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General Terms and Conditions of Affiliate Cooperation

 

between

 

Eurotrade International Limited “ Eurotrade”

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

VAT ID Number: MT 17352904 

 

and the Affiliate


1.Preamble

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.comwww.Interwetten.dewww.Interwetten.eswww.Interwetten.gr, and www.interwetten.se as well as other domains and the respective mobile 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, services and brands.

The Affiliate is a person or company, who is willing to promote the Interwetten Websites and services and/or brand on the basis of these General Terms and Conditions of Affiliate Cooperation, the Affiliate Data Processing Agreement (as defined in clause 8.) and, where required, also under a licencing regime.

For Affiliates operating in

  • Germany, the terms in ANNEX 1

The special terms shall apply in addition to the General Terms and Conditions of Affiliate Cooperation.


2. The Agreement

a) The subject matter of the agreement is the inclusion of Advertising Material provided by Eurotrade on the Affiliate’s website or other media platforms operated by the Affiliate (“Affiliate Website” or Site”) 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 (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 Site 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 creation of the Advertising Material. The Affiliate shall pay any costs of the inclusion of the Advertising Material.
 

3. Prerequisite 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 require a license, or can even be prohibited. Therefore, it is of particular importance to Eurotrade and the operating companies of the Interwetten Group to ensure that gambling is conducted in a fair and open way, to protect minors and vulnerable persons from being harmed and/or exploited by gambling. Furthermore, Eurotrade aims to prevent gambling from being a source of crime or disorder, being used to support crime or disorder or being associated with crime or disorder. The Affiliate understands that he is not entitled to enter into this agreement and/or to include the Advertising Material on his Site if the advertising of or reference to online bets and games is not permitted according to the regulations of his country of operation and/or he cannot comply with the aforesaid objectives. 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 Site 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 Affiliate Website on his own behalf and is authorised to dispose of the Affiliate Website without restrictions.

c) By registering for the Interwetten Affiliate Program the Affiliate will be deemed to have read, understood and agreed to these Terms and Conditions of Affiliate Cooperation.  


 
4. Application

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. The Affiliate Application will form an integral part of the Affiliate Agreement. It is the Affiliate´s sole obligation to ensure that any information the Affiliate is providing with the registration is correct and valid and is kept up to date during the term of the Agreement. To become a member of the Interwetten Affiliate Program the Affiliate shall accept these Terms and Conditions as well as the relevant ANNEXES by ticking the relevant box in the Application form.

b) Eurotrade expressly reserves the right not to accept or to refuse applications at its own discretion without any restrictions at any stage of the application. Only applicants of legal age (18 years or older; 21 years or older in Greece) will be accepted as an Affiliate. This also applies to representatives of legal entities. Eurotrade requires detailed information and documents to verify the Affiliate account information for legal and regulatory reasons. This documentation may include but is not limited to: individual or corporate identity documents, proof of address, bank statements, tax identification numbers, information about directors and officers as well as shareholders and police conducts. Eurotrade may also conduct a credit assessment and solvency check of the applicant. If Eurotrade accepts the offer, the Affiliate shall receive a written confirmation together with an Affiliate Data Processing Agreementthe Affiliate shall accept. When entering into the Affiliate Cooperation, the Affiliate shall receive an affiliate ID and get access to the coded Advertising Material.
  • Eurotrade reserves the right to require additional information and documents at any time for legal and regulatory reasons. 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.

 
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 Affiliate Website on the day of the conclusion of this agreement. The Affiliate’s website or other media platforms operated by the Affiliate (“Affiliate Website” or Site”) 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 Affiliate shall not post or serve any Advertising Material on any website not owned by the Affiliate. The Affiliate shall not use direct media buyings, third party networks, framing techniques including but not limited to pop-up/pop-under windows, interstitial ads, or assist, authorise or encourage any third party to take any such action without Eurotrade’s prior written consent.

d) The design copyright in the Advertising Material provided under the Affiliate programme and any other information made available remains exclusively with Eurotrade.


 
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 the Affiliate 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 Affiliate Sites pointing to various landing pages as long as they are owned by the Affiliate.

b) The Affiliate commits himself to include on his Site 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 Site and any material shown on the Site. 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 Site 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 Site is not offensive or defamatory or otherwise unlawful and he shall indemnify and hold harmless Eurotrade, the Interwetten Group and its partners in this respect.

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 other Sites or part of them may not be directed to minors.

