Privacy & Cookies policies
Privacy and Data protection Policy
The present Privacy and Data Protection Policy (hereinafter, the Policy) describes how FULL MOON TRADING S.L. (hereinafter, FMT or we/us/our) collects and processes the personal data provided by users (hereinafter, the User) both through the use of the platform accessible through the website www.euroaffiliati.com (hereinafter, the Site) and the services that we may offer from time to time through the Site (hereinafter, the Services).
If you have any questions or requirements in relation to the Policy, you can make them through firstname.lastname@example.org.
The processing of personal data is governed by this Policy. All terms written in the Policy shall have the meaning set forth in the Terms and Conditions of Use (which can be consulted at this link )
All personal data provided by you will be processed by FULL MOON TRADING S.L., with address at Calle Ferraz 78 - 3ª planta, 28008, Madrid, Spain, with CIF B87508867 and whose contact email address is email@example.com.
The Data Protection Delegate is in charge of receiving complaints from Users and ensuring compliance with data protection regulations. The User can contact the Delegate through the e-mail firstname.lastname@example.org.
In certain cases, the data provided by the user are mandatory (except when the required field indicates otherwise) to fulfill the purposes indicated. In this sense, if the mentioned data are not declared or are incorrect, it will not be possible to attend the User's requests, without prejudice to the User's free navigation of the Site.
The personal data collected will be processed in accordance with the legal framework in force, the legal basis indicated in paragraph 6 and the Services offered through the Site for the following purposes:
a) To manage the registration of Users and to be able to control the development and fulfillment of the contractual relationship we maintain with you, all in accordance with the Terms and Conditions of Use. Specifically, FMT will process the following types of data and for the purposes detailed below:
|Types of personal data||Purpose of processing|
|Basic information required for registration and provision of the Services (access data, registration information, name, address, date of birth, username and password).||Validation of the user, creation of an account and provision of the Services by FMT.|
|Basic contact information (phone number and e-mail).||Contacting the User both to perform contractual obligations and for advertising, provided that the User consents to receive it.|
|Additional contact information.||Verification of the User's identity and fraud prevention.|
|Payment information (credit or debit card bank details).||Process the payment and fulfillment of contractual obligations.|
b) To provide personalized information, about activities, events, initiatives, news or other relevant services through communications, including commercial ones whether using traditional, digital or other means, such as email, text messages and messages posted on social networks (e.g., WhatsApp, Line, Telegram, Wechat, Messenger, etc.).
c) To respond to queries or requests from Users in relation to any matter on the Site.
d) To comply with applicable law and as required by applicable law, court orders or any other governmental provision. In order for FMT to comply with any applicable obligations, such as those arising from tax and money laundering prevention requirements.
e) For any other purpose that has been indicated at the time of obtaining the personal data or as established by law in relation to the privacy of personal data.
The legal basis for us to process your data is the execution of the Terms and Conditions of Use, so that the processing of your personal data is strictly necessary in order to use the Site and, therefore, to benefit from the services made available to Users.
Similarly, the explicit consent given by the User, which may be revoked at any time without such act affecting the provision of the Services.
Finally, compliance with a legal obligation or legitimate interests of FMT.
FMT retains the personal data of Users as long as they maintain the status of affiliate or registered user of the Site, being the personal data retained after the termination of the contractual relationship for the period necessary to meet the responsibilities that may arise from it. On certain occasions, we will retain personal data for a longer period of time, the same being kept duly blocked, either to comply with our legal obligations or to resolve disputes or conflicts and in the event that we are required to do so by the legislation in force.
Specifically, personal data that are necessary to answer your queries and for the sending of electronic commercial communications will be treated as long as the User does not revoke his consent and, when he does so, for the period necessary to respond to any liabilities that may have arisen. In short, when the personal data are not necessary for the purpose for which they were obtained and as long as there is no definitive revocation of the same, they will be kept in blocked form.
Users' personal data may be communicated, among others, to the following:
• The Public Administration, if required by law for the defense of their rights and legitimate interests.
• Third party providers of technical and computer support services.
• Banks and financial institutions for the management of payments, requests for financial assistance and any other type of service.
The User must guarantee that he/she is over 16 years of age and that the data he/she declares are true, accurate, complete and up to date. The user is solely responsible for the veracity of the data and shall ensure that such data remain updated to reflect the current status.
The user is also responsible for any damage caused directly or indirectly to FMT by the declaration of false or inaccurate information provided through the Site.
Users may exercise the following rights:
• Access to their personal data.
• Withdraw any consent given.
• To revoke at any time the consent previously given to any of the processing of their personal data.
• Rectify their data by modifying them when they are inaccurate.
• Request the deletion of your data when they are no longer necessary for the purposes for which they were required.
• Demand that the processing of your data be limited when any of the conditions provided for in the data protection legislation are met.
• Oppose the processing of your data, except when it is necessary for legal purposes or for the defense of possible claims.
• Request the portability of their data.
Users, if they consider that their personal data have not been processed in accordance with the applicable legislation or that FMT has infringed their rights under the regulations, may file a complaint with the competent authority, the Spanish Data Protection Agency through its website (www.aepd.es).
Notwithstanding the above, Users may communicate via the aforementioned e-mail address to exercise their rights, after identifying themselves with their identity document and specifying the right they are exercising.
The data provided by the Users to FMT will always be treated in a totally confidential manner, maintaining the necessary duty of secrecy, in accordance with the provisions of the applicable legislation. It is clear that we will take all the necessary technical and organizational measures to guarantee the security of the User's data and thus avoid its alteration or any unauthorized treatment.
In order to make the experience of browsing our website satisfactory and respecting the provisions of current legislation, below, we detail our Cookies Policy.
Cookies are text files or storage devices that the browser installs on the User's computer when visiting our Site. They allow us to store and retrieve information related to a User's browsing habits and equipment.
Installing these files on your computer may involve the processing of personal data. If you authorize this installation, you consent to the processing of your personal data. In that sense, the User's consent will be necessary for the use of the same. For more information regarding the treatment of your personal data, you can consult our Privacy and Data Protection Policy
The types of cookies we use are technically necessary and technically not necessary. Within which there are the following:
a) Own Cookies:
These are cookies sent to the User's computer and managed exclusively by FMT for the better functioning of the Site.
b) Third-party cookies
These are cookies sent to the User's computer that are not managed by the Site editor, but are managed by another entity that processes the data obtained.
c) Technical and preference cookies
They are those that allow the User to navigate and use the various options or services found on the Site, which includes the management and operation of the Site by enabling functions and services. Some of these cookies make it possible to identify the User's session, control traffic and data communication, remember elements of a request for information or contact, manage a payment, control fraud linked to the security of the service, count visits for the billing of software licenses with which the service works in case it has a software license, use of security elements while the User navigates or share content through social networks.
d) Advertising Cookies
They are those that allow the management of advertising spaces, as well as to limit the number of times an ad is shown to the User, mute the ads that you decided to stop seeing and measure the effectiveness of the ads.
FMT may install technically necessary cookies that do not require your consent for their installation because they are extremely necessary for the proper functioning of the Site or to meet your requests for preference management of the User interface.
Notwithstanding the foregoing, FMT and/or certain third parties may install cookies that do require your consent for installation.
It is also important to note that the User may disable, reject and delete cookies either totally or partially from their equipment by configuring their browser settings.
Please consult the instructions and manuals of your browser for more information:
• If you use Google Chrome, click here: https://support.google.com/accounts/answer/61416
• If you use Mozilla Firefox, click here: https://support.mozilla.org/es/kb/Deshabilitar%20cookies%20de%20terceros
• If you use Microsoft Edge, click here: https://support.microsoft.com/es-es/microsoft-edge/eliminar-las-cookies-en-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09
• If you use Apple, click here: https://support.apple.com/es-es/HT201265
Terms & Conditions
Full Moon Trading S.L. is a company incorporated under Spanish law with registered office in Madrid, via Ferraz 78 - 3ª Planta, registered in the Companies Register under number B87508867, owner of the Brand named "EuroAffiliati", hereinafter referred to as "FMT". The Affiliate is the person or company that promotes the products or services by new users of the channels promoted by the Operatos connected to FMT and who will make use of the FMT platform, hereinafter referred to as the“AFFILIATE”. The parties to this Contract acknowledge that each has sufficient legal capacity to execute this document. These Terms and Conditions of Use and the related Privacy and Cookies Policies constitute a legally binding contract between the AFFILIATE and FMT, hereinafter referred as the “Contract”.
