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bet321 Affiliate Terms & Conditions
This document (the
"Agreement") sets out the terms and conditions agreed between (bet321
Limited (hereinafter "bet321"), a company duly registered under the
laws of the Isle of Man by means of having its registered office at 29 Howard
Street, North Shields, NE30 1AR, ENGLAND and the person/company set out on the
relevant application form (hereinafter "the Affiliate"), regarding
the Affiliate's application to join (and if the Affiliate's application is
successful, the Affiliate's membership of) bet321 affiliate program
(hereinafter “bet321 Partners”) and to promote bet321.com (hereinafter “Site”)
and the creation of internet hyperlinks from the Affiliate's website to this
Site (hereinafter the "Links").
1. Definition and interpretation
means any natural and legal persons who, after having entered into these bet321
Partners Affiliate Terms and Conditions, makes space on their homepage,
website, other media platform or e-mail, etc. ("Affiliate Site" or
"Advertising Space") available to bet321 Partners for the marketing
of the Business and/or Services and acquisition of New Depositors.
means any natural and legal person who, after having entered into collaboration
with the Affiliate, makes space on his homepage, website, email or other media
platform available to bet321 Partners for the marketing of the Business and/or
Services and the acquisition of New Depositors."
means any so-called “Cashback”, "free money", "free bets",
"free-games", "money-back", "top-ups" and/or
similar; and/or vouchers, rebates, discounts and/or similar that the New
Depositor can utilise as payment for stakes (bets).
means the name, concept or identity under which the Services or Business is
generally, and from time to time, recognised in the public domain worldwide.
The Brand is and remains the sole property of bet321.
means the bet321 business consisting of Fixed Odds Betting, other Betting and
Gaming Activities and New Activities.
Information" means any information of a commercial value, essential for
any of the Parties, such as, but not limited to: technology, market and
business information, financial reports, know-how, trade secrets, products,
processes, business strategies, information concerning research, databases, New
Depositor lists, prospect and New Depositor data, supplier lists, marketing
plans, product development, manner of operation or financial condition or
means the compensation due to the Affiliate based on the agreed percentage of
Gross Profit generated by the New Depositor at Site.
means the database regarding Affiliates and New Depositors, containing any bet321
proprietary New Depositor data with relevance to the Agreement, including
without limitation personal data and contact information, and excluding all
other bet321 databases, as it stands as of the date of this Agreement, and as
it stands until the date of this Agreement being terminated. The Databases are
assets of a financial value belonging to bet321 and represent a substantial
investment made by bet321.
Property Rights" means any rights in computer software (including source
codes), rights in databases, rights in know-how, design rights, topography
rights, copyrights, trademarks, domain names, utility models, brands, business
names, registrations of and applications to register any of the aforesaid items
and/or rights in the nature of any of the aforesaid items.
Activities" means any services or products related to the Business which
are not offered through bet321 websites as of the date of this Agreement and
which will be offered through Sites following the date hereof, such as the
provision of Sports Betting or Poker game play.
Depositor" means a new customer having made, in compliance with the from
time to time existing bet321 terms and conditions (the Rules), a first minimum
deposit with the Sites, or the equivalent amount in any other of bet321
accepted currencies and which deposit is utilised for bona fide transactions
with an ultimate aim to establish and enter a normal commercial relationship
with bet321 within the framework of the Business.
Profit" means the total sum of the following components:
casino activities, all gross monies received by us in respect of all settled
bets made by New Depositors after deducting:
monies paid out to New Depositors as winnings
transactions which are reversed by instruction from
the card-holder's bank (commonly referred to as charge-backs)
Agent" means the person appointed by bet321 to carry out on its behalf and
make payments to the Affiliates.
data" means any information relating to any person, whether individual or
legal that is or may be identified from time to time (directly or indirectly).
It includes without limitation any and all information in relation to New
Depositors and/or Affiliates.
means the concept under which the Business is generally provided and, from time
to time, made available in the public domain, in the format of language and
localised customised homepages combined with call centre staff having the
relevant language skills.
