This Agreement (“Affiliate Agreement”) sets out the terms and conditions between you (“Affiliate,” “you”) and https://royal.partners (“Company,” “we,” “us”), which operates the Royal Partners Affiliate Program (“Affiliate Program”).
By submitting the registration form for the Affiliate Program, and by accessing or using any of our marketing tools, or by accepting any reward, bonus, or commission offered under it, you are deemed to have read, understood, and agreed to this Affiliate Agreement.
We may modify this Affiliate Agreement from time to time. While we will use reasonable efforts to notify you of any such changes, it remains your responsibility to review this Affiliate Agreement regularly for updates. Your continued participation in the Affiliate Program constitutes your acceptance of the revised Affiliate Agreement. The Company will also notify partners of any changes to the Affiliate Agreement by email.
If you have any questions or concerns about the Affiliate Program, please email us at [email protected].
1. Definitions
In this Affiliate Agreement, the following expressions shall, unless the context otherwise requires, have the following meanings:
1.1. Affiliate means you, being the person or legal entity applying to participate in the Affiliate Program.
1.2. Affiliate Account means the account established for the Affiliate following approval of their Affiliate Application to participate in the Affiliate Program.
1.3. Affiliate Agreement means:
- all the terms and conditions set out in this document;
- the terms and conditions of the Commission Structures applicable to the different products and brands;
- any other rules or guidelines of the Company and/or the Company Websites made known to the Affiliate from time to time.
1.4. Affiliate Application means the application submitted by the Affiliate to participate in the Affiliate Program, available at https://royal.partners/partner/login.
1.5. Affiliate Fee means the amount payable to the Affiliate based on the results and performance of their referred Customers under the selected Remuneration Plan, calculated solely and exclusively on the information and metrics of the Affiliate Program.
1.6. Affiliate Links means hyperlinks used by the Affiliate to direct traffic from the Affiliate Website(s) or any third-party website to the Company Websites.
1.7. Affiliate Program means the collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company Websites and creates Affiliate Links from the Affiliate Website(s) to the Company Websites. For such services, the Affiliate is paid a commission depending on the traffic generated, subject to the terms of this Affiliate Agreement and the applicable product-specific Commission Structure.
1.8. Affiliate Wallet means an online wallet in the name of the Affiliate into which the Company pays commissions and any other payments due to the Affiliate, which the Affiliate may withdraw in accordance with this Affiliate Agreement.
1.9. Affiliate Website means any website that is maintained, operated, or otherwise controlled by the Affiliate.
1.10. Clean Net Revenue means the Net Gaming Revenue, excluding:
- commission fees for payment systems;
- royalty fees;
- the share of jackpots attributed to your players;
- any applicable administration fee.
Administration fees refer to any applicable taxes. The current administration fee rate is 0%.
1.11. Commission means the percentage of Clean Net Revenue (under the Revenue Share payment plan) or, where applicable, a fixed amount per New Customer (under the CPA payment plan), as set out in the Commission Structures.
1.12. Commission Structures means any specific payment plan expressly agreed between the Company and the Affiliate.
1.13. Company means https://royal.partners. The Company provides marketing services to the brands it controls.
1.14. Company Websites means
- IRIS Casino, FUGU Casino, BEEF Casino, MARTIN Casino, FLAGMAN Casino, IRWIN Casino, LEX Casino, STARDA Casino, GIZBO Casino, 1GO Casino, MONRO Casino, LEGZO Casino, DRIP Casino, JET Casino, SOL Casino, FRESH Casino, operated by Galaktika N.V., registered at Scharlooweg 39, Willemstad, Curaçao (Reg. No. 140803);
- IZZI Casino, operated by Carrer N.V., registered at Seru Loraweg 17 C, Willemstad, Curaçao (Reg. No.150421); or
- any other websites (including mirror websites) that may be added to the Affiliate Agreement from time to time.
1.15. Confidential Information means any information of commercial or essential value relating to the Company, including 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 operational methods.
1.16. Intellectual Property Rights means any copyrights, domain names, brands, business names, trademarks, service marks, and registrations of the foregoing, as well as any other similar rights of this nature.
