Terms & Conditions
Below is the Company's Affiliate Program Terms & Conditions. Please read this document carefully before accepting this agreement. To participate in the Company’s affiliate network, you must accept the stipulated terms and conditions in this agreement without exception or 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.
1. Definitions and Interpretation
- "Company", "we", "our", and/or "us" mean the company known as get88* which provides marketing services to a number of brands operated by its Group, or, any relevant company in the Group.
"You", "your", and/or "affiliate" mean the individual or entity that has agreed to promote brands operated by our Group in return for commissions and/or incentives on the players that are referred to us in accordance with the Terms and Conditions of 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 registered upon.
"Affiliate area" means the area of the site that is accessible to you (to access some parts of this area, log on using the credentials that was assigned to you when you signed up as an affiliate in the affiliate network) and which provides certain 'members only' functionalities, including facilities to check relevant statistics, manage campaigns, update your profile, create additional tracking links, manage tracking links, and creative selection.
"Affiliate earnings" means any earnings that the affiliate accrues from the activities of players they have successfully referred to the Company as qualified acquisitions. Applicable commissions, bounties, and deficits are used to determine affiliate earnings.
"Agreement" means the terms and conditions of the Company affiliate network as well as applicable policies and all other relevant promotional terms and conditions that may apply from time to time. You acknowledge and agree that the 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. The Company may, but shall not be obliged to notify you of such changes. It is highly advisable for one to regularly check the sites and affiliate area for any such revisions.
"Creatives" mean any Company-approved marketing and advertising materials that can be used to promote the 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 our services through illegal means or any other action committed in bad faith to defraud us (which will be determined by us at 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 the Company and all the relevant/related companies of the Company collectively.
"Handle" is a derivative of turnover, used by the Company to calculate a player's activity on a particular product; it is the total money wagered by each player.
"Intellectual property rights" means the 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, 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" means the creatives and/or any other marketing materials (which may include our brand) that have been provided or otherwise made available to you by us and/or pre-approved by us.
"Brand(s)" means the 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 prospective players.
"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 and includes, but is not limited to, the following actions:
1. First deposit amount;
2. Total Deposit Amount;
3. Total handle;
4. Minimum bet/buy amount;
5. Handle amount
6. Revenue amount
“Gross Income” means the total bets of players, minus total winnings, in a particular month.
“Net Revenue” means the Gross Income generated by players in a particular month, minus:
1. Financial charges, expenses and/or fees borne and incurred by get88*;
2. Customer chargebacks borne and incurred by get88*;
3. Taxes borne and incurred by get88*;
4. Bonuses awarded to players by get88* in that same month.
"Site(s)" means any websites and any other online site or platform that is owned, operated or controlled by or on behalf of the Company at any given time.
"Services" means any service(s) offered by the Company to players on its sites.
"Spam" means any form of unsolicited communication, whether via email or any other form of 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 signup 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.
- The clause headings are included for convenience only and shall not affect the interpretation of this agreement.
- Any phrase introduced by the terms "including", "include" or any such similar expression shall be construed as illustrative and shall not limit the sense of the words prior to those terms.
- 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).
- This agreement was drafted in the English language. If this agreement is translated into another language, the English language version shall prevail.
- 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
- In order to participate in the Company affiliate network and enjoy its accompanying privileges and benefits, the designated signup procedures must be followed, including the completion and submission of the appropriate affiliate signup form in order to be registered with us as an affiliate.
- You represent and undertake that all information supplied by you when registering and completing the affiliate signup 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 affiliate earnings.
- 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.
- 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, the Company reserves the right, inter alia, to confirm your particulars by any means available to us.
- The Company reserves the right, without liability to you, to reject your application without reference to you or assigning any reason thereto.
- Employees of the 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.
- The affiliate program specifically promotes sites that do not handle gambling by people resident in the United States of America, France, Estonia, Cyprus, Bulgaria, Hong Kong, Spain, Singapore, Belgium and Israel; therefore you must ensure that your site does not target players in these countries.
3. Affiliate Obligations
- 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.
- You shall ensure (and take adequate and appropriate measures to ensure) that the players referred by you to us are of the legal age of consent to participate in the provided services and that they shall comply with the Company’s general terms and conditions.
