Terms & Conditions

Client agreement regarding use of ewaffiliates services     |     Version - 2.1 Last Updated – 12/02/2019

INTRODUCTORY PROVISIONS

This document sets out the terms and conditions agreed between Forwell Investments B.V (hereinafter “EWaffiliates” or “Company”), a private limited liability company organized and existing in Curacao registered in the Commercial register of Curacao no. 136125,and the person or 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) the EWaffiliates program and to promote the EnergyWin.com website by publishing text links, graphic banners and other advertising materials. For the avoidance of any doubts, in the case the Affiliate stops promoting the EnergyWin.com website, the agreement is declared automatically cancelled.

EWaffiliates may change all or any part of this Agreement at any time. Notice will be given by message to the affiliates email address and will be deemed to be served immediately when sent by EWaffiliates or by a pop-up message when the affiliate partner logs into the Affiliate Platform – whichever occurs sooner. If the Affiliate does not agree to the changes the Affiliate should terminate this Agreement in accordance with its terms. The affiliates continued participation in the EWaffiliates programme after EWaffiliates have posted the changes will constitute binding acceptance of such changes.

The Affiliate and EWaffiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship in between.

DEFINITIONS

Affiliate means any person or company who entered into this Agreement and offers advertising services for the brands represented by EWaffiliates on the marketing sources submitted and approved by EWaffiliates for the duration of the Agreement.        

Bonuses mean the total sum of any so-called free money, free credits, paid in cash bonuses, free spins, free spins winnings, wager free offers, vouchers, money back, cashback and/or similar that the Customers can utilize as payment for using our services.

Calendar Days means any day of the week, month or year including bank holidays and weekends.

Commission means the compensation due to the Affiliate based on the agreed affiliate reward plan or commission plan.        

Gross Gaming Revenue means the summed value of the total wagered real money and/or bonus funds minus the total returned real and/or bonus funds.           Net Gaming Revenue means the revenue after deductions which are but not limited to: taxes, betting duties, third party commissions/fees, financial transaction fees, bonuses, any other player rewards, cash back’s and chargebacks.        

Admin Fee means fees, third-party commissions and fees, financial transaction fees, chargebacks, operational costs, marketing costs, legal costs, account maintenance costs, license fees. The admin fee is calculated based on the Gross Gaming Revenue and the actual value of this fee is 0% in the case of the default commission plan. EWaffiliates reserves the right to change the admin fee % at any time in the case of any commission plan or affiliate account.

Market Tax means taxes imposed on the Gross Gaming or Net Gaming Revenues of a selected country. Market taxes vary based on the gaming operator instructions and actual jurisdictional laws.

New Customer means any newly registered customer of EnergyWin.com.

New Depositing Customer means any EnergyWin.com customer who registers using the given Affiliate Media advertising materials and makes, using his/her own financial instrument, it’s first real money financial transaction in the same calendar month.

First Time Depositing Customer means any EnergyWin.com customer who registers using the given Affiliate Media advertising materials in any calendar month and makes, using his/her own financial instrument, it’s first real money financial transaction in the next or any upcoming calendar month.

Parties mean EWaffiliates and the Affiliate (each a “Party”).

Commission Plan means any financial compensation plan agreed between the Parties to reward the Affiliate for its advertising services offered.        

Affiliate Platform means a statistical technical tool, which records, registers and monitors the relevant Affiliate activities. All the marketing materials used by the Affiliate will be stored in a special content group within the platform.        

Advertising Material means a single or a group of graphical, contextual tools which should be placed and shown as an advertisement on the registered marketing source.

Marketing Source means the web property registered into the EWaffiliates affiliate platform where the Affiliate is publishing the Advertising Materials.

Working Day means every day from Monday to Friday inclusive, excluding public holidays and weekends.

1. AFFILIATE RIGHTS AND OBLIGATIONS

             
  • As the Affiliate, you are responsible to publish, update and actively perform marketing campaigns in order to attract and/or inform potential New Customers and referring them to EnergyWin.com.

  • You are solely liable for the content and manner of such marketing activities. We expect all your marketing activities as the Affiliate to be professional, proper and lawful under any applicable rules, regulations or laws.

  • Your activities should also comply with the terms and conditions of this Agreement.

  • Throughout the term, we expect you as the Affiliate to make sure that you are prominently incorporating and displaying the most up to date Advertising Materials provided by EWaffiliates.

  • As the Affiliate, you are not permitted to, nor should you authorize, assist or encourage any third party to:

    •                
    • Place advertising materials on any online site or other media where the content and/or material on such website or medium is potentially libellous, malicious, discriminatory, obscene, unlawful, or violent or that is, in our sole discretion otherwise unsuitable.

