EGB Affiliate Terms and Conditions (the “Agreement”) is a legal agreement between EGB and Affiliate.
By registering in the Advertising Program Affiliate confirms that Affiliate has read, acknowledges and agrees to all the terms and conditions of this Agreement.
If a person is entering into this Agreement on behalf of a business entity, by doing so, he/she represents that he/she has the legal capacity and authority to bind such a business entity to this Agreement.
This Agreement starts when EGB approves Affiliate’s application for the participation in the Advertising Program and confirms Affiliate’s Account by sending a confirmation email to Affiliate.
“Agreement” means these EGB Affiliate Terms and Conditions and any other additional advertising rules and terms published on the Advertising Program’s websites and/or otherwise notified to the Affiliate by EGB.
“EGB” means Exedra N.V., a limited company with its registered office at E-Commerce Park Vredenberg, Curaçao who owns and operates the EGB Advertising Program.
“Affiliate” means an individual or a business entity, approved by EGB as a participant of the EGB Advertising Program, and whose name and address are specified in the Account with EGB.
“Advertising Program” means EGB’s proprietary web-based advertising platform, accessible at egbaffiliates.com or at any other website or mobile application provided by EGB.
“Media" means (i) websites, social media groups, accounts or channels owned, controlled or operated by Affiliate; and/or (ii) email campaigns, social networks campaigns, search engine advertising campaigns or other campaigns run by Affiliate in compliance with this Agreement.
“Tracking URL” means a unique URL or a sign-up bonus code which directs New Customers to the EGB's destination and serves to attribute a particular New Customer to EGB according to this Agreement.
“Creatives” means graphic and textual materials and/or other creative materials promoting EGB, its brand(s), products and/or services, which Affiliate may display on Media.
“Ad”, “Ads” means a banner, text, post or any other type of online advertisement that includes Creatives, contains a link to the landing page for the advertising campaign, mobile application or to other destinations, including Tracking URL, and is placed and displayed by Affiliate on its Media.
“Revenue Share” means a remuneration model when EGB pays Affiliate a share of net revenue earned and actually received by EGB resulting from a New Customer, subject to all requirements, restrictions and provisions of this Agreement.
“Fraud” means, by way of example, (i) actions that result in duplicate New Customers, (ii) encouragement of bonus abuse on the part of a New Customer, (iii) actions that involve or lead to, or use of fraudulent information, expired authorizations, non-sufficient funds, bank processing errors, duplicate billing, identity theft or card fraud, (iv) chargeback or refund executed by a New Customer in relation to their initial deposit, (v) collusion on the part of a New Customer with any third party on the EGB’s website or other destination, (vi) opening of an account with EGB in breach of the terms of this Agreement and/or of the agreements with EGB, including false accounts for the purpose of generating fees, (vii) offering or providing by Affiliate or any third party of any incentives, including without limitation when a New Customer is promised or offered any form of compensation or rakeback for visiting EGB’s destinations, using EGB’s products or services, performing actions, becoming a registered user, etc., (viii) creating or using a single link intended to be used by a single user, or register as a New Customer or make deposits to any account (directly or indirectly) through the Affiliate’s Tracking URLs for the Affiliate’s own personal use and/or the use of the Affiliate’s relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the fees payable to the Affiliate or to defraud EGB; (ix) use of automated crawlers, robots, scripts, automated redirects, spiders, software, scrapers, frames, iframes, scripts, “refreshing” of pages or other mechanical, artificial or fraudulent means to generate New Customers, (x) use of deceptive methods to encourage a person to click on the Ad and/or to perform actions, (xi) manipulations with Tracking URLs, including cookie stuffing, (xii) actions taken in order to alter, redirect or otherwise interfere with the operation or accessibility of EGB websites; (xiii) attempts to circumvent any restrictions which have been put in place to prevent users from the Restricted Territories from signing up as real money players, or to disguise the geographical location of a New Customer, and (xvi) any other act by Affiliate or New Customer which is reasonably understood to have been committed in bad faith against EGB regardless of whether or not such action has resulted in any type of harm or damage to EGB.
“Marks” means trademarks, service marks, brand names and other designations of EGB or of its products, goods or services.
