Registration

Version: 2.6

Date: 13th May 2025

Casumo – Affiliate Terms and Conditions

 

The following is the complete Terms and Conditions to apply as a member of www.casumo.com Affiliate Program. Please read this agreement completely. These terms are a legal agreement between Mediaology Limited, a company incorporated in Gibraltar with registration number 107628 with its registered address at Suite 5B, Watergardens, Block 1 GX11 1AA, Gibraltar (“Casumo”, “Company”, “us” or “we”) and you (“you” or “the Affiliate”) which regulates the relationship between you and us (“The Affiliate Agreement” or “Agreement”). By registering for the Affiliate Programme, and / or by accessing and utilising any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Programme, you represent that: (i)you have read, understood and agreed to be bound to the Terms and Conditions set out in this Affiliate Agreement and (ii) you are at least 18 years of age. The Company reserves the right to amend, alter, delete or extend any provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate, and shall use its reasonable endeavors to notify the Affiliate of such changes. Changes shall take effect as of the date on which they are published on this website unless otherwise stated in any relevant notice. The Affiliate shall be prompted to accept any changes upon logging into their account. It is your duty and obligation to ensure that you keep your contact and other information updated and to inform us of any changes at [email protected].

In the event you do not wish to commence, or otherwise wish to terminate this Agreement, you are requested to email the Affiliate Team at [email protected] to terminate your membership to the Affiliate Programme.

You shall be obliged to continuously comply with the terms of this Agreement, the terms of the Privacy Policy found on the Company Websites (as hereinafter defined) as well as with any other rules and/or guidelines brought forward from time to time. The Agreement between the Company and the Affiliate shall come into effect on the date when the affiliate application is approved in writing by the Company.

In the case of a conflict between this Agreement and the General Terms and Conditions, this Agreement shall prevail.

1. Definitions

 

1. “Affiliate Agreement” or “Agreement” means and includes (i) all the terms and conditions set out hereunder, (ii) the Privacy Policy and (iii) the Affiliate Application Form.
2. “Affiliate” means you, the natural person or entity, who applies to participate in the Affiliate Programme.
3. “Affiliate Application” means the application by virtue of which the Affiliate applies to participate in the Affiliate Programme.
4. “Affiliate Programme” means the collaboration between the Casumo and the Affiliate, whereby the Affiliate will promote the Company Websites and create the Links from the Affiliate Website(s) to the Company Websites and thereby be paid a Commission as defined under this Agreement depending on the traffic generated to the Company Websites subject to the terms and conditions of this Agreement and to the applicable Casumo Commission Structure.
5. “Affiliate Services” means the Affiliate’s promotion of the Company Websites and the creation of the Links from the Affiliate Website(s) to the Company Websites.
6. “Affiliate Website(s)” means one or more websites on the Internet which are maintained, operated or otherwise controlled by the Affiliate and / or any website which the affiliate uses to display Approved Marketing Materials and / or Links.
7. “Approved Marketing Material” means the banners, text and/or other online or offline promotional materials, media and/or any associated intellectual property rights thereto which is either provided to the Affiliate by Casumo or is created by the Affiliate (in accordance with Casumo’s marketing guidelines in each market/territory as communicated by Casumo from time to time) and as approved by Casumo.
8. “Commission” means the percentage of the Net Revenue due to the Affiliate calculated on the basis of the Casumo Commission Structure.
9. “Casumo Commission Structure” means the commission structure contained under Clause 19 below or any specific commission structure expressly agreed to in writing between Casumo and the Affiliate.
10. “Casumo” means the Company and any related group company responsible for the operational activities of the Company Websites.
11. “Casumo Group” means, in relation to Casumo, the Company its parent company and the other subsidiaries of such parent company as may be added or removed from time to time.
12. “Company” means Mediaology Limited, a company incorporated in Gibraltar with registration number 107628 with its registered address at Suite 5B, Watergardens, Block 1 GX11 1AA, Gibraltar.
13. “Company Website(s)” means the online gaming website/s operated and/or managed by the Company www.casumo.com and/or any other website which may be operated and/or managed by the Company as may be communicated to the Affiliate from time to time.
14. “Confidential Information” means any information of commercial or essential value for either of the Parties including, in relation to Casumo, any information relating to any Casumo Group company such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Company Websites, technology, marketing plans and manners of operation.
15. “Data Protection Legislation” means all applicable data protection, privacy and electronic marketing legislation, including, but not limited to, the General Data Protection Regulations (EU 2016/679) and any related national legislation, as well as any rules or regulations issued by a competent authority at any time.
16. “General Terms and Conditions” means the general terms and conditions and privacy policies which can be found on the Company Websites.
17. “Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, whether registered or unregistered and/or any other rights, titles and/or interest in the nature of the aforesaid.
18. “Links” means Internet hyperlinks from the Affiliate Website(s) to the Company Website.
19. “Net Revenue” means in relation to casino and sportsbook: all monies received by Casumo from New Customers in relation to bets placed or casino activities less (a) monies paid out to New Customers as winnings, (b) bonuses and/or loyalty bonuses, (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes (g) monies paid out as duties or taxes (h) jackpot contributions and (i) any commissions/fees due to third parties for providing/licensing games and/or games software;
20. “New Customer” means a new first time customer to the Company Websites who: – Has created a new player account, registering directly after having been referred from the Affiliate Website(s) to the Company Websites; and has made a first deposit amounting to at least the applicable minimum deposit in the Company Websites player account, in accordance with the applicable General Terms and Conditions, but excluding the Affiliate, its employees, relatives and/or friends.
21. “Parties” means the Company and the Affiliate (each to be referred to individually as “Party”).
22. “Referred Affiliate” means any individual and/or entity that an Affiliate of Casumo refers to Casumo and who can be linked to the Affiliate’s unique Affiliate account / identity, as a result of which person or entity becomes an Affiliate of Casumo.