FMT is a company which offers business support services and deals with the selection, management, monitoring and control of information services, as defined below. FMT is a specialised operator in the affiliation market and has gained consolidated experience in managing networks of agents and affiliates. FMT has designed and developed an online affiliation network available at www.euroaffiliati.com. FMT provides advanced marketing services through its affiliate platform. FMT offers Affiliate Access to marketing campaigns configured by Operators connected to the Affiliate Access platform. FMT also offers its affiliates advice, support and payment of commissions resulting from the promotion of the Operators' advertising campaigns, through the various tools made available by the Affiliate Access platform such as banners, tracking links, landing pages and anything else that will be considered useful in order to optimise the marketing campaigns. This Contract shall be effective from the moment that FMT through the Affiliate Access platform or through any tool, at its sole discretion deemed appropriate, approves the registration of the company or individual who has filled in the appropriate application form and shall remain in force until its termination. The Affiliate is a legal entity or natural person specialising in the Online Marketing sector and providing Affiliation information services for the products and services of the various competitors present on the reference market and, in this context, intends to integrate the information content of various Operators on its marketing sources, as defined below. The signing of this Contract totally excludes any relationship between companies, associations, agencies, business acquisitions or co-responsibilitỳ, so that none of the Parties can ever be held responsible for the obligations or torts of the other. This Contract will come into force and will be deemed to be finalised at the moment of its signature or, if previous, at the moment in which the Affiliate activates the Affiliate's Affiliation services through its marketing sources integrated with the information regarding the Operators provided by FMT and in compliance with the conditions and policies provided by the latter, which are an integral part of this Contract. The Affiliate also retains sole responsibility for ensuring that it has the legal right to promote the Operators through links/banners or other marketing tools. The parties intend with this Contract to define the terms and conditions that will govern the above services. This Contract is written in English and the English text is the only one that will be authentic, even if, for the Parties' convenience, some of the terms or annexed, as they have purely technical-commercial contents, may be totally or partially written in foreign languages. ALL THIS BEING SAID, THE FOLLOWING IS AGREED AND STIPULATED BETWEEN THE PARTIES: The foreword and annexes form an integral and substantial part of this Contract.
The purpose of this Contract is to outline the terms and conditions of use of the Affiliate Access platform and the contractual relationship between FMT and the AFFILIATE, as well as to establish the guidelines for commissions and payment conditions. Furthermore, the obligations and responsibilities of both parties are included throughout the content of the contract. Therefore, it is the intention of the parties that everything set forth therein is binding, including the Annexes, in which the specific obligations according to the country of location are indicated.
For the purposes of this Contract, in addition to the terms otherwise defined in any other part of this Contract, the terms listed below shall have the following meanings:
• “AFFILIATE”: Company or Person, registered on Affiliate Access platform and validated by FMT, which publishes the Operators' marketing campaigns and/or promotes the use by new Users of the web channels promoted by the Operators connected to FMT, in full compliance with the law, and for this activity receives commissions calculated in the manner provided for in relevant commission plan.
• “ACTIVE AFFILIATE”: An Affiliate who, through his or her activity, acquires at least 3 new users for the Operators' web channels in the last 3 months, and who in the same period of time (3 months) has had at least 3 unique active users per month.
• “AFFILIATE INACTIVE”: An Affiliate who has not been able to acquire at least 3 users in the last 3 months or who has not had at least 3 unique active users per month in the same period of time.
• "BANNER": Graphic or text images provided by FMT or the Operators. These images may be used on the Affiliate's online marketing sources to allow visitors to the Channel itself to gather more information about the Operators' products by consulting the Operators' website or other communication channels chosen by the Operators;
• "DEPOSIT BASELINE OR MINIMUM DEPOSIT": the minimum amount of the deposit made by the new user, necessary to trigger the commission validation to the Affiliate.
• "BRAND": logos, trademarks (in the sense of trademark and brand name) and domains.
• "COMMISSION": identifies the pay-out assigned to the Affiliate and agreed with FMT.
• "MARKETING SOURCES": indicates each of the communication channels, both online and offline, through and/or at which the Affiliate carries out its Service in compliance with the laws and the regulations in force from time to time and also complies with the Policies. It is understood that the marketing sources must be specifically and expressly approved by FMT in writing before they can be used for the Service;
• "CPA": acronym for Cost per Acquisition, i.e., the amount recognised by FMT to the Affiliate, for each new User that complies with the marketing sources defined in this Contract;
• "CHARGEBACK": unsuccessful credit card transaction with a credit card company following non-payment or fraudulent use of credit cards by users or any other payment action by the user that is revoked and for which a credit has been granted.
• "COOKIE": text files (letters and/or numbers) that allow the web server to store information on the user (the User's Internet browser) to be reused while visiting the website (session cookies) or afterwards, even after days (persistent cookies). Cookies are stored, according to the User's preferences, by the individual browser on the specific device used (computer, tablet, smartphone).
• "ADMINISTRATIVE RIGHTS": third party commissions, including the processing of payments for verification and validation of the end user, the software copyright.
• "INTELLECTUAL PROPERTY RIGHTS": current and future design rights, patents, trademarks, service marks, trade names and business names (including domain names), registered designs, moral rights, copyrights (including software rights), format and topography rights (whether registered or not, including registration applications), database rights, trade secrets, know-how and confidentiality rights.
• "FRAUD": means any behaviour by the User aimed at obtaining an unfair advantage in violation of the law, Policy, rules or Operators' regulations. It also indicates any behaviour of the Affiliate aimed at obtaining an unfair advantage, including economic advantage, in violation of this Contract, the Privacy and Cookies Policies and the law applicable from time to time. In particular it refers, by way of example but not limited to: revenues or traffic on services generated by unlawful means or resulting from any other conduct in bad faith intended to defraud FMT or the Operators with whom it collaborates (as established by the same and at its sole discretion), causing or not causing damage to FMT including, by way of example but not limited to: cookie dropping, incentivised activities, forced clicks, acquisition of Users and/or data by unlawful means or similar actions, unauthorised use of personal data and/or copyrights, third party accounts, trademarks, or intellectual property rights of third parties (including those of FMT ), creation of false accounts in order to generate Commissions, collusion, deposits on stolen credit cards, any activity falling under the so-called Fraud Traffic, as well as collusion, so-called bonus fraud or any other misuse of promotional material, manipulation of services or system.
• "GROUP": FMT and all Group companies, including any holding subsidiaries and affiliates of the holding company.
• "HYBRID": sum composed at the same time of CPA and Revenue-share.
• "INFORMATION": information related to Operators subject to the Service;
• "TRACKING AND/OR TRACKING LINK": unique hypertext link assigned to the Affiliate, used to trace the origin of the new Accounts. "Marketing Materials": means Banners and Text Links as well as any other marketing material provided or made available to the Affiliate by FMT and/or pre-approved by the same.
• "MY ACCOUNT": area of the online affiliate software owned by FMT which are accessible to the Affiliate and which, only to certain members, offers functionality, including the possibility to check the most important statistics, to update their profile, to create additional Tracker IDs and bonus codes, to select Banners and/or Text Links.
• “OPERATOR”: A company that has established a commercial relationship with FMT through the promotional activity of the EuroAffiliati network.
• "MINIMUM PAYOUT": minimum amount payable to the Affiliate for the monthly recognition of accumulated Consideration.
• “PLATFORM”: FMT software, available online, which manages the connection between the Operators and the Affiliates as well as providing other tools functional to the affiliation activity described below.