    • Place any advertising materials on any online sources which were not registered into the EWaffiliates affiliate platform.

    • Place any advertising materials on pages aimed at persons under the age of 18 years.

    • Market or promote EnergyWin.com to persons from any Excluded Countries or be involved in any marketing activity coming from any Excluded Countries.

    • Open more than one affiliate account without a prior written declaration by EWaffiliates.

    • Register as a player or make deposits to any player account through his own or use any affiliate’s links for personal use or the use of third-party natural or legal persons attempt to artificially increase the financial rewards or any statistical metrics.

    • To offer any kind of reward or other than standard incentive offers to any third party for registration or financial activity in EnergyWin.com.

    • Using on pages with content about or from EWaffiliates or EnergyWin tools which can block, stop, delay, or redirected to a competitor’s website or business. (e.g. click pop-up, 2-way redirections etc.)

    • Do any act that causes the Affiliate site or any other site to copy or resemble the look and feel of the EnergyWin.com.

    • Register (or apply to register) any domain name similar to any domain name used by or registered in the name of EnergyWin.com or any other name that could be understood to designate EnergyWin.com.

    • Use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customers to the EnergyWin.com site.

    • Generating traffic using the EWaffiliates affiliate links, through pop-unders, pop-ins without prior written approval from EWaffiliates.

  • As the Affiliate, you agree to give EWaffiliates reasonable assistance regarding the display, access to, transmission and maintenance of the links.

  • The company may refuse any applicant new customer or close a new customer’s account if it does not comply with the company’s policy and/or does not protect the interest of the company.

  • Any additional customized Advertising material created by the Affiliate and related to EnergyWin.com or EWaffiliates shall require EWaffiliates prior written approval.

  • It is the responsibility of the Affiliate to ensure that any tracking code generated from the Affiliate Platform is used correctly. EWaffiliates is not responsible for any loss or damage caused by errors of the tracking codes.

  • In the event that the Affiliate wishes to place tracking/affiliate links on other websites, the Affiliate must first register the new marketing source in the Affiliate Platform. All the marketing sources used by the Affiliate should be registered and tracked separately.

  • EWaffiliates has the right to monitor the Affiliate Marketing Source to ensure that the Affiliate is complying with the terms of this Agreement. EWaffiliates can request modifications or corrections at any time, and the Affiliate should submit to eventual instructions.

  • By this Agreement, we grant you the non-exclusive, non-assignable, right to direct New Customers to our site in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Commission or other compensation on business secured by or through persons or entities other than you.

  • The Affiliate should be able to provide at any time a copy of ID, billing address, proof of domain ownership and/or other documents requested by EWaffiliates within 14 calendar days in order to verify the personal and financial details registered into the Affiliate Account.

  • Affiliate shall not incentive’s or indicate, sell or offer casino systems or similar betting or gaming methods which could be used at EnergyWin.com and/or another betting/playing/staking options that statistically prevent the spirit of the Affiliate partnership from being profitable for both parties. If 40% or more of an Affiliate’s referred customers are using the same activity pattern in relation to Casino, Live Casino or any other other product offered, this shall be considered as a breach of this Agreement and may result in immediate Affiliate account closure.

  • The Affiliate should not create pages and promote using our brand trademarks EnergyWin.com or EWaffiliates in any social media channel.

  • If the Affiliate attempts, with EWaffiliates prior written consent, to promote EnergyWin.com using methods such as but not limited to email marketing, SMS or through other similar services, the Affiliate shall make visibly clear of any such communication that they have been sent by the Affiliate, and any complaints made as a result of this communication should be directed to the Affiliate and not to EWaffiliates or EnergyWin.com. Violation of this point may result that EWaffiliates will consider this activity as spamming which can result in termination of this agreement and withholding all commissions generated.

  • The Affiliate will be solely responsible for the development, operation, and maintenance of his marketing source(s) and for all materials that appear on. For example, the affiliate will be solely responsible for ensuring that materials posted on his/her marketing source(s) are not libellous or otherwise illegal. EWaffiliates disclaim all liability for these matters.

  • Further, the affiliate will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of the Affiliate activity and marketing source.

  • EWaffiliates program is intended for affiliate’s direct participation. He/She shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted without the prior written consent of EWaffiliates.

  • Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by sending a written request to EWaffiliates. Approval is solely at EWaffiliates discretion and upon such approval, the commission plan of the account will be set to default.

  • During the term of this Agreement, Affiliate may be entrusted with confidential information relating to EWaffiliates or/and EnergyWin.com business, operations, or underlying technology and/or the Affiliate Platform (including but not limited, for example, to Commissions earned). Affiliate agrees to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties.