2. Purpose

 

1. You shall provide the Affiliate Services solely and exclusively via the use of the Approved Marketing Material for each applicable market/territory. You shall not provide any Affiliate Services other than via the use of Approved Marketing Material and You fully indemnify Casumo for any damages resulting from the use of any marketing or advertising material which is not Approved Marketing Material.
2. You maintain, control and operate the Affiliate Website(s) and all content and material contained therein or in the alternative have appropriate contractual controls reflecting those within this agreement for any third party website where you display the Approved marketing Materials and / or Links and warrants and undertakes that the Affiliate Website(s) or such contracted third party websites and all content and material contained therein is and shall, for the duration of the Affiliate Programme, be compliant with applicable law and shall not contain any non-compliant, illegal, unlawful, defamatory, libellous, discriminatory, obscene, violent, pornographic, derogatory or otherwise inappropriate content or material, or content or material which infringes any third party rights.
3. You will not present the Affiliate Website(s) and/or its content or material as creating an impression that it is in any form or manner associated with, Casumo and/or any Casumo Group company.
4. This Affiliate Agreement sets out the general terms and conditions of the Affiliate Programme and is entered into between and is binding upon Casumo and the Affiliate.
5. By completing and accepting the Affiliate Application Form, You accept and agree to abide by all the terms and conditions of the Affiliate Agreement including any marketing guidelines in any applicable market/territory as may be issued by Casumo from time to time and which are available here.
6. This Agreement shall be binding on the Affiliate as soon as the Affiliate submits the Affiliate Application but shall not be binding or enter into effect in relation to Casumo until Casumo approves the said Affiliate Application.

3. Acceptance of an Affiliate

 

1. You are solely and exclusively responsible to ensure that any and all information submitted in the Affiliate Application Form is correct, true and kept up to date at all times and accept that the Affiliate Application Form shall form an integral part of the Affiliate Agreement with Casumo.
2. Casumo shall evaluate the Affiliate Application Form submitted and will notify you in writing (via email) of Casumo’s acceptance or otherwise of the request to enter into the Affiliate Programme. Casumo adopts a risk-based approach in the consideration of Affiliate Application Forms in accordance with applicable laws and regulations. Casumo reserves the right to refuse any request at its sole and absolute discretion. Casumo’s decision is final and not subject to any right of appeal. The Affiliate agrees to submit any and all documentation and information requested by Casumo to verify the information submitted in the Affiliate Application Form, the Affiliate’s identity and any other relevant information. The documentation which may be requested by Casumo shall include, without limitation documentation attesting to the identity of the individual or entity, recent proof of address and bank statements. The Affiliate understands and accepts that Casumo will require such documentation to be updated with more recent records from time to time and undertakes to inform Casumo of any and all changes to the information submitted in the Affiliate Application Form and to provide Casumo with updated documentation throughout the duration of the Affiliate Programme.
3. Casumo may, at its absolute and sole discretion, conduct additional verification checks to the ones referred to in sub-clause 3.2 above at any time following submission of the Affiliate Application Form and throughout the duration of the Affiliate Programme. In particular but without limitation, the Affiliate shall provide to Casumo together with the submission of the Affiliate Application Form and by no means later than thirty (30) days from submission of same, (i) in the case of an individual, a copy of a valid identification document, such as an identity card, a passport or a driving licence, together with proof of address, such as via a recent bank statement or utility bill not older than three (3) months or, (ii) in the case of a legal entity, a copy of the certificate of incorporation, the memorandum and articles of association and a certificate of good standing not older than six (6) months, together with identification documents and proof of address as explained above for individuals holding the position of directors, ultimate beneficial owners and shareholders holding twenty-five per cent or more of the legal entity’s shareholding. Casumo may at its sole and ultimate discretion request additional documentation and information from the Affiliate as may be required from time to time. Casumo reserves the right to withhold the payment of any Commission due to the Affiliate, to not recognise New Customers and/or Referred Affiliates and to withhold any compensation which may otherwise be due to the Affiliate as a result thereof and to temporarily suspend the Affiliate Account unless and until all such requested information and documentation has been supplied to Casumo’s satisfaction.
4. Once confirmed by Casumo in accordance with this clause 3, the Affiliate is granted the non-exclusive, limited and unassignable right to provide the Affiliate Services in the relevant market/territory to Casumo in accordance with this Agreement. The Affiliate understands that Casumo may and shall procure Affiliate Services from other third parties performing services of the same or similar nature to those provided by the Affiliate. Unless in accordance with this Agreement, the Affiliate shall have no further claim towards Casumo for the payments of Commission, fees or any other compensation for its activities.

4. Affiliate Representations and Warranties

The Affiliate hereby represents and warrants that it/he/she:

1. it has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement;
2. in the case of a natural person, is aged 18 or over, or aged 21 or over in the case of the Affiliate being resident in Estonia.
3. it has provided Casumo with complete, valid and truthful information and shall update and inform Casumo of any and all changes to such information;
4. it has obtained and will maintain in force throughout the term of this Agreement all necessary registrations, authorisations, consents and licenses necessary to fulfill its obligations under this Agreement;
5. is not involved in or does not intend to be involved in any act or traffic that constitutes or can reasonably be expected to constitute fraud or illegal activity, including, without limitation, money laundering activities.
6. it shall comply with all provisions of this agreement, as well as all applicable laws and regulations in force from time to time in the performance of its obligations and the provision of the Affiliate Services, including, but not limited to the Gambling Act (UK), the Licence Conditions and Codes of Practices (UK), the CAP Code and the Non-CAP Code (UK) as applicable, the Lotteries and Other Games Act (Malta) & Remote Gaming Regulations (applicable until 30.06.2018), the Gaming Act (Malta) (applicable from 01.07.2018), the Malta Gaming Authority’s Code of Conduct on Advertising, Promotions and Inducements. Registrar’s Standard for Internet Gaming of the Alcohol and Gambling Commission of Ontario (“AGCO”), iGaming Ontario’s Marketing and Advertising Conditions Policy, iGaming Ontario’s Brand Guide Policy (shared in conjunction with this Affiliate Application), iGaming Ontario’s Game Catalogue Conditions Policy, all as amended from time to time and can be found on casumoaffiliates.com, The Gaming Control Act, 1992 (Ontario), Gemeinsamen Glücksspielbehörde der Länder (GGL), DVTM – Deutscher Verband für Telekommunikation und Medien (German Association for Telecommunications and Media), the Interstate Treaty on Gambling and Bettertainment Advertising Code and of the rules issued by the relevant competent gaming authorities and any other rules, directives, guidelines, instructions communicated by either of the competent authorities or the Company, as well as with all Data Protection Legislation.
7. shall be subject to due diligence completion, PEP/sanctions checks and any KYC checks which may also be conducted and requested by Casumo to the Affiliate.
8. To share safer gambling related content on a regular basis with Casumo.
9. Shall comply with the Royal Decree 958/2020, of 5th November on gambling commercial communications with regards to any affiliate promotion restrictions within the Spanish market.
10. Shall comply with the ASAI Marketing Rules; section 10 with regards to any affiliate marketing rules within the Irish market.
11. is in possession of all appropriate consents or otherwise has a solid legal basis to process personal data in terms of the Data Protection Legislation and to conduct its activities under this Agreement, specifically to generate traffic and refer customers to Company Websites.
12. fully understands and accepts the terms of the Agreement.
13. understands that the role of the Affiliate shall be specifically limited to the advertisement, marketing and promotion of the Company Websites within any applicable market/territory, subject to the terms and conditions of this Agreement. For the sake of clarity, it is accepted and understood that the Affiliate is not authorised to enter into any direct or indirect communications with any New Customers or any potential or existing customers of Casumo in relation to activities carried out on the Company Websites or any disputes or complaints arising therefrom.
14. For Affiliates targeting Ontario. Inducements Bonuses and Credits. Advertising, marketing materials of any gambling inducements, bonuses and credits relating to the Ontario Websites are strictly prohibited. These activities are only permitted on the Ontario Websites; as such, Affiliate is prohibited from communicating any gambling inducements, bonuses, or credits available to be used on the Ontario Website on any of the Affiliate’s websites. Welcome offers for players signing up to the Ontario Websites must not appear on the Affiliates websites or be used as a marketing messages anywhere other than on the Ontario Website. Affiliate shall not engage in direct-to-consumer marketing, direct-to- consumer promotion, or player referral services for any online gaming sites that facilitate or accept wagers from players in Ontario without an AGCO registration. For clarity, this means that the Affiliate cannot market or promote any online gaming sites that operate in the Ontario grey market. Affiliate listings for the Ontario Website must be on pages of the Affiliates websites that exclusively promote online gaming sites available only in Ontario and which have an AGCO registration. Affiliates shall ensure that any listing(s) or advertising of the Ontario Website that may be viewed by individuals outside of the province of Ontario will explicitly state that only those physically present in the province of Ontario can use the Ontario Site. A ‘Not available in Ontario’ message must be included near any Casumo listing on any affiliate websites promoting a website that is not an Ontario Website. Ontario players landing on a rest of Canada listing(s) cannot be redirected to listings for the Ontario Website

 

5. Responsibilities and Obligations of Casumo

1. Upon the Casumo’s acceptance of the Affiliate’s request to enter the Affiliate Programme in accordance with this Agreement, a unique player tracking code is assigned by Casumo to the Affiliate, and the Affiliate is integrated in the technical platform of the Company Websites. By means of the unique player tracking code, New Customers acquired via the Link(s) on the Affiliate Website(s) and the bets placed during such sessions are registered and/or tracked.
2. Casumo shall provide the Affiliate with all required information and Approved Marketing Material necessary for the Affiliate to provide the Affiliate Services to Casumo. Casumo shall not be responsible for the creation of the Links from the Affiliate Website(s) to the Company Websites, nor for any marketing or advertising material which is not Approved Marketing Material. Casumo shall not be held liable for any fines, sanctions and/or other damages which may be incurred by the Affiliate as a result of its non-compliance with this Agreement, Casumo’s instructions and/or all applicable laws and regulations in force from time to time. The Affiliate shall fully indemnify and shall keep Casumo safe and harmless from any fines, sanctions and/or other damages which may be incurred by Casumo as a result of the Affiliate’s non-compliance with this Agreement, Casumo’s instructions and/or all applicable laws and regulations in force from time to time.
3. Casumo shall be responsible for the content and presentation of any material specifically provided to the Affiliate by Casumo, if any, for the purposes of the execution of this Agreement. Provided that nothing contained in this Clause 5.3 shall be interpreted as to having the effect of relinquishing the responsibility of the Affiliate with respect to the manner in which the material provided to it by Casumo is presented on the Affiliate Website or is generally distributed (or any other medium to be used by the Affiliate for the purposes of this Agreement) and for the suitability and compliance thereof with all applicable laws, rules and regulations.
4. Casumo shall administer the turnover generated via the tracking links, record the net revenues and the total amount payable to the Affiliate, whilst further providing the Affiliate with relevant player statistics.
5. Subject to the Affiliate’s adherence with this Agreement and all applicable laws and regulations, Casumo shall pay the Affiliate the Commission due thereto as calculated pursuant to clause 8 of this Agreement, for the Affiliate Services provided.
6. Casumo hereby notifies the Affiliate, which accepts, that personal data (as defined in the GDPR) pertaining to the Affiliate and/or any of its employees (if any) may be collected by Casumo and shall be utilised solely in the context of, and as is necessary for, the performance of this Agreement or in the pursuance of any legal obligation or legitimate interest.
7. Casumo shall use its reasonable endeavours to ensure that whenever a New Customer is directed to Company Websites and registers a new account, the relevant New Customer is identified as originating from the Affiliate’s Website(s). However, Casumo shall not be held liable if it is unable to identify a New Customer as originating from the Affiliate’s Website(s).

 

6. Casumo’s right to refuse or close New Customers’ accounts and Affiliate Programme applicants

1. Casumo may at its sole and absolute discretion refuse to recognise any New Customer or to suspend or close down a New Customer’s player account if, in the sole and final opinion of Casumo, such action is deemed to be necessary to comply with Casumo’s licences, internal policies and/or its player terms and conditions found here and/or applicable laws and regulations and/or to protect the interests of Casumo.
2. Casumo may refuse any applicant for the Affiliate Programme and/or may suspend or close down any Affiliate account if, in the sole and final opinion of Casumo, such action is necessary to comply with Casumo’s internal policies and/or applicable laws and regulations and/or to protect the interests of Casumo. If the Affiliate is in breach of this Agreement, Casumo may, besides suspending and/or closing down the Affiliate’s account, take any other steps in accordance with this Agreement and/or at law to protect its interests.

