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General Terms and Conditions of Affiliate Cooperation

 

between

 

Eurotrade International Limited

2nd Floor | Global Capital Building | Testaferrata Street
Ta’ Xbiex XBX 1403 | Malta

VAT ID Number: MT 17352904 

 

and the Affiliate

 

1. General

 

Eurotrade is a company registered and based in Malta which acts as service provider for companies of the Interwetten Group and selected partners.

 

The Interwetten Group and its partners operate websites for online entertainment offering sports-betting, casino games and other games to internet users on various  domains, including, but not limited to www.Interwetten.com, www.Interwetten.es, www.Interwetten.gr, and www.interwetten.se as well as other domains owned and/or operated by or for the Interwetten Group (hereinafter referred to as “Interwetten websites”).

 

Eurotrade is also the operator of the Interwetten Affiliate Program in terms of which Affiliates may market and promote Interwetten websites.

 

2. Subject matter of the Agreement

 

a) The subject matter of the agreement is the inclusion of advertising material provided by Eurotrade on the Affiliate’s website in order to establish an advertising cooperation of mutual benefit. The advertising cooperation hereunder is non-exclusive for both parties.

b) Eurotrade shall provide the Affiliate with a variety of advertising material (e.g. logos, banners, graphics, texts) to be included on the Affiliate website(s) (hereinafter referred to as the “advertising material"). Eurotrade is entitled to change or restrict the advertising material or provide new advertising material at any time. By including this advertising material on the Affiliate website, the Affiliate enables the users of his website to access the Interwetten website(s) directly by clicking on the relevant symbols, and to bet on sports-bets, play casino or games there.


c) Eurotrade shall pay any costs in connection with the graphic design of the advertising material. The Affiliate shall pay the costs of the inclusion of the advertising material.

 

3. Conditions

 

a) Eurotrade expressly points out that the advertising of or reference to bets or games of chance can be subject to legal restrictions in some countries or might even be prohibited. Therefore, the Affiliate understands that he is not entitled to enter into this agreement and/or include the advertising material on his website if the advertising of or reference to online bets and games is not permitted according to the regulations of his country of operation. In this case, the Affiliate is not even entitled to complete the online application form. If the advertising of or reference to online bets or games of chance becomes prohibited after the agreement has been concluded, or after the advertising material has been included, the Affiliate is obliged to immediately remove the advertising material from his website and inform Eurotrade accordingly.

 

If Eurotrade, the operating companies of the Interwetten Group or its partners, or else the Affiliate himself face damages or disadvantages of any kind due to the violation of applicable regulations on the advertising of or reference to online bets or games of chance, only the Affiliate shall be liable for these damages and disadvantages incurred, regardless whether they affect himself or Interwetten companies and their partners. Therefore, it is of utmost importance that affiliate partners make themselves familiar with all applicable regulations and prohibitions in their respective markets and ensure compliance at all times.  


b) Furthermore, the Affiliate acknowledges that he operates the website on his own behalf and is authorised to dispose of the website without restrictions.

 

4. Conclusion of the Agreement

 

a) Eurotrade shall provide an online application form which the Affiliate shall complete and transmit electronically (via the Affiliate website) to Eurotrade provided that the conditions of clause 3 are met. By completing and accepting this Affiliate Cooperation, the Affiliate makes an offer to enter into an agreement to participate in the Affiliate program with the content of these General Terms and Conditions. After the completed form has been sent, Eurotrade shall check the application. If Eurotrade accepts the offer, the Affiliate shall receive a written confirmation. Through the acceptance, the Affiliate Cooperation comes into existence between the Affiliate and Eurotrade.  

Within 2 weeks of acceptance, the Affiliate shall receive a follow-up email detailing information and documents which Eurotrade are obliged to collect as part of the 4th Anti-Money Laundering Directive.  The Affiliate has a period of 4 weeks to comply with the request and failure to do so may result in the program being temporarily suspended or closed.


