Last Updated: 29/03/2021 Fonbet - Affiliate Program Agreement for Cyprus By placing a tick during the registration process to agree with cureent T&C's and other listed legal documents you give your concent to publish all the marketing materials according to current Cyprus regulations (https://nba.gov.cy/en/regulatory-framework/regulations/).
Privacy PolicyINTRODUCTION The Company (as defined in the Affiliate Agreement, available here https://affiliates.fonbetaffiliatescyprus.com), (the “Company”) enables affiliate (“you”, “your” or “Affiliate”) to participate in its affiliate program (the “Affiliates Scheme”). The Company is deeply committed to safeguard the privacy expectations of its Affiliates. Accordingly, we have put in place this Privacy Policy, which outlines our data protection practices, including how we collect, use, disclose and protect your Personal Information, as well as your rights with respect to your Personal Information. In this Privacy Policy you will read about:
We encourage you to read the Privacy Policy carefully and use it to make informed decisions. By creating an account through our Services, you hereby agree to the Privacy Policy. This Privacy Policy does not apply to our Affiliates’ websites, which have their own terms and privacy policies. Our Affiliates are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, including those relating to the collection of personal information. WHAT INFORMATION WE COLLECT? We collect two types of information from our Affiliates:
The first type of information is information that identifies or may reasonably identify an individual reasonable effort (“Personal Information”). Personal Information which is being gathered may consist of the following:
The second type of information is un-identified and non-identifiable information pertaining to an Affiliate, which may be made available or gathered via the Affiliate’s use of the Services (“Non-Personal Information”). Non-Personal Information which is being collected consists of technical information and aggregated usage information, and may contain, among other things, the Affiliate’s operating system, type of browser, screen resolution, and browser and keyboard language. For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists. MINORS The Services are not designed or directed to persons under the age of 18 or persons under the age of legal consent with respect to the use of the Services of any jurisdiction, whichever is higher (“Legally of Age”). If you are not Legally of Age, you should not download or use the Services nor provide any Personal Information to us. We reserve the right to access and verify any Personal Information collected from you. In the event that we become aware that a user who is not Legally of Age has shared any information, we may discard such information. If you have any reason to believe that a minor has shared any information with us, please contact us at: affiliates@fonbet.com.cy CONDITIONS FOR PROCESSING OF PERSONAL INFORMATION We will process your Personal Information for a variety of reasons, each of which is prescribed by relevant data protection laws.
It is necessary for us to process your Personal Information where it is necessary for the performance of a contract (such as for the Affiliate Agreement) or in order for us to comply with our various legal and/or regulatory responsibilities, including, but not limited to, complying with the conditions of our gambling licenses and complying with any AML and KYC legislation.
We also process your Personal Information where we deem such processing to be in our (or a third party's) legitimate interests and provided always that such processing will not prejudice your interests, rights and freedoms. Examples of us processing in accordance with legitimate interests would include: (i) where we disclose your Personal Information to any one or more of our associate/subsidiary companies following a restructure or for internal administrative purposes; (ii) processing for the purposes of ensuring network and information security, including preventing unauthorized access to our electronic communications network; (iii) safeguarding the integrity of our Services by combatting, reporting and sharing information related to suspicious betting patterns or fraudulent activities; (iv) adhering to regulatory and statutory requirements; (v) sharing personal information with our advisers and professional services providers (such as auditors) for ensuring our compliance with regulatory requirements and industry best practices.
Our processing of your Personal Information will primarily be necessary for us to provide you with the Services. However, on certain occasions we may ask for your consent to processing Personal Information. In these instances, your Personal Information will be processed in accordance with such consent and you will be able to withdraw this consent in writing at any time. HOW WE USE THE COLLECTED INFORMATION? We use your Personal Information for the purposes listed below:
MARKETING The Company will use your Personal Information, such as your name, home address, email address, telephone number etc., ourselves or by using our third-party subcontractors for the purpose of providing you with promotional materials, concerning the Services as well as products, services, websites and applications which relate to: (i) other subsidiaries of the Company; (ii) Company's business partners and affiliates (collectively: “Marketing Affiliates"), which we believe may interest you.