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 place the Advertising Material in any media directly, using direct media buyings, third party networks, framing techniques including but not limited to pop-up/pop-under windows, interstitial ads or other marketing techniques unless the Affiliate has submitted a detailed media plan for it´s campaign and obtained Eurotrade´s prior written approval.

i) The Affiliate is not entitled to use the name of Eurotrade or Interwetten or other designations or brands of Eurotrade, 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. The Affiliate will not purchase or register keywords, domains, search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other search or referral service, which are identical or similar to any of the Eurotrade or Interwetten trademarks or designs or otherwise include entirely or partially the Eurotrade/Interwetten trademarks or variations thereof, or include metatag keywords on the Affiliate Website which are identical or similar to any of the Eurotrade/Interwetten trademarks. The Affiliate will not register any trademark or domain name or any similar trademark or domain name which is similar to any trademark, domain name or brand used by or registered by Eurotrade or the Interwetten Group or its partners.

j) The Affiliate is not entitled to send direct marketing, such as emails, SMS, messenger or other text messages containing links to Eurotrade or Interwetten or Advertising Material without obtaining Eurotrade´s prior written approval. By no means the Affiliate will send direct marketing to any individual identified as being a minor or a self-excluded person.

k) 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.

l) 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 and will lead to the termination of the Contract.

m) The Affiliate undertakes to operate his website in compliance with applicable law and in particular to provide a proper imprint and in compliance with clause 10 of these Terms and Conditions.

n) 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.

o) 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


a) 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 General Data Protection Regulation (GDPR) and, 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.

b) 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 applicable data protection regulation (GDPR). 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.

c) The Affiliate shall also comply with all applicable legislation and/or regulations relating to the use of cookies and will comply with all necessary notification procedures of the use of cookies to all visitors to the Affiliate Websites. The Affiliate shall inform users of the Affiliate Website, in a privacy policy or other appropriate means, that a tracking technology will be installed on the user’s hard drive once the user clicks on the Advertising Material. The Affiliate shall provide users with information how to reject the installation of such tracking technology.

d) 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 a remuneration in accordance with these General Terms and Conditions of Affiliate Cooperation, ANNEX 1 or as agreed in writing between the parties.

b) The standard remuneration is based on New Customers referred to the Interwetten Websites. New Customers are those, 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 at least the applicable minimum deposit to the gaming account. Customers will be considered as New Customers and be subject to remuneration for 60 (sixty) month at the utmost and only as long as the New Customer has placed at least 1 (one) bet within the previous 360 (thirty six) days.

c) The amount of the remuneration is based on the amount of the total Net Profit generated by New Customers referred to the Interwetten websites by the Affiliate.
Any national taxes due will be deducted prior to the calculation of the Net Profit in accordance with the respective regulation. Eurotrade reserves the right to change the percentage rates at any time using the procedure for the alteration of the agreement according to clause 15. Eurotrade also reserves the right to enter into individual agreements.

d) Depending on the individual business segments, the Net Profit shall be calculated as follows:

Sports betting:
 Bets placed by New Customers less winnings paid, bonus costs, withdrawal fees and returned stakes, administration fees, bonus payouts, fraud costs and chargebacks, proportional royalties payable by the operator to the Sportsbook Software provider, and any taxes, duties and other deductibles as may be imposed by national laws from time to time.

Games (
Casino, Live Casino, Slots and other Games) Games stakes placed by New Customers less winnings paid, returned stakes, administration fees, fraud costs and chargebacks, game fees, bonus and jackpot contribution payouts and proportional royalties payable by the operator to the respective and games providers, as well as any taxes, duties and other deductibles as may be imposed by national laws from time to time. 

e) Notwithstanding the standard remuneration other remuneration schemes, such as fixed fees, CPA-, CPL- or hybrid-remuneration may be agreed between the parties.

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

g) Basically 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. Eurotrade reserves the right to also claim a deposit of 1,000.00 (one thousand) Euro from the Affiliate, to cover a negative account balance. 

h) The remuneration may only be paid by bank transfer to the account in the name of the Affiliate as stated within the application form. The remuneration 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 mandatory that the Affiliate provides his IBAN Code in the application form, together with the BIC/ABA/Swift Code if applicable. Eurotrade reserves the right to withhold any payments to the Affiliate due to incomplete and/or inaccurate bank details, pending investigations and/or the risk of fraud.

i) 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.

j) The Affiliate may access his personal online statistics with user name and password in order to stay informed about the current state of his referrals and the remuneration resulting from them.

k) 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.

