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Gaming Trading Limited Affiliate Program – Terms & Conditions

Date of latest version: 05.04.2016
1. Term Agreement
This affiliate agreement outlines the entire terms and conditions in force upon clicking ‘’I have read and agree to the affiliate terms and conditions (hereinafter the ‘’terms’’) within the registration form between Gaming Trading Limited with company registration number C 62630 (hereinafter ‘’The Company’’), operating place of business being located at Office 21, Regent House, Triq Bisazza, Sliema SLM1640 in Malta, and you following your application to function as an affiliate (hereinafter the ‘’affiliate’’), which is a person or organisation with legal capacity whom operates one or more websites on the internet, in the GTL Affiliates program.
The Company reserves the right to amend any clauses of this agreement. Any changes to the agreement will be sent to each Affiliate giving them 30 days’ notice to agree to the new terms set out in this agreement.
It is of utmost importance that you have read and understood these Terms and Conditions. By finalizing the application and agreeing to the terms and conditions of this agreement you are subject to our approval of your application.
You will be obliged to comply at all times with the terms of this agreement, the general terms and conditions and privacy policies of the websites we operate: www.SpelaSäkert.com and www.SaferGambling.com (The ‘’Company websites’’), in addition to any other terms and guidelines occasionally presented. Date of effect of the agreement between the company and affiliate will be on the date that the company has approved the affiliate application form.
This agreement between the Company and the Affiliate governs the terms and conditions related to promoting of our websites by the Affiliate, for example banner promotions or hyperlinked text from the Affiliate site(s), to the company websites, bound by the terms of this agreement, upon which the Affiliate will be paid out commission as outlined further down this agreement, continuously subject to the terms and conditions of this agreement.

2. Qualifying Conditions
The affiliate hereby warrants and represents that:
a)    Is of legal age in the respective jurisdiction in order to enter and agree into the agreement
b)    Will retain during its entire term of this Agreement, authority and title to enter into this Agreement to perform all its obligations, and comply with all applicable rules, laws and regulates of the company websites
c)    In case of a natural person that he/she is not under the age of 18 years, and is obliged to provide the Company a copy of his/her ID if the Company decides to request this
d)    Fully accepts and understands the terms of this agreement


3. Responsibilities and Obligations of the Company

The Company shall thoroughly review the submitted application by the Affiliate and respond in writing whether the Affiliate application has been accepted or denied.
The Company reserves the right to refuse the Affiliate application for any reason in its sole discretion, or may decide to request further information from the Affiliate, in the case further information has been requested and provided by the Affiliate, the entire Affiliate application will be considered as a re-submission and reviewed entirely. 
The Company, upon approval of Affiliate application, shall provide the Affiliate with all necessary information and marketing material to implementation of the respective unique tracking link.
The Company shall fully administrate the turnover generated by the Affiliate through its tracking links and keep record of the net revenues and total commission amount earned whilst providing the Affiliate with all related statistics.
 
4. Responsibilities and Obligations of the Affiliate

a)    The Affiliate shall not actively target jurisdictions where gambling and the promotion of this is prohibited
b)    The Affiliate shall not perform marketing activities which are considered inappropriate, unlawful and not in line with good industry practice, such as: spam, discrimination, obscenity, violent or sexually explicit materials
c)    Register as a player and making deposits directly, or indirectly, to an account through its own tracking links for personal use – this includes friends, employees, relatives and other third parties and any other attempt to artificially increase commission payments and other attempts to perform fraudulent activities. If the Affiliate is found suspected and/or proved to be guilty as of such activities and violation of these provision, the Company has the right to immediately terminate the Agreement and close any related Affiliate and/or player account and retain earnings of the Affiliate who is found in violation of the above.
d)    The Affiliate agrees to solely use the links, promotional, marketing and advertising material provided through its affiliate program and no other material of our brands unless specifically authorized in writing by the Company.
e)    The Affiliate agrees to not present its affiliate website(s) in a way that might display a risk of confusion with Gaming Trading Limited and/or its brands, and create the impression that the Affiliate website is in any way produced by Gaming Trading Limited and/or its brands.
f)    The Affiliate will not purchase or attempt to register any domains, keywords, search terms or other identification methods used for any search engine, sponsored advertising services or any search or referral services which may be identical or appear similar to any of the Company’s brands and trademarks, these include: ‘’SpelaSäkert’’, ‘’SaferGambling’’ and any variations of these and our brand slogans.