1.17. Net Gaming Revenue or NGR means all earnings received by the Company from New Customers on placed bets, excluding:
- winnings returned to New Customers;
- bonuses issued;
- net balance corrections;
- fraud costs and chargebacks.
For the avoidance of doubt, all Net Gaming Revenue amounts referenced above relate solely to New Customers referred to the Company Websites by the Affiliate Website(s).
1.18. New Customer means a new, first-time customer of the Company who has made a first deposit of at least the applicable minimum amount into a player account on the Company Websites, in accordance with the applicable terms and conditions. This definition expressly excludes the Affiliate, the Affiliate's employees, relatives, and friends.
1.19. Parties means the Affiliate and the Company (each, a “Party”; and collectively, the “Parties”).
1.20. Personal Data means any information relating to any person, whether natural or legal, who is or may be identified, directly or indirectly.
1.21. Revenue Share means the portion of gaming revenue determined by the Parties prior to the deal and valid throughout the entire gaming activity of the referred clients (Lifetime Revshare).
2. Affiliate Obligations and Restrictions
2.1. Joining the Affiliate Program
To become an Affiliate within the Royal Partners Affiliate Program, you must accept this Affiliate Agreement by ticking the appropriate box when submitting the Affiliate Application. The Affiliate Application forms an integral part of this Affiliate Agreement.
By accepting the terms of the Affiliate Program, you agree to receive emails, SMS messages, or calls from the Affiliate Program’s representatives.
You may participate in the Affiliate Program only if you have reached the legal age required under the laws of your jurisdiction; however, under no circumstances may you participate if you are under the age of eighteen (18).
You shall provide any documentation required by the Company to verify your Affiliate Application or account information at any time during the term of this Affiliate Agreement. The documents requested by the Company may include, but are not limited to, bank statements, individual or corporate identity documents, and proof of address.
It is your sole obligation to ensure that all information provided to us during registration for the Affiliate Program is accurate, kept up to date at all times, and is not misleading or intentionally misrepresented.
The Company shall determine, in its sole discretion, whether to accept any Affiliate Application, and its decision shall be final and not subject to appeal. We shall notify you by email whether your Affiliate Application has been approved or declined.
By participating in the Affiliate Program, the Affiliate acknowledges that this Affiliate Agreement may be amended by the Company from time to time without prior notice.
2.2. Affiliate Login Details
The Affiliate is fully responsible for maintaining the confidentiality and security of their login credentials (username and password) used to access the Royal Partners Affiliate Program. The Company shall not be liable for any loss or disclosure of such credentials resulting from the Affiliate’s actions or negligence.
Any unauthorized use of your Affiliate Account arising from your failure to safeguard your login credentials shall be your sole responsibility. You remain fully liable for all activity conducted under your Affiliate Account, whether such activity was carried out by you or by a third party. You must notify the Company immediately if you suspect that your Affiliate Account has been accessed or used without authorization.
2.3. Affiliate Program Participation
The Affiliate Program is intended solely for your direct participation. Opening an Affiliate Account on behalf of a third party, brokering access, or transferring an Affiliate Account is strictly prohibited, unless expressly approved in writing by the Company. You must not open more than one Affiliate Account without the Company’s prior written consent.
You agree to use your best efforts to actively advertise, market, and promote the Company Websites in accordance with this Affiliate Agreement and the Company’s instructions, as updated from time to time. You shall ensure that all activities carried out under this Affiliate Agreement are in the Company’s best interests and do not harm its reputation or goodwill.
You may link to the Company Websites using the Affiliate Links or other promotional materials approved by the Company from time to time. You must not advertise the Company Websites in any manner without the Company’s prior written approval.
2.4. Affiliate Website
You are fully liable for the operation, development, and content of your Affiliate Website. You shall ensure that all materials appearing on the Affiliate Website do not contain any defamatory, libelous, discriminatory, or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory, or pornographic material, or content that would be unlawful in any target country). You shall also ensure that no such materials infringe the Intellectual Property Rights of third parties. At all times, the Affiliate Website must comply with all applicable laws, including the General Data Protection Regulation (GDPR), and must function as a professional website.