Platform" means a technical tool, back office modules, functionalities and
data, for instance PariPlay Limited, to record, register and monitor the
relevant Affiliate activities, Business and other activities between bet321 and
New Depositors, which materialise via the advertising space of the Affiliate
concerned, ultimately allowing the management of the Affiliates New Depositor
accounts opened at Site.
"bet321" means bet321 Limited
and any of the subsidiaries of bet321 Limited, or any name the company trades
as, such as bet321.com or bet321 Partners. The contractual party in this
Agreement, notably for payment, invoicing and other financial purposes, is and
remains solely bet321 Isle of Man Limited.
2. General scope and object
requires third party advertising space to promote its Brands and increase its
Business, notably via the number of New Depositors, and will, from time to time
in cooperation with third parties, negotiate, sign and carry out its affiliate
marketing strategy. In the event bet321 uses a third party for the (partial)
roll-out of its affiliate marketing strategy, including contract negotiation,
day-to-day management of the Technical platform, payment processing, marketing
or other activities, this irrespective of the legal capacity of the
intermediary, whether as agent, subcontractor or other, bet321 is and remains
exclusively responsible for the proper execution of the Agreement.
expressly states that the promoting or soliciting of bets is subject to legal
restrictions in some countries and may even be prohibited in some cases. These
restrictions may vary from time to time. Thus, the Affiliate acknowledges that
- should the promoting or soliciting of bets or the participation in prize
games be prohibited under the rules and regulations of its country of domicile
or be permissible only under certain preconditions not met - it may not enter
into this agreement and shall, consequently, also not be entitled to post the
link on its website. Should any disadvantages whatsoever arise for bet321 or
the Affiliate due to disregard of the relevant prohibitions in the country of
domicile of the Affiliate, the Affiliate shall be exclusively liable for such
Affiliate further confirms that it operates the Affiliate Site under its own
name and that it is fully and without restrictions authorised to add and remove
content at will.
Unless otherwise agreed in writing by the Parties,
each Party shall remain exclusively responsible for all and any expenses
(including investment and/or running costs) incurred in respect of the obligations
it undertakes in terms of this Agreement and will have no right of recourse
against the other Party in respect thereof.
3. The Affiliate's integration in the bet321 Affiliate Network
conclusion of the Agreement, a unique partner identification code is assigned
to the Affiliate, and the Affiliate is integrated in the Technical Platform. By
means of the link code assigned within the scope of the bet321 Affiliate
strategy, New Depositors acquired via the link on the Affiliate's website and
the bets placed during such sessions are registered and/or can be further
preparation of additional advertising material relating to bet321 is only
permissible with bet321 consent. Advertising material (of any kind whatsoever)
may thus only be used after prior written approval by bet321.
A change of the URL address of the Affiliate Site
shall not constitute a change to the agreement and shall not affect its rights
and obligations arising from this agreement.
4. The Links
Affiliate agrees to give bet321 the Affiliate's reasonable assistance in
respect of the display, access to, transmission and maintenance of the Links.
Affiliate shall ensure that the Affiliate does not place any Links on pages of
the Affiliate Site aimed at persons under the age of 18 years.
3. In the
event that the Affiliate wishes to place the Links on websites other than the
Affiliate Site, the Affiliate must first obtain written consent from bet321.