In order to become Affiliate and to participate in the Advertising Program a person shall submit an application and to register for an Account (“Applicant”).
An individual may apply only if he/she is 18 years of age or over (or such other higher minimum legal age in Affiliate’s country) and it is legal for him/her to do so according to the laws that apply in his/her country.
Applicant can open an Account by entering its valid email address and login name, and choosing a password (collectively - “Login Details”), and other information such as Applicant’s:
(i) first and last name or company name,
(ii) full address,
(iii) date of birth (for individuals),
(iv) information about Affiliate’s Media (e.g. valid domain name of the website owned or operated by Affiliate),
(v) company registration number (for legal entities),
(vi) company registration date (for legal entities),
(vii) company representative name and position (for legal entities), and
(viii) all other information requested by EGB in order to complete the application review.
After EGB reviews Applicant's application, EGB will notify Applicant of its acceptance to the Advertising Program or rejection. EGB may accept or reject the application at its sole discretion for any reason. Applicant hereby waives any claims related to rejection of its application.
Applicant/Affiliate shall ensure that information provided at or after registration is always accurate and kept up to date.
Affiliate will be able to change information provided at registration by editing its Account preferences or by contacting the EGB support team.
Affiliate must not disclose its Login Details to anyone and allow anyone else to use them. Affiliate is responsible for the security of its Login Details.
Everyone who identifies themselves by entering correct Login Details is assumed by EGB to be Affiliate and all transactions where Login Details have been entered correctly will be regarded as valid and attributed to Affiliate.
In the event that EGB discovers, or reasonably believes, that Affiliate has opened more than one Account, in addition to any other rights that EGB may have against Affiliate, EGB reserves the right to suspend duplicate Accounts without any notice until all the details and balances belonging to Affiliate are consolidated. All other Accounts will be terminated leaving a single active Account for Affiliate to use.
It is Affiliate’s sole responsibility to ensure that at all times it complies with the laws that govern Affiliate’s activities and that Affiliate has the complete legal right to participate in the Advertising Program.
Subject to the terms, limitations and conditions herein, EGB provides Affiliate with access to EGB’s advertising campaign(s).
Affiliate will be able to start its advertising campaign provided that (i) EGB, at its sole discretion, has approved Affiliate as such, and (ii) Affiliate has accepted the terms and conditions of this Agreement.
Additional advertising rules and terms if published on the Advertising Program’s websites and/or otherwise notified to the Affiliate by EGB are included in this Agreement by reference and may set out:
(i) Targeting (e.g. demographic (gender, age) and/or geographic targeting), traffic (e.g. retention rate) metrics or KPI metrics;
(iv) Definition of a New Customer, including specifics as for qualifying and Non-Qualifying New Customers, or calculation of net revenue
(v) Specific Revenue Share percentage;
(vi) Payment terms;
(vii) Restrictions to specific promotional methods or Media, and/or to Ads; and
(viii) Any other terms, requirements and restrictions determined by EGB.
EGB may change, modify or cancel any term and condition of its additional advertising rules and terms, in whole or in part, at its sole discretion.
In case of conflict of this Agreement and the applicable additional advertising rules and terms, the terms and conditions of the latter shall prevail.
Affiliate agrees to work in full transparency with EGB and agrees to provide EGB with all applicable information regarding Affiliate’s activities, including without limitation, the promotional methods used in order to promote and direct traffic to Media and/or to Ads.
EGB reserves the right to refuse service to any potential New Customer, to active customers of EGB services, including a New Customer, and to close an account of any customer, at any time, in its sole discretion. All data relating to any potential, active or former customer, including New Customers, shall, as part of the relationship between EGB and Affiliate, remain the exclusive property of EGB and Affiliate acquires no right to such information except pursuant to EGB’s express written instructions.
If a New Customer has not placed a single real money bet on EGB sites for a period of one year, EGB will remove that New Customer from Affiliate’s tracker and this Affiliate shall no longer receive remuneration related to this customer. Such a customer may be further assigned to another affiliate in the event that it returns to EGB sites via another affiliate's Tracking URL.