- Referrals from affiliates are considered to be the Company’s players. The affiliate relinquishes all rights and/or ownership to these players once they are referred to the Company and these players shall be registered as Company members before they are considered qualified acquisitions (subject to any other applicable criteria).
- 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 libellous, discriminatory, defamatory, offensive or otherwise illegal. The Company disclaims all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, but without limitation to legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.
- get88* will provide the Affiliate with remote online access to reports of its player’s activities and the affiliate fees generated from the aforementioned players. These reports will include clicks, downloads, player activity and affiliate earnings based on the agreed upon commission structure. The form, content and frequency of the reports may vary from time to time at get88*’s discretion.
- 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 beneficiary account owner must submit an official written request, which is then subject to approval by the Company. Such approval will be made solely at the Company’s own discretion.
- Affiliates are not permitted to open a gaming account with any of the Sites in the get88* affiliate network, whereupon the Company may withhold any affiliate earnings and/or terminate this agreement immediately upon becoming aware of this occurrence. Losses incurred by an Affiliate acting as a player under a gaming account on any of the Sites will not generate any revenue for the Affiliate.
4. Marketing & Advertisements
- 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.
- We hereby grant to you a non-exclusive, non-transferable license, during the term of this agreement, to use the brand and marketing materials solely in connection with the display of the promotional materials on your site pursuant to this agreement. This licence cannot be sub-licensed, assigned, reassigned, or otherwise transferred by you.
- Your right to use the brand 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 brand 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 of the brand and marketing materials by you inures to our sole benefit and that you will not obtain any rights in the brand and marketing materials as a result of such use. You must notify us immediately if you become aware of the misuse of the brand and marketing materials by any third party.
- 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 brand and marketing materials of the Company, and you hereby agree to transfer any such registration obtained by you to us upon demand.
- 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 which are identical or similar to any of the brand or its variations thereof.
- For the avoidance of doubt, all intellectual property rights of the 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.
- 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:
- Place the brand and/or marketing materials on any online site or other medium where the content and/or material on such website or medium is potentially libellous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which is, in our sole discretion otherwise unsuitable.
- Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the purpose 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 legal age of consent in the location you are marketing.
- Infringe on any third party's intellectual property rights.
- Disparage us or otherwise damage our goodwill or reputation in any way.
- 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).
- Frame any page of the Site(s) in whole or in part.
- Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person.
- 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.
- 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.
- 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 email, chat boards, or spamming our tables.
- Cause a betting pattern of any end-user that is indicative of abuse against the get88* affiliate network and its associated remuneration structure, which are not consistent with the aims of the Company’s affiliate network and its good faith business opportunities offered therein.
- Without prejudice to anything else in this agreement, if we determine, at 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 short notice.
- Unless separately agreed otherwise, the Company will not in any way promote affiliates.
- For the avoidance of doubt, affiliates are responsible for all costs associated with their marketing and advertisement obligations under this agreement.
- 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 those that are in accordance with or permitted by the terms of this agreement.
- You will not use any unsolicited or spam messages to promote the Company’s Sites. In the event that we receive a complaint that you have been sending spam messages, you hereby agree that we may provide the complainant with any details required for the complainant 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, 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 (and without prejudice to clause 8), we reserve all of our rights in this matter, including but without limitation to the right to immediately terminate this Agreement and your participation in the get88* affiliate network program and to set off or charge you for all claims, damages, expenses, costs, and/or fines incurred or suffered by us in relation to this matter.
- You hereby also acknowledge that the Company’s Sites are licensed in the Philippines under First Cagayan Leisure and Resort Corporation (FCLRC), Costa Rica, Antigua, and Barbuda. The Company is also fully compliant in various regulated markets and offers its services to residents residing within the regions covered by this licence. As such, the Company is subject to the Gambling Commission’s Licence Conditions and Codes of Practice (“the LCCP”) as well as other legal requirements that govern the manner in which it may operate, market and advertise its services (these include consumer protection laws, fair marketing rules, etc). Therefore, you undertake to fully comply with these obligations referred to above, when you are marketing our Sites to people residing within the regions covered by this license. As per the LCCP requirements (and without prejudice to clause 8), we reserve the right to immediately terminate this Agreement should your marketing activity be found to have breached any sections of the LCCP or the other relevant marketing rules or requirements, as referred to in this section 4.11.
