Affiliate Terms and Conditions

This document (hereinafter referred to as the “Agreement and/or T&Cs”) sets out the terms and conditions to be agreed between of the one part:

 

Olimp Limited, a company duly registered under the laws of Malta, bearing registration no. C54987, having its registered office at “527, St Paul’s Street, St Paul’s Bay, Malta and licensed in Malta by the Malta Gaming Authority to provide gaming services under a Class 2 Remote Gaming License with number MGA/CL2/1027/2014, issued on the 19/05/2015 and a Class 1 on 4 Remote Gaming License with number MGA/CL2/1027/2014 issued on the 19/05/2015 (hereinafter referred to a “BetOlimp” and/or “Company”); and

 

You, the legal or natural person hereby applying to become an affiliate of the Company (hereinafter referred to as “Applicant”).

 

Please read this Agreement carefully before applying to become an affiliate of the Company.

 

Should you have any questions, queries or comments about this Agreement, please contact the Company at betolimpaffiliates@incomeaccess.com.

Definitions

1.Unless the context clearly implies otherwise, the hereunder terms shall mean as follows in this Agreement:

a.     Acceptance Email” means an email sent by the Company to an Applicant, confirming that the Applicant has been accepted by the Company to become an Affiliate of the Company;

b.    Affiliate” means the person or entity specified in the Online Registration Form and accepted by the Company to become an affiliate of the Company by an Acceptance Email;

c.     Affiliate Fee/smeans the fee to be paid by the Company to the Affiliate which shall be determined as per clause 1 hereunder;

d.    Affiliate Website” means the website or websites owned and operated by the Affiliate and specified in the Registration Form;

e.      BetOlimp Content” means the “Olimp” and “BetOlimp” marks and all other Intellectual Property Rights strictly necessary in relation to the subject-matter of this agreement;

f.     BetOlimp Website” or “Company Website” means the website owned and hosted by the Company and available and accessible at www.betolimp.com;

g.    Considerable Number means a reasonably high number, determined in the sole discretion of the Company in accordance with industry standards and all circumstances;

h.      Customers” shall mean Potential Customers and New Customers;

i.      Error/s” means any error made by the Applicant while inputting the Applicant’s information in the Online Registration Form;

j.      Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the Party affected, including but not limited to failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software infections or attacks, power failures, industrial disputes affecting any third Party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;

k.     Intellectual Property Rights” means all intellectual property rights held by the Company, wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trademarks, service marks, passing off rights, unfair competition rights, patents, utility models, semi-conductor topography rights and rights in designs;

l.      Link/s” means a hyperlink or banner advertisement, whether embedded in text or an image or otherwise, which directs Potential Customers from the Affiliate Website to the BetOlimp Website;

m.      MGA” means the Malta Gaming Authority;

n.       “Negative Carryover” In the calculation of Commissions based on Net Revenue, when Affiliate’s Customers activities result in a negative balance for the Affiliate, due to the customer winnings and/or bonuses etc., the said balance will be carried over to the next month, unless the deal has been adjusted to a no negative carryover Reward Plan which must be approved by the Chief Marketing Officer of BetOlimp. In this last case, any negative Net Revenue will be set to zero at the beginning of each month. Negative carryover is not intended to be applied to any deal retroactively and will be part of the standard Reward Plan for Affiliates who sign up to the BetOlimp Affiliates Program after 1st May 2016.

o.    Net Gaming Revenue means the total amount wagered by the New Customers less total amount won in the applicable period after the deduction of all taxes and duties (or its equivalent or replacement, at the then prevailing rate), and other applicable disbursements which may include:

                      i.        software hosting and provisioning costs;

                     ii.        bank or financial intermediary handling charges (including for use of “electronic wallets” and charge backs and refunds);

                    iii.        losses due to fraud and bad debts of end users;

                    iv.        all direct costs of providing the service to users (including charges of age, ID and geographic location verification costs;

                     v.        brand licensing (in relation to game content); and

                             vi.            bonuses, loyalty rewards, rakeback and cashbacks.

