Terms and Conditions
This Affiliate Agreement (“Agreement”) is made between you (“Partner,” “Affiliate,” or “you”) and AVIS.Partners (“Company,” “we,” “us,” or the “Affiliate Program”). By signing up for the Affiliate Program, accessing or using any of our promotional materials and marketing tools, or accepting commissions, bonuses, or other payments, you acknowledge that you have reviewed and understood this Agreement and agree to be bound by its terms.
We may revise, update, or otherwise modify this Agreement from time to time at our sole discretion. Any amendments will be published on this page, and it is your responsibility to check the current version of the Agreement regularly. Your continued participation in the Affiliate Program following the publication of any changes constitutes your acceptance of the revised terms.
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set out below:
- Partner — any individual or organization approved by the Company to participate in the Affiliate Program.
- Affiliate Account — an account created for the Partner following approval of the Partner’s application to the Affiliate Program.
- Affiliate Agreement — this Agreement, including the applicable commission structure, as well as any additional rules, policies, or requirements established by the Company and/or applicable to the Company Websites.
- Affiliate Link — a hyperlink used by the Partner for promotional purposes to refer users to the Company Websites.
- Affiliate Program — the cooperation between the Company and the Partner under which the Partner promotes the Company Websites and uses Affiliate Links to direct users to the Company Websites in accordance with the agreed terms and applicable Commission Structure.
- Affiliate Wallet — an online wallet or balance maintained in the Partner’s name for the crediting of commissions and other payments payable to the Partner, which may be withdrawn in accordance with this Affiliate Agreement.
- Affiliate Website — any web resource operated, maintained, managed, or otherwise controlled by the Partner.
- Company — AVIS Partners, through which the Affiliate Program is operated.
- Company Websites — the websites and other online resources designated by the Company as destinations for traffic referred by the Partner.
- Commission — the remuneration payable to the Partner and calculated in accordance with the applicable Commission Structure, including Revenue Share, CPA, Hybrid, Budget + Commission %.
- Commission Structure — any specific remuneration or payout model agreed between the Company and the Partner.
- Net Gaming Revenue (NGR) — all funds received by the Company from New Customers in the form of bets, less winnings paid to New Customers, bonuses granted, balance adjustments, administrative fees, fraud-related expenses, and chargebacks.
- New Customer — a player who registers for the first time on the Company Websites and makes a first deposit equal to or greater than the minimum deposit required for the relevant player account in accordance with the applicable terms and conditions of the Company Websites. The Partner, its employees, relatives, and friends shall not qualify as New Customers.
- Parties — collectively, the Company and the Partner. Each may individually be referred to as a “Party.”
- Personal Data — any information relating to any individual (natural or legal person) that can be identified, directly or indirectly.
2. AFFILIATE OBLIGATIONS
2.1 Registration in the Program
To participate in the Affiliate Program, you must agree to the terms of this Affiliate Agreement by selecting the relevant checkbox when submitting your Affiliate Application. The Affiliate Application forms an integral part of this Agreement.
The Company may, at its sole discretion, approve or decline any Affiliate Application. The Company’s decision shall be final and shall not be subject to appeal. You will be informed of the outcome of your Application by email.
Throughout the term of this Agreement, the Company may request documents or other information necessary to verify your Application or confirm the accuracy of the information associated with your Affiliate Account. Such documentation may include, without limitation, bank statements, identification documents, documents confirming the legal status of a company or other legal entity, and proof of address.
You are solely responsible for ensuring that all information submitted during registration is complete, accurate, and up to date. You must promptly notify the Company and update your information whenever any of the provided details change.
2.2 Login Details for the Affiliate Account
You are responsible for maintaining the confidentiality and security of your Affiliate Account login credentials at all times. You shall be solely responsible for any consequences resulting from unauthorized access to your account where such access occurs due to inadequate protection or disclosure of your login details.
Any activity performed using your username, password, or other account credentials shall be deemed to have been carried out by you, regardless of whether you personally performed such activity.