EGB will make available to Affiliate Tracking URLs and may provide Affiliate with (i) resources, guidelines, support, technical and integration assistance relating to Affiliate’s use of the Advertising Program, and (ii) Creatives, which can be integrated into Ads and which Affiliate shall or may display on Media subject to terms and conditions of this Agreement.
EGB grants Affiliate a nonexclusive, nontransferable, revocable right, during the term of its participation in the Advertising Program and subject to the limitations set forth in this Agreement (i) to promote EGB’s brands, products or services to Affiliate’s audience, users, prospects and customers in accordance with this Agreement, and (ii) to place Tracking URLs and Creatives on Ads and Media in accordance with this Agreement, solely for the purpose of promoting EGB’ brands, products or services.
Affiliate may not alter, modify, manipulate or create derivative works of the Creatives or any EGB’s or EGB’s graphics, creative, copy or other materials owned by, or licensed to EGB or to EGB in any way, unless Affiliate has received prior written consent from EGB to do so. Affiliate is only entitled to use these materials, in accordance with this Agreement.
Affiliate may not modify Tracking URLs.
In the event that EGB determines that Affiliate’s use of Tracking URLs and Creatives is not in compliance with this Agreement, EGB shall be entitled to take such measures as to make Tracking URLs used by Affiliate inactive and require Affiliate to immediately stop distributing Ads containing Creatives.
EGB may change, suspend, alter, modify or discontinue any aspect of Tracking URLs and Creatives provided to Affiliate. Affiliate agrees to promptly comply with any request from EGB to remove, alter or modify Tracking URLs and/or Creatives that is being used by Affiliate as part of Affiliate Program.
Affiliate must first submit to EGB for review and approval all Media it will be using, as well as proposed Creatives (if such Creatives are not provided by EGB). EGB will notify Affiliate if Media and/or proposed Creatives have been approved for use or rejected as inappropriate.
If Affiliate wishes to place Tracking URLs and Creatives within media or on sites other than approved Media Affiliate must request and receive EGB’s prior permission for the placement of Tracking URLs and Creatives on such alternative media or sites. If permission is granted, such alternative media or sites shall then become Media for the purposes of this Agreement.
Affiliate accepts that all Affiliate’s costs in connection with Affiliate’s activity under this Agreement shall be borne solely by Affiliate and EGB shall under no circumstances participate in such costs.
Affiliate shall be solely and exclusively responsible for:
(i) the accuracy, truthfulness, and appropriateness of materials posted on Media,
(ii) any links, that lead from Affiliate’s Media to any other website and for any content that can be found by following these links,
(iii) the design, development, operation and maintenance of Affiliate’s Media,
(iv) any of its sub-affiliates and all and any of their activities (in case Affiliate runs its own affiliate network or program), and
(v) for any use of Media not operated or controlled by Affiliate.
Affiliate at all times must have express permission:
(i) to use third-party copyrighted or other proprietary material on Media, Ads or as a part of Creatives (if such Creatives are not provided by EGB), and
(ii) to use any name, image, likeness, or other aspects of an identity of another individual (e.g. photographs or images of individuals).
EGB will not be responsible if Affiliate use third-party copyrighted or other proprietary material, or infringe on right of publicity or personality rights in violation of the law.
Media (including any of their content and linked content), Creatives (if such Creatives are not provided by EGB), Ads and Affiliate’s advertising, promotional and marketing campaigns under this Agreement, including, but not limited to the activities of direction and provision of traffic of New Customers shall not at any time:
(i) target any person who is under the legal age for using EGB’s products and services according to the applicable law;
(ii) target any person within territories which are Restricted Territories (according to the EGB Terms and Conditions) or territories included on the restricted marketing list;
(iii) portray children or underage person gambling or be deemed appealing to children or underage person;
(iv) depict gambling as a way to success or achievement, or as a possibility of making profit;
(v) contain exaggerated claims concerning EGB or any of its products or services;
(vi) violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
(vii) display, contain or link to any material which is harmful, threatening, defamatory, abusive, hateful, obscene, sexually explicit, harassing, libelous, slanderous, injurious, promote violence, promote discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promote illegal activities, contain profanity or otherwise contain materials that EGB informs Affiliate is considered objectionable;
(viii) make any representations, warranties or other statements concerning EGB or any of its products or services;
(ix) provide inaccurate information about EGB’s Marks, goods and services;
(x) misleadingly compare EGB’s Marks, goods and services to competitor's marks, goods and services or create confusion between EGB’s Marks, goods and services and marks, goods or services of its competitors;
(xi) contain misleading information;
(xii) refer to an individual in any manner, including by using voice, images or pictorial representations of an individual, unless prior written consent has been obtained from this individual;
(xiii) involve content locking;
(xiv) involve framing;
(xv) display fake errors or warnings to induce user action, including, for instance, warnings about viruses, missing codecs, and corrupt disks;
(xvi) be abusive or fraudulent;
(xvii) be likely to deceive the public; and
(xviii) be otherwise illegal, violate the rights of any third party or infringe upon any applicable law, including, but not limited to advertising or gambling laws and regulations of the country of EGB’s location and/or of the countries where Ads are displayed.