• "POLICY": the instructions and operational guidelines drawn up and defined by FMT to which the Affiliate must comply in the performance of the Service. It is understood that the Policies may be amended at any time at the total discretion of FMT, including, but not limited to, for reasons of compliance with the regulations in force from time to time, with market best practices or for reasons of organisational or process convenience. The updated Policy shall be deemed to be in force after 3 days from the date at the bottom of the Policy or, if later, from the date on which it is sent (including by e-mail) to the Affiliate, who is obliged within the same period to change everything necessary on its marketing sources in order to comply with the changes.
• "OPERATOR'S PRODUCT": means each of the services offered to the public through the Operators' channels.
• "REVENUE-SHARE": a variable sum, equal to a percentage of the Net Revenues generated by the Accounts that complies with the marketing source requirements indicated in this Contract.
• "NET REVENUES": revenues generated for Operators by a User net of taxes and costs. "Spam": e-mail or other electronic communication transmitted by the Affiliate who markets, promotes or recalls FMT, the Affiliati Site or the Services promoted by the Operators which contains the Marketing Materials, Brands or Trackers of FMT or the Operators and which violates the rules of electronic marketing established by law in general, the Guidelines and the rules defined by the contractual relationship with FMT.
• "USER": means the holder of an Account;
• "ACCOUNT": an account opened by a User with an Operator as a result of free consultation by the Member of the Affiliate Services and without any solicitation to gambling or investing.
• "UNTRACKED USER": person who has opened an Account with an Operator and who is not however traced through Tracking Link and/or Cookies and/or any other tracking method however named and previously described.
• "DEPOSITANT USER": User who made at least one first time deposit with actual/real money has been made.
3.1 Within the framework of this Contract, the Affiliate provides FMT with marketing services as an independent contractor. Neither party to this Contract is an agent, representative or Partner of the other party. The Affiliate will have no right, power or authority to enter into agreements for or on behalf of FMT, nor will it be able to assume any obligation or responsibility on its behalf, nor will it be able to bind FMT in any way. This Contract shall not be construed as a contract of employment, association, agency, joint venture or partnership between FMT and the Affiliate and it follows that it shall not be interpreted in such a way as to attribute any liability to the Parties arising from the aforementioned relationships.
3.2 The Affiliate's right to market and promote FMT channels, its brands, subsidiaries, Operators, on the Affiliate's marketing source is subject to the obligations, limitations and restrictions set out in this Contract. The purpose of the Contract is to provide space for information content on the Affiliate's marketing sources or to facilitate subscription to FMT or the Operators' channels by means of unique reference codes, offered by FMT or the Operators. Subscription to channels owned by FMT or the Operators may be facilitated by the Affiliate online. This Contract governs the entire online affiliate programme
3.3 The Affiliate agrees to be solely responsible for the development, operation and maintenance of its Internet channels. The Affiliate warrants that at no time will there be any material on the Affiliate's marketing sources that causes or could cause the Affiliate's marketing sources to be confused with those of FMT.
3.4 FMT and Operators' channels will be advertised and promoted on the Affiliate's marketing sources, which only promote Operators who have been granted a licence in the relevant jurisdiction. Therefore, FMT hereby refuses the Affiliate's request in cases where the Affiliate promotes unlicensed products or services. In the event that these obligations will not be fulfilled during the entire period of the commercial relationship, the commissions will not be paid, and the Affiliate agrees from now on to return as a penalty all the commissions received during the entire contractual period.
3.5 In the event of a conflict between this Contract and other additional terms, the relationship between FMT and the Affiliate will be governed by this Contract, which replaces and prevails over any other verbal or written agreement previously entered into with FMT
3.6 The Parties acknowledge that the subject matter of the Contract is subject to any sudden changes in national and international regulations due to rapid technological development and the inherent problems of the subject matter, and agree that, should these changes in any way interfere with the Contract, the Contract may be amended in order to comply with the new provisions or the new policy of FMT at any time, at the sole discretion of FMT, (i) by notifying the Affiliate by e-mail or (ii) by publishing the new version of the Contract on FMT Website. The amendments to the Contract shall take effect on the seventh (7) day from the date of publication of the new Contract or transmission of the notice (whichever is earlier). In the event of an amendment that is unacceptable to the Affiliate, the latter shall have the sole right to terminate this Contract. The affiliate's participation in the affiliate network following the aforementioned period of seven (7) days shall be deemed to be a binding acceptance of the amendment. The Affiliate hereby consents to the possible unilateral termination, amendment or transfer of this Contract by FMT at any time.
3.7 FMT reserves the right to reject the Affiliate's application or to terminate this Contract with immediate effect if, in its sole discretion, it considers that the marketing methods used by the Affiliate (including web channels, emails, applications, and as indicated in the application) are not suitable for any reason. The Affiliate is allowed to publish the Information only on the marketing sources previously authorised in writing by FMT, also via e-mail, and approved by the latter, provided that sufficient information is provided to correctly, unambiguously and unequivocally identify the marketing sources and at least report the type of activity carried out for each marketing source ́ as well as the names of all the other competitors of the Operator whose information is presented on each marketing source: -do not contain games that do not comply with the competent authority provisions; -do not contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, nude images, pornography or sexually explicit materials; - do not contain viruses, Trojan horses, worms, or any other type of computer virus that may or may damage, interfere with, intercept or expropriate any system, data or personal information; - do not promote violence, discrimination based on race, religion, nation, sexual orientation, age or physical condition; - do not promote and market illegal products and services or file sharing; - are not cashback channels, rake back channels; - do not contain software or use technology that attempts to intercept, divert or redirect Internet traffic to and from any other website; - do not contain information or messages that are in conflict with the Law or the Policies or otherwise not lawful under the applicable law from time to time by way of example but not limited to the presence of content on the Affiliate's marketing sources deemed by FMT to be illegal, In the same way, FMT may reject the Affiliate's request or terminate this Contract if, in its sole discretion, it considers that the Affiliate's marketing sources are designed to attract underage audiences.
3.8 FMT's obligations towards the Affiliate will be fulfilled by the relevant Group entity for the territory for which the Affiliate is offering marketing services.
3.9 Neither the Affiliate nor any other person on its behalf or who has been authorised by it, explicitly or implicitly, may market or promote FMT channels to residents of prohibited jurisdictions.
3.10 In carrying out marketing and promotional activities under this Contract, the Affiliate is obliged to respect the jurisdictional restrictions that apply to FMT and Operators' channels.
3.11 The PARTIES confirm the truthfulness and essentiality, also for the interpretation of this Contract, of what stated in the Preambles.
3.12 This Contract supersedes all prior agreements between the Parties contained in any oral or written agreements relating to the performance of this Contract.
3.13 If one or more clauses of this Contract are affected by nullity or if they are rendered inapplicable by the effect of the law or by a decision imposed on the PARTIES, this shall not have the effect of causing the nullity of the whole of this Contract, nor of altering the validity and obligatory nature of the whole of the other clauses. The PARTIES will agree to make the necessary amendments to this Contract so that it can have an effect as close as possible to the PARTIES' initial will.
3.14 This Contract may be registered in case of use, by and at the expense of the concerned PARTY. The registration will be made in a fixed amount, according to the provisions in force.
4.1 The Affiliate shall be the only responsible for the technical functioning of the marketing sources he / she owns, the accuracy and suitability of the materials published therein.
4.2 The Affiliate shall promote his / her marketing sources and direct potential users to them. The Affiliate shall be solely responsible for the content and choice of marketing methods. Such marketing activities shall be carried out in a professional manner and shall also be appropriate and legitimate under applicable law and regulations and shall comply with the terms of this Contract. Neither the Affiliate nor any third party authorised, assisted or encouraged by the Affiliate may do so:
4.2.1. to persons under the age of 18 or depending the jurisdiction.