If you become aware of or suspect any unauthorized, unlawful, or otherwise improper access to or use of your Affiliate Account, you must notify the Company immediately.
2.3 Participation in the Affiliate Program
Your participation in the Affiliate Program is intended solely for your own use and may not be registered, transferred, assigned, or resold on behalf of or for the benefit of any third party. Any transfer of an Affiliate Account to another person or entity requires the Company’s prior approval.
You may not create or maintain more than one Affiliate Account without the Company’s prior written consent.
By participating in the Affiliate Program, you agree to promote and advertise the Company Websites in accordance with this Affiliate Agreement and any reasonable instructions or guidelines provided by the Company from time to time.
All promotional activities carried out by you must be conducted in a manner that is consistent with the Company’s interests and does not damage, misuse, or adversely affect the Company’s reputation, brand, or image.
Links directing users to the Company Websites may only be published through Affiliate Links or other promotional materials expressly provided or approved by the Company. No other method of advertising or promotion on behalf of the Company is permitted without the Company’s prior approval.
2.4 Affiliate Website
You are solely responsible for the creation, operation, administration, and technical maintenance of your Affiliate Website, including all content, materials, and information published or made available through it.
The Affiliate Website must comply with all applicable laws, regulations, and regulatory requirements, including, where applicable, the requirements of the General Data Protection Regulation (GDPR). You must ensure that the Affiliate Website is maintained to a professional standard at all times.
The Affiliate Website must not be designed, branded, presented, or otherwise operated in a manner that could mislead users into believing that it is an official Company Website or that it is owned, operated, sponsored, or otherwise affiliated with the Company.
The Affiliate Website must not contain any defamatory, discriminatory, unlawful, offensive, or otherwise inappropriate content. This includes, without limitation, depictions or promotion of violence, obscene or pornographic material, offensive content, or any other content prohibited by the laws and regulations applicable in the target jurisdiction.
2.5 Valid Traffic and Fair Practices
The Partner must use only legitimate, transparent, and compliant methods to acquire traffic for the Company Websites. The following practices are prohibited and may result in the suspension or withholding of Commissions, as well as other measures available to the Company under this Agreement:
- Branded paid search traffic. The Partner must not use the Company’s brand names, trademarks, domain names, or other branded keywords in paid search advertising campaigns. Directing branded traffic to the Company Websites is prohibited. Any New Customer acquired through prohibited branded keywords will not qualify as a valid New Customer, and any related Commission may be frozen or withheld at the Company’s discretion.
- Self-referrals and fraudulent registrations. The Partner must not generate traffic by registering personally as a New Customer or by using employees, representatives, relatives, friends, intermediaries, or other third parties for this purpose. Any such activity will be treated as fraudulent traffic.
- Fraud and abusive activity. The Partner must not knowingly benefit from traffic generated through fraudulent, deceptive, dishonest, or otherwise improper methods. If the Partner has reasonable grounds to suspect that a New Customer is involved in bonus abuse, money laundering, fraud, affiliate fraud, or any other misuse of the Company’s gaming services, the Partner must notify the Company without undue delay.
- Invalid New Customers. Any New Customer identified as a bonus abuser, fraudster, money launderer, or participant in affiliate fraud, whether identified by the Partner or subsequently detected by the Company, will not be treated as a valid New Customer and will not generate any Commission.
- Late-month winnings. Where a New Customer achieves a substantial win during the final part of a calendar month, between the 20th and the 30th/31st day of that month, and the remaining balance is neither wagered nor lost during the following month, such balance shall be excluded from the calculation of the Partner’s Commission under Revenue Share or Hybrid arrangements.
- Minimum-deposit traffic. Where more than 70% of New Customers generated from the Partner’s total traffic during a calendar month make only the minimum required first deposit, the relevant traffic may be classified as motivated traffic. The Company may, at its discretion, freeze or withhold the Commission attributable to such traffic.