l) The Affiliate shall be solely responsible to pay any and all taxes, levies, fees, charges and any other money due both to any national or foreign tax authority or other competent entity as a result of the remuneration generated under this Affiliate Cooperation. Eurotrade and the Interwetten Group shall under no circumstances be held liable for any such amounts unpaid but found to be due by the Affiliate.

m) The Affiliate shall not be entitled to a Remuneration
  • in the event of a breach of clause 7 (Duties of the Affiliate) and/or 10 (Compliance) of this agreement, or
  • if the referred New Customer is the Affiliate himself, one of it´s employees, managing directors, board members or direct or indirect shareholders, holding directly or indirectly a share of at least 15% in the share capital or the voting rights in the Affiliate, or is a family member to any of the natural and/or legal persons, or
  • If the referred New Customer has not placed a bet within 360 days,
  • if the referred New Customer was generated through Affiliate’s Websites or other advertising surfaces more than 60 (sixty)month ago, or
  • if the referred New Customer was generated through Affiliate’s Websites or other advertising surfaces after Eurotrade’s request to Affiliate to remove the Advertising Material.


10. Compliance

a) By submitting the online application form to Eurotrade, the Affiliate warrants that and shall indemnify and hold harmless Eurotrade and the Interwetten Group for that
  • the information the Affiliate provides Eurotrade is complete, updated, valid and correct,
  • in the event the Affiliate is a legal person, the person submitting the application has the full right, power and authority to enter into this agreement on behalf of such entity. A power of attorney shall be submitted to Eurotrade upon its request.
  • Affiliate’s activities shall at all times fully comply with these Terms and Conditions.
  • Affiliate’s activities shall at all times 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.
b) Furthermore, 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, with regulatory requirements and license conditions issued by Regulatory Authorities that are applicable to the Interwetten Websites. This especially applies to specific advertisement restrictions issued in industry guidelines or codes. The Affiliate shall at all times honour and follow the same rules, particularly with regards to:

aa) Minors: The Affiliate shall under no circumstances use the Advertising Material or any other material to target minors (any person under the minimum age requirements to participate in online gambling as defined by the national laws of the respective EU country. In most cases this minimum age is 18 years, but in some cases (e.g. Greece), it is 21 years), meaning advertisement shall not be placed or designed to attract minors. The Affiliate shall not use the Advertising Material on websites or in social media postings in the context of colourful animated characters, that are common in children´s cartoons or movies, such as fairy-tale-characters or animals or superheroes. The Affiliate shall refrain from targeting people in the transition from adolescence to adulthood.

bb) Responsible Gaming: The Affiliate acknowledges that Eurotrade and the Interwetten Group are placing great emphasis on player and consumer protection as well as the prevention of gambling addiction. Therefore, the Affiliate will ensure compliance with the applicable laws and regulations relating to responsible gaming advertising in the respective jurisdictions and will always include responsible gaming information or logos as required and will not delete such information from Advertising Material.

cc) AML: Eurotrade intends to prevent gambling from being a source of crime with regards to the EU anti money laundering directive, local laws on the prevention of money laundering and financing of terrorism. According to the laws applicable and Eurotrade´s and Interwetten´s AML policy the Affiliate will be required to verify it´s identity by providing documents and information as requested by Eurotrade. Furthermore the Affiliate shall inform Eurotrade immediately about any suspicious action in connection with the fulfilment of it´s obligations under this Agreement, which would provide indications that acts of money laundering, terrorist financing, fraud or other criminal acts are being planned or carried out.

c) 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, Limitation of Liability and Penalty

a) Eurotrade makes no warranties or representations regarding the Affiliate Program, including but not limited to functionality, merchantability, performance, availablity or legality. Eurotrade makes no representation that the operation of the Interwetten websites will be error-free or without any interruption and Eurotrade will not be liable for any consequences of errors or interruptions.

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 in any case 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, directors, board members, representatives and partners for and hold harmless from any claim for alleged or actual liquidated damages, infringement and/or infringement of third party rights by the Affiliate in connection with the Affiliate Program. This shall in particular apply to claims that may arise in connection with
  • submission of a warranty claim against the Affiliate, or
  • the performance of any of the Affiliate’s obligations within this agreement, or
  • a negligent or wilful behaviour 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.
d) 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 administrative fines, penalties or punitive damages as well as the costs of proper legal defence.

e) Affiliate commits himself to pay for each case of infringement against clause 7, 8 or 10 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 may 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. 

b) Notice of termination shall be sent by e-mail as provided by the Affiliate in the online application.

c) 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 of retention.

