TERMS AND CONDITIONS
1. This 777crypto.bet Affiliate Program agreement, including any appendices (the ‘Terms’ or the “Program”), is the official Affiliate Program for 777crypto.bet, is made by and between BlockBit N.V. (Commercial register of Curaçao no.17231392, Abraham de Veerstraat 9, Curaçao) under a sublicense CIL pursuant to Master gaming License #365/JAZ and any person or entity executing the registration form (the ‘Registration Form’) located at 777crypto.bet. (the ‘Affiliate’ or ‘You’).
2. By executing the Registration Form, You are deemed to have agreed to be bound by all the terms and conditions set out in this Agreement as may be amended from time to time.
3. Please read the terms and conditions of this agreement carefully before executing the registration form.
4. We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly.
5. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
6. We strongly recommend You check the Terms and Conditions from time to time to make sure that you remember all the provisions, agree with them, and accept them.
7. 777crypto.bet reserves the right, under its sole and absolute discretion, to reject the registration of any entity or person to the Program, including in the event that such entity is a person under the age of 18 or is defined as minor that has not yet reached legal age.
8. 777crypto.bet may elect to provide You with these Terms and Conditions and any other documentation, information, and communications in various languages. By accepting these Terms and Conditions (in any of these languages) You acknowledge and confirm that 777crypto.bet official language is the English language, and in the event of any discrepancy or inconsistency between any documentation, information, and communications in any language other than the English language and the same in the English language, the English documentation, information and communications shall exclusively prevail.
DEFINITIONS
1. “Affiliate” means you, a natural person or entity, who applies to participate in the Affiliate Program.
2. “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by the Company.
3. “Affiliate Agreement” means
(i) all the terms and conditions set out in this document,
(ii) the terms and conditions of the Commission Structures applicable to the different products and brands, and
(iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
4. “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
5. “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other third party website to Company Websites.
6. “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services, the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.
7. “Affiliate Wallet” means an online wallet in the name of the Affiliate into which the Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement.
8. “Affiliate Website” means any website which is maintained, operated, or otherwise controlled by the Affiliate.
9. “Company” shall mean our Company and any other company within our group, including our parent companies, their parent companies, and all of the subsidiaries of these respective companies.
10. “Company Websites” means the website https://777crypto.bet or other such websites as may be added to this Affiliate Program from time to time.;
11. “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, based on the individual Commission Structure.
12. “Commission Structures” means any specific reward structures expressly agreed upon between Company and the Affiliate.
13. “Confidential Information” means any information of whatever nature, which has been, or may be, provided by the Company whether oral, in writing, or in electronic form, including, without limitation, business or financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers, and users of Company Websites, marketing plans, marketing concepts, structure, payments and manners of operation and any other materials containing, reflecting, or generated from any such information.
14. “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, logos, designations, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature, owned by or licensed to the Company.
15. “Net Gaming Revenue” or “NGR” means all monies received by Company from New Customers as placed bets, less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to New Customers referred to Company Websites by the Affiliate Website(s).
16. “New Customer” means a new, first-time customer of the Company (is not a prior or existing customer/player), who is at least 18 years old and made a first deposit amounting to at least the applicable minimum deposit at the Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites’, is subject to the Company's verification. This excludes the Affiliate, its employees, acquaintance, relatives, and friends.
17. “Parties” means Company and the Affiliate (each a “Party”).
18. “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
AFFILIATE OBLIGATIONS
1. Registering as an Affiliate
To become a member of our Affiliate Program you must accept these Terms and Conditions by ticking the respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. You will provide any documentation required by Company to verify the Affiliate Application and to verify the information before the submission and the Affiliate Application and at any time during the term of the Affiliate Agreement. This documentation may include but is not limited to bank statements, statutory and other corporate documents, individual or corporate identity papers and proof of address, etc. After verification of the Affiliate Application, the Company will create for each Affiliate an Affiliate Account. Affiliate Account will reflect the calculations between the Partners based on which payments will be conducted. By submitting an application, you represent and warrant that:
a) the information provided in your Affiliate Application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct;
b) you have not already registered as an Affiliate (only one Affiliate Account is permitted per person);
c) you are at least 18 years of age, legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual, or other restriction against your participation in the Affiliate Program in accordance with these Terms and Conditions; and
d) in the event that you are registering on behalf of a company, you have the full right, power, and authority to enter into these Terms and Conditions on behalf of the company.
e) you are in compliance and shall comply with all applicable laws and regulations.
2. We will, at our sole discretion, determine whether or not to accept an Affiliate Application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate Application has been successful.