4.2.2. promote his / her marketing sources in such a way as to create competition between the Affiliate and FMT, unless FMT has given its written approval to the contrary (i) on the channels on which FMT already promotes the operators, (ii) using marketing techniques based on pay per click and/or Search Engine Optimization (SEO) in order to target associated Brands or keywords or other keywords so similar as to be confused with the Brands, (iii) in any other way that makes the Affiliate a competitor of FMT in the promotion of the channels, or (iv) when FMT requires termination;
4.2.3. violating the rules of electronic marketing;
4.2.4. uploading Marketing Material on an online site or other means whose content and/or material: plagiarizes or recalls the Site in whole or in part, violates or contributes to the violation of the intellectual property rights of third parties, reproduces for adaptation a page of the Site in whole or in part, or discredits FMT or the Operators or otherwise damages the so-called goodwill or reputation of the same. Failure to remove content in violation of the aforementioned rights from the Affiliate's site constitutes a serious and irreparable breach of this Contract and FMT reserves the right to suspend payments and interrupt the Affiliate's Trackers and to terminate this Contract in its entirety and without notice with immediate effect. FMT also reserves the right to take action to obtain compensation for the damage caused by such breaches in the places it deems appropriate.
4.2.5. register as a User on behalf of a third party or authorise or assist (subject to the promotion of the Website and Services in accordance with this Contract) another person to register as a User with the channels owned by FMT or the Operators;
4.2.6. take actions that could confuse the End User about the relationship between the Affiliate and third parties or about the ownership or management of the service and the Website on which functions and operations are carried out.
4.2.7. If FMT or the Operators, at their sole discretion, establish that the Affiliate has carried out one of the above activities, FMT may withhold Commissions and terminate this Contract with immediate effect by giving notice to the Affiliate who agrees from now on, in the event of failure to fulfil its obligations under this Contract, to pay FMT a compensation penalty pursuant to the law without prejudice to the greater damages resulting from non-fulfilment, in full an amount equal to all commissions received by FMT or the Operators since the beginning of this Contract.
4.3 The Affiliate is obliged to use only the Marketing Materials provided by FMT. The Affiliate is not permitted to modify the Promotional Materials received, including tracking links, without written permission. Failure to use correct information in this respect will prevent FMT from tracking the Affiliate's Users.
4.4 Commercial use only. The marketing opportunity referred to in this Contract is for commercial purposes only. The Affiliate may not register as a User, (directly or indirectly) through its Track Link with friends, advisors, agents, relatives or employees, or attempt to artificially increase the Commission due, nor may it defraud the Operators or FMT. Violation of the above provision constitutes Fraud Traffic.
4.5 Trademarks and domain names. The Affiliate acknowledges that FMT and/or the Group and/or the Operator holds all intellectual property rights to the Marketing Materials, Services, Website and Brands. It is not permitted and may constitute Fraud Traffic the use of any Trademark, Domain Name or Trade Name that contains, is confusing with or includes FMT Brands (except for use in accordance with the terms of this Contract) without the prior written consent of FMT. By way of example only, the Affiliate may not register a domain name that includes FMT Brands or brands so similar as to be confused with FMT Brands. The Affiliate agrees that the use of FMT Brands, including domain names that include the Brands or brands so similar as to be confused with the Brands, will be for the exclusive benefit of FMT and that such use will not give him/her any rights over the Brands. The Affiliate will not register or attempt to register any Trademarks or names that contain, are so similar as to be confused with or include FMT or Operator Brands. The Affiliate agrees to transfer to FMT and at its request the application for registration of domain names or trademarks or registrations relating to Brands or brands so similar as to be confused with the Brands it owns or controls. The Affiliate also agrees not to contest in any way the ownership of the Brands and the rights to FMT Brands.
4.6 Persons not employed by the Group. In cases where the Affiliate is a consultant, official, employee, director or agent of FMT or of the Group, or of the Operator, or suppliers or sellers of FMT, the Affiliate is not permitted to participate in FMT affiliation programme or to use, directly or indirectly, marketing sources, except in cases where there is an employment relationship as an employee of the Group. Similarly, relatives of FMT or Group employees are also not permitted to participate in FMT affiliation programme or use the channels, either directly or indirectly. For this purpose, a "relative" is defined as (non-exclusively) a parent, spouse, brother or sister, child or partner.
4.7 Good practice. The Affiliate agrees to promote FMT channels in a manner consistent with good business conduct and which does not adversely affect the name, image or reputation of FMT, the Group and the Brands.
4.8 Excluded territories. The Affiliate will not market or promote the marketing sources within the Excluded Territories or to the residents of these territories, will not be affected by traffic from the Excluded Territories, will not allow, contribute to or encourage the circumvention of the restrictions put in place by FMT and/or any Site concerning the Excluded Territories. The Excluded Territories include the territories set out in the list below, which may be amended from time to time by FMT, which will notify the Affiliate: United States and its territories, Afghanistan, Antigua and Barbuda, Cuba, Cyprus, Estonia, China, Hong Kong, Iran, Iraq, Israel, Libya, Macao, Netherlands Antilles, Republic of Serbia, Sudan, Syria, Philippines, Turkey, Guadeloupe, Martinique, French Polynesia, meeting, Romania, New Caledonia, French Guiana, Costa Rica, Dominican Republic, Ecuador, El Salvador, Georgia, Lithuania, Moldova, Pakistan, Panama and Peru.
4.9 The Affiliate agrees to ensure that all marketing, advertising and promotional activities aimed at potential Users in regulated markets bear the indications required by applicable laws and regulations. The Affiliate agrees to act in full transparency, honesty and loyalty, both towards EuroAffiliati and connected Operators, avoiding any action that may be considered fraudulent. The Affiliate also agrees not to take any action that is in any way contrary to the economic interests of FMT Within the framework of this Contract, the Affiliate provides FMT with marketing services as an independent contractor and agrees to implement and monitor permanently, and in the manner agreed upon, the links provided by the EuroAffiliati platform on the agreed pages of its web channels. The promotional material provided as well as the links of the Linked Operators shall be used only for channels authorised by FMT. Should this provision be breached, the Affiliate will be immediately suspended with consequent contractual termination.
4.10 The Affiliate agrees to ensure that all marketing, advertising and promotional activities aimed at potential Users registered the logos and inscriptions referred to in this point, as indicated below:
4.10.1 the two logos of the Supervisory Authority.
4.10.2 "18 +" and/or the equivalent wording depending the jurisdiction and any other logo indicated below.
4.11 Advertising self-discipline. When the Affiliate publishes on one of its channels, material to advertise FMT channels: (i) likely to come to the attention of persons, it shall ensure that the advertisement published is generally socially responsible. FMT shall be entitled to terminate these terms upon written notice and without liability to the Affiliate if it considers, in its reasonable opinion, that the Affiliate has not fulfilled its obligations under this clause.
4.12 The Affiliate shall only provide true and accurate information on its identity when filling in the Affiliate application form and shall keep this information up to date at all times and make any necessary changes in the event of partial or total changes.
4.13 Within 48 (forty-eight) hours after registration, the Affiliate shall send the User a valid identification document such as identity card, passport or driving licence by e-mail.
4.14 The Affiliate declares to use only and exclusively the Information Content provided by FMT and the Operators, which may be published together with sentences, images or other elements previously approved by FMT and the Operators.
4.15 The Affiliate, at the time of registration, will be required to provide a detailed list of the marketing sources owned or managed by him/her. The Affiliate is also obliged to update this list periodically, whenever there are any changes.
4.16 In the activity referred to in this Contract, the Affiliate shall refrain from independently encouraging registration or deposit and from proposing any other type of commercial promotion.
4.17 The Affiliate agrees to make its performance on the marketing sources owned or managed by him / her, with the exclusion of any site whose content is considered unlawful under the law, the Affiliate declares and guarantees that the content published on the site under its domain does not violate any law or other applicable regulations, nor any intellectual or industrial property rights of third parties or any other rights of third parties and also that they are truthful, not misleading, up to date and of a high level and free by way of example and not exhaustive of any spam, malware, dialers or viruses.
4.18 The Affiliate may not transmit any commercial communication concerning advertising messages containing call to action (e.g.: invitation to participate in a specific promotion or to register on a specific platform), or mandatory terms (e.g.: deposit now and do not miss the opportunity!). The only communications allowed are those containing information, at the express request of the Users.
4.19 Without prejudice to the foregoing paragraph, should the Affiliate violate one or more of the prohibitions provided in the law, the User may consider this Contract to be terminated for reasons attributable to the Affiliate. In this respect, the Affiliate guarantees the fullest indemnity to FMT and the Operators for any sanctions and consequences of any kind that the latter may incur, including the reimbursement of any legal costs incurred by FMT and the Operators and their representatives as a result of violation of the legislation.