It is prohibited under this Agreement and Affiliate shall refrain from:
(i) keyword advertising with Internet search engines by bidding on keywords referring to EGB’s Marks, including but not limited to Marks spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages);
(ii) advertising on any website or other media on which EGB or its subsidiaries promote their brands, products or services;
(iii) applying for or registration, including but not limited to trademark or internet domain names, of any of EGB’s brand names, Marks, designations spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages), or any domain name, trade or service mark which consists or comprises word or words, logo or their parts similar to EGB’s brand names, domain names, designations and Marks for any goods or services in any country;
(iv) use of any means to promote any of the websites that resemble in any way the design of EGB websites whether in whole or in part, or use of any such means to create the impression that such websites are EGB’s websites (or any part thereof);
(v) contacting EGB users whether directly or indirectly to solicit them to move to any site not owned by EGB or for other purposes including but not limited to via email or chat boards; and
(vi) any other activities that result in Affiliate’s competing with EGB in relation to the promotion of any of the EGB websites, brands, products or services.
Affiliate will not use any unsolicited or spam email, messages or notifications sent electronically through any media, channel, app or other mean of communication to distribute Ads, and Affiliate will ensure that Media and any related marketing materials or communications do not contain any spyware, adware or other unwanted threats and comply at all times with applicable anti-spam laws. Any emails, messages or notifications that are distributed by Affiliate, directly or indirectly shall:
(i) not be directed at people who have not conspicuously consented to receiving promotional messages from Affiliate;
(ii) clearly identify Affiliate as the source of the message; and
(iii) provide the recipient with an option to easily remove them from receiving future mailings or promotions.
Affiliate shall either use email or other message templates provided by EGB, or Affiliate shall submit the final version of Affiliate’s email or other message to EGB for approval prior to sending emails, messages or notifications containing Tracking URLs, Creatives or Ads.
EGB has the right to monitor Media that Affiliate uses at any time and to determine if Affiliate is in compliance with this Agreement.
EGB may update the list of prohibited Media or distribution channels and sources from time to time and at its sole discretion. All such Media, channels or methods shall be immediately withdrawn.
EGB may request Affiliate to stop distributing any and all Ads or on specific Media or by using a particular distribution method deemed by EGB questionable. Once EGB sends to Affiliate such request EGB will have no obligation to pay Affiliate for any actions or revenue associated with the subject matter of the EGB’ request.
Affiliate’s breach of the provisions under this Section 5, including, but not limited to a misuse of Creatives or use of Creatives not approved by EGB, will constitute a breach of this Agreement, and EGB will retain full authority to terminate this Agreement immediately and retain for its own account any payment arising as a result of such activities that would otherwise have accrued to Affiliate’s benefit.
EGB maintains a zero tolerance policy towards Fraud, invalid activities, and any methods that artificially generate customers. EGB may use third-party advertising fraud detection systems and tools to monitor such activities. Affiliate is expressly prohibited from using any persons, means, devices or arrangements to commit Fraud.
Any New Customer rejected by EGB irrespective of the cause of such rejection is considered “Non-Qualifying”, including, but not limited to when it:
(i) comes or is generated as a result of Fraud;
(ii) does not comply with any terms of or has not met the prerequisites set forth in the Agreement and, in particular, in the applicable additional advertising rules and terms published on the Advertising Program’s websites and/or otherwise notified to the Affiliate by EGB (e.g. customers not from the targeted location, users that are of a younger age as determined by EGB, KPIs have not been met etc.); or
(iii) is related to terminated, closed or expired Agreement.