p.      “New Customer” means any Potential Customer that registers as a player with the Company, deposits money in the player’s account and places a bet through the Company Website. Whilst registration, deposit and bet placement do not have to be simultaneous, a Potential Customer shall not become a New Customer until that Potential Customer has registered and deposited money with the Company and placed a bet through the Company Website;

q.    Online Registration Form” means the HTML form available in the BetOlimp Website at http://affiliates.betolimp.com/login.asp enabling an Applicant to apply to become an Affiliate;

r.      Parties” means jointly the Affiliate and the Company;

s.     Party” means the Affiliate or the Company individually;

t.       Payment Trigger” means the acts of deposit and/or wagering by New Customers in the BetOlimp Website which give rise to the Affiliate Fee becoming due as per clause 1 of this Agreement; provided that in case of first registration or first wager, the Customer deposits and/or wagers (as the case may be depending on the type of Affiliate Fee applicable) within thirty (30) days from visiting the BetOlimp Website through a Link;

u.     Prohibited Materials” means content, works or other materials that the Company determines (acting reasonably) constitute:

                      i.        indecent, obscene, pornographic or lewd material;

                     ii.        material that breaches any applicable laws, regulations or legally binding codes;

                    iii.        material that infringes any third party intellectual property rights or other rights;

                    iv.        material that is offensive or abusive, or is likely to cause annoyance, inconvenience or

                     v.        anxiety to another internet user;

                    vi.        computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software; and/or

                   vii.        spam or bulk unsolicited email.

v.        Potential Customers” and/or “Leads” means potential customers who have visited the Company Website through the Links placed in the Affiliate Website.

w.    Same Bet means bets placed with the Company by New Customers having the same forecasted result or outcome;

x.     Term” means the term of the Agreement as specified in Clause 55 hereunder; and

y.     You” means the Applicant or the Affiliate and “Your” and “Yourself” shall be construed accordingly.

Affiliate Registration and Acceptance of this Agreement

2.To enrol as an Affiliate of the Company, the Applicant shall complete and submit to the Company the Online Registration Form available at http://affiliates.betolimp.com/login.asp and accept this Agreement.

3.When completing the Online Registration Form the Applicant shall provide the Company with true and complete information and promptly update such information if all or any part of it changes. The Applicant shall also promptly provide such other information as the Company may reasonable request from time to time.

4.By accepting this Agreement and requesting to become an Affiliate, You acknowledge that You have read this Agreement and agree to be bound by its terms and conditions. Furthermore, You confirm that You have independently evaluated the appropriateness of becoming an Affiliate and that You have not relied on any representation, guarantee, or statements other than those contained in this Agreement.

5.On Your acceptance of this Agreement and before accepting You as an Affiliate, the Company may reject You from becoming an Affiliate for any reason whatsoever deemed fit by the Company.

6.Upon accepting You as an Affiliate, the Company reserves the right to terminate You as an Affiliate of the Company at any time, in its sole discretion and without prior notification, if You transpire to be unsuitable as an Affiliate of the Company.

7.By placing any Links in the Affiliate Websites or otherwise using any Links in any way whatsoever, You agree to be bound by this Agreement even if You have not explicitly agreed to be bound thereby.

8.The Applicant shall become an Affiliate exclusively if and when the Company sends to the Applicant the Acceptance Email.

9.By becoming an Affiliate, You agree to place the Links in the Affiliate Website as provided to You by the Company within seven (7) days following the date and time of the Acceptance Email. The Links are the only approved type of advertising and You may not alter their appearance, syntax or functionality. Any alteration shall result in the Company not being liable for paying You any fees which may be due.

10.  By placing Links in the Affiliate Website, You shall have no authority to, and shall not, bind the Company with any obligations other than as catered specifically in this Agreement.

11.  The Company may from time to time during the Term request amendments to the Links and/or the Affiliate Website and/or the BetOlimp Content for the purpose of ensuring consistency and quality in the use of the Links. To the extent that such requests are reasonable, the Affiliate hereby agrees to make such amendments within seven (7) days of such request.

Errors in the Online Registration Form

12.  Any Errors made by the Applicant in the Online Registration Form, may be identified and corrected by the Applicant prior to submitting the Online Registration Form to the Company.

13.  Should the Applicant make any Errors after submitting the Online Registration Form to the Company, the Applicant shall be under an obligation to immediately contact the Company in order to rectify the Errors. In such case, the Company shall be held harmless by the Applicant in regards to any Errors made by the Applicant and have the right and sole discretion to refuse that Applicant from becoming an Affiliate of the Company, even if the Company has already sent an Acceptance Email.

Customers

14.  New Customers shall be registered as players of the Company and the activity of the Customers shall be monitored by the Company.

