1.1. “Affiliate” means you, the person or entity, who applies to participate in the
Affiliate Program.
1.2. “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.
1.3. “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.
1.4. “Affiliate Application” means the application made by the Affiliate to participate
in the Affiliate Program.
1.5. “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the
Affiliate Website(s) or any other any third party website to Company Websites.
1.6. “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.
1.7. “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;
1.8. “Affiliate
Website” means any website which is maintained, operated or otherwise controlled by the
Affiliate.
1.9. “Company” shall mean by 50 Partners Media Group Limited and any other company
within our group of, including our parent companies, their parent companies and all of
the subsidiaries of these respective companies.
1.10. “Company Websites” means the
website www.50crowns.com or other such websites (including mirror websites) as
may be added to this Affiliate Program from time to time;
1.11. “Commission” means
the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New
Customer (CPA structure) as set out in the Commission Structures.
1.12.
“Commission Structures” means any specific reward structures expressly agreed between
the Company and the Affiliate.
1.13. “Confidential Information” means any
information of commercial or essential value relating to the Company such as, but not
limited to, 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 the Company Websites, marketing plans and
manners of operation.
1.14. “Gross gaming revenue” or “GGR” means the amount equal
to all the money Customers wager minus the all the sums that they win.
1.15.
“Intellectual Property Rights” means any copyrights, trademarks, service marks, domain
names, brands, business names, and registrations of the aforesaid and/or any other
similar rights of this nature.
1.16. “Net Gaming Revenue” or “NGR” means all
monies received by the 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
the Company Websites by the Affiliate Website(s).
1.17. “Net Gaming Revenue
(clean)” or “NGRc” – shall mean NGR – (minus) payments which are made to the Partners
and any related sum such as bank / payment comissions and taxes, if any.
1.18.
“New Customer” means a new, first-time customer of the Company who made a first deposit
amounting to at least the applicable minimum deposit at Company Websites’ player
account, in accordance with the applicable terms and conditions of Company Websites’.
This excludes the Affiliate, its employees, relatives and friends.
1.19. “Parties”
means the Company and the Affiliate (each a “Party”).
1.20. “Personal Data” means
any information relating to any person, whether individual or legal that is or may be
identified, directly or indirectly.
1.21. “Referral Link” is a link with a unique
identifier to a website belonging to a specific user.
2.1. Registering as 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.
2.2. 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. Besides, you shall not open more than one Affiliate Account without our
prior written consent. 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.
2.3. Affiliate Website. 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), and functions as a professional website. You will not present the
Affiliate Website in such a way so that it may cause confusion with the Company
Websites, or so that it may give the impression that it is owned or operated by the
Company. The Affiliate Website will not contain any defamatory, libellous,
discriminatory or otherwise unsuitable content (including, but not limited to, violent,
obscene, derogatory or pornographic materials or content which would be unlawful in
target country).
2.4. Valid traffic and good faith. You will not generate traffic
to the Company Websites by registering as a New Customer whether directly or indirectly
(for example by using associates, family members or other third parties). Such behaviour
shall be deemed as fraud. You will also not attempt to benefit from traffic not
generated in good faith. If you have any reasonable suspicion that any New Customer
referred by you is in any way associated to bonus abuse, money laundering, fraud, or
other abuse of remote gaming websites, you will immediately notify us of this. You
hereby recognise that any New Customer found to be a bonus abuser, 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.
In addition, the Company will not pay for inappropriate traffic, such as, for instance:
a)Fraud– all scamming activity including the use of other people’s payment details and
accounts, DDOS-attacks, inviting relatives and/or any methods that artificially generate
leads or new customers.
b) Motivated and scheme traffic– as well as cross-selling,
traffic from books (motivation traffic), with using a service in order to attract people
who do not want to play, but do it for money (while making minimum deposits, minimal
activity, do not return anymore etc).
c) Arbitrage style of playing (betting):
1) fork player – is a professional player who uses forks situations (forks) in
order to get a net profit for any outcome of a sporting event.