You may at any time decline receiving further marketing offers from us or from our business partners and marketing affiliates by contacting us at affiliates@fonbet.com.cy Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications. WITH WHOM WE SHARE INFORMATION? We do not rent, sell, or share your Personal Information with third parties (“Recipients”) except as described in this Privacy Policy. The Personal Information will be disclosed to Recipients only to the extent required for the specific purpose, as stipulated in this Privacy Policy. We share Personal Information with any of the following recipients:
TRANSFER OF INFORMATION It may be necessary to transfer your Personal Information to countries outside the European Union. The data protection and other laws of these countries may not be as comprehensive as those in the European Union. We use best efforts to ensure that your Personal Information is protected in accordance with our privacy policy, through contractual means (such as by using the contractual clauses approved by the relevant regulators for data transfer) or other means (such as ensuring that the jurisdiction imposes adequate safeguards for data protection). THIRD-PARTY TRACKING TECHNOLOGIES When you visit or access our Services (for example when you visit our websites), we use (and authorize third parties to use) web beacons, cookies, pixels, scripts, tags and other technologies ("Tracking Technologies"). The Tracking Technologies allow us to automatically collect information about you and your online behavior, as well as your device (for example your computer or mobile device), for different purposes, such as in order to enhance your navigation on our Services, improve our Services’ performance and customize your experience on our Services. We also use this information to collect statistics about the usage of our Services, perform analytics, deliver content which is tailored to your interests and administer services to our Affiliates, advertisers, publishers, customers and partners. We also allow third parties to collect information about you through Tracking Technologies. RETENTION OF PERSONAL INFORMATION If you have registered with an account through our Services, the Company will retain your Personal Information during the period your account is active. In addition, the Company will retain your Personal Data for additional periods, to enable the Company to meet its legal obligations under applicable laws or regulations, such as the applicable gambling regulations, Know-Your-Customer and Anti-Money Laundering regulations. In addition, the Company may retain your Personal Information for longer periods, provided that retaining such information is necessary for the Company’s legitimate interests, such as fraud prevention and record keeping. YOUR RIGHTS You may contact us at any time and request:
Please note that these rights are not absolute and requests are subject to any applicable legal requirements, including gambling regulations and other legal and ethical reporting or document retention obligations. We may also rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion, in accordance with our internal policies. HOW WE KEEP YOUR INFORMATION SECURED We take great care in implementing and maintaining the security of the Services and your information. We have put in place appropriate physical and technological safeguards to help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse the Services, and we make no warranty, express, implied or otherwise, that we will prevent such access. CHANGES TO THE PRIVACY POLICY We reserve the right to change this Privacy Policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy on the Services and/or we will send you an e-mail regarding such changes to the e-mail address that you volunteered. Such substantial changes will take effect seven (7) days after such notice was provided on any of the above-mentioned methods. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date, and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. HOW TO CONTACT US If you have any general questions about the Services or the information that we collect about you and how we use it, please contact us via email at affiliates@fonbet.fom.cy or by sending a letter to: We will make an effort to reply within a reasonable timeframe. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can reach out to the applicable data protection supervisory authority. Terms and ConditionsThis Terms and Conditions (the "Agreement") contain the complete terms and conditions between FORTUNE ENTERTAINMENT RG LIMITED, a company incorporated under the laws of Cyprus with the registration number HE360714 (the "Company", ‘’Fonbet’’, ‘’we’’, ‘’us’’), and you (the ‘’Affiliate’’, "you" and "your"), regarding your application to participate as an affiliate in the Company’s Affiliate marketing program and your participation in the Fonbet Affiliate program and provision of the marketing services in respect of the Sites. By marking the "I have read and agree to the terms and conditions" box (or similar wording) you accept the terms and conditions of this Agreement. 