15.  Potential Customers who are already registered as players of the Company or who were previously registered as players of the Company shall not be considered New Customers.

16.  The Company reserves the right to refuse New Customers and/or to close their account if they fail to comply with any requirements, including but not limited to any law or regulation and/or any rules, policies and terms and conditions which the Company may periodically establish.

17.  The Affiliate is responsible for the quality and origin of the Customers and the Affiliate shall always remain responsible for the quality and origin of the Customers. 

18.  If the Affiliate knowingly refers Customers of a questionable quality and/or origin that engage in fraudulent or patterns of abuse of commission or compensation, the Company may, in its sole discretion, immediately terminate this Agreement without prior notice.

19.  If an Affiliate accidentally or unknowingly refers Customers of a questionable quality and/or origin, the Company may issue a written warning to Affiliate, notifying the Affiliate about the questionable quality and/or origin of the Customers referred and requesting the Affiliate to put in place reasonable measures to dissuade this profile of users  If, after the issuance of three (3) written warnings, the Affiliate does not cease and desist from referring such Customers, the Company may, in its sole discretion, reduce the revenue share commission to 10%.  

20.  In case a Considerable Number of New Customers place the Same Bet, that engage in fraudulent or patterns of abuse of commission or compensation, the Company shall have the right and sole discretion to consider the Affiliate as being in breach of this Agreement and shall have the right to reduce the revenue share commission to 10%.  .

License

21.  The Company hereby grants to You a non-exclusive, world-wide, non-transferable license, during the Term, to use the BetOlimp Content solely in connection with the display and placement of Links on Your Affiliate Websites. This license cannot be sub-licensed, assigned or otherwise transferred by You. Your right to use the BetOlimp Content is limited to and arises only out of this license to use the Links as supplied to You by the Company.

22.  You shall not assert the invalidity, unenforceability, or contest the ownership of the BetOlimp Content in any action or proceeding of whatever kind or nature and shall not take any action that may prejudice the rights of the Company in the BetOlimp Content or otherwise render the same generic or otherwise weaken their validity or diminish their associated goodwill.

23.  The Company does not warrant that the use of the Links or the BetOlimp Content shall not infringe any third party intellectual property rights or give rise to any other liability on the Affiliate. The Affiliate hereby agrees to hold the Company harmless in the event that such an infringement or liability arises.

Affiliate Fee & Payment Terms

24.  In consideration of this Agreement, the Company shall pay the Affiliate the Affiliate Fee. There shall be the hereunder three (3) methods through which the Affiliate Fee can be calculated and due upon a Payment Trigger:

a.     Cost Per Acquisition: The Affiliate Fee shall amount to a fixed sum payable to the Affiliate when a New Customer makes the first deposit with the Company within thirty (30) days from visiting the BetOlimp Website through a Link; or

b.    Percentage on Net Gaming Revenue: The Affiliate Fee shall amount to a fee fee method calculation as may be agreed by the Parties in writing equivalent of the Company’s Net Gaming Revenue, provided that in case of first wager transactions for a particular Customer, this occurs within thirty (30) days from the Customer visiting the BetOlimp Website through a Link ; or

c.     Hybrid: The Affiliate Fee shall be a combination of Cost Per Acquisition and/or a Percentage on Net Gaming Revenue and/or another fee method calculation as may be agreed by the Parties in writing.

25.  The applicable Affiliate Fee shall be indicated by You in the Online Registration Form and shall be confirmed to You by the Company in writing in the Acceptance Email or prior to the provision of the Acceptance Email.

26.  The Company shall pay You the Affiliate Fee due in respect to each Payment Trigger which can be verified by the Company. Payment Triggers shall be verified by the Company via the use of a tracking cookie.

27.  You shall have no claim to any Affiliate Fees or compensation on business secured by or through persons or entities other than You.

28.  The Company shall provide You with remote online access to reports of Customers’ activity and the Affiliate Fees generated from said Customers. These reports shall include clicks, downloads, player activity and applicable Affiliate Fee. The form, content and frequency of said reports may vary from time to time at the Company’s discretion.

29.  The Company shall account and make payment to the Affiliate for all Affiliate Fees due in respect of a calendar month within thirty (30) days of the end of the following calendar month (hereinafter referred to as “Due Date”). Wherein, the amount due in a particular calendar month is less than one-hundred EURO (100), payment may be made by the Company to the Affiliate within thirty (30) days following the Due Date.