2) button player –
this is a player who uses various auto-instruments (programs, codes, etc.) that can make
bets in the absence of such a player, as well as using those outcomes for events, the
result of which is already known.
3) handicapper – this is a professional player
who, based on his own analysis, makes bets and beats the Company. You shall NOT, nor
shall You authorize, assist or encourage any third party to:attempt to intercept or
redirect (including via user-installed software) traffic from or on any website or other
place that participates in Our Affiliate Program, as well as, create websites using the
results of Our intellectual property such as, but not limited to brand, name, trademark,
logos, search tags, etc. In case of violation of this provision, the Company has the
right to withhold the amount of the commission due to be paid to the Affiliate in
proportion to the amount of losses incurred in result of such prohibited actions.
2.5. 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.
2.6. Affiliate Links. 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.
2.7. 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 the 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 the
Company.
2.8. Use of the Company Intellectual Property Rights. 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
clause below. You shall not undertake any activities in violation of the intellectual
property rights of 50 Partners Media Group Limited and the Company, including but not limited to:
brand bidding, registering or using any domains with confusingly similar names to the
Company Brands, copying the “look and feel” of our sites or software, using any the
Company marks, branding or logos except as expressly permitted by this Agreement, or
modifying any Marketing Material made available by 50 Partners Media Group Limited.
2.9.
Approved creative. 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. It is your responsibility to seek approval from the Company
in time for 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.
2.10. 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.
2.11. Responsible Gaming. The Company has 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.
2.12. Illegal activity. You will not target any territory or
jurisdictions 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 on Netherlands market resources and using Dutch language is subject to legal
restrictions in Netherlands. Such actions will be considered as a breach of these Terms
and Conditions and will lead to the immediate Affiliate Account closure if disclosed.
2.13. Data Protection. and Cookies You shall at all times comply with the General
Data Protection Regulation (GDPR) and any existing or new data protection acts,
regulations or law applicable to your territory. This includes all applicable
legislation and/or regulations relating to the use of ‘cookies’.
2.14. Cost and
expense. You shall be solely responsible for all risk, costs and expenses incurred by
you in meeting your obligations under the Affiliate Agreement.
2.15. Company
monitoring of Affiliate activity. You will immediately give the 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.
3.1. 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.
3.2. License 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.
3.3. Players’ 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 Company’s customers.
4.1. We shall use our best efforts to provide you with all materials and information
required for necessary implementation of the Affiliate Links.
4.2. 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.
4.3. We shall make available monitoring tools which enable
you to monitor your Affiliate Account and the level of your Commission and the payment
thereof.
4.4. 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.
4.5. Subject to your strict adherence
to the Affiliate Agreement, we shall pay you the Commission in accordance with paragraph
6.
5.1. 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:
(а) 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 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 the Company deems reasonable to cover any indemnity given by the
Affiliate hereunder or to cover any liability of the Company which arises as a result of
the Affiliate’s breach of the Affiliate Agreement;
(d) the right to transfer
structure of payments to Affiliate from CPA into Revenue Share with immediate effect in
case of poor quality of traffic (e.g. average number of deposits per a New Customer is
1,5 or lower during the first two weeks and most of such deposits are close to minimal);
(e) immediately terminate the Affiliate Agreement;
(f) 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 in accordance
with clause 9.1.
5.2 In case of the Affiliate’s breach of a listing deal the
Company has the right to withhold any amount (including revenue share / CPA / another
listing deal) due to the Affiliate. The breach may include any of the following:
1) Affiliate did not provide listing of the Company’s advertising materials within
the specified period;
2) The Affiliate Website, on which the listing was agreed,
does not work;
3) The Affiliate listing the Company’s advertising materials in a
lower position than was agreed by the Parties. The withhold mentioned hereabove shall be
done proportionally for each day of the breach.