4.20 Any malicious, faulty and/or illegal behaviour by the Affiliate shall be directly attributable to the Affiliate, in which case the other party shall have no civil, criminal or administrative liability in respect thereof.
4.21 The Affiliate agrees to comply with all laws and regulations, both EU and national or local, in force in the territory and related or in any case connected to the implementation of this Contract. The Affiliate also agrees to respect the contractual conditions and indications of FMT, guaranteeing its execution in a workmanlike manner and according to the highest levels of quality.
4.22 The Affiliate agrees to indemnify and hold FMT harmless from any responsibility for any damage suffered by third parties that may be indemnified according to the legislation, provided that such damage is not attributable to proven and strict compliance with the instructions provided by FMT.
4.23 The Affiliate shall be exclusively responsible for any activity carried out for the purpose of, implementing or in connection with the execution of this Contract. In particular, the Affiliate shall be exclusively responsible for any damage to persons and/or property, whether personal, user or third party, that may be caused by the Affiliate or its employees, auxiliaries or collaborators.
4.24 The Affiliate shall indemnify and hold FMT harmless from any prejudice, cost, damage or expense of any kind (including legal commissions) that may arise from the inaccuracy or non-respect of what is declared and guaranteed by the Affiliate in this Contract or in implementation thereof.
4.25 Should FMT be held liable, even jointly and severally, for damage to persons or property of third parties due to fact or omission resulting from the actions or negligence of the Affiliate or its employees, auxiliaries or collaborators, FMT shall automatically have a right of recourse against the Affiliate.
4.26 Without prejudice to the mandatory provisions of the law, FMT guarantees the regularity of the execution of this Contract, but remains exempt from any and all contractual and/or non-contractual liability for direct and/or indirect damage (both in terms of emerging damage and loss of profit) suffered by the Affiliates, users and/or third parties as a result of changes in legislation or economic market conditions or any fact connected with the will of the Operators, the Legislator or third parties, except in the case of events attributable to FMT or its collaborators due to intent or gross negligence. In particular, FMT shall not be held responsible for any inconvenience that may arise due to the lack of functionality of platforms, tracking links and reports and shall not be held liable for any compensation.
5.1 FMT will track Users and report their activity in order to calculate the Affiliate's commission according to the chosen payment plan. The form, content and frequency of the reports may vary from time to time at the discretion of FMT. As a general rule, the Affiliate will receive a monthly report, together with the payment, showing the number of new users who have registered in the reference month for each Tracker and/or the total amount due to the Affiliate net of any deductions or compensations that FMT is entitled to make under this Contract.
5.2 The Affiliate will have access to user reports The Affiliate acknowledges and accepts that potential users will have to log in using the unique Tracker link for registration in order to receive the Commission. No responsibility can be attributed to FMT for the Affiliate's failure to use the Trackers or for the user entering invalid registration bonus codes. It is the sole responsibility of the Affiliate to ensure that tracking links are entered using the correct syntax.
6.1 The Affiliate agrees to provide the required fiscal documentation (Invoice or Receipt) in the terms and conditions communicated by FMT. In the event of non-fulfilment or delay in fulfilment, or if the required documentation is not sent to FMT or is not suitable under the legislation in force from time to time, FMT reserves the right to delay and withhold payments. Otherwise, the Affiliate consents that, if the invoice is not provided within 5 days, FMT will generate the invoice for immediate payment.
6.2 The Parties agree that for the purposes of determining the Commission, the data contained in the report assigned to the Affiliate shall be used as evidence, except for any corrections communicated by FMT to the Affiliate by e-mail to the e-mail address indicated by the Affiliate.
6.3 The activity carried out by individuals can be ascribed to self-employed activities; therefore, FMT will retain a percent as a down payment, as provided for the correspondent legislation. The Affiliate is aware that the activity is considered occasional for amounts up to €. 5,000.00 gross per year.
6.4 Payment methods and times may be subject to variations at FMT's unquestionable discretion.
6.5 FMT may, at its sole discretion and with immediate effect, modify the criteria for determining the Commission as well as the Commission itself, upon written communication to the Affiliate by e-mail to the e-mail address indicated by the Affiliate.
6.6 FMT reserves the right to withhold amounts due and payable under this Contract if it believes that Fraud has occurred even if the Affiliate is not aware of it. Furthermore, FMT considers itself authorised to withhold from future payments the amounts already paid and which, subsequently, have been deemed to come from Fraudulent activities (by way of example and not exhaustively: Accounts open to uninformed or consenting persons, Accounts open exclusively by giving money to players, Accounts in which an activity is carried out with the sole purpose of activating the commission without respecting the natural actions of the account holder, accounts moved by persons who do not own the account, violations of the game rules by Users). FMT is authorised to withhold amounts if the Affiliate carries out Rake-Back or financially incentivised traffic. Illegal behaviour will not be tolerated, in particular that of those who steal or copy the content of other channels (site scraping) and in such cases FMT reserves the right to terminate this Contract immediately, by simple communication via e-mail from the Affiliate. This is without prejudice to the right to compensation for damages, for whatever reason, caused to any natural or legal person and, in particular, to FMT and Operators.
6.7 If the Operator informs FMT that it has suspended the remuneration of the Affiliate's activities, FMT has the right to suspend past and future payments due to the Affiliate until the Operator has communicated the release and/or revocation of the suspension.
6.8 The Affiliate acknowledges and accepts that no amount will be paid by way of Consideration or for any other reason, if deriving from Chargeback, Fraud or incorrect or illegitimate behaviour by the new Accounts - including collusion, chip dumping, bonus abuse, violation of anti-money laundering regulations or other applicable laws, false identity, theft of credentials, false, misleading or unauthorized statements, use of stolen credit or debit cards. FMT is therefore authorized to retain from future payments the amounts already paid and not due to the Affiliate.
6.9 The Affiliate agrees to fully indemnify and hold FMT harmless from any and all losses, claims, damages, damages, costs, expenses (including consequential losses and loss of profit, reasonable costs and legal commissions, plus VAT where applicable) and liabilities incurred or incurred, directly or indirectly, by FMT as a result of any breach by the Affiliate of its obligations under this Contract and under applicable law from time to time, including the Policies.
6.10 It is understood that, should FMT or the Operator unequivocally find that the Affiliate is guilty of malicious, Fraudulent or otherwise contrary to good faith in the performance of the Contract by the Affiliate, FMT may at its sole discretion require the Affiliate to pay, as a penalty, a sum corresponding to 100% of the total amount of the amounts previously paid and withheld and/or suspended pursuant to paragraphs 3 above. 6, 3.7 and 3.8, as well as the payment of an amount equal to the amount of any administrative sanctions that may be imposed, directly or indirectly, on FMT as a result of any violations that are directly or indirectly attributable to the Affiliate (including, merely by way of example, the contents and format of the marketing sources) and compensation for any further damage, including reputational damage, that may be suffered directly or indirectly by FMT.
6.11 The Affiliate acknowledges that the Revenue-share due is calculated as a percentage of the net margin produced in the calendar month by the total of the new Accounts. The net margin is calculated by deducting taxes, bonuses and platform costs.
6.12 Commission payments will be made directly to the Affiliate's payment account, indicated taking care to report all data as required by the Affiliation application process. It is the Affiliate's responsibility to ensure that the data provided is accurate and complete and FMT will have no obligation to verify the accuracy and completeness of such information. In cases where incorrect or incomplete data has been provided to FMT or the Affiliate has been unable to update the data and, as a result, the Commission has ended up in an incorrect payment account, FMT will no longer be liable to the Affiliate for the Commission ended up in another payment account. Notwithstanding the foregoing, if FMT is unable to transfer the Commission to the Affiliate, the Affiliate reserves the right to deduct a sum of money from the Affiliate's Commission to cover the costs of the necessary investigations and additional work due to incorrect or incomplete information provided by the Affiliate.