3. Affiliate login details
It is your sole obligation and responsibility to ensure that login details for your Affiliate Account are kept confidential and secure at all times. Any unauthorized use of your Affiliate Account resulting from your failure to adequately guard your login information shall be your sole responsibility, and you remain solely responsible and liable for all such activity occurring under your Affiliate Account user ID and password (whether such activity was undertaken by you or not). It is your obligation to inform us immediately if you suspect illegal or unauthorized use of your Affiliate Account.
4. Affiliate Program Participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering, or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise, market, and promote the Company Websites in accordance with the Affiliate Agreement and Company’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way harm the Company’s reputation or goodwill. You may link to the Company Website’s using the Affiliate Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf.
5. Affiliate Website
5.1. You will be solely responsible for the development, operation, and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws, including General Data Protection Regulation (GDPR, if applicable), and functions as a professional website.
5.2. You will not present the Affiliate Website in such a way that it may cause confusion with the Company Websites, or so that it may give the impression that it is owned or operated by Company.
5.3. The Affiliate Website will not contain any defamatory, libelous, discriminatory, or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory, or pornographic materials or content that would be unlawful in the target country).
5.4. You will not target any person who is under the legal age for gambling and shall not provide facilities for gambling which are meant to appeal particularly to children or young people.
6. Valid traffic and good faith
6.1. You will not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly (for example by using associates, or family members, also the Affiliate is forbidden to register its own player account with the Company through its Affiliate links, as well as to conspire with other parties.). Such behavior shall be deemed as fraud, thereby no Commission shall be payable in relation to such, and the Company reserves the right to revise the terms of cooperation with the Affiliate and may close the Affiliate Account.
6.2. You will also not attempt to benefit from traffic not generated in good faith (namely, deception of New Customers/players/users, and misleads – are forbidden). If you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse (bonus hunter), money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this.
6.3. You hereby recognize that any New Customer found to be a bonus abuser (bonus hunter), money launderer, or fraudster or who assists in any form of affiliate fraud (whether notified by you or later discovered by us) does not count as a valid New Customer under the Affiliate Agreement, and thereby no Commission shall be payable in relation to such New Customers.
6.4. You hereby recognize that if there is a high percentage of bonus abusers (bonus hunters) in the traffic, then the Company has the right to review the cooperation individually and to reduce the Commission.
7. Unsuitable websites
You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured, sources the content of which is drug, tobacco or alcohol related, including pharmaceutical or prescription drugs, sources the placement of advertising materials on which is likely, or could reasonably be viewed as likely, to tarnish or damage the reputation of the Company.
8. Affiliate Links
8.1 The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website. You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to the Company’s Websites) is also prohibited.
8.2 Email and SMS marketing If sending any emails or SMS communications to individuals which
(i) include any of the Company’s Intellectual Property Rights; or
(ii) otherwise intend to promote Company Websites, you must first obtain our permission to send such emails. If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company.
9. Use of Company Intellectual Property Rights
9.1. Any use of the Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in the clause below.
9.2. You will not register domain names, as well as search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service, or other referral service which are identical to any of the Company’s intellectual property or otherwise include the Company’s intellectual property.
10. Approved creative
10.1. You will not use any advertising layout or creative (including banners, images, logos) incorporating our Intellectual Property Rights unless the advertising layout or creative was provided to you by the Company or (if advertising layouts are created by you) without the advance written approval of the Company. You will not modify the appearance of any advertising that has been provided to you or for which approval was granted.
10.2. You will not copy the text content of the affiliate program and the content of the affiliate brands, you need to rewrite the text content. You will not use the affiliate program’s promo to advertise third-party brands.
10.3. It is your responsibility to seek approval from the Company in time for the launch of any advertising campaign or creative, to ensure you have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
11. Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on the Company Websites.
12. Responsible Gaming
The Company has an ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
13. Illegal activity
You will not target any territory or jurisdiction where gambling is illegal. You will act within the relevant and/or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise. The Affiliate acknowledges that promoting Swedish market resources and using the Swedish language is subject to legal restrictions in Sweden. Such actions will be considered a breach of general terms & conditions and will lead to immediate account closure if disclosed.
14. Data Protection and Cookies.
You shall at all times comply with the General Data Protection Regulation (GDPR, if applicable) and any existing or new data protection acts, regulations, or laws applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
15. Cost and expense.
You shall be solely responsible for all risks, costs, and expenses incurred by you in meeting your obligations under the Affiliate Agreement.
16. Company monitoring of Affiliate activity.
You will immediately give Company all such assistance as is required and provide us with all such information as is requested by the Company to monitor your activity under the Affiliate Program.
17. Commissions paid incorrectly.
The Affiliate agrees to immediately upon request by Company, return all Commissions received based on New Customers referred to Company in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.