You shall not make any claims, representations, or warranties on the Affiliate Website that could cause confusion with the Company Websites or give the impression that the Affiliate Website is owned or operated by the Company.
2.5. Valid Traffic and Good Faith
You shall not, at any time, either by yourself or by allowing, assisting, or encouraging others to:
- cause any damage to the Company’s reputation or cast the Company in an unfavorable light; or
- perform any act that disparages the Company or any of its Websites, or that may otherwise harm its reputation.
You must not generate traffic by using branded keywords in contextual or paid advertising, nor send any branded traffic to the Company Websites. Any New Customer acquired through such methods shall not be considered a valid New Customer under this Affiliate Agreement, and any Commission related to such Customers may be withheld, frozen, or deemed unpayable at the Company’s sole discretion.
You must not generate traffic to the Company Websites by registering as a New Customer, whether directly or indirectly (including through associates, family members, or other third parties). Such behavior shall be deemed fraudulent.
You must not attempt to benefit from traffic that is not generated in good faith. If you have reasonable grounds to suspect that any New Customer referred by you is associated with bonus abuse, money laundering, fraud, or any other misuse of remote gaming services, you must immediately notify the Company.
You acknowledge that any New Customer found to be a bonus abuser, money launderer, fraudster, or participant in any form of affiliate fraud (whether identified by you or later discovered by the Company) shall not be deemed a valid New Customer under this Affiliate Agreement. No Commission shall be payable in relation to such Customers.
2.6. Affiliate Links
Affiliate Links must be displayed at least as prominently as any other sales links on the Affiliate Website.
You may only use Affiliate Links provided by the Company and solely within the scope of the Affiliate Program. Cloaking, hiding, or otherwise obscuring your Affiliate Links (for example, concealing the source of traffic sent to the Company Websites) is strictly prohibited.
2.7. Unsuitable Websites
You must not use any Affiliate Links or place any digital advertisements featuring the Company’s intellectual property on unsuitable websites, whether owned by a third party or otherwise.
For the purposes of this Affiliate Agreement, “unsuitable websites” include, but are not limited to, websites that:
- are aimed at children;
- display illegal pornography or other unlawful sexual content;
- promote or incite violence;
- promote discrimination based on race, gender, religion, nationality, disability, sexuality, or age;
- promote illegal activities;
- violate the Intellectual Property Rights of any third party or of the Company; or
- breach any applicable advertising regulations or codes of conduct in any jurisdiction where such Affiliate Links or digital advertisements may appear.
2.8. Email and SMS Marketing
You must obtain the Company’s prior written consent before sending any email or SMS communications that:
- include any of the Company’s Intellectual Property Rights; or
- are intended to promote the Company Websites.
If such consent is granted by the Company, you must also ensure that each recipient has given explicit consent to receive marketing communications in the relevant form (for example, by SMS or email) and has not opted out of such communications. You must clearly indicate to recipients that all marketing communications are sent by you, and not by the Company.
2.9. Use of Intellectual Property Rights of the Company
Any use of the Company’s Intellectual Property Rights must comply with the brand guidelines issued to you on an ongoing basis and is always subject to the Company’s prior written approval, as required under this clause.
You must not register or attempt to register any logo, trade name, design, domain name, search term, or other identifier for use in any search engine, portal, application store, sponsored advertising service, or referral platform that is identical or confusingly similar to, or otherwise incorporates, the Company’s trademarks.
You may only use advertising layouts or creatives (including banners, images, and logos) incorporating the Company’s Intellectual Property Rights if they are provided by the Company or, if created by you, have been approved in advance in writing by the Company. You must not alter the appearance of any approved advertising unless you have obtained the Company’s prior written authorization to do so.
You are responsible for obtaining the Company’s approval in good time before launching any advertising campaign or creative. You must ensure that such approval is in writing and be able to produce evidence of it upon request.
You accept full responsibility for the tools you use to attract players and for determining whether your marketing activities comply with all applicable laws and regulatory requirements.
You must also ensure that all your activities comply with the terms of this Affiliate Agreement.
