, any instruction received from the Company requesting you to post on the Affiliate Websites information regarding new features and promotions on the Sites.
In any event, you shall ensure, whether you are based in Italy or elsewhere, that all of your marketing and promotional activities are compliant with applicable legislation in Italy, including but not limited to the data protection code, the consumer code and any decrees issued by the Agenzia delle Dogane e dei Monopoli on gambling promotions.
The term of this Agreement will begin upon your acceptance to the Uffiliates Scheme as an Affiliate and will end when terminated by either Party.
At any time, either Party may immediately terminate this Agreement, with or without cause, by giving the other Party written notice of termination, where such notice may be served via fax or e-mail.
In addition, we reserve the right to terminate this Agreement with immediate effect and without providing you with prior notice and without any obligation to pay to you any substitute indemnity in the following cases: In the event that you do not log into your account for 90 consecutive days, we may terminate this Agreement without notice to you.
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