Affiliate may not purchase or register keywords, search terms or other
identifiers for use in any search engine, portal, sponsored advertising service
or other search or referral service which are identical or similar to any of bet321's
trademarks or otherwise include the word “bet321”, “bet321 Partners” or
variations thereof, or include metatags on the Affiliate Site which are
identical or similar to any bet321 trademarks.
the Affiliate nor the Affiliates friends or relatives are eligible to become
New Depositors (as defined below) and the Affiliate shall not be entitled to
any share of Gross Profit or any Fees (or any other remuneration from bet321)
in relation to such relatives or friends. Relatives in this context shall
include (without limitation) the Affiliates spouse, partner, parent, child or
Affiliate shall indemnify on demand and hold harmless bet321 from and against
any and all losses, demands, claims, damages, costs, expenses (including
consequential losses and loss of profit, reasonable legal costs and expenses
and VAT thereon if applicable) and liabilities suffered or incurred, directly
or indirectly, by bet321 in consequence of any breach by the Affiliate of this
Affiliate shall not:
Directly or indirectly offer any person or entity
any consideration or incentive (including, without limitation, payment of money
or other benefit) for using the Links on the Affiliate Site to access the Site
(e.g. by implementing any "rewards" program for persons or entities who
use the Links on the Affiliate Site to access Site)
Read, intercept, record, redirect, interpret, or
fill in the contents of any electronic form or other materials submitted to bet321
by any person or entity
In any way modify, redirect, suppress, or substitute
the operation of any button, link, or other interactive feature of the Site
Engage in transactions of any kind on the Site on
behalf of any third party, or authorise, assist, or encourage any other person
or entity to do so
Take any action that could reasonably cause any end
user confusion as to bet321's relationship with the Affiliate, or as to the
site on which any functions or transactions are occurring
Other than providing the Links on the Affiliate
Site in accordance with this Agreement and any promotion, post or serve any
advertisements or promotional content promoting Site
Post or serve any advertisements or promotional
content promoting the Site or otherwise around or in conjunction with the
display of the Site (e.g. through any "framing" technique or
technology or pop-up windows or pop-under windows), or assist, authorise or
encourage any third party to take any such action
Attempt to artificially increase monies payable to
the Affiliate by bet321
Cause the Site (or any page thereof) to open in a
visitors browser other than as a result of the visitor clicking on a Link on
the Affiliate Site
Attempt to intercept or redirect (including,
without limitation, via user-installed software) traffic from or on any website
that participates in the bet321 affiliate program
Use any form of spam (including search engine
spamming or spamdexing) or unsolicited mail in its attempts to refer New
Depositors to the Site.
Be under eighteen (18) years of age; and he/she is
obliged to provide bet321 upon simple request at any time a copy of his/her ID
and billing address if needed. bet321 reserves the right at any time to request
that the Affiliate or player produce documents to verify his/her identity
and/or other facts. Refusal to do so may be considered, at bet321's sole
discretion, as fraudulent activity that will be subject to all the consequences
bet321 determines, in its sole discretion, whether
the Affiliate has engaged in any of the foregoing activities or doubtful
patterns, and the list above is not limited. As a result bet321 may without
limiting any other rights or remedies available to it, (a) withhold any monies
otherwise payable to the Affiliate, in particular adjust the commission earned
on the offending player in the affiliate account to 0%, sever the relationship
between the affiliate and the player account and/or (b) close the player and/or
affiliate account and/or immediately terminate this Agreement.
8. If the
Affiliate contacts any of the Affiliates users to promote the Site or the Links,
the Affiliate shall make clear in the body of any such communication that such
communication is made without the knowledge or involvement of bet321 and that
any complaint that the relevant user may wish to make should be addressed to
the Affiliate and not bet321
Affiliate shall at all times comply with the reasonable data protection
standards and any other related or similar legislation.
10. In any
event, the Affiliate shall inform users of the Affiliate Site
tracking technology will be installed on the User's hard drive when a User
clicks on the Links.