- First and second deposits only. Where more than 70% of New Customers make only a first and second deposit and demonstrate no further meaningful deposit activity, the entire relevant traffic volume will be considered motivated traffic, and no Commission will be payable for such traffic.
- Low gaming activity. Where more than 70% of New Customers make only a limited number of deposits and demonstrate low or no meaningful gaming activity, the relevant traffic may be classified as low-quality traffic. The Company may freeze or withhold the applicable Commission at its discretion.
- No activity after deposit. Where more than 10% of New Customers make a deposit but subsequently demonstrate no gaming or other meaningful activity, the relevant traffic may be considered motivated traffic, and the Company may freeze or withhold the applicable Commission.
For the purposes of this section, “Motivated Traffic” includes, without limitation, traffic demonstrating one or more of the following indicators:
- IP address overlaps or other indications of multiple accounts operated from the same source;
- inaccurate, misleading, incomplete, or falsified personal information;
- fraudulent or suspicious use of payment methods;
- substantially identical or coordinated gaming patterns among multiple players;
- complete absence of player engagement or unusually low engagement, including no bets or only a very limited number of bets.
If the Company notifies the Partner that player acquisition must be stopped, the Partner must discontinue all relevant advertising and acquisition campaigns within 24 hours of receiving such notification.
Where the Company requests the suspension of the Partner’s player acquisition activities for traffic-quality, compliance, or fraud-related checks, the Company may freeze or withhold Commissions attributable to customers acquired after the Partner has received such notification.
If 20% or more of the New Customers generated through the Partner’s total traffic are identified as bonus abusers, money launderers, fraudsters, or participants in affiliate fraud, whether such cases are reported by the Partner or identified by the Company, those customers will not qualify as valid New Customers. In such circumstances, the Company may withhold Commission for the entire relevant traffic volume.
The Company may notify the Partner by email or through agreed messaging services, including Microsoft Teams, Telegram, or similar communication channels, that traffic must be suspended for quality, compliance, or fraud investigation purposes. Upon receiving such notification, the Partner must immediately stop acquiring new traffic. Any customers registered after the notification has been issued will not qualify as valid New Customers, and the Company may freeze or withhold any related Commission.
The Company reserves the right to terminate or amend the existing affiliate deal and introduce revised commercial terms by providing the Partner with at least one (1) banking day’s prior notice. Such changes may be made, including but not limited to, where:
a) the traffic generated by the Partner is determined to be of insufficient or declining quality; or
b) the conversion rate or overall traffic performance results in a negative balance or otherwise commercially unsustainable results for the Company.
Following the effective date of any revised terms notified in accordance with this section, all subsequent traffic, including registrations, first deposits, and recurring deposits, shall be remunerated in accordance with the new Commission Structure or other applicable terms.
2.6 Unacceptable Websites
The Partner must not place Affiliate Links, advertisements, promotional materials, or any use of the Company’s intellectual property on websites or other online resources that are considered unacceptable by the Company, regardless of whether such resources are owned, operated, or controlled by the Partner or by a third party.
Unacceptable websites and resources include, without limitation, those that:
- are primarily directed at or intended for children;
- contain illegal pornography, unlawful sexual content, or other prohibited sexual materials;
- promote or facilitate violence, discrimination, unlawful activities, or other illegal conduct;
- infringe, misappropriate, or otherwise violate the intellectual property rights of the Company or any third party;
- fail to comply with applicable advertising laws, regulations, industry standards, or advertising codes in the jurisdiction where the relevant advertising or publication takes place.
2.7 Affiliate Links
Affiliate Links must be displayed in a clear and transparent manner and may only be used together with other commercial or promotional links where appropriate.
The Partner may use only Affiliate Links officially provided or expressly approved by the Company. Any modification, concealment, masking, or other manipulation of the traffic source, including link cloaking or similar techniques, is prohibited.
Any violation of these requirements may result in the Company adjusting, recalculating, suspending, or withholding the applicable Commission at its sole discretion.