1. Definitions “Advertising Material” means any communication sent or made available to the Customers to promote the Fonbet Website and create links from the Affiliate Website(s). "Affiliate" means you, the person or entity, who applies to participate in the Affiliate Program. "Affiliate Application" means the application form found at https://affiliates.fonbetaffiliatescyprus.com/registration.asp whereby the Affiliate applies to participate in the Affiliate Program "Affiliate Program" means the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Fonbet Website and create the Links from the Affiliate Website(s) to the Fonbet Site and thereby be paid a commission as defined under this Agreement depending on the traffic generated to the Fonbet Website subject to the terms and conditions of this Agreement “Affiliate Services” means the Affiliate’s promotion of the Fonbet Website and the creation of the Links from the Affiliate Website(s) to the Fonbet Site. "Affiliate Website(s)" means one or more websites on the Internet which are maintained and operated by the Affiliate. "Agreement" means (i) all the terms and conditions set out in this document, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of the Company and/or the Fonbet Website made known to the Affiliate from time to time. “Approved Marketing Material” means the banners, text and/or other online or offline promotional materials and any associated intellectual property rights thereto which is either provided by Fonbet or is consented by Fonbet or created in line with this Agreement and the respective marketing guidelines. "Commission" means the income the Affiliate earns based on the promotion of Fonbet products and services and by players referred by the Affiliate to Fonbet. "Fonbet Website" / “The Site” means the website with domain name www.fonbet.com.cy “Fonbet Affiliates Website” means any website (including any device specific versions of such website) or application owned and/or operated by you or on your behalf and which you identify in your Application and any other marketing methods including emails, which the Company approves for use in the Affiliate Scheme; "FTD" means a new first-time-deposit customer of the Company who has made a first deposit amounting to at least the applicable minimum deposit at the Fonbet Website in the Fonbet Website betting account in accordance with the applicable terms and conditions of the Fonbet Website, but excluding the Affiliate, its employees, relatives and/or friends. "Confidential Information" means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Fonbet Website, technology, marketing plans and manners of operation. "Intellectual Property Rights" means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid. "Links" means Internet hyperlinks from the Affiliate Website(s) to the Fonbet Website. "Net Revenue" means in relation to sports betting: all money received by Fonbet from New Customers in relation to sports betting activities less (a) monies paid out to New Customers as winnings, (b) bonuses and/or loyalty bonuses, (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes (g) monies paid out as duties or taxes (h) any commissions/fees due to third parties for providing/licensing games and/or sportsbook software; and for the avoidance of doubt, all amounts referred to above are only in relation to amounts generated from New Customers referred to the Fonbet Website by the Affiliate Website(s). "New Customer" means a new first-time customer of the Company who: - Has created a new Fonbet player account, registering directly after having been referred from the Affiliate Website(s) to the Fonbet Website; - Has made a first deposit amounting to at least the applicable minimum deposit at the Fonbet Website in the Fonbet Website betting account in accordance with the applicable terms and conditions of the Fonbet Website, but excluding the Affiliate, its employees, relatives and/or friends; and - Is not already in Fonbet's customer database (where the customer has previously closed his Fonbet betting account and opened a new one through the Affiliate, such condition shall be deemed not to be satisfied). "Parties" means the Company and the Affiliate (each a "Party"). "Privacy Policy" means Fonbet’s privacy policy, which can be found by clicking the link named "Privacy Policy" in the footer of the Fonbet Website. “Sub-Affiliate” means an individual and/or entity that an Affiliate directs in any appropriate manner to Fonbet and who can be linked to the Affiliate’s unique Affiliate account / identity, which person or entity becomes an Affiliate of Fonbet. “Sub-Affiliate Deal” means the Company’s approval for an Affiliate to refer Affiliates to the Website. 1.1 The Company is responsible for the Approved Marketing Material of the online gaming activities offered through the Fonbet Website. 1.2 The Affiliate maintains and operates the Affiliate Website(s). 1.3 This Agreement sets out the general terms and conditions of the Affiliate Program and is entered into between the Company and the Affiliate. 1.4 By completing and accepting the Affiliate Application the Affiliate accepts and agrees to abide by all the terms and conditions of the Agreement including any advertising guidelines as may be issued by the Company from time to time and which are available on the Fonbet Affiliate Website. 1.5 This Agreement shall be binding on the Affiliate as soon as the Affiliate submits the Affiliate Application but shall not be binding or enter into effect in relation to the Company until the Company approves the said Affiliate Application. 2. Acceptance of Affiliate 2.1 The potential affiliate is invited to fill in the Affiliate Registration Form in order to be approved by Fonbet. After we receive the Partner’s data, you will receive an e-mail confirming the conclusion of the agreement. The Company reserves the right to refuse any registration in its sole and absolute discretion. The Company’s decision is final and not subject to any right of appeal. 