5. bet321 Obligations and rights
shall supply the Affiliate with the Links for inclusion on the Affiliate Site
and may update such Links from time to time.
to the Affiliate complying with bet321's instructions with regard to tracking
of New Depositors accessing the Site via the Links on the Affiliate Site, bet321
shall use its reasonable endeavours to ensure that whenever a New Depositor
links to the Site through the Links on the Affiliate Site and they subsequently
place a bet with bet321, the relevant New Depositor is identified as
originating from the Affiliate Site. However, bet321 shall not be liable to the
Affiliate in any way if bet321 is unable to identify a New Depositor as
originating from the Affiliate Site.
shall be entitled to exercise any of its rights or fulfil any of its
obligations hereunder (including without limitation its payment obligations
pursuant to clause 6) through any company within the group of companies
shall have the discretional right to accept or decline any offer to execute the
bet321 General Affiliate Marketing Agreement. In the event bet321 declines an
offer, it shall not be obliged to indicate a reason, nor shall any
compensation, remuneration or other indemnity be due.
shall develop and make available to the Affiliates advertising material for the
advertising space of the Affiliate (bet321 Content).
are required to ensure responsible placement of digital adverts. The Affiliate
agrees not to place any digital advertisements containing bet321 links or
branding on websites providing unauthorised access to copyright content. bet321
can terminate this Agreement, if in our reasonable opinion, the Affiliate has
been responsible for placing digital advertisements for the licensed activities
on such websites
bet321 shall have the discretional right to select
an adequate Technical platform.
6. Commission, Payment and Payment Terms
Affiliate in the bet321 Affiliate Network shall be entitled to receive, on a
monthly basis a revenue based on a percentage (to be agreed upon between the
parties) of the Gross Profit ("Commission").
shall be entitled to receive the Commission for each New Depositor for a
lifetime value from the date of the first deposit made by the New Depositors,
except in the event of a termination of the Agreement. In the event of the
termination of the Agreement, the payment of the Commission shall end after a
period of 6 months following the date of the effective termination of the
· To receive
revenue based on a percentage of the Gross profit of his Sub-Affiliate, the
Affiliate shall register the sub-affiliate through the bet321 Affiliate
Network. The Affiliate is individually responsible for registering his
Sub-Affiliate and cannot claim revenue from a Sub-Affiliate not registered
through the bet321 Affiliate Network. The Terms and Conditions shall apply to
the Sub-Affiliate. The Affiliate undertakes the responsibility to not use a
fictitious name or alias when registering a Sub-Affiliate and is not allowed to
register himself as a Sub-Affiliate. The Affiliate is entitled to receive an
agreed commission on top of the Sub-Affiliate's commission.
shall provide the Affiliate with statements accessible through the Technical
Platform at www.bet321partners.com detailing the number of New Depositors and
the Affiliates share of Gross Profit, if any, which has accrued to the
Affiliate over the course of the calendar month. New depositors will be updated
in real time and the affiliates share of gross profit within 24 hours. At the
end of a calendar month, bet321 shall record the Affiliates total share of
Gross Profits, if any, during the previous calendar month
("Commission"). If the Affiliate has chosen to be paid by any other
means other than to a bet321 Player Account (such as Moneybookers, Neteller or
National or International Wire Transfer) and if a Revenue Share does not exceed
50 GBP or similar, bet321 shall be entitled to withhold and carry forward such
sum until the end of the first calendar month in which the Revenue Share
(including such carried forward sum) exceeds 50 GBP or similar.
· It is
understood and agreed that the Affiliate has at any time secured real time
access to the Technical Platform, provided that bet321 does not object to such
access for duly motivated reasons, such as network and IT maintenance and/or
security threats. Affiliate understands and accepts that the real time data of
the Technical Platform are merely estimations and/or have an indicative value.
After the end of each calendar month, bet321 shall provide Affiliate with a
consolidated monthly statement containing the aggregated and accurate data
concerning the generated Gross Profits and the commissions of each Affiliate.
understands and accepts that access to the bet321 Affiliates Technical
Platform, including without limitation the Affiliate Software back-office
module, is subject to the highest level of confidentiality and any misuse,
whether intentionally or not, of the said limited access rights shall be
considered as a substantial breach of essential obligations under the present
Agreement (obligation of result).
payments to Affiliate shall be made by a Payment Agent appointed by bet321.