  • The Affiliate shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and social responsibility codes and any other related or similar legislation.

  • The Affiliate hereby warrants and undertakes:

    •                
    • To use its best efforts to actively and effectively advertise, market and promote EnergyWin.com as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of EWaffiliates.                  

    • To market and refer potential players to EnergyWin.com at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.                  

    • The Affiliate should provide a valid contact address and should reply to the account manager questions regarding the actual partnership.                  

    • That it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.

    • That it will not actively target any person who is under the legal age for gambling.

    • That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.

    • That it will not generate traffic to EnergyWin.com by illegal or fraudulent activity, particularly but not limited to sending spam, incorrect meta-tags, cashback offers, incentives, friend referrals, any other fraudulent habit.

2. EWaffiliates RIGHTS AND OBLIGATIONS

             
  • EWaffiliates shall be entitled to accept or decline any Affiliate application.

  • EWaffiliates shall supply the Affiliate with landing pages, graphic banners, product overviews and any other material used as advertising materials for inclusion on the Affiliate Marketing Source and may review and/or update such content from time to time.

  • EWaffiliates will make all the technical efforts to ensure that whenever a New Customer is directed to EnergyWin.com through the EWaffiliates media files on the Affiliate Marketing Source and registers an account, the relevant New Customer is identified as originating from the Affiliate Marketing Source. However, EWaffiliates shall not be held liable if it is unable to identify a New Customer as originating from the Affiliate Marketing Source.

  • When the Affiliate’s application is accepted, EWaffiliates will assign a partner identification number to the Affiliate. This number will be present in all of the links in the Affiliate System to identify customer referrals from the link of the Affiliate’s website.

  • EWaffiliates, after the Affiliate will sign electronically this Agreement, will assign an affiliate account manager to the Affiliate account. The account manager will provide instructions and support to the Affiliate partner via email or other online channels.

  • The Affiliate Platform will be chosen by EWaffiliates. EWaffiliates can decide about changing or modifying the tracking software at any time without notice.

  • In case of any technical, statistical, recording (and/or) disputes, an investigation will be started and EWaffiliates final decision will be accepted as final.

  • EWaffiliates reserves the right to change the Affiliate’s Commission Plan to the default plan at any time if the Affiliate does not respect the pre-agreed conditions of the eventual special commission plan offered.

  • EWaffiliates reserves the right to stop calculating any rewards and even declaring the Agreement NULL in the case the Affiliate suspends our brand promotion unilaterally, redirects, blocks, delays or stops the clicks performed on EWaffiliates advertising materials or tries to harm EnergyWin.com, EWaffiliates and its contracted parties reputation in any form (e.g. blog post, false rating, false review etc.)

  • EWaffiliates may refuse any player or close a player’s account if it is necessary to comply with the Party Policy and/or protect the interest of the brand.

  • EWaffiliates reserves the right to terminate the Agreement if the Affiliate does not promote or generates any media activity for more than 2 consecutive months. Except in cases where an Affiliate specifically redirects or stops visitors due to the Excluded Countries policy.

  • EWaffiliates reserves the right to terminate the Agreement if visitors, who have clicked on a tracking link provided to one of our clients’ websites or are otherwise interested in a client’s brand, are blocked, stopped, or redirected to a competitor’s website or business. (e.g. click pop-up, 2-way redirections etc.)

  • EWaffiliates reserves the right to terminate the Agreement if the Affiliate should be subject to complaints that have been upheld by any authority or body in jurisdictions where EWaffiliates and its clients operate.

3. FINANCIAL TERMS

             
  • All the eventual special commission structures agreed in writing between the affiliate manager and affiliates, except the standard one presented below, are valid for a maximum 6 (six) months period of time. After 6 (six) months the structure can be prolonged, however, the structure should be renegotiated and written confirmation must be sent by the EWaffiliates account managers. In case of IO’s and additional signed contracts between the parties, the affiliate must include that he/she accepts in full the terms and conditions of EWaffiliates as it is available. Any documentation signed without that paragraph will be not accepted.

  • EWaffiliates agrees to pay the Affiliate a commission calculated based on the Total Net Revenue generated by the group of customers financial activity referred only by the approved Affiliate Marketing Sources registered into the Affiliate Platform.

  • The Affiliate shall be entitled to receive the Commission exclusively for real-money customers. Affiliates will earn lifetime standard commission for the referred customers. The commission is offered on a lifetime basis, however, the % rate may vary based on the offer set for the Affiliate account. The Affiliate shall be entitled to receive the Commission, in the case of a Net Revenue share model, for each unique real money customer referred, for a lifetime value from the date of its registration until the Affiliate Agreement is not eventually terminated.