2.2 Once confirmed in accordance with the above, the Affiliate is granted the non-exclusive right to direct New Customers to the Site in accordance with the conditions set out in this Agreement. This right is non-assignable. The Affiliate understands that The Company has the right to procure Affiliate Services from others performing services of the same or similar nature to those provided by the Affiliate. The Affiliate, unless granted a Sub-Affiliate Deal by Fonbet, shall have no claim to Commission fees or other compensation on business secured by or through persons or entities other than the Affiliate. 3. Qualifying Conditions The Affiliate hereby represents and warrants that: (a) it has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement; (b) it has provided the Company with complete, valid and truthful information; (c) it has obtained and will maintain in force all necessary registrations, authorizations, consents and licenses necessary to fulfill its obligations under this Agreement; (d) it shall comply with all applicable laws and regulations in the performance of their obligations; and (e) it fully understands and accepts the contents of this Agreement. 4. Responsibilities and Obligations of the Company 4.1 Upon acceptance of the Agreement by the Affiliate, a unique player tracking code is assigned to the Affiliate, and the Affiliate is integrated in the technical platform of the Fonbet Website. By means of the player tracking code New Customers acquired via the Link(s) on the Affiliate Website and the bets placed during such sessions are registered and/or can be tracked. 4.2 The Company shall provide the Affiliate with all information and Approved Marketing Material necessary for the implementation of the links and marketing materials. The Company shall not be responsible for the actual implementation of the links and marketing materials. 4.3 In the event that the Affiliate creates its own marketing material, such marketing material shall be compliant with the provisions of this Agreement and the Company shall not be held liable for any fines and/or sanctions which are incurred by the Affiliate for the non-adherence with applicable rules and regulations. 4.4 The Company shall administer the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all New Customers. 4.5 The Company shall pay the Affiliate its Commission depending on the traffic generated subject to the terms and conditions of this Agreement. 4.6 The Company shall use its reasonable endeavours to ensure that whenever a New Customer is directed to the Fonbet Website and registers a new account, the relevant New Customer is identified as originating from the Affiliate’s Site. However, the Company shall not be held liable if it is unable to identify a New Customer as originating from such Site. 4.7 The Company reserves the right to request any information from the Affiliate for due diligence purposes in line with its obligations under applicable law as it may from time to time deem fit. 5. Company's Rights to refuse or close accounts and applicants 5.1 The Company may refuse any applicant’s New Customer or close a New Customer's betting account if in the sole opinion of the Company, such action is deemed to be necessary to comply with Fonbet's internal policies and/or to protect the interest of Fonbet. 5.2 The Company may refuse any applicant Affiliate and/or may close any Affiliate's account if in the sole opinion of the Company it is necessary to comply with Fonbet's internal policies and/or to protect the interest of Fonbet. If the Affiliate is in breach of this Agreement, the Company may, besides closing the Affiliate's account take any other steps at law to protect its interests. 6. Responsibilities and Obligations of the Affiliate 6.1 The Affiliate hereby warrants and undertakes: (a) to use its best efforts to actively and effectively advertise, market and promote the Fonbet Website as widely as possible in order to maximize the Parties’ benefits and that it will abide by the advertising guidelines of the Company as may be communicated to the Affiliate from time to time and/or made accessible online; (b) to market and refer potential players to the Fonbet Website at its own risk, cost and expense. The Affiliate will be solely responsible for the distribution, content, legality and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement; (c) to ensure that all news, offers and promotions in relation to Fonbet are current and up to date; (d) to refrain from altering any Approved Marketing Material unless otherwise consented by the Company; (e) to use only links provided within the scope of this Agreement; and (f) to be responsible for the development, the operation, and the maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s). 6.2 The Affiliate hereby undertakes, represents and warrants that: (a) It will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, threatening, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials; (b) It will not target any person who is under the legal age for gambling (under 18 years old), and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people; (c) It will not target any jurisdiction where gambling and the promotion thereof is illegal and is not authorised under the license in possession. The Affiliate shall not be eligible for any commission on any product which is promoted in any jurisdiction where it is illegal to do so. (d) It acknowledges the Company's ongoing commitment for the prevention of gambling addiction and that the Affiliate will co-operate with the Company to actively reduce gambling addictions by, for example, placing links provided by the Company on the Affiliate Website(s) which direct traffic to websites involved in the business of preventing gambling addictions; (e) That it will not generate traffic to the Fonbet Website by illegal or fraudulent activity, particularly but not limited to by: (i) sending spam or unsolicited mail in