2.10. Prohibition on Creating Loyalty Programs of One’s Own
You must not offer any cashback, value-back, or similar programs other than those made available on the Company Websites.
2.11. Responsible Gaming
The Company has an ongoing commitment to responsible gaming and the prevention of gambling addiction. You agree to actively cooperate with the Company in promoting responsible gaming practices. In particular, you must not use any material or otherwise target individuals who are under the age of eighteen (18) or below the legal gambling age in their jurisdiction.
2.12. Illegal Activity
You must not target any territory or jurisdiction where gambling is illegal. You must comply with all applicable laws at all times and must not engage in any activity that is unlawful in connection with the Affiliate Program or otherwise.
2.13. Data Protection and Cookies
Your activities must at all times be conducted in a professional and lawful manner and in full compliance with the General Data Protection Regulation (GDPR) and any current or future data protection acts, regulations, or laws applicable to your territory. This includes all applicable legislation and regulations relating to the use of cookies.
2.14. Cost and Expense
You accept sole responsibility for all risks, costs, and expenses incurred in fulfilling your obligations under this Affiliate Agreement.
2.15. Company Monitoring of Affiliate Activity
The Company reserves the right to monitor your activities under the Affiliate Program. If requested, you must immediately provide the Company with all necessary assistance and any information required to facilitate such monitoring.
2.16. Commissions Paid Incorrectly
Any Commission received in respect of New Customers referred to the Company in breach of this Affiliate Agreement, or arising from fraudulent or falsified transactions, must be repaid to the Company immediately upon request.
3. Affiliate Rights
3.1. Right to Direct New Customers
We grant you a non-exclusive, non-assignable, and revocable right to direct New Customers to the Company Websites in accordance with this Affiliate Agreement. You shall have no entitlement to Commission or any other form of compensation for business secured by persons or entities other than yourself.
3.2. License to Use Intellectual Property Rights
We grant you a non-exclusive, revocable, and non-transferable license, for the term of this Affiliate Agreement, to use the Company’s Intellectual Property Rights as approved by the Company from time to time, solely in connection with the display of promotional materials on the Affiliate Website or in other locations expressly approved in writing by the Company. This license may not be sublicensed, assigned, or otherwise transferred by you.
3.3. Players’ Personal Data
All users referred to the Affiliate Program by the Affiliate are considered players of the Company. Upon transfer of such data to the Company, the Affiliate waives any ownership or rights to the players’ data. The Affiliate must not subsequently contact these players or attempt to influence them in any way for personal or commercial purposes. Until these players meet the qualification criteria for recruited customers, they shall hold an interim status as Company Players.
For the purposes of the services provided under this Affiliate Agreement, the Affiliate shall not have access to any Personal Data of the Company’s customers. The Royal Partners Affiliate Program does not disclose confidential information or detailed player statistics to Affiliates, other than information visible in the Affiliate’s personal account within the Affiliate Program.
4. Company Obligations
4.1. The Company agrees to provide the Affiliate with all materials and information required for the proper implementation of the Affiliate Links.
4.2. The Company agrees to provide the Affiliate with a dedicated account containing the tools necessary to conduct affiliate activities and track Commission levels and payment status.
4.3. At its sole discretion, the Company shall register any New Customers directed to the Company Websites by the Affiliate and shall track their transactions. The Company reserves the right to refuse registration of New Customers or to close their accounts if necessary to comply with applicable requirements or internal policies.
4.4. The Company reserves the right to collect, use, and process the Personal Data of the Affiliate and any Affiliate employee for the purposes of ensuring a high level of security, fulfilling anti-money laundering (AML) legal obligations, and managing the business relationship. Such data may include:
- username;
- email address;
- full name;
- date of birth;
- country and address;
- telephone number;
- financial information.
4.5. Subject to your full compliance with this Affiliate Agreement, the Company shall make payments to you in accordance with the applicable payment plan, as detailed in Clause 6.