Eurotrade expressly reserves the right not to accept or to refuse applications at its own discretion without any restrictions. 

b) When entering into the agreement, the Affiliate shall receive an affiliate ID. On the basis of advertising material codes provided by the affiliate programme, all referred customers and their bets as well as other game activities are registered.

 

5. Use of Advertising Material

 

a) When entering into the agreement, the Affiliate shall obtain a gratuitous, non-transferable right, which may be terminated at any time, to use the advertising material provided in order to create links to the Interwetten websites. The Affiliate, however, is not entitled to change the advertising material or edit it in another way or for another purpose of any kind whatsoever without the prior express consent of Eurotrade in writing. The entitlement for the use of the advertising material shall expire when the agreement is terminated.


b) Eurotrade enters into this agreement on the basis of the design and content of the webpage of the Affiliate on the day of the conclusion of this agreement. The webpage of the Affiliate may not be changed, in particular with regard to its content and other advertising material (of any kind whatsoever) without the prior express consent of Eurotrade in writing. This shall not apply for insignificant changes.


c) The design copyright in the advertising material provided under the Affiliate programme and any other information made available remains exclusively with Eurotrade.

d) A change of the URL address of the website of the Affiliate shall not be regarded as a change of the agreement and shall not affect his rights and duties under this agreement.

 

6. Content and Maintenance of the Affiliate’s Website

 

a) The Affiliate shall include the advertising material of his choice provided under the affiliate programme on his website. In doing so, he creates a connection to the Interwetten website(s).  Eurotrade’s reservation system identifies customers that are referred to the website by linking the advertising material of the Affiliate to the affiliate ID (advertising material code) provided. The links may refer to different agreed URL´s pointing to various landing pages.

 

b) The Affiliate commits himself to include on his website only advertising material in its currently valid version and to check individually produced content continuously on correctness and validity. Eurotrade and the companies of the Interwetten Group do not assume any responsibility or liability for the Affiliate’s failure to update the selected advertising material and individually produced content in line with the respective guidelines.

 

7. Duties of the Affiliate

 

a) The Affiliate is solely responsible for the correct technical inclusion of the advertising material. Therefore, only advertising material provided under the affiliate program may be used. The advertising materials may only be used for the purposes of this agreement on the Affiliate’s website.


b) The Affiliate bears sole responsibility for the content and the ongoing technical operation of his website, in particular for the link to the Interwetten websites. The Affiliate shall ensure that the content of the Affiliate website does not violate the rights of third parties or violates the law otherwise.


c) The Affiliate is responsible for development, operation and maintenance of his website and any material shown on the website. The Affiliate especially undertakes that

 

-       representations of violence,

-       contents of a clearly sexual nature or discriminating statements or representations based on race, sex, religion, nationality, disability, sexual orientation or age,

-       agitation against persons and businesses,

-       personality-hurting statements, defamation, libel and slander of users or third parties, and

-       violation of the rules of fair competition, and

-       copyright infringing content or any other infringement of intellectual property rights

 

will not be displayed on his website. Such content may not be integrated on the Affiliate’s website nor may be linked from its website to corresponding content on other website, and he shall indemnify and hold harmless Eurotrade, the Interwetten Group and its partners in this respect.


d) The Affiliate undertakes that the material shown on his website does not violate the rights of third parties (including copyrights and trademark rights, the general right to privacy or other rights) and that the material shown on his website is not offensive or defamatory or otherwise unlawful and he shall indemnify and hold harmless the Interwetten Group and its partners in this respect. The Affiliate must notify the affiliate team of any changes to his website name, and/or of new and additional banners that he placed on websites not notified to Eurotrade as yet.

 

e) Advertisements and contents of the Affiliate shall not contain any illegal or unlawful misrepresentation that is likely to cause damage to the business of the Interwetten group. The Affiliate shall not engage in the distribution of unsolicited advertisement (e. g. SPAM) either.