Notwithstanding the generality of the foregoing, New Customer is also considered “Non-Qualifying” when it:
(i) does not comply with other provisions of this Agreement or any applicable laws;
(ii) comes or is generated as a result of Affiliate’s breach of this Agreement, or
(iii) occurs when Affiliate is in breach of this Agreement or any applicable laws.
EGB shall have no obligation to pay for Non-Qualifying Leads. For the avoidance of doubt, EGB shall have no obligation to pay for new customers if Affiliate makes any misrepresentations in Affiliate’s Account or violates the terms set forth in Sections 2-6, 9-11 and 14 of this Agreement.
EGB shall make all determinations about Non-Qualifying activity in its sole discretion. In the event that EGB determines that Affiliate has delivered Non-Qualifying New Customers, or traffic that EGB reasonably determines violates any term of this Agreement, or EGB has received any complaints about Affiliate’s participation in Advertising Program which EGB reasonably believes to violate this Agreement, EGB may, at EGB’s option:
(i) terminate Affiliate’s Account and terminate this Agreement,
(ii) require Affiliate to immediately cease using Creatives, Tracking URLs and displaying Ads, and/or
(iii) withhold all unpaid amounts or charge back Affiliate’s accounts.
EGB retains the right to review all Affiliate’s campaigns and actions, as well as New Customers for possible Fraud or other noncompliance, whether such Fraud or noncompliance is on the part of users or on Affiliate’s part. In any period of time during which such reviews are performed EGB shall have the right to withhold any payment accrued in Affiliate’s favor until such time as the review has been concluded. In the event that EGB deems that Fraud or other noncompliance has occurred, Affiliate shall not be entitled to receive any payments which have accrued to Affiliate’s benefit as a result of such Fraud or other noncompliance.
Affiliate will cooperate with EGB to allow EGB to track New Customers directed to the EGB’s websites or other destinations.
To permit accurate tracking, reporting, and payments accrual, Affiliate must ensure that the Tracking URLs are properly formatted.
Affiliate shall use only Tracking URLs that were submitted to Affiliate by EGB and shall not alter Tracking URLs.
EGB will provide Affiliate with its statistics as it is generated by EGB or made available to EGB by other third-party statistics providers. Affiliate will be able to view its statistics in the Account. EGB shall make available to Affiliate information concerning the number of New Customers brought by Affiliate and accrued payments.
Affiliate understands that EGB’s online statistics may not be entirely accurate at a given moment.
Subject to the terms of this Agreement, EGB will pay Affiliate Remuneration for New Customers in accordance with this Agreement.
In order to calculate Remuneration, EGB will administer Revenue Share generated via the Tracking URLs and record the total amount of Remuneration earned. The aforesaid information is based on information received from EGB and any calculation thereof is made in accordance thereto, at EGB’s sole and final discretion, and shall not be open to review or appeal.
Unless otherwise is not set out in this Agreement and, in particular, in the additional advertising rules and terms published on the Advertising Program’s websites and/or otherwise notified to the Affiliate by EGB, the Remuneration for a calendar month shall be calculated as follows:
Remuneration = (MGR - DC) x RS%, where
MNR (Monthly Net Share) means the amount of EGB revenue actually received or retained during the calendar month by EGB, attributable to the Affiliate’s New Customers and calculated based on the points earned by the Affiliate’s New Customers divided by ten,
DC (Deductible Costs) means (i) any applicable taxes or duties, (ii) any third-party software licensing costs, (iii) any marketing costs, (iv) any administration costs, (v) bonuses related to the Affiliate’s New Customers, and (vi) any other transaction costs, including bank charges and chargebacks, for the reporting calendar month; and
RS% means the Affiliate’s Revenue Share percentage equal to 30% if MGR accrued for the particular calendar month is under 5,000 EUR; 45% if MGR accrued for the particular calendar month is from 5,000 EUR up to 10,000 EUR; and 60% if MGR accrued for the particular calendar month is 10,000 EUR and over.