7. Responsibilities and Obligations of the Affiliate

1. The Affiliate hereby warrants and undertakes:

1. to use its best efforts to actively and effectively advertise, market and promote the Company Websites to potential customers, by providing Links and disseminating Approved Marketing Material received from Casumo on the Affiliate Websites, or via other marketing channels as may be approved in writing by Casumo;
2. to use its professional skills and expertise to actively and effectively advertise, market and promote the Company Websites as widely as possible, and in a manner which reflects industry affiliate best practice, in order to maximize the benefit to the parties whilst abiding by the General Terms and Conditions as may be brought forward from time to time and/or as are published online;
3. to ensure that all news, information, content, Approved Marketing Content, offers and promotions in relation to Casumo are current and up to date;
4. to abide by the Casumo marketing guidelines as may be made available to the Affiliate and as may be amended from time to time and not to use any marketing or advertising material and/or content which is not Approved Marketing Material in accordance with this Agreement;
5. to only use marketing material as shall be provided to the Affiliate by Casumo for the purposes of the advertisement, marketing and promotion of the Company Websites. The Links and/or the marketing material shall not be amended or altered without the prior written consent of Casumo. Casumo shall be responsible for the content of any material specifically provided to the Affiliate by Casumo, if any, for the purposes of the execution of this Agreement;
6. to be wholly liable and responsible for the development, operation, presentation and maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s) or generally distributed (via any other medium as may be approved in writing by Casumo) and to ensure that the Affiliate Website(s) including all of its content and material is in accordance with any and all applicable laws and regulations in force from time to time within the applicable territory/market; whilst further ensuring that any promotions are displayed in a clear and transparent manner;
7. to market and refer potential players to Company Websites entirely at its own cost and expense. The Affiliate will be solely responsible for the distribution and manner of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful and conducted in accordance with applicable laws and all local conduct of business requirements in the relevant market/territory;
8. to ensure that the Affiliate’s login details for the Affiliate’s account on the Company Websites are kept confidential, safe and secure. The Affiliate shall be solely responsible for any unauthorised use of their login details and for all activity and conduct on the Affiliate’s account, whether authorised by the Affiliate or not. The Affiliate shall immediately and without delay inform Casumo of any suspected illegal and/or unauthorised use of the Affiliate’s account;
9. to immediately and without delay notify Casumo upon suspicion that any New Customer referred by the Affiliate to the Company websites is a bonus abuser, money launderer or fraudster or an abuser of remote gambling websites;
10. to use only a tracking link provided to the Affiliate within the scope of the Affiliate Programme. In default of this, no warranty whatsoever can be assumed for proper registration and sales accounting.
11. not to send any material via direct marketing means to customers whom the Affiliate knows or should reasonably know to be self-excluded with Casumo;
12. to, at all times, abide by all the relevant advertising and/or marketing rules, legislation and guidelines issued by the competent authority/ies of the country in which the Affiliate intends to advertise, market and promote the Company Websites, as well as the countries in which the Company’s Websites are licensed to operate.