 

f) Websites or part of them may not be directed to persons under the age of 18.


g) The Affiliate is not entitled to design his website in a way that might lead to confusion with the Interwetten website(s). In addition, the Affiliate is not entitled to imply in any way that his website is, in whole or in part, owned and/or operated by the Interwetten Group and its partners. Finally, the Affiliate is not allowed to use certain key words defined by the Interwetten group on search engines unless he has obtained prior approval in writing.

 

h) The Affiliate is not entitled to use the name of Eurotrade or other designations or brands of the Interwetten Group and its partners otherwise as by including the advertising material on his own website. The Affiliate, in particular, shall not use designations or designs which are similar to those of the Interwetten Group and its partners and that might lead to confusion with them.

 

i) The Affiliate is not entitled to offer rake-backs or any other incentives for customers to sign up with the Interwetten website(s) whereby a so-called rake-back is any form of proportional reward or rebate offered, awarded, provided, facilitated or paid to current affiliated players and/or prospective affiliated players based on their level of rake contribution. Affiliate accounts offering rake-backs will be deactivated and immediately removed from the Eurotrade`s Affiliate System as rake-back is prohibited within the whole Network.

 

k) Any form of abuse, i.e. the generation of leads and/or sales through dishonest methods or improper means that violate applicable law and/or the provisions of these contractual terms and conditions are prohibited for the Affiliate.

 

l) The Affiliate undertakes to operate his website in compliance with applicable law and in particular to provide a proper imprint.

 

m) The Affiliate will immediately remove advertising material from his website upon Eurotrade’s request. This shall also and in particular apply for websites which Eurotrade does not or no longer wish to incorporate the advertising material for whatsoever reason.

 

n) Should a breach of preceding paragraphs be discovered by Eurotrade, Eurotrade shall be entitled to temporarily suspend or stop the Affiliate Program, at least until the Affiliate has eliminated the identified breach. All other rights of Eurotrade remain unaffected, in particular the right of termination.

 

8. Data Protection

Should it occur in the context of this agreement that the Affiliate receives knowledge of personal data, the Affiliate warrants that he will comply with the provisions of the respectively applicable data protection law, in particular any and all obligations with regard to possible processing of personal data. For the processing of personal data by Affiliate the Affiliate Data Processing Agreement shall apply which is agreed separately between Eurotrade and Affiliate.

 

The Affiliate in particular ensures that information on personal data in the context of his activities will be treated and dealt with by his employees in accordance with data protection regulation. In addition, the Affiliate ensures that all necessary technical and organizational measures are taken and the documentation on this will be made available to Eurotrade upon Eurotrade’s request in order to prevent the misuse of personal data and to help prevent data breaches. In particular, the Affiliate is prohibited from forwarding personal data to third parties without the knowledge and consent of Eurotrade, unless otherwise required by law.

 

Eurotrade reserves the right to further claims for damages against the Affiliate, in particular in case of data breaches that damage Eurotrade’s and/or Interwetten’s reputation.

 

9. Remuneration

 

a) In consideration of the inclusion of the advertising material according to clause 2, the Affiliate shall receive for the term of this agreement a performance-based remuneration on the net profit generated by new customers referred to the Interwetten websites. Customers, who do not yet have an account with the Interwetten Group, and who are referred to the Interwetten website(s) via the advertising material included on the Affiliate website, who register correctly and who make payments to the gaming account, shall be regarded as “referred new customers”. Remuneration shall not be paid to Affiliate

 

-       in the event of a breach of clause 7 of this agreement,

-       if the referred new customer is the Affiliate himself and/or a family member of the Affiliate, or

-       if the referred new customer was generated through Affiliate’s websites or other advertising surfaces after Eurotrade’s request to Affiliate to remove advertising material.

 

Depending on the individual business segments, the net profit shall be calculated as follows:

 

Sports betting: Bets placed at less winnings paid, withdrawal fees, fees, bonuses and chargebacks, proportional royalties payable by the operator to the Sportsbook Software provider, and any taxes, fees and other deductibles as may be imposed by national laws from time to time.