its attempt to refer New Customers to the Site; (ii) registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud Fonbet. Violation of this provision shall be deemed to be fraud; and (iii) that it will not present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Fonbet Website and/or the Company or convey the impression that the Affiliate Website(s) is partly or fully associated with/from the Fonbet Website and/or the Company. (f) Subject to the marketing material as may be forwarded by the Company and/or made available online through the online website the Affiliate may not use the Fonbet Website or other terms, trademarks and other Intellectual Property Rights of the Company or its group companies unless the Company consents to such use in writing. For the avoidance of doubt, the Affiliate may not use Fonbet’s name or Intellectual Property Rights (including graphics and design material) in any bulk emails unless against prior written consent of the Company. The Company may terminate this Agreement if any spam complaints result from the Affiliate’s marketing activities in which Fonbet or any of its products/services have been referred to. 6.3 The Company reserves the right to freeze the Affiliate’s account with immediate effect and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of this Agreement. 6.4 If it can be proven that Affiliate earnings have been lost due to an incident of intellectual property theft, revenue generated by the offending Affiliate may be paid to the aggrieved party. Complaints shall be sent to complaints@fonbet.com.cy. It is in the sole discretion of the Company to determine whether there is enough proof that the loss of earnings suffered by the aggrieved party resulted from an incident of intellectual property theft. 6.5 The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in very serious consequences for the Affiliate itself, for Fonbet, or for both Parties, including without limitation, fines, penalties, breaches of license conditions and ability to do business, as well as potential civil and criminal action against the Affiliate or Fonbet by the respective authorities. Without prejudice to any of the Company’s rights herein or at law, the Company may forthwith terminate this Agreement, in part or in its entirety, or any of your accounts should you act in breach of the foregoing and you shall be held fully responsible and liable for any such resulting fine, penalty, claim, action, or loss which is caused to us as a result of your action or default as the case may be. 7. Payment 7.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall be entitled to receive the Commission generated by the promotion of Fonbet products and services and by New Customers referred by the Affiliate. 7.2 The Commission is calculated at the end of each month. The affiliate must send invoice by 15th of the following month to be approved by Fonbet, provided that the amount due exceeds €100 or a higher amount chosen by the Affiliate in his/her settings of the affiliate account (the "Minimum Threshold") If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceed the Minimum Threshold. 7.3 In the calculation of Commission where Net Revenue is negative due to Customer winnings and/ or administration fees and/ or cash items and/ or progressive contributions the said balance will be carried over the following month. A negative balance due to fraud costs will be carried over where applicable, especially in cases such as Fraud costs and/ or any cost resulting from intellectual property theft as contemplated in Clause 6.4 and/or from financial sanctions incurred under Clause 6.5 hereinabove. 7.4 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time. 7.5 In case of overpayment, the Company reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full. 7.6 In case of underpayment, the Company reserves, without prejudice to any other rights, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar month. 7.7 The Affiliate's acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period. 7.8 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days from the date of payment and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated. 7.9 The Company may in its sole discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days if the Company needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement. 7.10 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement. 7.11 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs). 7.12 The Company reserves the right to set limits for a minimum level of activity on Affiliate's accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and shall basically reflect the intention of avoiding accounts where the revenue does not cover the Company's internal costs for maintaining the account and the payout procedure. 7.13 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify the Company in that regard in the event that the Company had to disburse such amount. 8. Affiliate Website(s) and the Links 8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet and compliance with the terms of this Agreement are at the Affiliate's own risk. The Company makes no guarantee in relation to the accessibility of the Fonbet Website at any particular time or any particular location. The Company 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, the Fonbet Website. 8.2 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between the Company and the Affiliate. 