2. The Affiliate further undertakes, represents and warrants that:

1. that it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, immoral, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent material.
2. The Affiliate shall not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring the Company Websites and/or any Casumo Group company’s Intellectual Property Rights (or in any other way link to or drive traffic or provide Affiliate Services to any of the Company’s Websites) on any on any sites (whether owned by a third party or otherwise) which may, in any manner, be considered to be obscene, immoral, unsuitable or are otherwise black-listed and identified on the Police Intellectual Property Crime Unit (PIPCU) database. Such sites include, but are not limited to, those that: are aimed at children, display illegal pornography or other illegal or unacceptable sexual content, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party (including for the avoidance of doubt, any illegal streaming websites) or of Casumo or of any Casumo Group company or breach any and all applicable laws and regulations, including without limitation the relevant advertising regulations or codes of practice in any territory or any jurisdiction where such Affiliate Links or digital advertisements may be featured or where the Affiliate targets the provision of its Affiliate Services. The Affiliate shall ensure that it is aware of the location of each of such advertisements. Casumo reserves the right to periodically request a list of all locations used by the Affiliate to promote the Company Websites to ensured continued compliance. Accordingly, the Affiliate can only advertise the Company Websites on websites and through media accounts and channels that have been disclosed to and approved in advance by Casumo.
3. that it will not advertise the Company Websites on Facebook without having first obtained a Facebook Addendum signed on behalf of Casumo. Similarly, the Affiliate shall obtain the written consent of Casumo prior to promoting the Company Websites on any other social media platform.
4. that it will not publish an advertorial or website review pertaining to the Company Websites or any brands connected thereto without having received the prior approval in writing of Casumo.
5. that it will not target any person who is under the legal age for gambling, and shall ensure all necessary steps are taken to prevent materials being available to persons under the legal age for gambling also, without limitation, you will not provide materials relating to gambling which are meant to or will appeal particularly to children or young people;
6. that it will not target any jurisdiction where gambling and/or the promotion thereof is unlawful and/or illegal, as may be updated from time to time by the competent authorities. Without prejudice to the generality of the foregoing, the Affiliate is expressly prohibited from advertising the Company Websites on Dutch (.nl) and Finnish (.fi) websites or domain names which refer to typical Dutch or Finnish themes in combination with gaming terminology (eg. “clogbingo” and “suomi casino”). The marketing material pertaining to the Company Websites shall not be displayed on sites which are in the Dutch or Finnish language, and any reference to Dutch or Finnish themes like clogs and windmills, Finnish flags or bonuses which may specifically appeal to Dutch or Finnish nationals by virtue of their names or associated prizes is prohibited. Furthermore, The Affiliate shall not be eligible for any Commission and/or any other compensation or payment for any Affiliate Services provided in any jurisdiction where gambling and/or the promotion thereof is illegal. The Affiliate shall request the prior written approval of the Company to approve the domains being used to promote and market the Company Websites (‘Approved Domains’). Any additions, removals or changes to the Approved Domains shall be requested in writing by the Affiliate via an email to their Affiliate account manager.
7. you acknowledge Casumo’s ongoing commitment for the prevention of gambling addiction and you will cooperate with Casumo to actively reduce gambling addiction by, for example, placing links provided by Casumo on the Affiliate Website(s) which direct traffic to websites involved in the prevention of gambling addiction
8. you will ensure that you and all of your employees and partners undertake responsible gambling training once per year throughout the term of this Affiliate Agreement.
9. that it will not generate traffic to the Company Websites by unlawful, illegal or fraudulent means, particularly, but not limited to, by:
   1. Sending spam. This includes all formats of spam, including but not limited to emails and/or sms’ that meet any one of the following criteria: (a) are unsolicited and sent to a large number of addressees, (b) contain false or misleading statements, (c) does not honestly identify the source of the originating email address, (d) does not contain an online and real time ‘Remove’ option or causes software download, installation or similar action with addressee consent.
   2. Incorrect meta tags.
   3. Registering as a New Customer or making deposits directly or indirectly to any player account through a unique player tracking code(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the Commission and/or any other compensation which may otherwise be due or payable to you or to otherwise defraud Casumo or any Casumo Group company. Any Violation of this provision shall be deemed to constitute fraud for the purpose of this Agreement;
   4. presenting the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Company’s Websites and/or Casumo and/or any Casumo Group company or convey the impression that the Affiliate Website(s) is partly or fully associated with the Company’s Websites and/or Casumo and/or any Casumo Group company; and
   5. Popups, popunders and cookie dropping. This includes but is not limited to popups, popunders and dropping customer cookies. If you have media sources/websites that do not contain libelous, discriminatory, obscene, unlawful or otherwise unsuitable material and you are planning pop ads campaigns, pre-approval from Casumo is required in all cases.
10. that the Affiliate Website/s and any other medium which may be used by the Affiliate to advertise, market and promote the Company Websites in terms of this Agreement shall at all times uphold the standards of best practice by including, without limitation, the promotion of responsible gambling and containing ‘18+’ (or any other higher age restrictions that may apply to different jurisdictions) and responsible gambling warning messages and logos and links to the sites of agencies/organisations that help vulnerable customers on any pages/sites/media that links the potential customer to the Company Websites. All the above must be prominently displayed, visible and readable at all times. If using GIFs or any other media which cannot be edited, the elements must be in the text instead. In addition, the positioning of the support institution in images and banners must not appear as though the support institution is promoting or endorsing a game, brand or offer.
11. that it must not promote the Company Websites in connection with Matched Betting and Arbitrage Betting, which, for the purposes of this sub-clause, is defined as any method of betting or wagering which is intended to give players a guaranteed win with no risk, including, but not limited to, the use of free bets.
12. that it will not purchase, attempt to register, 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 the Company Websites and trademarks, trade names or otherwise.
13. that it will not use any of the Company Websites’ trademarks, trade names or otherwise include the terms contained therein or variations that are confusingly similar, in affiliate URLs. Brand names may not be used in a derivative URL or subdomain.
14. with the exception of the Approved Marketing Material and/or material, content and information as may be provided by Casumo and/or made available to the Affiliate from time to time throughout the duration of the Affiliate Programme, the Affiliate shall not use the Company’s Websites and/or any other terms, trademarks, banners, logos, text, images, material, content containing any Intellectual Property Rights of Casumo or any Casumo Group company unless Casumo provides its prior authorisation in writing for such use to the Affiliate. For the avoidance of doubt, the Affiliate may not use Casumo’s name, brand, logos, banners, images, text, trademarks, content, material and/or Intellectual Property Rights (including graphics and design material) in any direct marketing communications, including without limitation email, SMS and/or push notifications) or otherwise intended to promote Casumo or any Casumo Group Company unless with the prior authorisation in writing of Casumo and in accordance with all applicable laws and regulations in force from time to time.
15. you accept that you are wholly responsible to seek prior authorisation in writing from Casumo prior to launching, publishing and/or using any marketing material which is not Approved Marketing Material and that it must be able to produce evidence of such prior authorisation in writing upon request by Casumo;
16. you will not offer any rake-back, cash-back, value-back or similar programmes, other than such programmes as are offered by Casumo and/or any Casumo Group company and/or which have been authorised in writing by Casumo prior to their launch by the Affiliate;
17. prior to sending any direct marketing communications to individuals (including but not limited to email, SMS and/or push notifications) which (i) include any of Casumo Intellectual Property Rights and / or Approved Marketing Materials ; or (ii) otherwise intend to promote Casumo, you must first have permission from Casumo. If such permission is granted by Casumo you must then ensure you have obtained each and every recipient’s explicit consent to receive marketing communications and that such individuals have not opted out of receiving such communication. You must also make it clear, so that no confusion is caused (in regards to the sender of such communication) to the recipient that all marketing communications are sent from you and are not from Casumo. For the avoidance of doubt, should you wish to engage any third parties in connection with the provision of such direct marketing communications, you shall be responsible for ensuring such third parties comply with the requirements of this clause;
18. that, subject to the immediately preceding sub-clause, the use of direct marketing shall include and/or display any relevant details as required by the applicable competent authorities, particularly key promotion terms and conditions as required, together with any responsible gambling requirements (for example, ’18+’ icon, and a link to gambling charity websites). Further, all such e-mails or SMS messages shall contain the full name of the Affiliate and address – and shall never purport to have been sent by Casumo (in its capacity as data controller under GDPR). All e-mail messages shall contain a fully operational ’Unsubscribe’ link. All SMS messages shall contain a fully operations ’STOP’ or ’Unsubscribe’ option. The Affiliate expressly warrants that it shall maintain a fully updated register of all unsubscribe and STOP requests and corresponding e-mail addresses and mobile phone numbers, and Casumo shall be entitled to receive a copy of such register immediately upon request. The Affiliate warrants that any such direct marketing shall only be done where the customers have validly given their consent to receive such as required under the Data Protection Legislation;
19. you will not open affiliate accounts and/or submit Affiliate Application Forms for acceptance into the Affiliate Programme on behalf of third parties or attempt to transfer its own Affiliate account to any third party without Casumo’s prior authorisation in writing.

3. For Affiliates targeting Great Britain. You hereby also acknowledge that Company websites is licensed by the Gambling Commission of Great Britain, and offers its services to residents of Great Britain under this licence. As such, Casumo is subject to the Gambling Commission’s Licence Conditions and Codes of Practice (“the LCCP”) as well as other legal requirements that govern the manner in which it may operate and market and advertise its services (these include the UK CAP code, consumer protection laws, fair marketing rules, etc). This includes the requirement not to promote our Websites on any sites that promote or allow illegal sharing or downloading of copyrighted content. Therefore, you undertake to fully comply with these obligations referred to above, when you are marketing our Sites to people resident in the United Kingdom. As per the LCCP requirements, we reserve the right to immediately terminate this Agreement should your marketing activity be found to have breached any sections of the LCCP or the other UK marketing rules or requirements.

4. In addition to point 3 above, you further undertake to fully comply with any obligations, regulations, legislation and requirements in any licenced territory or market when you are marketing our Sites in such jurisdictions. We reserve the right to immediately terminate this Agreement should your marketing activity be found to have breached any relevant and applicable marketing rules or requirements in any given market/territory.

