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You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement.
Your obligations with respect to confidential information shall survive the termination of this Agreement.
Data Protection. You shall at all times comply with data protection legislation in your jurisdiction. It is your responsibility to be aware of the legislation in your jurisdiction with respect to data protection.
Choice of Plans. We will track and report Player activity for purposes of calculating your Fees based on your chosen payment plan. The form, content and frequency of the reports may vary from time to time in our sole discretion.
Additional reports may be available online for you to view new Real Money Players per Tracker. We hereby exclude any and all liability for the accuracy or completeness of any such reports.
Raising Sales Invoices. You agree that we will raise sales invoices for the transactions covered by this Agreement on your behalf until this Agreement terminates in accordance with Section 5 of this Agreement.
You will not raise sales invoices in respect of the transactions covered by this Agreement. Payments in Timely Fashion. We shall make reasonable efforts to make any payments due to you in a timely fashion.
However, we shall not be liable for occasional delays or delays outside of our control. For example, any changes in the contact or banking details provided by you may give rise to a delay of up to sixty 60 days in making any payments due.
Where you become aware of any overdue payments due to you, please contact us immediately and we will seek to resolve the matter as soon as possible.
Method of Payment. All payments to you will be due and payable in United States Dollars or such other currency as we will determine, regardless of the currency any Players assigned to your Tracker may have played in.
Payment will be made by wire, e-wallets or bitcoin any other method as we in our sole discretion decide; however, we will use reasonable endeavours to accommodate your preferred payment method.
Charges for wires or courier charges for cheques will be covered by you and deducted from your Fees.
For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your Affiliate Payment Account.
Deductions for CPA Plan. In any event of a Chargeback, credit, or Player not reaching the age of majority in his or her jurisdiction, such Player shall not be considered for the purpose of the CPA plan, and any CPA payment made to the Affiliate with respect to such Player shall be deducted from future payments to the Affiliate.
If a Chargeback or Credit occurs during the fee payment-processing period, we reserve the right to deduct such amounts and the associated fees from the amounts due to the Affiliate under the Revenue Share plan.
Any Chargeback or Credit to a Player in respect of which the Affiliate has chosen the CPA reward plan will disqualify such Player and the Affiliate will not be entitled to any payment with respect to such Player.
Right to Withhold Amounts. We reserve the right to withhold all amounts due and payable to the Affiliate under this Agreement if it believes that any fraud has taken place or is contemplated which involves the Affiliate, whether or not the withheld amounts relate to the event in question.
We will also be entitled, in the foregoing events, to set-off from future amounts payable to the Affiliate any amounts already received by the Affiliate which can be shown to have been generated by fraud.
Intellectual Property Rights. This agreement grants no licenses or rights to intellectual property, either directly or indirectly or through third parties.
The PARTIES agree for all cases that: i all the distinctive signs and other forms of intellectual property including trademarks, symbols, logotypes, advertising signs, slogans, trade names, photographs, images, music, text, and screen designs, et al.
Supporting Documentation. Negative Balance. De-Tracking of Other Players. If a Player signs up to play on the Website and does not place a deposit for a period of sixty 60 days, we may, at our sole discretion, de-track that Player from your Tracker and you will not receive fees on that Player.
All taxes due in connection with any payments to you are your sole liability. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from this agreement and for collecting and paying the income tax and social security contributions in respect of your staff, if you have any staff.
If Value Added Tax VAT or any other sales tax or turnover tax is chargeable, you are responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided and you acknowledge that the payments that you receive shall be deemed to include all VAT or sales tax or turnover tax.
If you disagree with the monthly reports or amount payable, do not accept payment for such amount and immediately send us written notice of your dispute.
Dispute notices must be received within thirty 30 days of our making available your monthly report or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard.
Further, deposit of payment cheque, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement of Fees due for the month indicated.
Notwithstanding the foregoing, if any overpayment is made in the calculation of your Fees, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
Anti-Money Laundering. Effective Date. This Agreement shall commence on the date that we notify you that your application to join BC Affiliates has been successful and shall continue until terminated in accordance with this Section 5.
Immediate Termination by Either Party. Immediate Termination by Us. We may immediately suspend or terminate this Agreement upon notice to you: a where you materially breach any term of this Agreement and fail to remedy the breach if remediable within the time period specified by us to remedy same; b in accordance with its rights set out in this Agreement; c where we suspect the Affiliate or any Players signing up through the Affiliate are engaged in Fraud or are suspected of engaging in Fraud; or d where you are in breach of any warranty within this Agreement.
We reserve the right to withhold any amounts due to you in such circumstances whether or not such amounts are generated by the breach.
We may suspend or terminate this Agreement at our discretion immediately upon notice if we consider that you are for any reason unsuitable to be an Affiliate.
We shall not be required to disclose its reasoning in connection with any such suspension or termination. Termination Without Cause.
No Prejudice of Rights. Termination of this Agreement shall not prejudice any rights of any party which may have arisen on or before the date of termination.