 

Casino, Live Casino and Games: Casino, Live Casino and Games sales less winnings paid, chargebacks, game fees, bonuses and proportional royalties payable by the operator to the respective and games providers, and any taxes, fees and other deductibles as may be imposed by national laws from time to time. 

 

b) The amount of the remuneration is based on the amount of the total net profit generated by the customer referred to the Interwetten websites by the Affiliate. The applicable percentage rates are shown on the Eurotrade Affiliate website. Any national taxes due will be deducted prior to the calculation of the net profit in accordance with the respective regulations. Eurotrade reserves the right to change the percentage rates at any time using the procedure for the alteration of the agreement according to clause 14, and to make individual agreements.

 

c) The remuneration shall be calculated at the end of the month and paid until the 20th of the following month provided that a minimum amount of EUR 100.-- has been reached. If this minimum amount is not achieved in a month, the remuneration shall be carried forward until it amounts to EUR 100.--. Any amounts less than EUR 3,-- are forfeited at the end of the month.

 

d) A negative account balance at the end of a month is carried over to the following month. The results of the following month(s) will be applied to this balance until it returns to a positive value.  

 

e) The remuneration may only be paid by bank transfer to the account stated within the application form. The commission shall only be calculated in €. All bank charges incurred by transfers and/or their reversals by the recipient's bank (due to incomplete or inaccurate bank details) shall be paid by the Affiliate at all times. It is absolutely obligatory that the Affiliate quotes his IBAN Code together with the BIC/ABA/Swift Code in the application form if applicable. Eurotrade reserves the right to withhold any payments to Affiliate due to incomplete and/or inaccurate bank details, pending investigations and/or the risk of fraud.

 

f) If the payment amount received by the Affiliate contains Value Added Tax (VAT), the Affiliate is responsible for submitting the respective amount to the tax authorities in charge.

 

g) After Eurotrade has examined and accepted the registration, the Affiliate shall be able to access his personal online statistics with his user name and password in order to stay informed about the current state of his sales and the remunerations resulting from them.

 

h) Any services and expenses of the Affiliate shall be considered paid in full with the remuneration; the Affiliate can only claim reimbursement for expenses and costs, in particular for other advertising activities of the Affiliate, if Eurotrade instructed the Affiliate to do so in writing.

 

10. Compliance

 

By submitting the completely filled in online application form to Eurotrade, the Affiliate warrants that

 

-     the information the Affiliate provides Eurotrade is complete, valid and honest,

-     in the event the Affiliate is a juristic person, the person submitting the application has the full right, power and authority to enter into this agreement on behalf of such entity. The power of attorney shall be submitted to Eurotrade upon its request.

-     Affiliate’s activities shall fully comply with this Terms and conditions.

-     Affiliate’s activities shall fully comply with any and all applicable law and applicable law is not violated when Affiliate fulfils his obligations under this agreement,

-     Advertising material will only be used in connection with the participation in this Affiliate program and information or advertising material will not be submitted to third parties,

-     Eurotrade’s/Interwetten’s reputation and business operation will not be damaged.

 

In addition, Affiliate acknowledges that it is his obligation to evaluate all applicable laws and provisions relating to his activities and obligations. It is also Affiliate’s obligation to comply with all relevant applicable laws, regulations and industry practices.

 

Upon Eurotrade’s request, Affiliate will immediately provide written documentation of Affiliate’s compliance with respective legal regulations and provide appropriate documentation and information.


11. Indemnity and contractual Penalty

 

a) Eurotrade or selected partners of Eurotrade will operate all Interwetten websites within the scope of the current technical and legal possibilities. No liability is accepted for further claims.


b) The liability of Eurotrade and the legal representatives and vicarious agents and partners of Eurotrade shall be limited to intent and gross negligence. The liability of Eurotrade – for whatever reason – shall be limited to the amount of the remuneration paid to the Affiliate within the last six months. If the agreement is terminated before the lapse of six months, the remuneration paid until this date shall apply for the calculation of the damage.