2.8 Email and SMS Marketing
The Partner must obtain the Company’s prior approval before conducting any email or SMS marketing campaign that contains the Company’s intellectual property, references the Company, or promotes the Company Websites.
Following approval, the Partner is responsible for ensuring that all recipients have provided the required consent to receive such communications and have not previously opted out, unsubscribed, or otherwise withdrawn their consent.
All email and SMS communications must clearly identify the Partner as the sender and must not create the impression that the communication has been sent by, or on behalf of, the Company.
The Partner must not use the Company’s name, trademarks, or other identifying information as the sender or sender identity of any email or SMS campaign. Any breach of these requirements may result in the Company recalculating, freezing, or withholding the applicable Commission at its discretion.
2.9 Use of Intellectual Property
Any use of the Company’s trademarks, brands, logos, or other intellectual property must be carried out strictly in accordance with the branding guidelines and instructions provided by the Company.
The Partner must not register, purchase, reserve, bid on, or otherwise use any domain name, keyword, account name, identifier, or similar designation that is identical or confusingly similar to the Company’s trademarks or contains any of the Company’s protected brand terms.
This restriction applies to, without limitation, search engines, paid advertising platforms, application stores, social media platforms, and other advertising or online services.
2.10 Approved Advertising Materials
The Partner may use banners, images, logos, creatives, layouts, and other advertising materials containing the Company’s intellectual property only where such materials have been supplied by the Company or have received the Company’s prior written approval.
The Partner must not modify, edit, resize in a manner that alters the intended presentation, redesign, or otherwise change any advertising material provided or approved by the Company without obtaining prior written consent.
Where the Partner intends to use advertising materials containing the Company’s intellectual property, the Partner must obtain the Company’s approval in advance and, upon request, be able to provide evidence of such written approval.
The use of any unapproved or materially modified advertising materials is prohibited.
2.11 Loyalty Programs
The Partner must not offer, advertise, or provide cashback, rebates, rewards, or any similar incentives to users in connection with traffic referred to the Company Websites, unless such offers are expressly provided and authorized by the Company through the Company Websites.
2.12 Responsible Gaming
The Company is committed to promoting responsible gaming practices and preventing gambling-related harm and addiction. The Partner agrees to support these principles in all promotional and advertising activities carried out in connection with the Affiliate Program.
The Partner must not use, distribute, or publish any promotional materials that are directed at, or reasonably likely to appeal specifically to, individuals under 18 years of age or below the minimum legal gambling age applicable in the relevant jurisdiction.
2.13 Data Protection and Cookies
The Partner must comply at all times with the General Data Protection Regulation (GDPR), where applicable, as well as all other applicable data protection, privacy, and electronic communications laws and regulations, including any amendments, replacements, or new requirements that may come into force during the term of this Agreement.
The Partner is also responsible for ensuring that any use of cookies, tracking technologies, pixels, or similar technologies in connection with the Affiliate Program complies with all applicable legal and regulatory requirements.
2.14 Expenses
The Partner shall be solely responsible for all costs, expenses, fees, and other financial obligations arising from or related to the performance of its obligations under this Affiliate Agreement.
The Company shall not be responsible for reimbursing any expenses incurred by the Partner in connection with its participation in the Affiliate Program, unless otherwise expressly agreed in writing.
2.15 Activity Monitoring
Upon the Company’s request, the Partner must provide all reasonable assistance, information, records, and other materials necessary for the Company to review and monitor the Partner’s activities, performance, and compliance with the requirements of the Affiliate Program and this Affiliate Agreement.
2.16 Return of Incorrectly Credited Commissions
The Partner must promptly repay any Commission that has been credited or paid in error in connection with customers acquired in breach of this Affiliate Agreement or in relation to fraudulent, fictitious, manipulated, or otherwise invalid transactions.
The Company may request the return of such amounts at any time, and the Partner must make the required repayment without undue delay following receipt of the Company’s request.