6.13 FMT reserves the right at any time to request the Affiliate's documentation in order to verify the Affiliate's identity and to verify correspondence with the beneficiary payment account. FMT is not obliged to make payments until the verification has been satisfactorily completed. If FMT considers, in its sole discretion, that the documentation provided has not been duly verified, it shall be entitled to terminate this Contract with immediate effect and the Affiliate shall not be entitled to receive the Commissions accrued up to that time or subsequently.
6.14 FMT reserves the right to take action against the Affiliate or its Users who attempt to manipulate the terms of FMT. Should FMT, at its sole discretion, consider such conduct to exist, it may withhold and retain the payments of the Commission accrued to the Affiliate up to that moment and afterwards and may also terminate this Contract with immediate effect.
6.16 Extension of payments for Fraud Traffic. In the event that FMT, in its sole discretion, suspects Fraud Traffic activities, as referred to in paragraph 2.8, FMT may delay the payment of the Affiliate's Revenue Share Commission for up to a maximum of one hundred and eighty (180) days, while investigating and verifying suspicious transactions. FMT is not obliged to pay any Commissions for users whose alleged identity, in its sole discretion, cannot be verified or who are involved in Fraud Traffic's activities, regardless of whether or not damage is caused to FMT.
6.17 Methods of payment. Payment of the amounts due to the Affiliate will be in Euros, regardless of the currency in which the Players assigned to the Affiliate's Tracker may have played. Payment will be made exclusively by bank transfer or any other method established by FMT at its sole discretion; in any case, FMT agrees as far as reasonably possible to grant the Affiliate the payment method of its preference. The costs of the transfer transaction shall be borne by the Affiliate and shall be deducted by the Commission due to the Affiliate. By way of further clarification, FMT accepts no liability with respect to the payment of any currency conversion commission or money transfer commissions to the Affiliate's account.
6.18 Calculation of the Commissions. Without prejudice to the Affiliate's obligation to comply with this Contract, FMT will pay the Affiliate a Commission in accordance with the Payment Plan.
6.19 Incontestability of the Commissions. The Affiliate agrees that the bills with respect to the calculation and payment of the Commission are final and will not be subject to review or appeal, except in the event of a manifest error.
6.20 Each item of the Commission may be calculated with a negative value. In any case, if the resulting amount is negative, the Commission for the reference calendar month shall be zero and FMT shall not be obliged to pay any payment to the Affiliate. If so, arranged with the Operators, these negative figures may be carried forward in the following calendar months until the negative balance has been fully offset.
6.21 The Commission shall be calculated independently and separately per Operator without compensation or rollover between the Operators.
6.22 When the Commission per Operator payable to the Affiliate in a given calendar month is less than EUR 100 ("Minimum Amount"), FMT shall not be required to make the payment until the Commission is equal to or greater than the Minimum Amount.
6.23 FMT reserves the right to reduce the Commission to 10% of the Net Revenue if the Affiliate does not have a user who qualifies as an active user for two (2) consecutive calendar months.
6.24 By way of further clarification, FMT will in no way be obliged to pay any Commissions under a Commission Scheme in the case of users blocked or suspended by the Operators or FMT for any reason whatsoever (including for fraud or failure to validate the Member's account). In any event, FMT may deduct from Gross Revenue any or all expenses or charges attributable to blocked or suspended users.
6.25 Disputes. If the Affiliate contests the monthly statements or the amount due, then he or she will not have to accept payment of the amount due and will have to immediately submit his or her contestation in writing to FMT. Complaints must be received within ten (10) days of the date of transmission of the monthly report by FMT; otherwise, it is understood that the Affiliate has waived the right to complain about the report or payment and the Affiliate will not be able to make any claims in this respect. Furthermore, the Affiliate's acceptance of the transfer or other payment by FMT will be considered as the balance of the Commissions due for the month indicated. Notwithstanding the above, in the event of a surplus in the calculation of the Commission, FMT reserves the right to correct this calculation at any time and to claim from the Affiliate any surplus paid.
6.26 Money Laundering. The Affiliate is obliged to comply with all applicable legal provisions as well as the policies communicated to it by FMT via the Website or otherwise on money laundering and/or the proceeds of crime.
6.27 Taxation. The Affiliate is responsible for compliance with the rules, if any, on the registration and payment of income tax and similar taxes as set out in this Contract and the collection and payment of income tax and social security contributions of staff, if any. Where value added tax (VAT) or any other sales or turnover tax is payable, the Affiliate shall be responsible for compliance with the rules, if any, on the registration of tax and the collection and payment of tax in the country where the services are provided.
7.1 FMT will provide the Affiliate, via e-mail or through the platform, with the Information and materials, e.g., text links and/or tracers, and other information materials (hereinafter the "Approved Materials"). These materials are and will remain the exclusive property of the Operators.
7.2 the Approved Materials, made available to the Affiliate by FMT, shall not be modified or altered in any way without the prior written consent of FMT. To this end, the Affiliate agrees, also due to the fact of the third party not to modify or alter the Permitted Materials in any way and not to make use of other materials or information without the prior written consent by e-mail, of FMT.
7.3 The Affiliate shall be liable for any economic, image or other damages linked to the incorrect use of the Information, also pursuant to the previous Paragraphs 3.9 and 3.10.
7.4 All Approved Materials and Information must be kept updated by the Affiliate in compliance with FMT requests.
7.5 The Affiliate must place the Approved Materials only on the marketing sources previously communicated to FMT and approved by the same. The placement of the Allowed Materials and the marketing sources, carried out by the Affiliate after the signing of this Contract, must be previously approved by FMT. Otherwise, FMT reserves the right to act to protect its interests.
7.6 The Affiliate agrees not to carry out direct or social media web campaigns or purchase Keyword in search engines in Search Engine Marketing campaigns.
7.7 The Affiliate is forbidden to register and/or create domain names or social media pages or profiles (on any platform) that include and/or are similar, or risk being confused with intellectual property rights and Operators' portals, including the name of the "Operators" and or any other trademark or associated company, including any alternative domain name spelling of any website (through an operation called "typo squatting" or "URL hijacking"), or any alternative phonetic transcription of any of the Operators' web channels.
8.1 FMT agrees to ensure the correct flow of information by providing users with the necessary statistical data in accordance with the terms and conditions of this Contract.
8.2 FMT agrees to guarantee the Affiliate's access to the new campaigns available.
8.3 FMT reserves the right to accept or refuse any new Affiliate or deny an EuroAffiliati to a particular marketing campaign. The commissions visible within the relevant section of the EuroAffiliati platform will remain in "pending" status until they are confirmed and paid by the Operators. All confirmed commissions will be paid to the Affiliate by FMT. FMT can never be held responsible for any delay in the payment of commissions when such delay is attributable to the Operators.
8.4 The Parties acknowledge that the subject matter of the Contract is subject to any sudden changes in national and European regulations, due to rapid technological development and inherent problems in this area, and agree that, should these changes in any way interfere with the Contract, the Contract may be amended in order to comply with the new provisions and policies of the Operators or the EuroAffiliati platform, at any time, at the sole discretion of FMT, by publishing the new version of the Contract on the website www.euroaffiliati.com.
Commission payments will be made directly to the bank account provided by the Affiliate, taking care to report all the data as foreseen by the application process. It is the responsibility of the Affiliate to ensure that the data provided is accurate and complete. For Commission Plans which provide for a Revenue Share Commission FMT will apply a negative balance carry forward policy. In the event that FMT, or the Operators in its sole discretion, suspect Fraud Traffic activity, FMT may delay the payment of the Affiliate's Revenue Share Commission for up to one hundred and eighty (180) days while investigating and verifying suspicious transactions. Payments of the amounts due to the Affiliate shall be in euros. Payment will be made through one of the methods indicated in the relevant section of the website www.euroaffiliati.com. Without prejudice to the Affiliate's obligation to comply with this Contract, FMT shall pay the Affiliate a Commission in accordance with the Payment Plan. The Commission shall be calculated and paid as set out below. Accounting periods: FMT shall represent to the Affiliate the Commission due on a monthly basis and shall pay the Commission due for the calendar month in question no later than thirty-one (31) days after receipt of the above commissions by the operator Each item of the Commission may be calculated with a negative value. In any case, if the resulting sum is negative, the Commission for the reference calendar month shall be zero. These negative figures will be reported in the following calendar months until the negative balance has been fully offset. Where the Commission due to the Affiliate in a given calendar month is less than € 100. FMT shall not be required to make the payment until the Commission is equal to or greater than € 100. Any taxes or duties relating to payments to the Affiliate shall be borne exclusively by the Affiliate. The Affiliate is responsible for compliance with the rules, if any, on the registration and payment of income tax and similar taxes as set out in this Contract.