5. Casumo reserves the right at its sole and absolute discretion to suspend and/or terminate the Affiliate’s account with immediate effect and/or deduct money from the Affiliate account if any traffic is deemed to have been referred through fraudulent means or otherwise in breach of this Agreement.

6. If it is proved to Casumo’s satisfaction and at its sole and absolute discretion that any Commission and/or other compensation due to any Affiliate has been lost due to an incident of intellectual property theft, revenue generated by the offending Affiliate may be paid to the aggrieved Affiliate. Complaints regarding intellectual property theft shall be sent to [email protected]. It is at the sole and absolute discretion of Casumo to determine whether there is enough proof that the loss of earnings suffered by the aggrieved party resulted from an incident of intellectual property theft.

7. The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in very serious consequences for the Affiliate itself, for Casumo and/or for any Casumo Group company, including without limitation, fines, penalties, breach of license conditions including the possibility of suspension, withdrawal or imposition of conditions thereon and its general ability to do business, as well as potential civil and criminal action against the Affiliate, Casumo and/or any Casumo Group company by the respective authorities. Without prejudice to any of Casumo’s rights herein and/or at law, Casumo may forthwith terminate this Agreement, either in part or in its entirety, and/or may suspend or terminate any Affiliate account should any Affiliate act in breach of any of the provisions of this Agreement and the Affiliate shall be held fully responsible and liable towards Casumo and/or any Casumo Group company for any such resulting fine, penalty, claim, action, suspension or loss or revocation or the imposition of new licence conditions which is caused to Casumo and/or to any Casumo Group Company as a result of any Affiliate’s acts or omissions as the case may be.

8. Payment

 

1. Subject to the Affiliate’s strict adherence with this Agreement, Casumo agrees to pay the Affiliate the Commission in return for the provision of the Affiliate Services in accordance with the Standard Commission Structure and/or any other structure as may be agreed to in writing by and between the Parties. The Commission is stated to be exclusive of value added tax or any other applicable tax. In case of any change to the applicable VAT, the Commission shall be adjusted to reflect such change in such a way that the amount of Commission payable by Casumo shall not increase or otherwise change to the detriment of Casumo.
2. The Commission is calculated at the end of each month and payments shall be made by the 15th of the following calendar month, provided that the amount due exceeds €100 or a higher amount chosen by the Affiliate in his/her settings of the affiliate account (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
3. In the calculation of Commission where Net Revenue is negative due to New Customer winnings and/or administration fees and/or cash items and/or progressive contributions, the balance due to the Affiliate will be set to zero. A negative balance due to fraud costs will however be carried over where applicable, especially but without limitation in cases such as costs resulting from fraudulent activity and/or from intellectual property theft as contemplated in Clause 7.4 and/or from financial sanctions incurred under Clause 7.5 hereinabove.
4. In the event that a Customer has obtained a cumulative win of 7,000 Euros on any of the Company Websites in any given calendar month, such Customer shall be deemed a High Roller. When calculating the High Rollers Commission, where such Commission earned from an Affiliate in relation to a High Roller(s) is a negative amount in any given calendar month, we shall have the right to carry forward such negative amounts which shall be applicable to and set off against any future Commission payable to the Affiliate in relation to the High Roller(s) until the negative balance has been fully set off against future positive Commission.
5. Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is verified as having been made by Casumo at its sole and absolute discretion in the calculation of the Commission, Casumo reserves the right to correct such calculation at any time.
6. In case of overpayment in favour of the Affiliate, Casumo reserves the right, at its sole and absolute discretion and without prejudice to its other rights and remedies under this Agreement and/or at law, to summon the Affiliate to immediately refund the difference, or to deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full.
7. In case of underpayment, Casumo reserves the right, at its sole and absolute discretion and without prejudice to its other rights and remedies under this Agreement and/or at law, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar month.
8. The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
9. If the Affiliate disagrees with the balance due as reported, it shall notify Casumo within thirty (30) days from the date of payment and state the reasons of the disagreement as well as provide any and all relevant supporting documentation and evidence. Failure to notify Casumo within the prescribed time limit shall bed absolute deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
10. Casumo may in its sole and absolute discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days for the purpose of investigating and verifying the lawfulness of the Affiliate’s Affiliate Services provided and the Affiliate’s compliance with the provisions of the Affiliate Agreement and/or its adherence with any and all laws and regulations.
11. No payment shall be due if Casumo has reasons to believe that the traffic generated by the Affiliate is illegal, artificial, generated in bad faith or is in breach of any of the provisions of the Affiliate Agreement or of any applicable laws and regulations.
12. The Affiliate agrees to return all Commissions and any other compensations or payment received as a result of or based on fraudulent, falsified, artificially generated transactions and/or transactions achieved in bad faith and shall indemnify Casumo for all expenses, costs, penalties, damages and/or losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
13. Casumo reserves the right to set limits for a minimum level of activity on Affiliate’s accounts. Such minimum activity levels will be continuously reviewed and Casumo reserves the right to terminate any Affiliate not reaching the minimum level of activity. Such minimum shall be determined by Casumo at its sole and absolute discretion.
14. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or in any jurisdiction in accordance with any and all applicable laws and regulations (if any) to any tax authority, department or other competent entity as a result of the Commission and compensation generated and/or the provision of the Affiliate Services under this Agreement. Casumo shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall fully indemnify Casumo for any and all such amounts in the event that Casumo has to disburse such amount.