AFFILIATE RIGHTS
1. Right to direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by persons or entities other than you.
2. Licence to use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable license, during the term of this Affiliate Agreement, to use the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by Company. This license cannot be sub-licensed, assigned, or otherwise transferred by you.
3. Сustomers’ Personal Data For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of the Company’s customers.
COMPANY OBLIGATIONS
1. We shall use our best efforts to provide you with all materials and information required for the necessary implementation of the Affiliate Links.
2. At our sole discretion, we will register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
3. We shall make available monitoring tools that enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
4. We shall use and process the following personal data of an Affiliate or any Affiliate employee, as follows: your username for logging in, your email address, name, date of birth, your country and address, telephone number, and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship.
5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with the Payment and Commission structure.
COMPANY RIGHTS AND REMEDIES
1. In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
a) the right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Affiliate Agreement. During such a period of suspension payment of Commissions will also be suspended;
b) the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content, or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
c) the right to withhold from the Commission monies which Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
d) immediately terminate the Affiliate Agreement;
e) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Affiliate Agreement. Our rights and remedies detailed above shall not be mutually exclusive.
PAYMENT
1. The Company agrees to pay the Affiliate a commission based on the Net Revenue generated from new customers referred by the Affiliate’s website and/or other channels. New customers are those customers of the Company who do not yet have a betting account and who access the Website via the tracking link and who properly register and make real money transfers at least equivalent to the minimum deposit into their 777crypto.bet account. The commission shall be deemed to be inclusive of value-added tax or any other tax if applicable.
2. The commission shall be a percentage of the in accordance with what is set out in the commission structures for the particular product. The calculation is product specific and it is set out in every product-specific commission structure.
3. The commission is calculated at the end of each month and payments shall be performed by the 10th of each calendar month, provided that the amount due exceeds 50 USDT or its equivalent in other available currencies (minimum threshold). If the balance due is less than the minimum threshold, it shall be carried over to the following month and shall be payable when it collectively exceeds the minimum threshold.
4. Payment of commissions shall be made as per the payment method chosen by the Affiliate in the affiliate account. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
5. Acceptance of payment by the Affiliate shall be deemed to be full and the final settlement of the balance due for the period indicated.
6. If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company to [email protected] and indicate the reasons for such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered an irrevocable acknowledgment of the balance due for the period indicated.
7. The Company may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the Terms and Conditions.
8. No payment shall be due when the traffic generated is illegal or contravenes any provision of these Terms and Conditions.
9. The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
10. For the sake of clarity the parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out.
11. At the sole discretion of the Company the Affiliate may be given the opportunity to restructure its commission structure. Examples of alternative revenue sources could include a Cost Per Acquisition (CPA) model. The Company hereby states to the Affiliate that only one type of revenue structure may be applied and it shall not be possible for two different revenue structures to co-exist, unless upon mutual agreement.
12. The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges, and any other money payable or due both locally and abroad (if any) to any tax authority, department, or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.
COMMISSION STRUCTURE
1. Commissions are paid out as a percentage of the Net Revenue.
1.1. The Net Revenue (applying to all products) is defined as:
a) For Fast Games, Casino and Live Casino = Gross Revenue – Player Game Wins – 20% Admin Fee (Administrative Costs, Payment Costs, Bonus Costs (15% from slots) and Jackpot Contributions)
The Net Revenue Share percentage is determined by the amount of new First Time Depositor customers referred by the affiliate within the month the commission is paid for.
Tier system according to First-Time Depositors (FTD)
Tier 1: 0-5 FTDs, 25%
Tier 2: 6-15 FTDs, 30%
Tier 3: 16-30 FTDs, 35%
Tier 4: 31-50 FTDs , 40%
Tier 5: 51+ FTDs, 45%
To be considered as FTD, each player must deposit a minimum of 10 USDT or its equivalent in other available currencies and bring at least 1 new high-value depositing player who deposits more than 50 USDT or its equivalent in other available currencies. The commission earned when reaching a tier will apply to all customers, also those referred to reach that tier.
Tier system according to Net Gaming Revenue Share (NGR)
Tier 1: 0 - 1,000 USDT, 20%
Tier 2: 1,001 - 2,500 USDT, 25%
Tier 3: 2,501 - 5,000 USDT, 30%
Tier 4: 5,001 - 10,000 USDT, 35%
Tier 5: 10,001+, 45%
To be considered eligible for withdrawing commission, the Affiliate must have at least 5 active wagering players for the month. The user is considered active if they have created an account via the affiliate link, deposited at least the minimum amount, and wagered in casino games.