Both Parties agree and acknowledge that bet321 may change from time to time,
and at its sole discretion, the payment method and/or Payment Agent, always
provided bet321 is and remains exclusively responsible for payment of any
payments required to be made under this Agreement shall be made in GBP, EUR,
USD, AUD, CAD, SEK or NOK. The applicable exchange rates, if any, shall be the
ones used by bet321 for internal Group reconciliation purposes, currently
reported by XE (http://www.xe.com). For the avoidance of doubt, all payments
shall be made inclusive of VAT, if applicable and the Affiliate is individually
responsible for withholding tax, VAT and social fees.
and payment are processed automatically through the bet321 technical platform.
Payments shall be made by the 15th of the following month of each calendar
In the calculation of Gross Profit, when New
Depositor accounts result in a negative balance for the Affiliate, due to New
Depositor winnings and/or bonuses, the said balance will be set to zero at the
beginning of each month. No negative carryover will be taken into account from
one month to another in the calculation of the Commission due to the Affiliate.
7. Intellectual Property
in this Agreement shall constitute any license, assignment, transfer or any
other right to any Intellectual Property Rights, including, without limitation,
patents, trademarks, service marks, registered designs, copyrights, database
rights, rights in designs, inventions and Confidential Information, etc. which
arise in result of entering into or the performance of this Agreement.
Intellectual Property Rights created and/or deriving out of this Agreement,
including, without limitation, banners, advertising material, contents, the
Database, including content and personal data, shall be or become the sole
property of bet321, and Affiliate shall have absolutely no rights therein.
grants the Affiliate a non-exclusive and worldwide right to display the bet321 Brand
features and related content (the "bet321 Content") during the Term
solely for the purposes of the display of the Links by the Affiliate on the
Affiliate Site as set out in this Agreement and in accordance with bet321
guidelines as may be provided to the Affiliate from time to time. All intellectual
property rights and any goodwill arising in the Links and in all betting
products, associated systems and software relating to the services provided by bet321
to its New Depositors from time to time shall remain the property of bet321.
The Affiliate is not permitted to use the bet321 Content in any way that is
detrimental to bet321 or the reputation or goodwill of bet321. The Affiliate is
not permitted to alter or modify in any way the bet321 Content without the
express prior written consent of bet321.
given prior written approval, the Affiliate may not purchase or register
domains names which are identical or similar to any of bet321 trademarks or
otherwise include the word “bet321”, “bet321 Partners” or variations which are
identical or confusingly similar to any of bet321 trademarks.
Parties agree that the right mentioned above is non-transferable and may be
terminated at any time at the insistence of bet321.
Affiliate agrees that the Affiliate Site shall not resemble in any way the
appearance and/or the general impression of the Site, nor will the Affiliate
create the impression that the Affiliate Site is the Site (or any part
Upon termination of this Agreement, each Party
shall hand over to the other Party proprietary material or information, and, as
the case may be, destroy in a secure manner remaining copies of the same.
Notwithstanding any disposition to the contrary in this Agreement, Affiliate
acknowledges that after termination of the Agreement, it will not be allowed to
keep a copy of the bet321 Content, the Databases, personal data or Confidential
Information, and may not exploit, directly or indirectly, bet321 proprietary
information, materials or works.
party to this Agreement represents and warrants to the other that it has, and
will retain throughout the Term all right, title and authority to enter into
this Agreement, to grant to the other party the rights and licences granted in
this Agreement and to perform all of its obligations under this Agreement.
party to this Agreement represents, warrants and undertakes to the other that
it has obtained and will maintain in force all necessary registrations,
authorisations, consents and licences to enable it to fulfil its obligations
under this Agreement and that it fully complies with, and shall continue to
fully comply with, the preconditions set out above and in all applicable laws
Affiliate represents, warrants and undertakes that the Affiliate Site shall
contain no material which is defamatory, pornographic, unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially, ethnically, or
otherwise objectionable or discriminatory, violent, politically sensitive or
otherwise controversial or in breach of any third party rights and shall not
link to any such material.