30.  All Affiliate Fees stated in or in relation to the Agreement are stated inclusive of VAT where relevant.

31.  If the Company is required by any applicable law to deduct withholding tax or any other taxes or duties from any Affiliate Fees, then the Company will deduct such amounts from the Affiliate Fees before paying them to the Affiliate.

32.  Payment of Affiliate Fees to the Affiliate shall be made in Euros or in UK Sterling, as indicated in the Online Registration Form or otherwise agreed by the Parties, and shall be effected to the bank account provided in the Online Registration Form or any other bank account agreed by the Parties via the payment solutions available in the Website.

33.  No Affiliate Fees shall be due, and if Affiliate Fees have been paid, the Company shall have a right of repayment from the Affiliate of any Affiliate Fees paid, in respect of:

a.     any wagers on the BetOlimp Website made by or on behalf of:

                      i.        the Affiliate;

                     ii.        any parent company or subsidiary of the Affiliate;

                    iii.        any employee, agent or officer of the Affiliate; and

                    iv.        any natural person who is directly related to the Affiliate.

b.    any amounts received by the Company by means of fraudulent or unlawful use means including any wrongful use of a payment method; and

c.     any bets which are subsequently cancelled, refunded, reversed, or charged-back.

34.  The Affiliate hereby authorises the Company to recover without prior notice:

a.     any amounts owed to the Company by the Affiliate from any amount that the Company owes to the Affiliate, whether under this Agreement or otherwise; and

b.    any losses or damages which the Company has suffered as a result of the Affiliate’s acts or omissions from any amounts owed by the Company to the Affiliate.

35.  The Parties hereby agree that clause 33 shall survive the termination of this Agreement.

Affiliate Fraud and Good Faith

36.  You will not induce existing New Customers to re-sign with a different name. The Company considers the re-signing of existing players as fraud.

37.  In the event that You commit any sort of fraud or illegal activity, You agree to be solely liable for any and all damages that the Company may suffer as a result of such action and the Company shall, without affecting its accrued rights, be entitled to terminate this Agreement immediately without prior notification.

38.  Should fraudulent activity arise through a New Customer, the Company retains the right to retract the Affiliate Fees paid to You at any time. The Company’s decision in this regard shall be final and may not be contested. The Company reserves the right to:

a.     retain all amounts due to You under this Agreement if it has reasonable cause to believe that such traffic has been caused with Your knowledge; and

b.    withhold payment of any Affiliate Fees with respect to such traffic, even if You have not knowingly generated such traffic.

Affiliate Obligations

39.  The Affiliate shall:

a.     co-operate with the Company to the fullest extent possible;

b.    implement and comply any written instructions given by the Company;

c.     provide the Company with all information as is required by the Company;

d.    do all acts which are required in order to give effect to this Agreement;

e.     maintain the Links in good working order;

f.     keep the Affiliate Website up to date and in good working order;

g.    ensure that the quality of design, content and functionality of the Links and/or the Affiliate Website does not deteriorate; and

h.     use of the Affiliate Website and the Links in accordance with any applicable laws or regulations, codes of practice and industry standards;

i.      comply with all applicable legislation and/or regulations, including, in relation to the use of cookies and data protection.

40.  The Affiliate shall not, nor shall the Affiliate authorize, assist or encourage any third party to:

a.     use “spam”, unsolicited emails or other unsolicited means of communications;

b.    use “spyware”, “parasite-ware”, “adware” or similar software or any other anti-social or deceptive methods;

a.     include any Prohibited Materials in the Affiliate Website;

b.    make any public disclosure or announcement relating to the subject-matter of this Agreement without the prior written consent of the Company;

c.     impersonate the Company;

d.    hold himself as having a capacity other than that of an Affiliate of the Company;

e.     take any action which could lead to the possibility of damage to the Intellectual Property Rights or to the reputation and goodwill of the Company;

f.     use any reference or term which may be deemed negative or may decrease the reputation of the Company or the BetOlimp Website;

g.    use any fraudulent or deceptive methods;

h.     incentivize or indicate in any way whatsoever how “sports betting arbitrage”, “sure betting”, “safe betting” or similar betting possibilities cold be used in order to statistically prevent the spirit of the Affiliate partnership being established herein from being profitable to both Parties;

i.      use any reference whatsoever to the Company which is not a Link or which is not otherwise approved in writing by the Company;