3. AFFILIATE RIGHTS
3.1 Right to Attract New Customers
During the term of this Agreement, the Company grants the Partner a limited, non-exclusive, and non-transferable right to refer New Customers to the Company Websites agreed with the Company, provided that all such activities are carried out in full compliance with this Affiliate Agreement and any applicable instructions issued by the Company.
The Partner shall not be entitled to any Commission or other remuneration in respect of New Customers referred or acquired through third parties, unless expressly agreed otherwise in writing by the Company.
3.2 License to Use Intellectual Property
The Company grants the Partner a limited, non-exclusive, and non-transferable license to use the Company’s trademarks, logos, brand assets, and other intellectual property solely for the purpose of displaying approved promotional materials on the Partner’s Affiliate Website or in other locations expressly authorized by the Company.
This license is granted only for the duration and purposes permitted under this Agreement and may not be assigned, transferred, sublicensed, or otherwise made available to any third party without the Company’s prior written consent.
3.3 Player Personal Data
The Affiliate does not have access to the Company’s customer personal data.
4. COMPANY OBLIGATIONS
4.1 We provide the Partner with the necessary promotional materials, information, and resources required to implement and use Affiliate Links in accordance with this Agreement.
4.2 At the Company’s sole discretion, the Company may register New Customers, monitor and record their transactions and activity, and refuse any registration or suspend or close a customer account in accordance with its applicable terms, policies, and legal or regulatory obligations.
4.3 We provide tools for monitoring the account and calculating commission.
4.4 The Company may collect and process the Partner’s Personal Data, including login credentials, email address, name, date of birth, residential address, telephone number, and financial information, to the extent necessary for account security, anti-money laundering (AML) and compliance procedures, verification, and the administration and management of the business relationship with the Partner.
4.5 Subject to the Partner’s compliance with the terms of this Agreement, the Company shall pay Commission to the Partner in accordance with the provisions set out in Section 6 of this Agreement.
5. COMPANY RIGHTS AND REMEDIES
If the Partner breaches, is reasonably suspected of breaching, or acts negligently in relation to this Agreement, the Company may, at its sole discretion, take any of the following measures:
- suspend the Partner’s participation in the Affiliate Program while the matter is reviewed, including freezing any pending Commission payments;
- withhold or suspend Commission attributable to traffic, customers, campaigns, or promotional activities that do not comply with this Agreement;
- retain or set off amounts reasonably required to cover losses, damages, costs, or liabilities arising from the Partner’s breach or misconduct;
- terminate this Agreement and the Partner’s participation in the Affiliate Program with immediate effect;
- retain any funds remaining in the Affiliate Wallet that have not been withdrawn within three (3) months following termination of this Agreement.
6. COMMISSIONS AND PAYMENTS
6.1 Commission
Provided that the Partner complies with all applicable terms and requirements of this Affiliate Agreement, the Partner shall be entitled to receive Commission in accordance with the applicable Commission Structure and payout terms.
The Company reserves the right to modify the applicable Commission rate, payout model, or method used to calculate the Commission in accordance with the terms of this Agreement.
6.2 Commission Calculation and Payment
The Commission shall be calculated on a monthly basis for each applicable reporting period. Traffic reconciliation is carried out within the first 7 business days of each month. Payment is made on the next working days from 10:00 to 17:00 GMT+2.
6.3 Verification and KYC
Where required by applicable laws, regulations, compliance procedures, or the Company’s internal policies, the Partner may be required to complete a verification process before withdrawing any funds.
As part of such verification, the Partner may be required to provide valid KYC documents and other information reasonably requested by the Company. Withdrawal requests may be suspended or delayed until the required verification has been successfully completed.
6.4 The minimum withdrawal amount is €50 (fifty euros).
6.5 Commission Calculation Errors
If an error or discrepancy is identified in the calculation or payment of Commission, the Company may correct the relevant calculation and adjust the amount payable to the Partner accordingly.
The Parties shall cooperate in good faith to settle any resulting difference. Any outstanding amount owed to the Partner shall be paid by the Company, while any Commission or other amount paid to the Partner in excess of the amount actually due must be returned to the Company.