Affiliate agrees and acknowledges herein that:
(i) Remuneration generated from New Customers may be subject to “Negative Carryover” provisions, deductions, deferred payments and other provisions which may affect Remuneration its payment to Affiliate may be withheld to reflect or adjusted to exclude any refunded or credited amounts, in particular, any claims, demands, offsets, card chargebacks, etc. and any amounts arising from restricted, invalid, fraudulent and other Non-Qualifying activity, as determined in this Agreement);
(ii) EGB will only pay in relation to New Customers tracked by its tracking system and associated with Affiliate. No payment will be made if a New Customer cannot be tracked by EGB’s systems.
(iii) EGB may change any payout rate or other terms at its sole discretion, which may lead to the withholding or adjustments of Remuneration payments;
(iv) EGB will make payments of Remuneration to Affiliates out of funds actually collected by EGB from New Customers; and
(v) if any New Customer reclaims, charges back or defaults on payment to EGB, and EGB has paid Remuneration related to such revenue, EGB may withhold any further payment for equal amount or charge back Affiliate’s accounts.
Calculation of Remuneration may be postponed for up to one hundred and eighty (180) days due to, including but not limited to, the following circumstances:
(i) EGB is verifying a New Customer, including for Fraud (Section 6); or
(ii) The applicable terms of the Agreement necessitate such a postponement.
In addition to EGB’s other rights and remedies, EGB may:
(i) withhold and offset any payments owed to Affiliate against any amounts Affiliate owe EGB (e.g. which have been generated by Fraud), or
(ii) require Affiliate to refund EGB within thirty (30) days of a notice, any amounts EGB may have overpaid to Affiliate in prior periods (including amounts refunded or credited to EGB).
Remuneration is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than in 30 days following the end of the calendar month.
All payments will be made to the account Affiliate keeps with EGB. All withdrawal will be governed by EGB Terms and Conditions.
EGB may impose reasonable restrictions on the frequency of payouts.
Unless expressly agreed by EGB, Affiliate may not enter into any type of arrangement with a third party where that third party receives payments made to Affiliate by EGB.
Affiliate is responsible for any applicable taxes, duties that may occur regarding the transaction. EGB may report and withhold any such amount from Affiliate’s balance in order to comply with any applicable law.
Affiliate shall comply with all applicable laws, as well as with any policies that EGB might bring to Affiliate’s attention through EGB’s sites or otherwise in relation to money laundering and/or the proceeds of crime.
If Affiliate wishes to dispute any payment made or withheld under this Agreement, Affiliate must notify EGB in writing within five (5) days of any such payment. Failure to notify EGB within the prescribed time limit shall be deemed as an irrevocable acknowledgment of and agreement with the balance due for the period indicated.
The name on Affiliate’s Account must match its true and legal name and identity, and must match the name on the bank/payment accounts used to receive payments.
To verify identity, address and/or payment account of an individual EGB may request at any time (i) proof of identity (including but not limited to copies of a valid passport/identity card), (ii) proof of address, including but not limited to a recent utility bill (should be no more than 3 months old), and (iii) copy of a recent bank/payment account statement related to a payment method on file (should be no more than 3 months old).
In the event an Affiliate is a legal entity, it may be requested to provide (i) its formation documents, (ii) information sufficient for EGB to determine the corporate or business entity’s identity, good standing, the authority of Affiliates business representative to act on its behalf, as well as the business representative’s identity, and (iii) copy of a recent bank/payment account statement related to a payment method on file (should be no more than 3 months old).
If Affiliate does not supply such documentation to EGB and/or if EGB is unable to satisfactorily verify Affiliate’s identity, address and/or payment account within a reasonable time-period, determined by EGB, EGB reserves the discretionary right to:
(i) withhold the balance in Affiliate’s Account until the verification process is completed satisfactorily,
(ii) void any or some of Affiliate’s New Customers and freeze Affiliate’s Account, and/or
(iii) suspend or close Affiliate’s Account and terminate this Agreement.
EGB retains all right, title, and interest in and to the Advertising Program (including, but not limited to, ownership of all copyrights, trademarks, patents, derivative works, modifications, lists of advertisers, algorithms, taxonomies, trade secrets and other intellectual property rights therein).