Tier system according to Sub-affiliate Share
Tier 1: 0 - 5, 1%
Tier 2: 6 - 10, 2%
Tier 3: 11 - 15, 3%
Tier 4: 16 - 20, 4%
Tier 5: 21+, 5%
The Sub-affiliate system depends on the number of affiliates introduced.
b) For Sports Betting and Virtual Sports = Gross Revenue – Player Game Wins – 20% Admin Fee (Administrative Costs, Payment Costs, Bonus Costs, and Jackpot Contributions)
There is no tier system for Sports Betting and Virtual Sports. A flat rate of 10% will be applied for these products.
c) The Administrative Costs is a value that contains the License Fee, Game Provider Fee, and Platform Fee.
d) Bonuses in this case means Paid Bonuses to the customer, not Granted Bonuses. The difference is that a Paid Bonus is a type of bonus money where the customer has actually reached the wagering requirement and/or physically received the funds in his/her real money wallet.
1.2 In the event of a Qualified Player winning money and the Revenue Share in a particular month becomes negative, a negative balance will be carried forward into the following month or into successive months.
HIGH ROLLER POLICY
1. Negative commissionable revenue generated in any given month by each New Customer whom the Company determines to be a “High Roller” will be carried forward and offset against future commissionable revenue generated by such New Customer referred by the Affiliate until such negative commissionable revenue is cleared. The High Roller Policy will be applied under the following conditions:
2. New Customer referred by a particular Affiliate generates a negative commissionable revenue of at least USDT 3,000 or its equivalent in other available currencies and the aggregate commissionable revenue in that month for that Affiliate is negative, then such Customer shall be deemed to be a High Roller.
3. If both above criteria are met, then the negative commissionable revenue generated by the High Roller will be carried forward and offset against future commissionable revenue generated by that High Roller.
4. The negative balance carried forward cannot be set off against other New Customers’ positive commissionable revenue.
5. If there is more than one High Roller, the negative balance carried forward will be split proportionally between them.
6. The negative balance of a High Roller will be reduced by future positive commissionable revenue that they generate in subsequent months.
7. If a Negative commissionable revenue generated by a High Roller is cleared, the High Roller Policy will not be applied to such New Customer from the next calendar month onwards, until the player meets the definition of a “High Roller” again.
8. The High Roller policy will not be applied to periods for which payment has already been made to the Affiliate.
CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program, correspondence with Company`s representatives). You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for the purposes of the Affiliate Agreement. Your obligations in regard to this clause survive the termination of this Agreement. In addition, you must not issue any press release or similar communication to the public concerning your participation in the Affiliate Program without the Company's prior written consent (with approval of the exact content to also be approved by the Company).
TERM AND TERMINATION
1. Term
The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this case, the Agreement will be terminated 30 days after such notice is given. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Company may terminate the Affiliate Agreement upon immediate notice at any time for the following:
1.1. Affiliate’s material breach of its obligations under this Affiliate Agreement or Insertion Order hereof;
1.2. Affiliate’s willful acts related to fraudful traffic or any other fraudulent acts in the course of performance of its obligations hereof.
2. Affiliate actions upon termination
Upon termination, you must stop advertising the Affiliate Program and its brands, as well as remove all promotional materials and creatives that were used for familiarization, PR, and other methods of delivering information to potential and current users of the Affiliate Program and its services, brands, web resources. You must immediately remove all Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites. All rights and licenses given to you in the Affiliate Agreement shall immediately terminate. You will return to the Company any confidential information and all copies of it in your possession and control, and will cease all uses of all Company Intellectual Property Rights.
3. Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to the Company during the term shall not be payable to the Affiliate as from the date of termination. Upon termination, the Company may withhold the final payment of any Commission otherwise payable to the Affiliate for up to 90 days to ensure that the correct amount of Commission is paid. Any such withheld Commission shall be paid within these 90 days.
MISCELLANEOUS
1. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about the Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality, or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate. The Affiliate Program can change the rules at any time without notification (timely notification) of users. The Partner, accepting the terms of the Affiliate Program, confirms that he is 18 or more years old. The Affiliate Program reserves the right to refuse cooperation to this or that Partner without explaining the reasons and may suspend cooperation until questions related to the Partner are clarified. The Affiliate Program reserves the right to block a partner's account for libel and insults, including towards the support service or the administration of the affiliate program.
2. Indemnity and Limitation of Liability
You shall indemnify and hold Company, our directors, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including legal fees, resulting from or in any way connected with
(a) any breach by you of any provision of the Affiliate Agreement,
(b) the performance of your duties and obligations under the Affiliate Agreement,
(c) your negligence or
(d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our creatives and links or this Affiliate Program. The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
3. Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
4. Relationship of Parties
The Company and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.
5. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
6. Assignability
You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
7. Severability
If any provision of the Affiliate 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 the Affiliate Agreement or any provision hereof.