10.1 This Contract has an exclusive duration of 1 year. If during this contractual period the Affiliate has demonstrated that he or she has carefully fulfilled the guidelines contained in the Contract and has constantly brought new users to the Operators, FMT is entitled to evaluate the extension of the Contract under the same conditions.
10.2 It is the Affiliate's responsibility, at least 30 days before the expiry of the Contract, to request in writing the extension of the Contract for another year.
10.3 The Contract will only be extended if there is a formal written acceptance by FMT, which is obliged to respond within 7 days of receiving the request.
10.4 If there is no written request or no renewal, the Contract is automatically concluded and with it all mutual obligations.
10.5 Each party has the right to terminate the Contract for non-fulfilment, should the other party fail to fulfil its obligations under articles 3. MARKETING ACTIVITIES AND LIABILITY 4. COMMISSIONS, TERMS OF PAYMENT AND FRAUD 6. USE OF INFORMATION 7. FMT OBLIGATIONS which the Parties recognise as essential.
10.6 The termination of the Contract does not release the defaulting party from the obligation to pay compensation for damages due to the performing party.
10.7 The Affiliate may withdraw from this Contract with immediate effect, with or without just cause, by sending written notice to FMT e-mail address used for official communications.
10.8 FMT may terminate this Contract with immediate effect, with or without cause, by sending written notice to the Affiliate's email address.
10.9 On the date of termination of this Contract, the following shall apply:
10.9.1 The Affiliate shall cease all its activities concerning the Services using the Information and materials relating to Operators and all rights and licences granted to the Affiliate, in accordance with the provisions of this Contract, shall expire with immediate effect, unless otherwise provided for in this Contract;
10.9.2 The Affiliate will return, and subsequently destroy, all confidential information relating to Operators and/or FMT and cease using any Operator and/or FMT name, trademark or service mark, logo, Information or Text Link or Tracker and any other material related to Operators and/or FMT;
10.9.3 In the event of termination, FMT shall pay the Affiliate the commissions accrued up to the date of termination, except for the cases referred to in Articles 5. COMMISSIONS, PAYMENT TERMS AND FRAUD 6. USE OF INFORMATION 8. BILLING AND PAYMENT 9. DURATION AND TERMINATION 11. CONFIDENTIALITY
10.10 The duration of this Contract shall commence on the date on which the Affiliate completes the registration process and accepts these terms and conditions followed by the validation of FMT.
10.11 For the purposes of notice of termination, the transmission of communications by e-mail is considered as a valid written and immediate form of notification.
10.12 In the event of termination, FMT reserves the right to withhold the last payment for a reasonable period of time in order to ensure that all Banners and symbols of each of the Operators have been removed from the Affiliate's website and that all links on the Affiliate's website pointing to the products of one of the Operators have been disabled.
10.13 In the event of termination of this Contract, the Affiliate shall immediately cease use of the Services and the EuroAffiliati platform.
11.1 FMT shall not be liable for any indirect loss suffered by the counterparty.
11.2 FMT will not be liable for any damage, direct or indirect, or to be in relation to this Contract, including, without limitation, loss of profits, loss of income, loss of users, loss or corruption of data.
11.3 FMT will not be liable for any indirect, special or consequential damages, or any loss of revenue, profit or data arising out of or in connection with this Contract or the Affiliate's participation in the EuroAffiliati platform. In addition, FMT's total liability under this Contract will not exceed the total Commissions payable to the Affiliate under this Contract.
11.4 The Affiliate will indemnify FMT and its representatives, employees, officers and directors against any and all costs, losses, damages, liabilities, claims and expenses arising from the failure to comply with this Contract.
11.5 Without prejudice to any other rights already listed under this Contract or otherwise, FMT shall be entitled to set off against any liability of the Affiliate towards FMT, including any claims of FMT against the Affiliate arising out of or resulting from the failure of the Affiliate to comply with this Contract. No waiver by FMT in the event of breach of any provision of this Contract shall be deemed to be a waiver in respect of any subsequent breach of the same or any other provision.
12.1 Due to its status as an Affiliate, the Affiliate may receive confidential information from FMT, including confidential information on marketing plans and concepts, organisation and payments. Such information is confidential information of FMT and constitutes trade secrets owned by FMT.
12.2 The Affiliate agrees to maintain the strictest confidentiality for the entire duration of this Contract and for a subsequent period of three (3) years on CONFIDENTIAL INFORMATION and not to use it except for the purposes of this Contract.
12.3 Such CONFIDENTIAL INFORMATION shall be disclosed for the sole purpose of enabling the Affiliate to improve its professional performance. No part of the content of this Contract, or any disclosure made under it, may be construed as granting the Affiliate a licence or other right to the material disclosed.
12.4 In any case, the Affiliate will not use, without the written consent of FMT, any RESTRICTED INFORMATION except for the above mentioned purpose, i.e. it will not disclose said RESTRICTED INFORMATION to any third person, company or body, with the sole exception of the persons or companies appointed by the Affiliate to help it achieve the above mentioned purpose, persons or companies whose names will be communicated to FMT by the Affiliate.
12.5 The Affiliate guarantees that it will take all appropriate measures to ensure the utmost secrecy of CONFIDENTIAL INFORMATION and that it will impose similar obligations of secrecy on all its employees, collaborators or others who will necessarily have access to, or obtain disclosure of all or part of, said CONFIDENTIAL INFORMATION.
12.6 The information you provide shall not be considered confidential: The Affiliate can demonstrate that it was already in its possession and/or known to it at the date of its receipt; it is or will become public domain without the Affiliate's responsibility; it is communicated to the Affiliate on a non-confidential basis by a third party, who had the right to freely disclose such information.
12.7 This Contract and any attachments thereto are confidential. Consequently, the parties agree not to disclose to third parties the existence of this Contract, the terms and conditions contained herein and/or the single modalities of its implementation, except for the case in which such disclosure is required by law or is authorised in writing by the other parties.
13.1 The Affiliate shall indemnify the Operators and FMT against any liability, claim, cause, judgment, costs and expenses, including reasonable legal commissions, arising directly or directly out of: any negligence or wilful act or omission by the Affiliate in relation to its performance or warranties under this Contract; any material breach of this Contract by the Affiliate; any claim relating to any unlawful activity by the Affiliate, alleged or proven. In particular, the Affiliate shall indemnify and hold harmless the Operators and FMT from any claim, liability, claim, suit, judgment, costs and expenses, including reasonable legal commissions, arising directly or directly related to the Services under the commitments in this Contract.
13.2 Each Party to this Contract represents and warrants to the other that it has and will retain for the entire duration of this Contract all right, title and authority to enter into this Contract, to grant to the other Party the rights and licenses granted in this Contract and to perform all obligations under this Contract.
13.3 Except as expressed in this Contract, FMT makes no express or implied warranties or representations with respect to the Operator Products, without limitation as to their functionality, suitability for a particular purpose, merchantability, legality; Furthermore, FMT expressly does not guarantee that the operation of the Operators' channels and affiliation platforms will be uninterrupted or error-free and cannot be held responsible for the consequences thereof.
13.4 The Parties confirm and warrant that each Party has title, is legally qualified and duly authorised to execute and carry out this Contract and is bound by the terms and conditions set out herein.
13.5 Each Party agrees (i) to take any further action and to execute and provide any further documents that may reasonably be necessary to implement the provisions of this Contract and (ii) to behave in good faith throughout the term of this Contract in such a way as to preserve the benefits accruing to each other under this Contract.