- You may only offer, on behalf of the Company, bonuses and promotions to players who are authorized and sanctioned by the Company, whereupon you have an obligation to ensure that the Company’s promotion/bonus header and terms and conditions for these bonuses and promotions use the 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 any losses suffered by the Company as a result of your non-compliance with the provision of this section 4.12, by way of an offsetting of any commission owed to you or by other means.
5. Affiliate Earnings & Payments
- Please take note that credit shall not be issued to any affiliate.
- If you have opted for the Cost Per Acquisition (CPA) model, your earnings are on a per-player basis and is subject to actual playing for real money (after deposit and without chargeback), whereupon withdrawal without playing or disproportionate chargeback by the affiliate's referred players may result in the disqualification of the affiliate’s entitlement to the CPA earnings and will be decided upon at the Company’s own discretion.
- Your affiliate earnings are personal to you and you shall have no claim to other affiliate earnings or any form of compensation on any business secured by or through persons or entities other than you. You cannot withdraw payments for or on behalf of another third party.
- The Company reserves the right to amend the structure of any affiliate earnings (or any part thereof) at any time and from time to time, for any reason it deems fit.
- All affiliate earnings will be paid to your designated affiliate account as detailed in your affiliate signup form, in the available currency of our choice. Multiple payment methods are available and we will use reasonable endeavours to accommodate your preferred payment method. Please note that in the event of a systems or technical malfunction leading to an incorrect balance showing on an affiliate's account, the Company reserves the right to manually correct this error and pay the affiliate the correct sum. In such situations, the affiliate will be kept fully informed during this process.
- 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 designated account.
- In the event that we detect and/or are made aware of any activity to constitutes fraudulent traffic, or that otherwise contravenes this agreement, then at 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 earnings.
- If you disagree with the reports or amount payable, do NOT request or accept payment for such amount and immediately address us with a written notice of your dispute. Depositing of payment check, acceptance of payment transfer and/or acceptance of other payment from us by you will be deemed as a 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.
- Payment requests shall be processed on the 10th or 20th of the following month in which the traffic was generated. Affiliates wishing to withdraw funds should request a withdrawal from the get88* system between the 1st and 5th of each month. Any requests between the 6th and 15th will be completed in the second payment run. If we suspect the terms and conditions have been breached or if there is any occurrence of fraudulent traffic, the payment request may be stalled, pending an 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: (i) a satisfactory explanation, and/or (ii) evidence that legitimizes dealings, funds remaining in your account will be removed and your account closed.
- You shall comply with all applicable laws and any policy determined by us, through our site or otherwise, in relation to money laundering and/or suspicious transactions.
- All affiliates shall be solely responsible for paying any taxes on their affiliate earnings under the laws applicable to them.
- If you wish to offer any incentives to potential players, you are required by us to receive a written approval prior to the commencement of any such activity. In the event that you do not receive such approval but proceed to offer such incentives, we reserve the right to cancel your participation in the program, and refuse payment of any previously earned, but unpaid, commissions.
- Negative Carryover bring forward one(1) month: In case your balance under a Revenue Share Payment Plan in any given month is negative due to Customer winnings and/or Non-Cash Items and/or Cash Items and/or Progressive Contributions, said balance will be bring forward one(1) month and the following month will be reset to zero.
- 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 we do not receive the requested verification documentation(s) for a continuous period of 180 days from when the request is first made, then the funds remaining in your account will become dormant, at which point funds remaining in your account will be removed.
- 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, at which point funds remaining in your account will be removed.
- In the case of Revenue Share deals, if no gaming revenue is generated for a continuous period of 180 days, your account will become dormant, at which point funds remaining in your account will be removed.
- If funds remain in your account for a continuous period of 180 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.
- We will track and report player activity for the purpose of calculating your affiliate earnings. The form and content of the reports may vary from time to time at our sole discretion. At your own initiative and timing, you can 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
- 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 as necessary to further the purposes of this agreement. Your obligations with respect to confidential information shall survive the termination of this agreement.