Affiliate warrants that it shall at all times comply with any local and
international data protection standards any other related legislation and the
Affiliate shall indemnify on demand and hold bet321 exempt from any and all
losses, demands, claims, damages, costs, expenses (including consequential
losses and loss of profit, reasonable legal costs and expenses and VAT thereon
if applicable) and liabilities suffered or incurred, directly or indirectly, by
bet321 in consequence of any breach by the Affiliate of this warranty.
is associated with companies working for the prevention of gambling addiction
(Gamcare). The affiliate should provide all the information to fight the
dependence on gambling. The affiliate should place links directed to the
access to children and young persons. Affiliates must not deliberately provide
facilities for gambling in such a way as to appeal particularly to children or
young people, for example by reflecting or being associated with youth culture.
The Affiliate acknowledges and accepts bet321
adherence to the UK Gambling Commission standards and its responsible gaming
and betting policy.
bet321 makes no representation that the
operation of the Site will be uninterrupted or error-free and bet321 will not
be liable for the consequences of any interruptions or errors.
The Affiliate (the "Indemnifying
Party") shall indemnify on demand and hold harmless bet321 and each of its
associates, officers, directors, employees, agents, shareholders and partners
(the "Indemnified Party") from and against any and all losses,
demands, claims, damages, costs, expenses (including without limitation
consequential losses and loss of profit, reasonable legal costs and expenses
and VAT thereon if applicable) and liabilities suffered or incurred, directly
or indirectly, by the Indemnified Party in consequence of any breach,
non-performance or non-observance by such Indemnifying Party of any of the
obligations or warranties on the part of the Indemnifying Party contained in
11. Exclusion of Liability
in this Clause shall limit bet321 liability resulting from wilful misconduct.
shall not be liable, in contract, tort (including without limitation
negligence) or for breach of statutory duty or in any other way for:
Any economic losses (including, without limitation,
loss of revenues, profits, contracts, business or anticipated savings), or
Any loss of goodwill or reputation, or
Any indirect or consequential losses in any case,
whether or not such losses were within the contemplation of the parties at the
date of this Agreement, or any other matter under this Agreement.
The liability of bet321 shall not, in any event,
exceed the sum of the total monies paid by bet321 to the Affiliate over the 12
month period preceding the date on which such liability occurred.
12. Term and Events of Default
Agreement shall start on the date that bet321 notifies the Affiliate that its
application has been successful in accordance with Clauses 3 and 4. This
Agreement shall continue thereafter unless and until terminated in accordance
with Clauses 3, 4 and 5 (hereinafter the "Term).
Clause 12.1, bet321 may bring the Term to an end with immediate effect by
written notice to the Affiliate if:
Affiliate commits a breach of its material obligations under this Agreement and
in the case of a remediable breach, fails to remedy it within 30 days of the
date of receipt of notice from the other
Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary
arrangement, has a receiver, liquidator, administrator or manager appointed
over the whole or any part of its business or assets or if any application
shall be presented, order shall be made or resolution passed for its winding up
(except for the purposes of a bona fide amalgamation or reconstruction),
bankruptcy or dissolution or if it shall otherwise propose or enter into any composition
or arrangement with its creditors or any class of them, or it ceases to carry
on business or if it claims the benefit of any statutory moratorium.
Affiliate sells its business, or any part herein, and/or registers any change
of beneficial owner.
Clauses 12.1 and 12.2 bet321 may unilaterally terminate this Agreement on
delivery of one month’s prior written notice to the other party, and without
giving any reason therefore.
shall forthwith give notice in writing to the other party of any event within
clause 12.2.2 which occurs during the Term and which would entitle bet321 to
bring the Term to an end.
The parties shall have no further obligations or
rights under this Agreement after the end of the Term, without prejudice to any
obligations or rights which have accrued to either party at the time when the
Agreement ends save that clauses 1, 2, 8, 9, 11, 12, 13.5, and 14, together
with those other clauses the survival of which is necessary for the
interpretation or enforcement of this Agreement, shall continue to have effect
after the end of the Term.