j.      take any action that could reasonably cause any end-user confusion as to Company’s relationship with You or any third party, or as to the ownership or operation of the Company;

k.     place any Links and/or BetOlimp Content in any page in the Affiliate Website which is aimed at minors;

l.      violate the terms of use and any applicable policies of any search engines;

m.   breach the Electronic Marketing Rules;

n.     place marketing materials on any online site or other medium where the content and/or material on such website or medium is libellous, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which is, in the Company ‘s sole discretion otherwise unsuitable;

o.    develop and/or implement marketing and/or public relations strategies which have as their direct or indirect objective the targeting of marketing to any persons who are less than 18 years of age (or such higher age as may apply in the jurisdiction that You are targeting), regardless of the age of majority in the location You are marketing;

p.    use marketing materials in a manner that may potentially confuse a Customer or potential Customer;

q.    place marketing materials on any online site or other medium, where the content and/or material on such online site or medium:

                      i.        infringes any third party's intellectual property rights; or

                     ii.        disparages  the Company or otherwise damages its goodwill or reputation in any way;

r.      read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person;

s.     in any way alter, redirect or in any way interfere with the operation or accessibility of the Company Website or any page thereof;

t.      cause the Company Website (or any parts or pages thereof) to open in a visitor's browser or anywhere else other than as a result of the visitor clicking on Links;

u.     attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in Company’s affiliate program;

v.     use any means to promote sites which resemble in any way the look and/or feel of the Company Website;

w.    communicate or attempt to communicate with New Customers whether directly or indirectly to solicit them to move to any online site not owned by the Company or for other purposes without prior approval.

x.       modify, impair, disable or otherwise interfere with the Links or any tracking codes  in place in order to ensure proper tracking; and

y.       not purchase or register keywords, domains, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service or include metatags in the Affiliate Website which are identical or similar to any of BetOlimp Content or any Intellectual Property Rights belonging to the company, including confusingly similar variations thereof.

41.  If the Company determines, in its sole discretion, that You have engaged in any of the foregoing activities, the Company may (without limiting any other rights or remedies available to the Company) withhold any payment of Affiliate Fees and/or terminate this Agreement immediately without prior notification.

Confidentiality

42.   You agree to keep confidential any confidential and sensitive information that may be supplied to You by the Company during the Term and for a period of three (3) years subsequent to the termination of this Agreement.  

MGA Disclosure

43.   You hereby agree that the Company may disclose to the MGA that the Parties have entered into this Agreement and You hereby consent that the Company shall provide the MGA with details about You and this Agreement, including:

a.     the contents of this Agreement;

b.    Your brand name;

c.     identity and position of Your contact person;

d.    Your e-mail address;

e.     Your country; and

f.     any other information or documentation which may be requested from the Company by the MGA.

No Partnership or Agency

44.  You shall not be an agent, partner, or employee of the Company and You shall not hold Yourself out as such nor as having any power or authority to incur any obligation of any nature whether express or implied on behalf of the Company.

No Exclusivity

45.  The Company shall have the right to contract with, engage or obtain assistance from third parties, at any time, providing the Company with services similar or identical to Yours.

Warranties and Representations

46.  The Company makes no representation that the operation of the Company Website, system, network, software or hardware shall be uninterrupted or error-free and the Company shall not be liable for the consequences of any interruptions or errors. 

47.  Each Party warrants to the other Party:

a.     that it has the legal right and authority to enter into and perform its obligations under the Agreement; and

b.    that it will perform its obligations under the Agreement with reasonable care and skill.

48.  All of the Parties' liabilities and obligations in respect of the subject-matter of this Agreement are expressly set out herein. The Parties make no express or implied warranties or representations with respect to the subject-matter of this Agreement other than as stated specifically herein.  To the maximum extent permitted by applicable law, no other terms concerning the subject-matter of this Agreement will be implied into this Agreement or any related contract.

Indemnity

49.  You hereby agree and undertake fully and effectively to indemnify and hold the Company and its directors, officers, employees and representatives harmless both before and after the termination of this Agreement for and against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs and liabilities which the Company may at any time incur directly or indirectly  due to  all or any breaches by You of the terms specified in this Agreement.