5. Company Rights
If the Company determines, or reasonably suspects, that you have breached this Affiliate Agreement, acted negligently in performing your obligations under the Affiliate Program, failed to meet your responsibilities hereunder, or if the Company receives complaints from third parties regarding unfair content use, quotation, unfair competition, or infringement of intellectual property rights, the Company shall have the following rights and remedies available:
- immediately terminate the Affiliate Agreement;
- suspend your participation in the Affiliate Program for the period required to investigate any activities that may constitute a breach of this Affiliate Agreement. During such suspension, the payment of Commissions shall also be paused;
- withhold any Commission or other payment due to the Affiliate arising from, or relating to, any campaign, traffic, content, or activity that breaches the Affiliate’s obligations under this Affiliate Agreement;
- deduct from the Commission any amounts the Company reasonably deems necessary to cover any indemnity provided by the Affiliate under this Affiliate Agreement or to offset any liability incurred by the Company as a result of the Affiliate’s breach;
- withhold earnings held in the Affiliate Wallet if they are not withdrawn within ninety (90) days from the date of termination of this Affiliate Agreement.
The rights and remedies set out above are not mutually exclusive and may be exercised concurrently or separately.
6. Commission and Payment
6.1. Terms of Cooperation under the RevShare Model
6.1.1. Subject to your compliance with this Affiliate Agreement, you shall earn Commission in accordance with the applicable Commission Structure. The Company reserves the right to amend the Commission percentage or method of calculation in accordance with Clause 6.1 of this Agreement. Commission offered to the Affiliate may vary across different websites.
6.1.2. For new websites, the Company may offer the Partner deals on terms different from the current commission model. The terms of such deals do not apply to the previous agreements of the parties and cannot be the basis for changing them.
6.1.3. Commission shall be calculated at the end of each month and paid monthly in arrears, no later than the tenth (10th) day of the following calendar month.
6.1.4. Payment of Commission shall be made through the Affiliate Wallet. In accordance with applicable regulations, Affiliates may be required to verify their identity and provide Know Your Customer (KYC) documentation before accessing withdrawals.
6.1.5. The minimum withdrawal amount shall be $100 or €100, depending on the wallet type (or the equivalent amount in another currency). The minimum amount for payments made against an invoice shall be €500. To receive such payment, the relevant terms must be agreed with the manager in advance, and the invoice must be provided to the manager.
6.1.6. If an error occurs in the calculation of Commission, the Company reserves the right to correct such calculation at any time and shall promptly pay any underpayment or reclaim any overpayment made to the Affiliate.
6.1.7. The Affiliate may be granted the opportunity to restructure the Commission plan subject to the Company's approval. Any changes to the Affiliate's Commission terms apply only to new clients and not to previously referred ones.
6.1.8. Acceptance of a Commission payment by the Affiliate shall constitute full and final settlement of the balance due for the relevant period. If the Affiliate disputes the reported balance, they must notify the Company within fourteen (14) calendar days, clearly stating the reasons for such dispute. Failure to notify the Company within this period shall constitute irrevocable acceptance of the reported balance.
6.1.9. Commission shall be deemed exclusive of value-added tax (VAT) and any other applicable taxes. The Affiliate is solely responsible for paying all taxes, levies, charges, or other amounts due to any tax authority or other competent entity in connection with payments received under this Affiliate Agreement.
6.2. Terms of Cooperation under the Hybrid and CPA Models
6.2.1. Duplicate accounts and self-excluded players shall be deducted from the CPA portion of the Commission, unless an alternative arrangement has been agreed in advance with the Affiliate Manager.
6.2.2. Where a specific CPA has been agreed with the Affiliate, Commission shall be paid only for the negotiated number of first deposits (FDs).
6.3. Available Payment Methods
Within the Royal Partners Program, Affiliates may withdraw their Commission using the following payment methods:
- Skrill;
- bank transfer;
- Bitcoin;
- USDT.
6.4. It is the Affiliate’s sole responsibility to provide accurate payment details for fund transfers. If the Company cannot process a payment due to missing or incomplete bank or e-wallet information, the payment may be postponed until the following month. Failure to provide valid payment details within two (2) months may result in termination of cooperation with the Affiliate. The Company shall not be liable for payments sent to incorrect accounts or wallets due to the Affiliate’s error and is under no obligation to reimburse such funds.