6.6 The Company may propose changes to the payout structure to the Partner.
6.7 Finality of Commission Payments
Each Commission payment shall be deemed accepted by the Partner as full and final settlement of the amounts due for the relevant reporting period.
If the Partner disputes any Commission calculation or payment, the Partner must notify the Company in writing within fourteen (14) calendar days from the date of the relevant payment, clearly stating the grounds and reasons for the dispute.
If no objection is submitted within this period, the Partner shall be deemed to have unconditionally accepted the applicable Commission calculation and payment, and the calculation shall be considered final.
6.8 Taxes and Duties
All Commission amounts payable to the Partner are stated and credited net of VAT and any other applicable taxes.
The Partner is solely responsible for determining, declaring, and paying any taxes, duties, levies, fees, or other governmental charges arising from the Commission or the Partner’s participation in the Affiliate Program, in accordance with the laws and regulations applicable in the Partner’s jurisdiction.
6.9 CPA and Hybrid Deals
Where the Partner participates in a CPA or Hybrid Commission Structure, the following conditions shall apply unless otherwise expressly agreed in writing between the Parties:
Any negative Revenue Share balance shall be deducted from the CPA component of the applicable deal.
Duplicate accounts, self-excluded players, and players who have made no qualifying bets are not paid.
The applicable FTD (First-Time Depositor) limit shall be agreed between the Company and the Partner in advance.
The applicable test cap shall be payable only where the Partner delivers at least 5 (five) qualifying FTDs.
FTDs generated through FB, Email, SMS, UAC, or ASO channels shall qualify for payment where the first deposit is made within thirty (30) days following registration. For PPC traffic, the applicable period shall be forty-five (45) days, while for SEO traffic it shall be sixty (60) days.
If no FTD is generated through an Affiliate Link within thirty (30) days, the Company may deactivate that Affiliate Link. Any Commission attributable to traffic generated by the Partner after the agreed period may be frozen, rejected, or otherwise withheld at the Company’s discretion.
Remaining player balances shall not be taken into account when calculating Commission under Revenue Share or Hybrid Commission Structures.
6.10 Payment Methods
Payment is made only through the affiliate account using the payment methods available within the affiliate program.
6.11 Payment Details
The Partner is solely responsible for ensuring that all payment and withdrawal details provided to the Company are complete, accurate, and up to date.
The Company shall not be liable for any delay, failed payment, non-receipt, return, or misdirection of funds resulting from incorrect, incomplete, outdated, or otherwise inaccurate payment information provided by the Partner. No compensation shall be payable in such circumstances.
Any costs, fees, or expenses arising from incorrect payment details, including payment returns, correction of payment information, redirection of funds, transaction tracing, or related investigations, shall be borne entirely by the Partner.
7. STANDARD COMMISSION STRUCTURE
The commission rate is determined by the individually agreed affiliate agreement terms.
8. CONFIDENTIALITY
During the term of this Affiliate Agreement, the Partner may receive or otherwise gain access to confidential or non-public information concerning the Company, its business operations, technology, commercial activities, or the Affiliate Program, including, without limitation, information relating to Commission calculations and payments.
The Partner shall keep all such information strictly confidential and shall not disclose, publish, share, reproduce, or use it for any purpose other than the performance of its obligations and exercise of its rights under this Agreement, unless the Company has provided prior written consent.
The confidentiality obligations set out in this section shall survive the termination or expiration of this Agreement and shall remain binding on the Partner thereafter.
The Partner must not issue or authorize any press release, public announcement, publication, statement, or other communication concerning its participation in the Affiliate Program or relationship with the Company without the Company’s prior written approval. Such approval shall include approval of the proposed wording and any accompanying materials.
9. TERM AND TERMINATION
9.1 Term
This Agreement shall become effective upon the Company’s approval of the Partner’s participation in the Affiliate Program and shall remain in force until terminated in accordance with this section.