 

9. Affiliate Website(s) and the Links

1. The Affiliate expressly acknowledges and agrees that the use of the Internet, the provision of the Affiliate Services and compliance with the terms of this Agreement are at the Affiliate’s own risk. Casumo makes no guarantee in relation to the accessibility of the Company’s Websites at any particular time or any particular location. Casumo shall in no event be liable to the Affiliate or any other third party for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Company’s Websites.
2. During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between Casumo and the Affiliate. The Affiliate undertakes that it will display the Links to the Company’s Websites at least as prominently as any other sales link on the Affiliate Website(s) and where descriptive information accompanies any competitors’ links, the Links shall be accompanied by a description which shall have been provided in writing by Casumo and/or approved in writing by Casumo prior to publication of the description.
3. Casumo has the right to monitor the Affiliate’s activity throughout the duration of the Affiliate Programme, including without limitation the Affiliate Website(s) in order to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and any and all applicable laws and regulations and the Affiliate shall provide Casumo with all data, information and documentation as may be requested by Casumo from time to time in order to perform such monitoring.
4. The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the Intellectual Property Rights of Casumo and/or any Casumo Group company or which include the word “Casumo ” or variations thereof or which in any way refer or relate to Casumo and/or any Casumo Group Company. The Affiliate shall not create any applications or Internet pages falsely representing Casumo or any Casumo Group company in any way, shape or form on any social media channels (including, but not limited to, Facebook, Google+, Twitter etc.).
5. The Affiliate shall not take any action which could cause any confusion as to Casumo’s or the Company’s Websites’ relationship with the Affiliate and the Affiliate Website(s).
6. The Affiliate shall ensure that the Affiliate Websites and any third party websites used by the Affiliate at all times comply with data protection and privacy regulations, legislation and subsidiary legislation as may be applicable from time to time, including without limitation the General Data Protection Regulation. Without limitation to the foregoing, the Affiliate shall always inform visitors to the Affiliate Website(s) and any third parties to whom it directs or targets its activities of the processing of their data and their rights as data subjects, including, without limitation, that tracking technology will be installed on the users’ hard drive when the user clicks on the Links and provide the user with an option to reject such installation.
7. The Affiliate Website(s) shall have at least an opt-in facility for visitors to subscribe to the receipt of Approved Marketing Material from the Affiliate via any means of communication, including without limitation SMS or email. This is preferably done on a double opt-in basis. Should this facility be missing from the Affiliate’s end, any marketing material sent by the Affiliate will be considered by Casumo as spam. Casumo may immediately terminate this Agreement upon receipt of any complaint from any individual, entity or authority concerning the Affiliate’s marketing activities and/or any Approved Marketing Material in which Casumo’s and/or any Casumo Group company or any of its products/services have been referred to
8. Any communications and/or Approved Marketing Material sent by the Affiliate shall always contain an unsubscribe facility whereby recipients may opt to stop receiving the Approved Marketing Material from the Affiliate.
9. The Affiliate shall ensure that any Approved Marketing Material and/or communication sent to recipients, shall only be received by individuals who are of legal age in the jurisdiction where they reside and who have actively consented to receive such communications.

 

10. Termination

1. This Agreement may be terminated by either party by giving a thirty (30) day written (by email at [email protected]) notice to the other party. provided that this Agreement shall be automatically terminated in the event Casumo and/or any Casumo Group company is precluded for any reason whatsoever from offering the online gaming services to customers through the Company’s Websites.
2. This Agreement may be terminated immediately by Casumo by giving notice in writing (including by email) if the Affiliate is in material breach of any of its obligations under this Agreement and/or of any applicable laws and regulations and/or if its conduct causes Casumo and/or any Casumo Group company to fall in breach of any of its licence conditions and/or any and all applicable laws and regulations. the Agreement shall be considered terminated as of the date on which Casumo notifies the Affiliate of its decision to terminate the Agreement on the strength of this clause 10.2. In this event, the Parties agree that Casumo may take any action it deems appropriate, including the withholding of any unpaid commissions as of the date of termination as security for any perceived/anticipated/contingent liabilities or claims that may arise against Casumo due to the breach or activities of the Affiliate and it shall be at Casumo ‘s sole and absolute discretion whether to pay such earned but unpaid Commissions to the Affiliate;
3. This Agreement may also be terminated by either of the Parties by giving notice in writing (including by email) to the other Party if the other Party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other Party or in the event of any similar situation indicating that the other Party is insolvent.
4. Casumo may also terminate this Agreement immediately by giving notice in writing (including by email) for business reasons or for any other reason in accordance with its internal policies, standards and controls. Where Casumo terminates this Agreement in accordance with this sub-clause 10.4, it shall endeavor to provide a minimum of thirty (30) days’ prior notice in writing of such termination, however, where this is not feasible, termination may be effected by Casumo at such earlier day and without the requirement of notice. In such case, the Affiliate shall nevertheless be entitled to compensation for a thirty (30) day period from the date of notice of effective termination.
5. The Parties hereby agree that on termination of this Agreement howsoever achieved:
   1. the Affiliate must, within seventy two hours of receipt of the abovementioned notification, remove all references to The Company, Casumo and/or its brands and/or the Company Websites from the Affiliate’s websites and/or other marketing channel and communications, irrespectively of whether the communications are commercial or otherwise. The foregoing shall not apply to Casumo’s players’ complaints recorded on the Affiliate Website(s) which are recognised as Alternative Dispute Resolution bodies by accredited arbitrators’ institutions;
   2. all rights and licenses granted to the Affiliate under this Agreement, if any, shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and any other Intellectual Property Rights vested in the Company, Casumo and the Company’s Websites;
   3. the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however provided that Casumo may withhold the Affiliate’s final payment for a reasonable time for internal verification purposes to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date;
   4. the Affiliate must return to the Casumo any and all Confidential Information (and all copies and derivations thereof) in the Affiliate’s possession, custody, and control;
   5. the Affiliate will release the Company/Casumo from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards The Company/Casumo shall survive the termination of this Agreement; and
   6. all rights and licences enjoyed by the Affiliate under this Agreement and/or under the Affiliate Programme shall immediately terminate.

 

11. Liability and Indemnification

1. The Company/Casumo shall not be liable (in contract, tort, for breach of statutory duty or in any other way) towards the Affiliate or any third party for:
■ any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings
■ any indirect or consequential losses of the Affiliate; or
■ any loss of goodwill or reputation of the Affiliate.
2. Without prejudice to Casumo’s rights and remedies under this Agreement and/or at law, the Affiliate agrees to defend, indemnify and hold Casumo and any Casumo Group company, its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, safe and harmless from and against any and all claims, fines and liabilities, including reasonable legal and expert fees, related to or arising from:
■ any breach of Affiliate’s representations, warranties or obligations under this Agreement;
■ save for the provisions of clause 7.4, the Affiliate’s use (or misuse) of the Approved Marketing Material and Casumo’s and/or any Casumo Group company’s Intellectual Property Rights;
■ all conduct and activities occurring under Affiliate’s account;
■ any defamatory, libelous, illegal, discriminatory, obscene, violent, pornographic, derogatory or otherwise inappropriate content or material contained on the Affiliate Website(s) or Affiliate’s information and data;
■ save for the provisions of clause 7.4, any claim or contention that the Affiliate Website(s) or the Affiliate’s information and data infringes any third party rights, including and without limitation any patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of data protection, privacy or publicity;
■ third party access or use of the Affiliate Website(s) or the Affiliate’s information and data;
■ any claim related to Affiliate Website(s) or the Links; and
■ any violation of this Agreement or any applicable laws, including Data Protection Legislation.
3. The Company, Casumo and its group companies reserves the right to participate, at their own expense, in the defence of any matter or claim in relation to the above.