 

c) Affiliate shall indemnify Eurotrade and the Interwetten group as well as their employees, representatives and partners in the event of claims for alleged or actual infringement and/or infringement of third party rights by the Affiliate in connection with the Affiliate Program from all resulting claims by third parties. This shall in particular apply to claims that may arise in connection with

 

-     infringement of the Affiliate against a warranty given in this agreement,

-     the performance of the Affiliate’s obligations within this agreement,

-     a negligent behavior of the Affiliate or

-     any violation caused, directly or indirectly, by negligent or intentional acts or omission by the Affiliate, or by the unauthorized use of Eurotrade’s advertising material or this Affiliate Program.

 

In addition, Affiliate undertake to reimburse all costs incurred by Eurotrade, Interwetten Group and their partners as a result of such third-party claims. Reimbursable costs include the costs of proper legal defense.

 

d) Affiliate commits himself to pay for each case of infringement against clause 7 or 8 of this agreement a contractual penalty to be determined by Eurotrade at its reasonable discretion. Further claims for damages remain unaffected by this provision.

 

12. Term

 

a) The agreement can be terminated by either party at any time with immediate effect without giving any prior notice and without giving a reason. In any case, Eurotrade will terminate the agreement if the Affiliate violated essential obligations of this agreement, or if the execution of this agreement is not permitted by law or has become inadmissible.

 

Notice of termination may be sent by e-mail as received on the day on which it is sent to the email address provided by the Affiliate in the online application.


b) If the agreement is terminated, the Affiliate shall immediately delete all advertising material provided by Eurotrade included on his website. The Affiliate shall have no right or avoidance.


c) Eurotrade shall calculate and pay the commission from net profit accrued until the 20th of the following month. Eurotrade is entitled to set off outstanding commissions against claims against the Affiliate, if applicable.


d) After the termination of the agreement, the Affiliate is not entitled to receive further remuneration or other compensation of Eurotrade.

 

e) Eurotrade reserves the right to regularly perform quality checks on Affiliate´s websites and their performance and to determine that affiliates are obligated to produce minimum amount of real customers per month.

 

13. Confidentiality

 

a) Any information, in particular business and financial information, shall be treated confidential without any limitation in time and shall only be used for the purpose of this agreement and must not be used directly or indirectly for the party’s own economic or other purposes or passed to third parties.


b) This does not apply for such information which are generally known or may become known via generally accessible sources, however, not being the sources of the relevant party. Either party is entitled to pass such information to third parties if there is a judicial order, if the information is passed to persons being bound by professional confidentiality or if there is a legal obligation to provide it.


c) Email addresses and all user data may only be used for internal purposes. The Affiliate undertakes to comply with any provisions under data protection law.

 

d) The Affiliate must obligate his employees and other persons whom he uses to fulfill his contractual duties accordingly to confidentiality.

 

e) The Affiliate is fully liable for all damages incurred by Eurotrade or the Interwetten Group as a result of breach of these contractual obligations.

 

f) The confidentiality obligation also applies to the legal successors of the parties.

 

14. Alteration of the Agreement

 

Eurotrade reserves the right to alter any of the regulations and provisions hereunder at any time. The Affiliate shall be notified of the alteration by a notification in his affiliate account. If the agreement is not terminated within one week from the receipt of the alteration, the alteration shall be regarded as accepted. In addition, Eurotrade reserves the right to transfer any rights and duties under this agreement to another company of the Interwetten Group.

 

15. Miscellaneous

 

a) The legal relationship between the Affiliate and Eurotrade shall be governed by Maltese law. Any and all disputes in connection with or arising from this Affiliate Agreement shall exclusively be settled by the competent court having local and subject-matter jurisdiction in Valletta (Malta).

 

b) Amendments and supplements to this agreement must be made in writing to be effective. Verbal subsidiary agreements do not exist.

 

c) If any of the provisions hereunder are or become ineffective, the ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the ineffective provision. This shall not affect the other provisions of the agreement.

 

d) This Affiliate Agreement is posted on the internet in various languages. In the event of any conflicting foreign-language versions of this Affiliate Agreement the English version will prevail.

 

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