13.6 Each Party to this Contract represents, warrants and represents to the other that it will obtain and maintain in force all necessary registrations, authorisations, consents and licences to enable it to perform its obligations under this Contract and to comply fully with all laws and regulations.
13.7 The Affiliate agrees to indemnify FMT and the Operators, in full, including legal, procedural and consultancy commissions, in relation to any third-party dispute or claim concerning lawfulness and truthfulness of contents and conformity to public order as well as possible violations of third parties' intellectual property.
13.8 In the event of disputes arising from non-payment or delayed payment of commissions to the Affiliate for reasons not attributable to FMT, the Affiliate will not be able to take action against the Affiliate but directly against the operator who in the case in point will be in default. This is without prejudice to commissions received from Operators who were found to be in default during the same accounting period, unless the reasons for non-payment by the defaulting Operator are attributable to fraud.
14.1 The tolerance, even repeated, of one of the parties for active or omissive behaviour in violation of the obligations agreed under this Contract does not constitute precedent, nor does it affect the validity of the violated or waived clause.
14.2 Therefore, any delay or omission by either Party in asserting a right or exercising a power under this Contract shall not be construed as a waiver of that right or the power to exercise that right at any time thereafter.
15.1 Neither Party shall be liable for any damage caused to the other Party when caused by an event of force majeure.
15.2 Force majeure could be defined as an extraordinary event or a circumstance beyond the control of the parties that prevents one or both parties from fulfilling one or all of the obligations arising from this Contract or such that could affect the performance of the actions making them excessively onerous or difficult to fulfil. Natural disasters, pandemics, wars, political changes, strikes, the act of a public authority including the invalidation of laws and regulations for the operation of gambling or the creation of new taxes are considered as such.
16.1 By signing this Contract, each PARTY explicitly allows the other PARTY to enter its own data in their respective databases.
16.2 Under no circumstances will the Affiliate disclose personal data of FMT to any third party, unless there is a specific request from FMT or unless the Affiliate has been authorised - as necessary under this Contract - to disclose personal data to parent, subsidiary or associated companies. Such transfers shall in any case take place without prejudice to any subsequent provisions.
16.3 The parties also take into consideration the rights acknowledged to them on the protection of personal data, and in particular the right to request their updating, rectification or cancellation.
16.4 The Affiliate:
a) agrees to process personal data - i.e., only information referring exclusively to identified or identifiable natural persons - exclusively for the purposes of fulfilling its contractual obligations, in accordance with the processing instructions received from FMT and the terms of this Contract;
b) guarantees that its appointees involved in the processing of personal data in accordance with the provisions of this Contract have received appropriate training regarding the applicable regulatory requirements on the subject and that no other appointee and/or employee or similar, whose work is not provided for in this Contract, will have access to personal data;
c) agrees to hold FMT harmless from any and all liability in any venue resulting from proven breaches by the Affiliate of data protection legislation challenged by third parties in general with regard to their personal data being processed as part of the operations carried out by the Affiliate in execution of this Contract;
d) agrees not to use personal data for processing other than that necessary to fulfil its obligations under this Contract and/or not to transfer to third parties for any purpose whatsoever, including direct or indirect marketing purposes, personal data communicated by FMT for the execution of this Contract.
16.5 The Affiliate agrees to hold FMT's personal data only for the time necessary to pursue the purposes of processing and for as long as this Contract is in force.
16.6 At the request of FMT, the Affiliate will make available to the latter the means, procedures and documentation relating to the processing of FMT's personal data in order to allow inspections and/or checks by FMT auditors to verify the compliance of the processing carried out by the Affiliate with the applicable regulations and instructions given by FMT.
17.1 Affiliates who during marketing campaigns advertise one of the Operators' promotions on their web channels will not have any intellectual rights to the promotional material, products or services offered.
17.2 Throughout the duration of the campaigns FMT will provide Affiliates, and only for the specific campaigns, with the non-exclusive right to use the Operator's trademarks and trade names for commercial purposes.
17.3 The use of the EuroAffiliati platform by the Affiliates confers only the right to use it, non-exclusive and linked to the continuation of the Contract.
17.4 Nothing in this Contract constitutes a licence, assignment, transfer or other intellectual property right, including patents, trademarks, copyrights and databases.
The parties agree that the applicable law is that of Spain, excluding the rules of conflict of laws, which will govern any conflict related to the Contract, unless the mandatory provisions of the consumer protection legislation dictate otherwise.
However, keep in mind that FMT will use its best efforts to try to resolve any conflict with the Affiliate in a friendly, fast and efficient manner, for which we ask that you contact us as soon as possible at our e-mails.
Consent in accordance with the applicant legislation, I hereby express my consent to the processing and communication of my personal data, including to third party companies and outside the territory of the European Union, for the proper performance of the activities covered by this Contract. I am aware that without my consent the service cannot be provided. I give my consent to the processing and communication of my personal data, including to third party companies and outside the territory of the European Union (commercial and advertising purposes). I give my consent to the processing and communication of my personal data, including to third party companies and outside the territory of the European Union (sale to associated companies and third parties). The Affiliate declares that it has carefully read and accepts the general terms and conditions of the Contract, and expressly and specifically approves the following articles of the General Terms and Conditions attached to this Form: Articles: Foreword; Article 2 General Provisions, Article 3 Marketing Activities and Liability, art.5 Commissions, Payment Terms and Fraud, art.6 Use of Information, art.8 Billing and Payment, art.9 Duration and Termination, art.10 Liability, art.11 Secrecy, art.12 indemnities and guarantees, art.13 Tolerance, art.15 Protection of Personal Data, art.16 Intellectual Property The affiliate agrees not to use for purposes unrelated to this Contract and, in any case, not to disclose to third parties any information relating to: work processes, strategies and commercial initiatives, content and structure of this Contract, content and structure of the Policies.
Regarding affiliates who are located in Italy, in addition to what is indicated in this Contract, the following Terms must be complied with:
1. Comply with current Italian legislation about the Italian gaming advertising applicable to this Contract, already in force or which will enter into force during the period of validity of this Contract.
2. Comply with the provisions of Decree Law Nº 87, of 12 July 2018, “Decreto Dignità”, which prohibits all forms of advertising of products and services related to gambling and Resolution Nº 132/19 / CONS of 26 April 2019 containing urgent provisions for the dignity of workers and companies issued by the Italian Communications Guarantee Authority “Linee Guida AGCOM”.
3. Comply with Decree Law Nº158 of 13 September 2012, converted into law, with amendments, by Law Nº 189 of 08 November 2012, the so-called “Decreto Balduzzi”, with particular reference to Article 7 of the regulation on the matter as well as the Decreto Dignitá.
4. Comply with the Italian Guidelines for the Commercial Communication of gaming with cash prizes / winnings of the Institute of Advertising Self-discipline.
5. All affiliates declare that they know and understand all Italian gaming advertising laws and that they will not violate the aforementioned prohibitions. In the event that the affiliate breaches this Contract, FMT may resolve it.
Regarding the affiliates who are located in Spain, in addition to what is indicated in this Contract, the following Terms must be complied with:
1. Comply with current Spanish legislation about the Spanish gaming advertising applicable to this Contract, already in force or which will enter into force during the period of validity of this Contract.
2. Comply with the provisions of Royal Decree 958/2020 of 3 November 2020 on Commercial Communications of gambling activities, specifically in the following:
- It is prohibited to promote gambling operators that do not have the licenses granted by the competent authorities.
- It is prohibited to carry out promotions aimed at risky people and persons under the age of 18.
- Safe gambling and responsible gambling should be promoted and the possible risks that gambling activity may generate should be indicated.
- Respect the restrictions of schedules from 1a.m. to 5 a.m.
- Regarding social networks, affiliates who make commercial Communications through their profiles on social networks may only promote to the following users:
a) Users who follow their profile
b) Users who have shown an active interest in gaming activities
c) Users who have registered as clients of authorized gaming operators.
3. All affiliates declare that they know and understand the Decree on Gambling Advertising and that they will not breach what is mentioned in the legislation. In the event that the affiliate breaches this Contract, FMT may resolve it.