5.3 Our rights and remedies
detailed above shall not be mutually exclusive.
6.1. Subject to your adherence to the provisions of the Affiliate Agreement, you will
earn Commission in accordance with the Commission Structure. We retain the right to
change the Commission percentage and method of calculation of Commission in accordance
with this paragraph.
6.2. The Commission is calculated at the end of each month
and payments shall be made on a monthly basis in arrears, not later than the 15th of the
following calendar month. Payments via invoices are paid till 25th of the month for the
previous payment period.
6.3. Payment of Commission will be made through our
Affiliate Wallet. Due to existing regulations, Affiliates may be required for
verification and “know your customer” documentation before a withdrawal can be accessed.
6.4. A minimum amount of €100 may be withdrawn from the Affiliate Wallet at one
time (any payment method excluding bank transfer which minimum withdrawal amount equals
to €500).
6.5. If an error is made in the calculation of the Commission, the
Company has the right to correct such calculation at any time and will immediately pay
out underpayment or reclaim overpayment made to the Affiliate.
6.6. The Affiliate
may, at the Company’s sole discretion, be provided with the opportunity to restructure
its commission structure.
6.7. The Affiliate’s acceptance of a Commission payment
shall constitute the full and final settlement of the balance due for the relevant
period. In case the Affiliate disagrees with the balance due as reported, he or she
shall notify the Company within fourteen (14) calendar days and clearly state reasons of
the disagreement. Failure to notify the Company within this time limit shall be
considered as an irrevocable acknowledgment of the balance due for the relevant period.
6.8. The Commission shall be deemed to be exclusive of value added tax or any
other applicable tax. The Affiliate shall have the sole responsibility to pay any and
all taxes, levies, charges and any other money payable or due to any tax authority,
department or other competent entity as a result of the compensation generated under the
Affiliate Agreement.
6.9. A CPA is paid to an affiliate for each player whose bet
amount at least equals the amount of the established CPA or the equivalent in other
currencies, if the transaction does not have an additional conditions such as baseline
or others.
6.10 In case of the Company provides the Affiliate with any funds under
the terms (and for the purposes) of this Agreement the Affiliate hereby understands and
confirms that he is not a Player. According to this, the Affiliate cannot demand
withdrawal of funds provided by the Company and held by the Affiliate on his player’s
account, in accordance with the rules applicable to the Player (i.e. withdrawal of any
funds held by the Affiliate on his player’s account is impossible.
7.1. Your percentage depends on last month’s FTD:
FTD 0 = 25% from NGR
FTD
1-5 = 30% from NGR
FTD 6-10 = 35% from NGR
FTD 11-20 = 40% from NGR
FTD 21-30 = 45% of NGR
FTD 31 and more = 50% of NGR
* FTD = First time
deposit
* NGR = GGR x 80% – bonuses awarded – manual 50crowns bonus – 5% x (deposits
+ withdrawals)
7.2. In case of Sub – Affiliate deals. Sub-Affiliate shall be
entitled to receive 2 % from personal NGRc of all Affiliates of such Sub-Affiliate,
which is calculated, according to the following formula:NGRc = NGR – (minus) payments
which are made to the Partners and any related sum such as bank / payment comissions and
taxes, if any.
7.3. A negative balance on one brand does not affect a positive
balance on another brand. Payments are made for each brand separately and they are not
bundled. FTD for the payment are summarized from all brands you work with.
If the
Affiliate’s account in the current accounting period has a negative balance up to 10.000
Euros, it will not be carried over to the next accounting period. Negative balance more
than 10.000 euros is carried over to the next accounting period deducting this 10.000
euros. In other words, 50 Partners Media Group Limited covers Affiliates’ financial risks up to
10.000 euros.