Liability

50.  The Company shall not be held liable under or in connection with this Agreement or any collateral contract, whether in contract or tort (including negligence), for any:

                      i.        loss of profits, income or anticipated savings,

                     ii.        loss or corruption of any data, database or software,

                    iii.        reputational damage or damage to goodwill;

                    iv.        loss of any commercial opportunity; or 

                     v.        indirect, special or consequential loss or damage.

51.  Without prejudice to the immediately preceding clause, in the event that the Company is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over the Company, then the Company's liability in damages shall be limited to the amount, if any, payable to You in the last calendar year by way of net Affiliate Fees under this Agreement

52.  Nothing in the Agreement will exclude or limit the liability of either Party for:

a.     death or personal injury caused by that Party's negligence;

b.    fraud or fraudulent misrepresentation on the part of that Party; or

c.     any other liability which may not be excluded or limited under applicable law.

Force Majeure Events

53.  Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement, those obligations shall be suspended for the duration of the Force Majeure Event.

54.  A Party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, shall promptly notify the other.

55.  The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure Event to the other Party.

Term

56.  This Agreement shall come into force and become binding on the Parties hereto at the date and time when the Company sends to the Applicant an Acceptance Email and shall thereafter last for an indefinite term.

Termination

57.  Either Party may terminate this Agreement forthwith at any time by giving the other Party a thirty (30) day prior written notice.

58.  The Company may terminate this Agreement immediately (with or without giving written notice to the Affiliate) if the Affiliate:

b.    commits any breach of any term of the Agreement; or

c.     becomes insolvent or enters into any insolvency process or procedure; or

d.    (where the Affiliate is an individual) the Affiliate dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition, action or order; or

e.     does not generate any New Customers for a period exceeding twelve (12) calendar months.

Effects of Termination

59.  Upon termination of this Agreement all the provisions of this Agreement shall cease to have effect, save that the provisions which have been specifically indicated herein as surviving the termination of this Agreement and those provisions herein which in view of their nature are intended to survive termination of this Agreement.

60.  Termination of this Agreement shall have no affect on either Party’s accrued rights as at the date of termination.

61.  For the purposes of notification of termination, notification via email is considered a written and immediate form of notification.

62.  Upon termination:

a.     You must remove the Links from the Affiliate Websites and immediately cease and desist any further use of the Links or the BetOlimp Content;

b.    all rights and licences granted to You in this Agreement shall be immediately terminated;

c.     You shall be entitled only to those unpaid Affiliate Fees, if any, earned by You on or prior to the date of termination. You shall not be entitled to any Affiliate Fees occurring after the date of termination.

d.    if You fail to fulfil Your obligations and responsibilities throughout the Term, the Affiliate Fees otherwise owing to You on termination shall not be paid to You;

e.     the Company shall have the right to permit the continuing of the activity of New Customers and this shall not constitute a continuation or renewal of this Agreement or a waiver of termination; and

f.     You shall return to Company any confidential information and all copies of it in Your possession, custody and control.

Modifications & Language

63.  This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall prevail.

64.  This Agreement may be varied by the Company by posting a new version of the Agreement on the BetOlimp Website and notifying the Affiliate in writing that the Agreement has been varied. Modifications may include, for example, changes in the scope of available Affiliate Fees, payment procedures and general rules. If You do not agree to the modifications in question, You may terminate this Agreement in accordance with the terms provided herein. Your continued participation as an Affiliate following a notice of change will constitute binding acceptance of the change.

65.  The applicable version is that stated in the BetOlimp Website available at http://affiliates.betolimp.com/login.asp (version number 1, last updated on 6th June 2016).

Law & Forum

66.  This Agreement shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Dispute Resolution

67.  Any dispute or difference arising out of or in connection with this Agreement shall be subject to the sole jurisdiction of the Courts of Malta.

Assignment

68.  You shall not be entitled to assign or otherwise transfer this Agreement nor any of its rights or obligations without the Company’s prior written consent.

Waiver

69.  Any waiver by Company of any breach by You of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement.

Notices

70.  All notices pertaining to this Agreement will be given by email as follows: to You at the email address provided by You on the Online Registration Form (or as subsequently updated by You in the event of change), and to Company at the following e-mail address betolimpaffiliates@incomeaccess.com. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or 24 hours from the time of transmission.

Severability

71.  Should any provision contained in this Agreement be held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

Headings

72.  Headings are intended for clarity and to facilitate reading of this Agreement. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind Company in any manner whatsoever.

 

This Agreement is considered signed and approved

By

The Company

And

You

 

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