  • The amount of the commission will be calculated based on the following Net.

  • Revenue table:

    DEFAULT - COMMISSION STRUCTURE

                                                                                                                                                                                                                                                                                                                         
      During a Calendar Month    % of the Net Revenue Generated  
    0 New Depositing Customer30%
    1-4 New Depositing Customers35%
    5-9 New Depositing Customers40%
      10 or more New Depositing Customers  50%
  • EWaffiliates shall provide the Affiliate with statistics accessible through its EWaffiliates account detailing the number of New Customers, New Depositing Customers, First Time Depositing Customers, Total Number of Depositing Customers, Net Revenue, Banner Impressions, Clicks, Unique Clicks and the Earnings in form of Commission. These statistics will be updated daily, some of them not in real-time.

  • EWaffiliates reserves the right to apply the Affiliate’s Commission/change the Default Affiliate’s Reward Plan if the Affiliate substantially reduces its efforts to promote EnergyWin.com during a special commission plan agreement or in case the Affiliate does not reply to the account manager contact.

  • In cases where the Affiliate fails to publish up-to-date content or information about our client/s and fails to apply requested changes or updates, EWaffiliates reserves the right to temporarily suspend the calculation of any commission and rewards. If changes are made within the same month they are requested, commission and rewards will be reset and calculated normally for the period of the entire month. If requested changes are not made within the same month, commission and rewards will not be calculated for that entire month.

  • All payments due under this Agreement shall be made in Euros. The applicable exchange rates, if any, shall be the one used by EWaffiliates.

  • We have and reserve the right to pass on any Fraud Costs to Affiliate’s account.

  • Big Winner Policy:

The Big Winner Policy will come into effect when:

A player generates a negative Net Revenue balance of €10000 or more, on any product or game. In such a case the player will be considered to be a Big Winner. The aggregate negative Net Revenue for the Affiliate is greater than €4000 at the end of an open period.

If both the above criteria set are met, the negative Net Revenue generated by the Big Winner will be isolated until the player becomes profitable. All players subject to the Big Winner Policy will be visible to Affiliates in the Customer Reports, within the Affiliate Platform. Any Big Winner Policy balance carried forward will not be set-off against other customers referred by the affiliate. In the period when a Big Winner customer surpasses his negative net revenue, the Affiliate will begin earning a commission for that customer again automatically. If there is more than one Big Winner, each Big Winner will carry forward his own negative balance.

             
  • The commission is calculated at the end of each month and payments shall be performed based on invoices received by the [1st until 25th] of each calendar month, provided that the amount due exceeds €0 in case of e-Wallets payment and European Bank Transfer payments. The threshold in the case of non-European bank transfers is €1000. If the commission balance due is less than the amounts above, it will be carried over to the following month and shall be added to the next month’s commission.

  • Payment of commissions shall be made as per the payment method is chosen by the Affiliate based on invoices. If an error is made in calculating the commission, EWaffiliates reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

  • EWaffiliates may delay payment of any commission balance to the Affiliate for up to ninety (90) days while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions or in the case due to unseen technical or financial circumstances EWaffiliates experience a delay.

  • Affiliates acknowledge and agree that a different payment scheme may apply to other Affiliates who are already being paid by EWaffiliates in accordance with an older or alternative payment scheme or in other particular cases as determined at EWaffiliates sole discretion from time to time.

  • Net Revenue share amount will be calculated based on the following formula: Gross Revenue – Bonuses – Admin Fee – Taxes

  • If there is a pending payment due to an Affiliate for a period of one year or more as a result of any or all of the following – incorrect payment details, missing payment details, invalid or no-longer-valid payment details and the Affiliate has not responded to all reasonable contact attempts made by EWaffiliates, the payment will be permanently cancelled.

  • CPA/Hybrid Plans are not offered in the standard commission plan. You can send your application, to your affiliate manager, to get a unique CPA/Hybrid Plan. If your application will be accepted, you will receive a one-off payment for every First Time Depositing Customer you refer to EnergyWin.com. A CPA Payment will be owed and payable to you if and when a qualifying Player completes first registration, deposits the minimum required amount and meets the minimum wagering activity requirements, as previously agreed upon in writing with your Affiliate Account Manager.

  • In case of any CPA structures, we reserve the right to verify all of your referred customers activity. Prior to starting any marketing activity under CPA structure, the affiliate must set up the correct trackers and must get approval to use any marketing content. Incentive promotions will be not accepted and we reserve the right to confiscate all commissions generated through a fraudulent marketing activity at our discretion. In the case referred customers will show similar activity patterns (e.g deposited amounts, deposit method used, betting activity, game activity, IP address range etc ) EWaffiliates will cancel the CPA deal immediately and will confiscate any commission generated. CPA and/or Hybrid commission plans are valid only for the customers referred from the registered and approved marketing sources, new customers referred from non registered sources will be deducted from the commission.