If the Affiliate’s account in the current accounting period (from
the first day of the month till the last day of the month) has a negative NGR under his
own activity (Affiliate’s NGR), such as negative NGR would be carried over on the next
month with the following rules (brackets used to denote negative sign):
0 >
Affiliate’s NGR >= (10,000) EUR | Such as negative NGR would NOT be carried over for the
next accounting period
(10,000) EUR > Affiliate’s NGR | Such as negative NGR would
be carried over for the next accounting period plus (compensated by the Company) 10,000
EUR
For example, Affiliate promotes 3 Brands and at the end of the accounting
period has the following statistic:
Brand 1 | NGR (13,000) EURBrand 2 | NGR 4,000
EURBrand 3 | NGR (3,000) EUR
Then at the beginning of the next accounting period
Affiliate would have the following information about promoted brands:
Brand 1 |
NGR (3,000) EUR, where 10,000 EUR were compensated and was not carried overBrand 2 | NGR
0 EUR, as usual at the beginning of the accounting periodBrand 3 | NGR 0 EUR, where
3,000 EUR were compensated and was not carried over
Moreover, as mentioned above,
payouts for Brands do NOT sums. E.g. if Affiliate has a revenue share 50% terms, he
would gain:0 EUR for Brand 1;2,000 EUR (4000 * 50% = 2000) for Brand 2;0 EUR for Brand
3.
8.1. 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). 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 regards to this paragraph survive the termination of this Agreement. In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company (with approval of the exact content to also be approved by the Company).
9.1. 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 7 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. For the avoidance of doubt, the Company may also terminate (in accordance
with Clause 5.1(c) above) upon immediate notice at any time for the Affiliates failure
to meet their obligations under the Agreement or otherwise for the Affiliate’s
negligence.
9.2. Affiliate actions upon termination. Upon termination you must
immediately remove all of the 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.
9.3. 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.
10.1. 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.
10.2. Indemnity and Limitation of Liability. You shall
indemnify and hold the 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.
10.3. 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.
10.4. 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.
10.5. 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 labour disputes, strikes, industrial disturbances, acts of God, acts
of terrorism, floods, lightning, utility or communications failures, earthquakes or
other casualty. 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.
The following circumstances / events shall be considered as Force Majeure:
(a) closing any geo (jurisdiction) as market previously permitted / allowed /
available to work with / at by any competent authority act / decision directly
restricting / forbidding usual business activity;
(b) closing any payment method
used for processing at least 75% of payments to / from Customers (withdrawals / deposits
/ bets) by decision of a financial institution / competent authority;
(c)
revocation of a 50crowns / betting website operator’s license by decision of a competent
authority / license holder (licensor);
(d) other similar circumstances / events
not specified above substantially affecting normal business processes and / or
substantially increasing expenses of the Company.
In case of circumstances /
events specified in sub-clauses (a)-(d) of this Clause the Company may (but not obliged
to) transfer structure of payments to Affiliate from CPA into Revenue Share with
immediate effect. Such decision shall be subject to sole discretion of the Company.
10.6. Assignability. You may not assign the Affiliate Agreement, by operation of
law or otherwise, without our prior written consent.
10.7. 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.
10.8. English language. The Affiliate Agreement was first
drafted in English. Should there be any conflict or discrepancy between the English
language version and any other language, the English version shall prevail.
10.9.
Modification of Terms & Conditions. We may modify any of the terms and conditions
contained in the Affiliate Agreement or replace it at any time and in our sole
discretion by posting a change notice or a new agreement on our site. Modifications may
include, for example, changes in the scope of available Commissions and Affiliate
Program rules. If any modification is unacceptable to you, your need to terminate the
Affiliate Agreement. Your continued participation in our Affiliate Program following our
posting of a change notice or new agreement will constitute binding acceptance of the
modification or of the new agreement.
10.10. This Terms and Conditions shall be
governed by and interpreted in accordance with the laws of the Cyprus, without giving
effect to the rules respecting conflict of laws.
10.11. The place of Jurisdiction
is arbitral tribunal in Cyprus Eurasia Dispute Resolution and Arbitration Center
(CEDRAC).