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

e) Upon termination of the agreement, the Affiliate is not entitled to receive any further remuneration or other compensation from Eurotrade.

f) 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 a minimum amount of 1 (one) active New Customers per month.


 
13. Inactivity

a)Eurotrade reserves the right to terminate the agreement in case of inactivity. Eurotrade regards an Affiliate as inactive if he fails to produce the minimum amount of active New Customers in 3 (three) consecutive month or in 3 (three) month within a 6 (six) month period.

b) If a Customer is deemed to be inactive Eurotrade may, at it´s sole discretion, de-flag that Customer, so that the Affiliate will not be entitled to a Remuneration. Eurotrade regards a Customer as inactive after 365 days without activity at the latest.


 
14. Confidentiality

a) Any information, in particular business and financial information, shall be treated confidential at all times 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 to 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 and in compliance with the GDPR.

d) The Affiliate´s obligation in regards to confidentiality also applies to it´s employees and any third parties whom the Affiliate uses to fulfil 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 and shall survive the termination of the Affiliate Cooperation.


 
15. Alteration of the Agreement

a) Eurotrade, at its sole discretion reserves the right to alter or amend any of the regulations and provisions hereunder at any time. The Affiliate shall be notified of any amendments or alterations 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.

b) In addition, Eurotrade reserves the right to transfer any or all rights and duties under this agreement to another company of the Interwetten Group.


 
16. Miscellaneous

a) The legal relationship between the Affiliate and Eurotrade shall be governed by Maltese law, except its conflict of law rules ant the ROM I Regulation. 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 shall be made in accordance with clause 15 of this Agreement. Verbal subsidiary agreements do not exist.

c) If any of the provisions hereunder are or will 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 validity of other provisions in 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.
 

Malta , Version 2021

 

 

 

ANNEX 1 – TERMS FOR OPERATING IN GERMANY

 

For affiliates for Germany, in addition and/or in alteration to all the above clauses, the following Terms and Conditions apply:

1.For Germany the Interwetten Websites shall be limited to interwetten.de and the respective sub domains and mobile domains.

2. The Affiliate shall only use the Advertising Material specifically designed for the German market. The Affiliate shall always use the Advertising Material including the mandatory notice on the exclusion of minors, responsible gaming and helplines for gambling addiction.

3. The Affiliate acknowledges and agrees to comply with the latest version of the Advertising Guidelines (Werberichtlinie gemäß § 5 Abs. 4 Satz 1 GlüStV) as well as the provisions in § 5 GlüStV 2021. Furthermore the Affiliate shall comply with the provisions of Interwetten´s Advertising License issued by the District Government Dusseldorf (Bezirksregierung Düsseldorf) 

Without prejudice to the generality of the foregoing, the following is NOT ALLOWED, including (without limitation):

  • Advertising unlicensed/illegal gambling
  • Advertising via email or SMS
  • Advertising aimed specifically at minors or similarly vulnerable target groups; as far as possible minors are to be excluded from advertising as recipients
  • Advertising that encourages gambling
  • Deceptive advertising
  • Advertising that promotes illegal gambling at the same time
  • Advertising that suggests that gambling could be a sensible strategy to improve the financial situation
  • Advertising that encourages you to regain losses or reinvest profits
  • Advertising that inappropriately depicts the random nature of gambling
  • Advertising that makes gambling appear a commodity in everyday life
  • Advertising immediately before or during the live broadcast of sporting events on this sporting event also applies to advertising during breaks in a live broadcast or during advertising interruptions during live reports
  • Advertising during the live broadcast of sporting events on this sporting event using current odds
  • Link between the advertising of bets on a sporting event and the associated live intermediate results.
  • Results of games of chance must not be presented as being influenced by the player
  • Advertising for virtual slot machine games, online poker and online casino games
  • Advertising of sports betting with active athletes and/or officials
  • Google ads or social media ads.
4. The remuneration is based on New Customers referred to the Interwetten Websites. New Customers are those, 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 at least the applicable minimum deposit to the gaming account of 10,00 (ten) EUR. The remuneration will be a one-time payment of 50,00 (fifty) EUR per New Customer.

5. Eurotrade expressly points out that the regulation provides for fines of up to 500,000 euros for violations of advertising rules. The Affiliate shall indemnify Eurotrade and the Interwetten Group as well as their employees, directors, board members, representatives and partners for and hold harmless from any such claim.

6. The Affiliate acknowledges and agrees to comply with the German imprint requirement for the Affiliate´s Website(s).

 
Malta , Version 3.0 last update 30.06.2021 – Amendments reserved

 

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