- If necessary, the Company reserves the right to inform a player that they are under an affiliate.
- In compliance with regulatory requirements, nothing in this agreement shall prohibit or restrict the Company from reporting the details of any affiliate or transaction herein and hereunder to any applicable regulator.
- The Company may disclose certain information to third parties, such as information relating to your agreement with us and other information disclosed by you to us, in as 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, facilitation of the opening of new accounts, customer services and fraud prevention for services provided through our website and/or ii) to any auditors, contractors or other advisers auditing any of the Group’s business processes.
8. Term, Termination, and Consequences
- This agreement will take effect when you indicate your acceptance of these terms and conditions via the submission of the affiliate signup form and will continue until terminated, in accordance with the terms of this agreement.
- You may terminate this agreement, with or without cause, via a written notice that is addressed to us. You can send this written notice via email to [email protected]
- We may terminate this agreement, without cause and at any time, upon written notice to you. We may send such written notice via email or by fax to the email address or fax number that you have provided us in the affiliate signup form.
- For the avoidance of doubt, termination of the agreement will automatically end your participation in the entire Company affiliate network and will also result in the automatic revocation of all privileges and licenses granted hereunder. In particular:
- You shall stop promoting the sites. Additionally, all rights and licenses given to you under this agreement will be terminated immediately.
- You shall return all confidential information and cease use of any of the brands and marketing materials (including deleting and purging the same from your computer systems).
- 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 agreement.
- You warrant and undertake that:
- You have made an independent evaluation of the desirability of marketing the sites and services.
- You have made an independent evaluation of the laws that apply to your activities and believe that you are able to participate in the Company affiliate network without violating any of the stipulated rules or laws.
- You are solely responsible for any and all activities that occur involving 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 authorized by or known to you or otherwise.
- 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 site(s).
- 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 foregoing.
- The players that you refer to the Company are of a legal age under the laws that are applicable to them with regards to their use of the Company’s services.
- The players that you refer to the Company comply with the Company’s stipulated general terms and conditions, even as they may be modified from time to time.
- 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 other such 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.
- You shall not conduct criminal and/or otherwise unlawful or unauthorized activities and/or allow your account that was opened with us to be used for any criminal or otherwise unlawful activities including, but without limitation to money laundering, under any law applicable to you or us.
- The contents on your website(s) do not infringe any third party's intellectual property rights.
- The contents and offerings on your website (including the manner of offering the same) are consistent (and will continue to be consistent) with the Company’s general terms & conditions as may be modified from time to time.
- You shall only use the affiliate area, site, services, brands, and marketing materials in accordance with the express terms of this agreement.
- You shall defend, indemnify, and absolve our directors, employees, and representatives from and against any and all liabilities, losses, damages, and costs, including legal fees that may result from, arise as a result of, or that is 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 you or your referred player, or, (e) any injury caused directly or indirectly by your negligence or intentional acts or omissions, or the unauthorized use of the affiliate area, sites, services, brands, marketing materials, and the Company affiliate network in general.
- In each instance of breach or non-compliance of agreement, in addition to any other remedy that we may have under these terms and conditions or applicable law, including the 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/or to terminate your affiliate agreement with us.
11. Disclaimers and Limitation of Liability
- 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 HARDWARE.
- We may, at 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.
- 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.
- 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.
- The Company does not accept liability for the content or accuracy of any external websites.
- All notices pertaining to this agreement will be delivered to you from us via email to the email address (or other such contact address) provided by you in the affiliate signup form (or as subsequently updated by you to us in the event of any changes). Any notice sent by email shall be deemed received and acknowledged twenty-four (24) hours from the time of transmission.
- 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 stipulated and set out in this agreement.
- You understand that we may at any time (directly or indirectly), enter into marketing terms with other affiliates on either similar 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 redirect traffic and users from any of the sites to any other online site that we deem appropriate, at our sole discretion, without any additional compensation to you.
- 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 purported assignee.
- This agreement (including any variation or modification thereto) shall be deemed executed in Gibraltar and shall be governed by and construed in accordance with the laws of Gibraltar without giving effect to conflicts of law principles. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Gibraltar 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.
- 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 thereof.
- 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.
- 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 agreement.
- 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.
- 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, it being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.