Except as expressly stated in this Agreement, nothing is intended to grant Affiliate any rights to any of EGB’s trademarks, service marks, brand names, copyrights, patents or trade secrets, or any other intellectual property or proprietary right.
Affiliate shall not use any of EGB’s brand names, designations and trademarks, or Marks other than as permitted in this Agreement.
Affiliate agrees that EGB may use any suggestion, comment or recommendation Affiliate chooses to provide to EGB without compensation.
EGB may disclose to Affiliate certain information as a result of Affiliate’s participation in Advertising Program, which information EGB considers to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any business and financial information relating to Advertising Program, customer and vendor lists relating to Advertising Program, marketing plans, marketing concepts, structure and payments or any information that EGB designate as confidential.
Affiliate agrees not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by Affiliate for Affiliate’s own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
EGB may make a public statement, press release or other announcement to announce the relationship contemplated by this Agreement without Affiliate’s prior consent. Affiliate will not make any public statement, press release or other announcement relating to the terms or existence of this Agreement and/or EGB without EGB’s prior written approval.
EGB may charge Affiliate a fee of 4% of the remaining balance but not less than 5.00 EUR per calendar month (‘Inactive Account Fee’) if there has been no activities recorded on Affiliate’s Account for 180 consecutive days or more. EGB will notify Affiliate that EGB will start charging Affiliate the Inactive Account Fee within 30 days prior to any fees being withheld from Affiliate’s Account and Affiliate will always have the option to login and withdraw its funds, provided Affiliate is in compliance with other terms of the Agreement.
EGB will withdraw the Inactive Account Fee from Affiliate’s Account on a monthly basis to the extent that Affiliate Account remains in credit and only for the period during which there remains no Account activity after the initial 180 days period has passed.
If EGB has to withdraw the Inactive Account Fee and Affiliate’s Account is less than 5.00 EUR, the Inactive Account Fee will be equal to the remaining funds in the Account.
EGB may close Affiliate’s inactive Account once the Account balance reaches zero and terminate this Agreement.
Unless the Account has been closed Affiliate can reactivate its Account any time by logging into the Account.
This Agreement shall commence on the date of the approval of the Affiliate’s Advertising Program application and shall continue thereafter until terminated.
At any time, either party may immediately terminate this Agreement, with or without cause, by giving the other party prior 7 days’ written notice of termination, unless otherwise is not set out in the Agreement.
EGB may at any time suspend Affiliate’s Account or Affiliate’s participation in any Affiliate Program and/or terminate this Agreement as provided in other sections of this Agreements and/or if Affiliate is in breach of this Agreement.
In the event this Agreement is terminated the Affiliate’s Tracking URL’s will be automatically deactivated and the calculation of Affilate’s Revenue Share and accrual of Remuneration shall also be terminated.
If this Agreement is terminated because Affiliate has violated this Agreement or applicable laws, Affiliate will not be eligible to receive any Remuneration, including earned prior to the date of termination.
EGB reserves the right to withhold Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
Upon the termination of this Agreement for any reason, Affiliate will immediately cease use of, and remove from Media and any other sources and media all Tracking URLs, Ads and Creatives and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by EGB and/or provided by or on behalf of EGB to Affiliate pursuant to this Agreement, and will cease representing itself as EGB’s Affiliate.
Termination of this Agreement will not act as a waiver of any breach of the Agreement and will not act as Affiliate’s release from any accrued liability or liability for breach of Affiliate’s obligations under the Agreement or applicable laws.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding Affiliate’s use of confidential information.
In the event this Agreement is terminated, Affiliate must withdraw all funds (if any) from its Account within thirty (30) days of termination. If such funds have not been withdrawn by such time, then they shall be deemed forfeited and shall revert to EGB.
Each party represents and warrants to the other party that the person executing this Agreement is authorized to do so on such party’s behalf.