5. Payments
The Company shall pay Affiliate commission based on the Net Revenue generated from new customers who access the Website(s) by clicking on a tracking link provided to the Affiliate through its Affiliate Program. Definition of New Customers shall be newly acquired customers who Gaming Trading Limited did not previously possess and did not have an account before and accessed the Website through clicking on the tracking links on the Affiliate’s website provided by the Company’s Affiliate program. Having successfully and properly finished the registration form and made a real money transfer of at least €10 / 100 SEK or equivalent value in other currency or any minimum deposit amount that is different than specified amounts stated by the respective brand General Deposit Rules.
The commission shall be calculated as a percentage of the Net Revenue that has been generated from the New Customers referred to the respective brand by the Affiliate site. Commission shall be deemed to be inclusive of value added tax and any other tax if this applies.
The Commission granted will be in accordance of the stated commission structure and percentages applicable.
All Commission payments will be settled in the Euro currency unless currency agreed upon during application period, regardless of the home country of the Affiliate.
The Company will pay out the Affiliate commission on monthly basis for all New Customers referred and assigned to the Affiliate from the date of effect of this agreement and payments will be done no within the first 2 weeks of each calendar month, as long as the amount due exceeds the minimum threshold for pay-out amount of €100. If the balance is less than the minimum threshold it will be carried over to the following month until the collective balance matches or exceeds the minimum threshold.
Payment of Commission will be done through the preferred method chosen by the Affiliate during its application, this can be via Skrill, Neteller, Trustly, Paypoint / Pay360, Direct Bank Transfer or to Player Account. In the event of withdrawal through Player Account, documentation for KYC (Know Your Customer) purposes may be required in accordance with regulations set by the Maltese Gaming Authority before a withdrawal can be processed.
In case of a miscalculation of the Commission, the Company reserves the right to correct this at any time and will immediately pay out underpayment, or reclaim overpayment made to the Affiliate.
If the Affiliate disagrees with the Commission balance reported, they are obliged to notify the Company within thirty (30) days in written form and to elaborate on its reasons of such dispute. Failure to notify the Company within the pre-set time limit mentioned shall be deemed to be considered as an irrevocable acknowledgement of the Commission balance due for the specified time period. The e-mail address to which such e-mails needs to be sent to is: payment@gtlaffiliates.com or any other e-mail address as notified in writing by the Company to the Affiliate.
The Company reserves the right to withhold any balance for payment from the Affiliate whilst it investigates and verifies that the transactions in question comply with all the provisions of the terms stated.
The Affiliate hereby agrees to immediately return all commissions received through fraudulent and/or falsified transactions at the full amount in question plus any additional payment fees due.
Both Parties hereby agree that upon termination of this agreement by either party, the Affiliate shall no longer be entitled to receive any further payments of any nature from the Company in the event all payments due have already been settled.

6. Sub Affiliates
You will not directly or indirectly offer any potential Affiliate or Sub-Affiliate any incentive (including payment of money or other benefit) to use the Links or Code;
Sub-Affiliates may not be directly or indirectly owned or controlled by you or your immediate family and you shall not be entitled to any payment under this Agreement in relation to such a Sub-Affiliate.
In addition to payments to be made, where a new affiliate registers for the Affiliate program for the first time via the links (Sub-Affiliate), you will be entitled to a payment equivalent to the percentage notified to you via the Affiliate program site, of any payments made to such Sub-Affiliate under its affiliate agreement with GTL Affiliates.
In the event that any Affiliate payment to a Sub-Affiliate is reclaimed under the terms of its agreement with GTL Affiliates or payments are made to you in breach of clause 5 above, you will promptly repay the amount paid on receiving notice from GTL Affiliates.

7. Use of Marketing Material website and links

Subject to the terms and conditions of this Agreement, the Affiliate is hereby granted a revocable, limited, non-exclusive, non-transferable right to display the marketing material provided within the scope of the Affiliate program (the “Marketing Materials”) on the Affiliate site/s during the term of this agreement. The display shall always be in accordance with the Affiliate guidelines as provided within the scope of the Affiliate Program (as amended from time to time at the Company’s sole and absolute discretion). The Affiliate shall make no other use of the marketing material. The use of the marketing material must be professional, proper and lawful under applicable laws. For the avoidance of doubt, the Affiliate shall not be entitled to sublicense or otherwise assign any right of use (in whole or in part) of the rights granted hereunder.
The Affiliate is not permitted to alter or in any way modify any of the marketing material without the express prior written consent of Company authorized in writing by the Company.
All intellectual property rights and any goodwill arising in links and all marketing material, products, associated systems and software relating to the Website shall remain the property of GTL Affiliates. The Affiliate shall not acquire any intellectual property rights whatsoever in such materials.
The Affiliate shall immediately bring to the attention of the Company any improper or wrongful use of the Company's intellectual property that comes to the attention of the Affiliate.
The Affiliate shall, in the performance of its duties under this Agreement, use every effort to safeguard the intellectual property rights of the Company. The Affiliate shall not act in a way which is inconsistent with or undermines GTL Affiliates’ ownership of any of the trademarks contained in the marketing material or the Company´s license therefrom. The Affiliate shall not use such trademarks as its trade name or company name, attempt to register, register or otherwise challenge any name, mark, design, logo or websites that is similar to or may be confused with the Company’s and/or any of its affiliates' intellectual property. In particular, unless prior written approval, the Affiliate may not purchase, register, attempt to register or use domain names, search terms which are identical or similar to any of the Company’s trademarks.
Further, the Affiliate agrees that the Affiliate sites and/or other types of communication shall not in any way resemble the appearance and/or the general impression of the Website, nor will the Affiliate create the impression that the Affiliate sites are the website or any part thereof.