Inactive Accounts. Where termination occurs, we will notify you that your Fees will be frozen. If we do not receive any response from you within one hundred and eighty days, any funds remaining within your Account will revert to us.
In this Section 5. Removal of Content On Termination. Upon termination of this Agreement for any reason, you shall remove all of the Content from your Site and all rights and licences granted to you in this Agreement shall immediately terminate.
Deduction of Payments. We shall be entitled to deduct from any payments due and payable to you, from any such debts and liabilities due to us, if any.
No Entitlement to Fees Following Termination. You shall not be entitled to any Fees in respect of revenues generated by Real Money Players following the termination of this Agreement.
Fraud Traffic Prohibited. The Affiliate will not engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves Fraud.
The Affiliate will act at all times to refrain from, immediately stop and not allow any Fraud Traffic or that it believes or should reasonably believe to potentially involve Fraud Traffic, or any act or traffic that we inform the Affiliate is suspected by it, at its discretion, to involve or potentially involve Fraud Traffic.
Suspicion of Fraud. No Warranties. Billing and Collection Limitations. Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Website other than as provided under this Agreement.
Other than as expressly provided in this Agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind regardless of whether we have been advised of the possibility of such loss including any loss of business, revenue, profits or data.
Our liability arising under this Agreement, whether in contract, tort including negligence or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to you in relation to the Site s that the dispute relates to over the previous twelve 12 months at the time that the event giving rise to the liability arises.
You shall defend, indemnify and hold us and our officers, directors, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses including reasonable legal fees resulting or arising directly or indirectly from your breach of this Agreement.
Set off. Without prejudice to any other rights or remedies available to us under this Agreement or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any liability of you to us, including any claims we have against you resulting from or arising from, your breach of this Agreement.
Compliance with Local Laws. Identity Verification. It is our policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities.
We will make our best efforts to reasonably ensure that we know the true identity of all of our Affiliates. For the avoidance of doubt, the Affiliate agrees that we may use any personal information provided by the Affiliate for the purposes of verifying its identity in accordance with Section 9.
The Affiliate agrees to provide us with any supporting documents requested by it. The Affiliate is aware that we have the right to delay payments if supporting documents are not provided.
The Affiliate acknowledges that its personal information meaning any information about it from which it can be personally identified, such as its name, address, telephone number or email address may be used by us for the following purposes:.
All notices pertaining to this Agreement will be given by email as follows: to you at the email address provided by you on the Affiliate Application or as subsequently updated by you to us in the event of change , and to us; if unsatisfied with the response, then to claims.
Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four 24 hours from the time of transmission.
You may not issue any press release or other communication to the public with respect to this Agreement, our Marks, or your participation in BC Affiliates without our prior written consent, except as required by law or by any legal or regulatory authority.
Except where you have received our prior written consent, you may not assign at law or in equity including by way of a charge or declaration of trust , sub-license or deal in any other manner with this Agreement or any rights under this Agreement, or sub-contract any or all of your obligations under this Agreement, or purport to do any of the same.
Any purported assignment in breach of this Section shall confer no rights on the purported assignee. We may assign any of our rights under this Agreement to any member of the Group or transfer all our rights or obligations by novation to any member of the Group.
Governing Law And Attornment. This Agreement including any variation or modification thereto shall be deemed executed in Malta and shall be governed by and construed in accordance with the laws of Malta without giving effect to conflicts of law principles.
You irrevocably agree that, subject as provided below, the courts of Malta shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this Agreement or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
Nothing in this Section shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Whenever possible, each provision of this Agreement will 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 or any other provision hereof.
Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to this Agreement provided by us to you in accordance with Section 2.
Each of the parties acknowledges and agrees that in entering into this Agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, 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 the Agreement.
Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this Section, it might otherwise have had in relation to any of the foregoing.
Nothing in this Section shall limit or exclude any liability for fraud. Third-Party Rights. Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or statute.
No Waiver by Us. If there is a breach of any provision of this Agreement, it shall not be considered as a waiver of any subsequent breach of the same or any other provision.
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The new site includes changes to navigation and a straightforward structure of content, and is designed to allow for better fluidity of data.
It is optimized for mobile devices, and the changes introduced are based on feedback received from site viewers. This is another way that we are working to provide the best experience to our gaming platform partners and site visitors.
Through the upgrade, as well as through future growth of the site, the company is establishing itself as an industry leader to deliver consistent, relevant news and resources that are important to individuals directly or indirectly involved in gaming.
The site will continuously be updated as needed to meet the changing needs and requirements of the gaming ecosystem," he continued.
TVGE strives to not only maintain a strong digital presence, but to exceed customer expectations at all times. This includes providing a fast and reliable website for its users.
In addition, with a greater focus on SEO, Google and other search engines will give preference to the site, which means greater positioning in search results and a better user experience for TVGE customers and partners.
Advanced Search. International edition. November 18, TV Global Enterprises Limited.