6.5. The Affiliate acknowledges and agrees that the Company’s measurements and calculations regarding the number of clients, as well as the calculation of Commissions and sub-partner fees, are final. Any adjustments to these figures shall be made at the Company’s sole discretion.
7. Standard Commission Structures
We offer two Commission options: fixed RevShare and dynamic RevShare.
The standard fixed NNCO Commission is 40% and does not depend on the number of referred clients or their deposit amounts. The fixed commission rate remains constant throughout the entire gaming activity of the referred clients and cannot be increased.
The dynamic NNCO Commission is up to 55%:
- 0–5 FDs: 25%
- 6–20 FDs: 30%
- 21–50 FDs: 35%
- 51–200 FDs: 45%
- 201–250 FDs: 50%
- Over 251 FDs: 55%
The dynamic NCO Commission is up to 60%:
- 0–5 FDs: 30%
- 6–20 FDs: 35%
- 21–50 FDs: 45%
- 51–200 FDs: 50%
- 201–250 FDs: 55%
- Over 251 FDs: 60%
FDs are calculated separately for each website.
The Partner has the right to choose either the standard fixed commission or the dynamic commission.
The Partner may further change the Commission option upon consent of the Company. For this purpose, the Partner may send the Company a respective notice not earlier than 15 days prior to the desired date of changing the Commission option. Should the Company consent, the Commission option will be changed from the date specified in such consent.
In the event of Commission changes on our part, the Affiliate Program is required to notify the Partner at least 10 days prior to the actual changes. Additionally, the Affiliate Program guarantees that any changes to the commission model for the Affiliate (Partner) will only apply to new clients and not to previously referred ones.
8. Confidential Information
During your participation in the Affiliate Program, the Company may, from time to time, disclose to you, or you may otherwise obtain, information that is marked as confidential or is by its nature confidential and proprietary. Such information includes, without limitation, details relating to the Company’s business, operations, technology, or the Affiliate Program (for example, information regarding the Commissions earned under the Affiliate Program).
You agree to maintain all such information in strict confidence and to prevent any unauthorized disclosure or use by third parties, unless the Company has given prior written consent. You shall use the confidential information solely for the purposes of fulfilling your obligations under this Affiliate Agreement. Your obligations under this clause shall survive the termination of this Affiliate Agreement.
In addition, you must not issue any press release or other public communication concerning your participation in the Affiliate Program without the Company’s prior written consent, including approval of the exact content to be released.
9. Term and Termination
9.1. Term
The term of this Affiliate Agreement shall commence upon your approval as an Affiliate and shall continue in force until terminated by either Party upon written notice to the other. In such case, the Affiliate Agreement shall terminate thirty (30) days after the date of notice. For the purpose of termination notices, delivery by email shall constitute written and immediate notification. For the avoidance of doubt, the Company may terminate this Affiliate Agreement immediately, in accordance with Clause 5 above, if the Affiliate fails to meet its obligations under this Affiliate Agreement or otherwise acts negligently.
9.2. Affiliate Actions Upon Termination
Immediately upon termination of this Affiliate Agreement, you must remove all Affiliate Links, Company banners, creatives, and any other marks, names, logos, or materials owned, developed, licensed, or provided by the Company from the Affiliate Website. All rights and licenses granted to you under this Affiliate Agreement shall immediately terminate. You shall cease all use of the Company’s Intellectual Property Rights and shall return or permanently destroy all confidential information and copies thereof in your possession or control.
The Company may terminate this Affiliate Agreement if the Affiliate fails to fulfil any of the obligations set out in Clause 2 of this Affiliate Agreement. Additional grounds for termination include directing traffic to the Company Websites through misleading content, including knowingly false information about bonuses, casino rules, or similar matters, as well as branded traffic, spam, fraud, or the use of any other fraudulent methods, including scams.
9.3. Commission
All Commission relating to New Customers referred to the Company prior to the termination date shall remain payable in accordance with this Affiliate Agreement. No Commission shall accrue or be payable in respect of any activity occurring after the date of termination. The Company undertakes to pay all outstanding Commission and other due payments within ninety (90) calendar days following termination of this Affiliate Agreement.