Either Party may terminate this Agreement by providing the other Party with written notice. Unless otherwise provided in this Agreement, such termination shall take effect thirty (30) days after the date on which the notice is given.
Notice delivered by email shall constitute valid written notice and shall be deemed effective upon sending.
Notwithstanding the above, the Company may terminate this Agreement with immediate effect where the Partner fails to perform its obligations, breaches the terms of this Agreement, or acts negligently in connection with the Affiliate Program.
9.2 Actions Upon Termination
Upon termination or expiration of this Agreement, the Partner must immediately discontinue all promotional activities relating to the Company and remove all Company banners, creatives, advertisements, and other promotional materials from the Affiliate Website and any other approved placement locations.
The Partner must also deactivate or remove all Affiliate Links and cease directing traffic to the Company Websites.
All rights, permissions, and licenses granted to the Partner under this Agreement shall automatically terminate upon termination or expiration of the Agreement. The Partner must immediately cease all use of the Company’s trademarks, intellectual property, and other proprietary materials.
The Partner must also return or securely destroy, at the Company’s request, all confidential information belonging to the Company, including any copies or reproductions thereof, and must not retain or use such information after termination.
9.3 Commission Upon Termination
From the effective date of termination of this Agreement, the Partner shall not be entitled to receive any Commission in respect of New Customers acquired after such termination date.
10. Other
10.1 Disclaimer of Warranties
The Company does not guarantee uninterrupted or error-free operation of the websites and shall not be liable for any possible consequences.
10.2 Limitation of Liability and Indemnification
The Partner agrees to indemnify and hold harmless the Company, its employees, officers, representatives, and agents from and against any claims, losses, damages, liabilities, costs, and expenses, including reasonable legal and professional fees, arising out of or in connection with:
a) any breach of this Affiliate Agreement by the Partner;
b) the Partner’s performance or failure to perform its obligations under this Agreement;
c) any negligence, misconduct, or wrongful act or omission of the Partner;
d) any loss or damage caused by the Partner’s acts or omissions, including any unauthorized or improper use of the Company’s intellectual property, promotional materials, or other Company-provided resources.
To the maximum extent permitted by applicable law, the Company shall not be liable to the Partner for any direct or indirect loss or damage, including loss of income, revenue, business opportunities, data, goodwill, or reputation, arising out of or in connection with the Affiliate Program or this Agreement, even where the Company has been advised of the possibility of such loss or damage.
10.3 Non-Waiver
Any failure or delay by the Company in exercising or enforcing any right or provision under this Agreement shall not constitute a waiver of that right or provision, nor prevent the Company from exercising or enforcing it at a later time.
10.4 Status of the Parties
The Parties act as independent contractors. This Agreement does not create partnership, agency, or employment relations. The Affiliate is not authorized to act on behalf of the Company.
10.5 Force Majeure
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from circumstances beyond the reasonable control of the affected Party, including, without limitation, natural disasters, failures of telecommunications or communication systems, power outages, acts of government, war, civil unrest, epidemics, or other events of a similar nature.
If a force majeure event continues for more than thirty (30) consecutive days, either Party may terminate this Agreement with immediate effect by providing written notice to the other Party.
10.6 Assignment
Neither Party may assign, transfer, delegate, or otherwise dispose of any of its rights or obligations under this Agreement without the Company’s prior written consent.
10.7 Severability
If any provision is held invalid, the remaining provisions of the Agreement shall remain in full force and effect.
10.8 Language
This Agreement is originally prepared and executed in the English language. If this Agreement is translated into any other language, the English-language version shall prevail in the event of any discrepancy, inconsistency, or conflict between the English version and any translated version.
10.9 Amendments
The Company reserves the right to modify, update, or otherwise amend this Agreement at any time by publishing the revised version or a notice of the relevant changes on the Company’s website.
The Partner is responsible for regularly reviewing the current version of the Agreement. Continued participation in the Affiliate Program after any amendments have been published shall constitute the Partner’s acceptance of the revised terms.