8. Termination
This agreement will be binding once the Affiliate application has been approved by the Company, and will therefore continue unless it has been terminated by either party in written notification by e-mail with no less than thirty (30) days written notice.
Should this agreement be terminated then both parties, in particular the Affiliate, agree that it will cease the use of any service marks, logos, trademarks and any other designations of the Company.
Furthermore the Affiliate herby agrees that upon termination of this agreement, the Affiliate will immediately remove any references to the Website from the Affiliate site/s and will refrain from further promoting any associated brands, both commercially and otherwise.
Additionally all rights and licenses granted under this agreement to the Affiliate will be terminated with immediate effect.
The Affiliate shall only be entitled to earned and unpaid commissions up to the date of termination, provided that no unlawful and/or fraudulent activities have been performed, and payment may be withheld up to one hundred and eighty (180) days to ensure the correct commission payment will be settled, and the Affiliate will not be due any payments that have relation to activity of a date later than the date of termination of this Agreement.
In case this Agreement is terminated by the Company related to breach of terms or law performed by the Affiliate, the Company will be entitled to withhold any earned and unpaid commission following the termination date as collateral for any legal or other claims related to the Affiliate’s breach and will not require any notice period and will be in immediate effect following notification from the Company to the Affiliate.
The Affiliate will immediately return upon termination of this Agreement, all confidential information, copies and any derivations of these, in the Affiliate’s possession and/or control.
The Affiliate will furthermore release the Company from all liabilities and obligation occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach in relation to Confidential Information even if the breach arises at a time following the termination of this Agreement.



9. Liability
The Affiliate agrees to safeguard, compensate, and hold the Company and its partners, replacements, senior management, staff, representatives, shareholders and legal representatives, barred and harmless from and again any and all allegations and accountabilities, this includes justifiable legal and professionals’ fees, associated or originating from:
a)    Any violation of this Agreement
b)    Any breach of the Affiliate’s portrayals, assurances or stipulations under this Agreement
c)    All handling and actions appearing under the Affiliate’s User ID and password
d)    Any treatment or mistreatment of the marketing materials by the Affiliate
e)    Any allegation or argument that the Affiliate’s website, or the Affiliate’s information and data breaches any third party’s patent, copyright, trademark, or other intellectual property rights or breaches any third party’s rights of privacy or publicity
f)    Any derogatory, vilifying, or illegitimate material enclosed within the Affiliate’s website or as component of the Affiliate’s information and data
g)    Third party access or use of the Affiliate’s website or to the Affiliate’s information and data.
h)    Any allegations associated to the Affiliate website

10. Force Majeure:
The Affiliate acknowledges and hereby agrees that the use of the internet is at its own risk and that this Affiliate Program is provided without any warranties or conditions whatsoever. No guarantee is made that access to the website is possible at all times or from specific location(s).
The Company can in no event be held responsible or liable, to the Affiliate or any other third party for any inaccuracies, errors or omissions in, or loss, injury nor damages caused in its entirely or partially by delays, service interruptions or failures by the Company website(s) or Affiliate Program. If the force majeure event exists for a period longer than thirty (30) days, then either party may terminate the Agreement without any notice.
The Company reserves the right to engage, at its own expenditure in the defence of any matter or allegation related to the above.

11. Warranties
The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the company website or the affiliate program.

12. Company Rights
The Company may refuse any player or close a players account if it necessary to comply with the company’s policy to protect the interest of the company
The Company may refuse any applicant and may close and affiliate account if it is necessary to comply with the company’s policies and to protect the interest of the company. If the affiliate is in breach of this agreement or the company terms or the others rules, policies and guidelines of the company, then the company may besides closing the affiliate account, take any other legal steps to protect its interest.

13. Severability
Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law but if any provision of this agreement is held to be invalid. Illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity or unenforceability without invalidating the remainder of this agreement/ No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

14. Miscellaneous

The Company may reject any customer or close a player’s account if this is found to be mandatory to be able to comply with the Company’s policy and/or safeguard the interest of the Company.
The Company may reject any applicant and/or may close any Affiliate’s account if this is found to be mandatory to be able to comply with the Company’s policy and/or safeguard the interest of the Company. If the Affiliate is found to be in infringing this agreement and/or the Company’s terms or other stated rules, policies and guidelines of the Company, the Company may close the Affiliate’s account and decide to take any further legal steps to protect its interest.

Version: 1.0.1 Date: 05. April 2016