Agreement constitutes the entire Agreement and understanding of the parties and
supersedes any previous agreement between the parties relating to the subject
matter of this Agreement. Each of the parties acknowledges and agrees that in
entering into this Agreement, and the documents referred to in it, it does not
rely on, and shall have no remedy in respect of, any statement, representation,
warranty, understanding, promise or assurance (whether negligently or
innocently made) of any person (whether party to this Agreement or not) other
than as expressly set out in this Agreement. Nothing in this clause shall
operate to limit or exclude any liability for fraud.
2. In no
event will any delay, failure or omission (in whole or in part) in enforcing,
exercising or pursuing any right, power, privilege, claim or remedy conferred
by or arising under this Agreement or by law, be deemed to be or construed as a
waiver of that or any other right, power, privilege, claim or remedy in respect
of the circumstances in question, or operate so as to bar the enforcement of
that, or any other right, power, privilege, claim or remedy, in any other
instance at any time or times subsequently.
Affiliate shall not without the prior written consent of the other party assign
at law or in equity (including without limitation by way of a charge or
declaration of trust), sub-license or deal with this Agreement or any rights
under this Agreement, or sub-contract any or all of its obligations under it or
purport to do any of the same. Any purported assignment in breach of this
clause shall confer no rights on the purported assignee.
4. If any
provision of this Agreement shall be found by any court or administrative body
of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the other provisions of this Agreement which
shall remain in full force and effect.
notice given or made under this Agreement to bet321 shall be by email to
email@example.com and marked for the attention of the Affiliates Manager
(or as otherwise notified by bet321 hereunder). bet321 shall send the Affiliate
any notices given or made under this Agreement to the email address supplied on
the Affiliate's application form or such other email address as notified by the
Affiliate to bet321. Any notice shall be deemed to have been received within
two hours of delivery provided that deemed receipt occurs before 9.00am on a
Work Day the notice shall be deemed to have been received at 9.00am on that
day, and if deemed receipt occurs after 5.00pm on a Work Day, or on any day
which is not a Work Day, the notice shall be deemed to have been received at
9.00am on the next Work Day. "Work Day" shall mean any day which is
not a Saturday, a Sunday or a bank or public holiday in the United Kingdom.
party undertakes that it will not at any time hereafter use, divulge or
communicate to any person, except to its professional representatives or
advisers or as may be required by law or any legal or regulatory authority, any
confidential information concerning the business or affairs of the other party
or of any member of the group of companies to which the other party belongs
which may have or may in future come to its knowledge and each of the parties
shall use its reasonable endeavours to prevent the publication or disclosure of
any confidential information concerning such matters.
in this Agreement is intended to or shall operate to create a partnership
between the parties, or to authorise either party to act as agent for the
other, and neither party shall have authority to act in the name or on behalf
of or otherwise to bind the other in any way (including but not limited to the
making of any representation or warranty, the assumption of any obligation or
liability and the exercise of any right or power).
party shall make any announcement relating to this Agreement nor its subject
matter without the prior written approval of the other party except as required
by law or by any legal or regulatory authority.
The validity, construction and performance of this
Agreement (and any claim, dispute or matter arising under or in connection with
it or its enforceability) shall be governed by and construed in accordance with
the laws of the Isle of Man. Each party irrevocably submits to the UK Gambling
Commission over any claim, dispute or matter arising under or in connection
with this Agreement or its enforceability.
Should one of the contractual
provisions be or become ineffective, the ineffective provision will be replaced
by one which shall come as close as possible to the commercial purpose of the
ineffective provision. All other stipulations of the agreement shall continue
in full force and effect.
may be executed in any number of counterparts, each of which when executed and
delivered shall be an original, however, all counterparts together shall
constitute one and the same instrument.
The Terms & Conditions were last
updated on 27/04/2017
Version: 0.0.1 Date: 27. April 2017