12. Data Protection

■ Upon the registration of New Customers with the Company Websites, the Parties acknowledge that they shall be acting as controllers in common (and not joint controllers) in respect of the independent processing of such New Customers’ personal data. For the purposes of completion, where the Company is a white-label the data controller in respect of New Customers may be a third-party licence holder.
■ The Affiliate shall at all times comply with the Data Protection Legislation as shall be in force from time to time with respect to all data filtered to Casumo. Without prejudice to the generality of the foregoing, the Affiliate undertakes to have in place a privacy policy which is readily accessible from the Affiliate Websites and which informs the site visitors of the manner in which their data is processed, the legal basis for such processing and the persons to whom their data may be shared, amongst other legal requirements.
■ Casumo may, at its sole discretion, request that the Affiliate evidences its compliance with this clause 12.3 and the Affiliate shall provide reasonable proof to this effect within 10 days of the receipt of such request.

13. Confidentiality

■ Throughout the duration of the Affiliate Programme, the Affiliate may from time to time be entrusted with confidential information relating to, without limitation, business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities, technology applications of Casumo and/or any Casumo Group company and personal data of the Company/Casumo shall be treated as confidential. The Affiliate shall use the Confidential Information only for the purposes necessary to further the commitments of and honour its obligations under this Agreement. For the avoidance of doubt, the Affiliate must not use the Confidential Information for any own commercial purpose or any other purpose other than those in this Agreement.
■ The Affiliate agrees to avoid disclosure or unauthorised use of the Confidential Information to third persons or outside parties unless with Casumo’s prior written consent.
■ The Affiliate shall only use customer data provided by Casumo. Any Confidential Information (including but not limited to contact numbers and residential addresses) provided by customers to third parties shall not be used by the Affiliate to provide the Services to Casumo under this Agreement.
■ The Affiliate shall not issue any press release or any other communication to the public with respect to its participation in the Affiliate Programme without the prior consent in writing of Casumo.
■ This clause 13 shall survive the termination of this Agreement and shall continue to apply indefinitely.

14. Intellectual Property

■ Upon acceptance into the Affiliate Programme, Casumo grants to the Affiliate a limited, royalty-free, non-exclusive and non-transferable licence to use the Intellectual Property Rights of Casumo and/or Casumo Group companies which is incorporated in the Approved Marketing Material and/or which is otherwise approved in writing by Casumo, which licence shall terminate immediately upon termination of this Agreement howsoever achieved. Other than the licence granted by virtue of this sub-clause 14.1, nothing contained in this Agreement or otherwise will grant the Affiliate any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the Company/ Casumo and/or any Casumo Group company. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights. At no time during or after the term will the Affiliate allure, attempt, challenge, assist or allow others to challenge or to register or to attempt to register the marks of the Company/Casumo. Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to the Company/ Casumo.
■ All Intellectual Property Rights created by the Affiliate and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company/ Casumo without any rights to the Affiliate.
■ At no time during or after the term of this Agreement, shall a Party attempt,, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.

15. Relationship of the Parties

Nothing contained in this Agreement, nor any action was taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.

16. Miscellaneous

■ In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail. Unless otherwise expressly agreed to in writing by and between the Parties, in case of any discrepancy between this Agreement and any informal or formal, verbal or written understanding, agreement, correspondence and or conversation by and between the Parties relating to the provision of the Affiliate Services by the Affiliate, this Agreement shall be taken to be the prevailing agreement reached by and between the Parties and shall supersede and replace any previous communications, understandings and arrangements previously in place by and between the Parties relating to the subject-matter thereof.
■ Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement.
■ No waiver in relation to this Agreement will be implied from conduct or failure to enforce any rights and all waivers must be in writing to be effective.
■ Any notice given or made under this Agreement to Casumo shall be sent by email to and marked for the attention of the Affiliate Manager of the Company’s Websites unless otherwise notified by Casumo. Casumo shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.
■ The Affiliate may not assign this Agreement or any rights hereunder, by operation of law or otherwise, without the prior written consent of Casumo. Casumo may assign this Agreement and all its rights hereunder to any Casumo Group company or to any other third party without obtaining the prior consent of the Affiliate.
■ Casumo’s failure to enforce the Affiliate’s adherence to all terms outlined in the Affiliate Agreement shall not be construed to constitute a waiver of the right to enforce such right at any time.
■ Casumo and the Affiliate will work in close cooperation at all times for the mutual benefit thereof and for the successful provision by the Affiliate of the Affiliate Services in accordance with this Agreement.
■ Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate this Agreement with immediate effect by providing a written notice.
■ Unless otherwise expressly agreed, this Agreement shall constitute the entire agreement and understanding superseding any agreement between the Parties. In case of conflict between this Agreement and any other agreements entered into between Casumo and the Affiliate, the contents of this Agreement shall prevail. Each Party acknowledges and agrees that by entering into this Agreement, 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 in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.

17. Amendments to this Agreement

■ The Company/ Casumo reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. If applicable, a written notice of the amendments will be sent to the Affiliate’s registered email address and such notice will be deemed to be served once sent by Casumo. The Affiliate’s continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate’s acceptance of the new terms and conditions.
■ It shall be the sole responsibility of the Affiliate to keep updated with the latest version of this Agreement.

18. Governing Law & Jurisdiction

The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta. The Parties irrevocably submit to the exclusive jurisdiction of Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with this Agreement and/or its enforceability.

19. Commission Structures

Casumo Commission Structure calculated on a monthly basis:
NDC/month – Affiliate’s Commission

■ 0-5 NDC – 25% of Net Revenue
■ 6-10 NDC – 30% of Net Revenue
■ 11-20 NDC – 35% of Net Revenue
■ 21-40 NDC – 40% of Net Revenue
■ 41+ – 45% of Net Revenue