Affiliate hereby represents and warrants to EGB that:
(i) if Affiliate is an individual, he/she is at least 18 years of age on the effective date of this Agreement;
(ii) the person accepting this Agreement has full authority to act for and to bind Affiliate to this Agreement;
(iii) Affiliate has full authority to enter into this Agreement, and it owns all right, title, and interest in, or otherwise has full right and authority to permit the use of its Media;
(iv) Affiliate has all appropriate rights to promote with any promotional method Affiliate may choose to use in accordance with the Agreement;
(v) Affiliate will conduct its business, run its campaigns and advertise and promote EGB, its brand, product and services in compliance with all applicable laws, rules and regulations, including the gambling-specific advertising rules and regulations in each targeted country;
(vi) Ads, Creatives (unless provided by EGB), Media and Affiliate’s promotional methods do not and will not infringe a third party’s or EGB’s proprietary rights; and
(vii) Affiliate shall remain solely responsible for any and all Media owned and/or operated by Affiliate and all of Affiliate’s promotional methods.
Affiliate agrees to defend, indemnify, and hold EGB, its owners, shareholders, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
(i) Affiliate’s access to or participation in Advertising Program;
(ii) Affiliate’s violation of this Agreement;
(iii) Affiliate’s violation of any applicable law, rule or regulation;
(iv) Affiliate’s violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and
(v) any claim related to Media, Ads or Creatives (if not provided by EGB), including but not limited to, the content of such Media, Ads or Creatives.
ADVERTISING PROGRAM, CREATIVES, TRACKING URLS AND EGB’S SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED TO AFFILIATE "AS IS". EGB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EGB DOES NOT WARRANT THAT ADVERTISING PROGRAM, CREATIVES, TRACKING URLS AND EGB’S SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF ADVERTISING PROGRAM, CREATIVES, TRACKING URLS AND EGB’S SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. EGB DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF REMUNERATION.
IN NO EVENT SHALL EGB BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF ADVERTISING PROGRAM, CREATIVES, TRACKING URLS AND EGB’S SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND EGB’S REASONABLE CONTROL. IN NO EVENT WILL EGB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EGB HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. EGB’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY EGB DURING THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed and interpreted in accordance with the laws of Curacao and the parties submit to the jurisdiction of the state courts located in Curacao. Nothing in this clause shall limit EGB’s right to take proceedings against Affiliate in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Affiliate hereby irrevocably waives any objection which Affiliate may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement in the above mentioned jurisdictions, and hereby further irrevocably waive any claim that such jurisdictions are not convenient forums for any suits, actions or proceedings.
EGB has the discretionary right to amend the Agreement in order to comply with applicable laws and regulations or for a number of other reasons from time to time. Any minor changes may be made at any time and Affiliate is advised to review the Agreement on a regular basis.
EGB will notify Affiliate about significant or major changes in advance via email or by having a notice on EGB websites about it. Any such amendment will take effect upon posting of the revised Agreement, unless it is determined otherwise at the time of posting or sending the notification.
Affiliate’s continued participation in the Advertising Program after a change or update has been made will constitute Affiliate’s acceptance to the revised Agreement. If Affiliate does not agree with the modifications, Affiliate shall terminate its participation in the Advertising Program immediately.
Modifications may include, but are not limited to, changes in the scope of the additional advertising rules and terms published on the Advertising Program’s websites and/or otherwise notified to the Affiliate by EGB, payment rates and payment procedures.
Relationship. Affiliate and EGB are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and EGB. Affiliate will have no authority to make or accept any offers or representations on EGB’s behalf.
Notices. Any notices or other communications permitted or required under this Agreement will be in writing and given by EGB via email or other electronic means of communication as specified in this Agreement or in the Affiliate’s Account. All notices or other communications regarding this Agreement should be addressed by Affiliate via email specified in the Affiliate’s Account.
Consent to Receive Communications in Electronic Form. For contractual purposes, parties:
(i) consent to receive communications from each other in an electronic form; and
(ii) agree that this Agreement and all agreements, amendments, notices, disclosures, and other communications satisfy any legal requirement that such communications would satisfy if it were in writing.
Assignment. Affiliate will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without EGB’ prior written consent. Any purported assignment or delegation by Affiliate without EGB’s appropriate prior written consent will be null and void. EGB may assign this Agreement or any rights hereunder without Affiliate’s consent.
No Waiver. The failure by the party to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of its right or remedy.
Severability and Integration. This Agreement constitutes the entire agreement between Affiliate and EGB and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Last updated: June 21, 2021