  • Please take note of the following with regards to the CPA/Hybrid Payment Plan:

    •                
    • in the event of a chargeback received against or issuance of credit to a qualifying Player, that Player will be discounted for the purpose of the CPA/Hybrid Plan. In addition, any CPA/Hybrid Payment previously made to you in respect of such a Player will be deducted from future payments to you and;

    • A CPA Payment will be owed and payable to you in respect of a qualifying Player upon the first registration in any of our brands and the depositing of the minimum required an amount, as specified in your additional agreement with us. We do not pay for incentive traffic in any form and we do not pay for schemes where a Player is given part of the CPA as an incentive or any roulette playing schemes or casino systems or betting systems where players are advised on how to play to lower the risks or any advice in regards of the financial activity.

    • Our company will not be able to start an investigation about any of EnergyWin.com decision sent towards our team. EWaffiliates must accept EnergyWin.com decisions and in the case of a fraudulent activity EWaffiliates must act based on the commands sent by EnergyWin.com

  • EWaffiliates holds the right to refuse to pay for any Customer and/or traffic that they deem to be abusive as per the terms and conditions of EnergyWin.com.

 

4. CLOSURE OF A MARKET

          This agreement shall be considered no longer valid if EnergyWin.com has to re-enter a market with a different platform / URL extension, and cannot migrate its existing database of customers to the affiliate account.        

5. TERMINATION

             
  • This Agreement may be terminated by either party by giving written notification to the other party. Written notification may be given by an email. The agreement is terminated in the case the Affiliate breaches any of its obligations listed in this agreement.

  • The Contracting Parties hereby agree that on termination of this Agreement:

    •                
    • The Affiliate must remove all references to EnergyWin.com or EWaffiliates from the Affiliate’s marketing sources, irrespective of whether the communications are commercial or otherwise.

    • All rights and licenses granted to the Affiliate under this Agreement 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 other designations vested in the partnership.

    • The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, provided EWaffiliates may withhold the Affiliate’s final payment for a reasonable time (3.10.) to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.

    • If this Agreement is terminated by EWaffiliates on the basis of an Affiliate’s breach, EWaffiliates shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.

    • The Affiliate must return to EWaffiliates any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.

    • The Affiliate will release EWaffiliates 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.

  • EWaffiliates may terminate this agreement if we determine that your site become unsuitable to continue your activity with us.

    •                
    • Any form of traffic that is generated from any medium that is aimed at children, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring EnergyWin.com into disrepute or prejudice the interests of EWaffiliates in any way is considered unsuitable and constitutes a breach of agreement.

6. WARRANTIES

             
  • The Affiliate expressly acknowledges and agrees that the use of the Internet is at its risk and that this Affiliate Program is provided “as is” and “as available” without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.

  • EWaffiliates shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of EnergyWin.com/EWaffiliates website.

  • EWaffiliates does not guarantee any revenues to the Affiliates.

7. INDEMNIFICATION

          The Affiliate agrees to defend, indemnify and hold EWaffiliates and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:        

             
  • Any breach of Affiliate’s representations, warranties or covenants under this Agreement.

  • Affiliate’s use (or misuse) of the marketing materials.

  • All conduct and activities occurring under the Affiliate’s user ID and password.

  • Any defamatory, libellous or illegal material contained within Affiliate Marketing Source or Affiliate’s information and data.

  • Any claim or contention that Affiliate Marketing Source or Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity.

  • Third-party access or use of Affiliate Marketing Source or Affiliate’s information and data.

  • Any claim related to Affiliate Marketing Source.

  • Any violation of this Agreement.

          EWaffiliates reserves the right to participate, at its own expense in the defence of any matter.        

          This Agreement shall be governed by the laws of Curacao and any action relating to this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of its courts.        

          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 the reasonable control of and is not the fault of such party, 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 casualties. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.        

8. SEVERABILITY

          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 will be implied from conduct or failure to enforce any rights and must be in writing to be effective.        

9. CONFIDENTIALITY

          All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information shall be treated confidentially. Such information must not be used for own commercial or other purposes, neither directly or indirectly. This provision shall survive the termination of this agreement.        

10. CHANGES TO THIS AGREEMENT

          EWaffiliates reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on the EWaffiliates website or/and via direct email notice to Affiliates and/or pop-up window within the Affiliate platform.