10. Miscellaneous
10.1. Disclaimer
The Company makes no warranty, express, implied, or otherwise, and no representation with respect to the Affiliate Program, the Company, or the Commission payment arrangements (including, without limitation, any warranties of fitness, functionality, merchantability, legality, or non-infringement). The Company does not represent or warrant that the operation of its websites shall be uninterrupted or error-free and shall not be liable for any consequences arising therefrom. In the event of a discrepancy between reports provided in the Affiliate Account system and the Company’s database, the database shall prevail.
10.2. Indemnity and Limitation of Liability
You shall indemnify, defend, and hold harmless the Company, its directors, employees, and representatives from and against all liabilities, losses, damages, and costs, including legal fees, arising from or in any way connected with:
- any breach by you of any warranty, provision, or agreement within this Affiliate Agreement;
- the performance of your duties and obligations under this Affiliate Agreement;
- your negligence, or any loss or damage caused directly or indirectly by your negligent or intentional acts or omissions; or
- the unauthorized use of the Company’s creatives, links, or other materials under this Affiliate Program.
The Company shall not be liable for any direct, indirect, special, or consequential damages or losses of any kind, including, without limitation, loss of revenue, profits, data, goodwill, or reputation, arising out of or in connection with this Affiliate Agreement or the Affiliate Program, even if the Company has been advised of the possibility of such damages.
10.3. Non-Waiver
The Company’s failure to enforce the Affiliate’s strict performance of any provision of this Affiliate Agreement shall not constitute a waiver of the Company’s right to subsequently enforce that or any other provision of this Affiliate Agreement.
10.4. Relationship of Parties
The Company and the Affiliate are independent contractors. Nothing in this Affiliate Agreement shall create any partnership, franchise, joint venture, agency, sales representative, or employment relationship between the Parties.
The Affiliate has no authority to make or accept any offers, obligations, or representations on behalf of the Company. The Affiliate shall not make any statement, whether on its website or elsewhere, that contradicts or may reasonably be interpreted as contradicting any provision of 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 this Affiliate Agreement if such delay or failure results from an event beyond its reasonable control, including, but not limited to, labour disputes, strikes, industrial disturbances, acts of terrorism, acts of God (including lightning, floods, or earthquakes), utility or communication failures, or any other cause of a similar nature. If such an event occurs, the non-performing Party shall be excused from performance to the extent prevented, provided that if the force majeure event continues for a period exceeding thirty (30) calendar days, either Party may immediately terminate this Affiliate Agreement by giving written notice to the other.
10.6. Assignability
The Affiliate may not assign or transfer this Affiliate Agreement, in whole or in part, by operation of law or otherwise, without the Company’s prior written consent.
10.7. Severability
If any provision or clause of this Affiliate Agreement is deemed invalid, illegal, or unenforceable in any respect, it shall be ineffective only to the extent of such invalidity or unenforceability, without affecting the validity or enforceability of the remaining provisions.
10.8. English Language
This Affiliate Agreement was originally drafted in English. In the event of any discrepancy or conflict between the English version and any translation, the English version shall prevail.
10.9. Amendments to the Affiliate Agreement
The Company may, at any time and at its sole discretion, modify any of the terms and conditions contained in this Affiliate Agreement or replace it by posting a notice of change or an amended version of the Agreement on its website. Such modifications may include, for example, changes to the scope of available Commissions or Affiliate Program rules.
If you find any modification unacceptable, your sole remedy is to terminate this Affiliate Agreement. Your continued participation in the Affiliate Program following the posting of a notice of change or amended Agreement shall constitute your binding acceptance of the amendment.
The Company shall notify Affiliates of any changes to this Affiliate Agreement via email.
10.10. Governing Law
This Affiliate Agreement shall be governed by and construed in accordance with the applicable laws of Curaçao. Any disputes or disagreements arising from the performance of this Affiliate Agreement or any arrangements related thereto shall be resolved through negotiations between the Parties. If the Parties are unable to resolve such disputes or disagreements through negotiations, they shall be referred to a court of competent jurisdiction. Before commencing court proceedings, the Parties shall take steps to resolve the matter through a formal claims procedure.