8.3 The Company has the right to monitor the Affiliate Website(s) in order to ensure the Affiliate's compliance with the terms and conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring. 8.4 The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the Intellectual Property Rights of the Company and its group companies or which include the word "Fonbet" or variations thereof. The Affiliate shall not create any applications or Internet pages falsely representing Fonbet in any way, shape or form on any social media channels (including, but not limited to, Facebook, Google +, Twitter etc.). 8.5 The Affiliate shall not take any action which could cause any confusion as to the Company's or the Fonbet's Website's relationship with the Affiliate and the Affiliate Website(s). 8.6 The Affiliate shall at all times comply with data protection and privacy regulations, legislation and subsidiary legislation as may be applicable from time to time. For example, the Affiliate shall always inform its users that tracking technology will be installed on the users’ hard drive when the user clicks on the Links and provide the user with an option to reject such installation. 8.7 The Affiliate Website shall have at least an opt-in facility for the Customers to subscribe to the receipt of Advertising Material from the Affiliate via SMS or email. This is preferably done on a double opt-in basis. Should this facility be missing from the Affiliate’s end, any Advertising Material sent to the Customers would be considered as spam. In the event that Fonbet receives any complaints from Customers about spam, the Affiliate may be required by the Company to provide proof that the opt-in function has been provided to the Customer. Without prejudice, the Company reserves the right to freeze the Affiliate’s account as provided under Clause 6.2 (f) of this Agreement. 8.8 Advertising Material sent to Customers by the Affiliate shall always contain an unsubscribe facility whereby the Customers can opt to stop receiving Advertising Material from the Affiliate. 8.9 The Affiliate shall ensure that any marketing communication sent to customers, shall only be received by individuals who are of legal age (+18) in the jurisdiction where they reside. 9. Termination 9.1 This Agreement may be terminated by either Party by giving thirty (30) days written (by email) notice to the other Party, provided that this Agreement shall be automatically terminated in the event that Fonbet is precluded from offering the online gaming services to customers through the Fonbet Website. 9.2 This Agreement may be terminated if the Affiliate is in material breach of its obligations according to this Agreement, provided the breach has not been remedied within three days after Fonbet has given notice of such breach. The three-day grace period shall not apply for fraud contemplated in clause 6.3 above. 9.3 This Agreement may also be terminated if either party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other party or in the event of any similar situation indicating that the other party is insolvent. 9.4 Fonbet shall retain the right to terminate this Agreement immediately for business reasons or other reasons of internal policy and control. Fonbet endeavors to provide the minimum thirty (30) days’ prior notice as mentioned in clause 9.1, however, where this is not feasible, you shall nevertheless be entitled to compensation for a thirty (30) day period from the date of notice of termination, based on the amounts paid to you with respect to the immediately preceding thirty (30) days. 9.5 The Parties hereby agree that on termination of this Agreement: (a) the Affiliate must remove all references to the Fonbet Website from the Affiliate Website(s) and communications, irrespective of whether the communications are commercial or otherwise. The foregoing shall not apply to Fonbet players’ complaints recorded on Affiliate Websites which are recognised as Alternative Dispute Resolution bodies by accredited arbitrators’ institutions.; (b) all rights granted to the Affiliate under this Agreement shall immediately terminate and the Affiliate shall cease the use of any Intellectual Property Rights vested in the Company and the Fonbet Website; (c) the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however, provided that the Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date; (d) if this Agreement is terminated by the Company due to the Affiliate's breach of any terms and conditions of this Agreement, the Company shall be entitled to withhold the Affiliate's earned but unpaid Commissions as of the termination date as collateral for any claim arising from such breach and it shall be in its sole discretion whether to pay such earned by unpaid Commissions to the Affiliate; (e) the Affiliate must return to the Company any and all Confidential Information (and all copies and derivations thereof) in the Affiliate's possession, custody and control; and (f) the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach in relation to Confidential Information even if the breach arises at a time following the termination of this Agreement. 10. Liabilities and Indemnification 10.1 The Company shall not be liable (in contract, tort, breach of statutory duty or in any other way) for: (a) any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings); (b) any indirect or consequential losses; or (c) any loss of goodwill or reputation. 10.2 The Affiliate agrees to defend, indemnify and hold the Company and its group companies/affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from: a) any breach of Affiliate's representations, warranties or obligations under this Agreement; b) save for the provisions of clause 6.4, the Affiliate's use (or misuse) of the marketing material and the Company's and/or its group companies' Intellectual Property Rights; c) all conduct and activities occurring under Affiliate's user ID and password; d) any defamatory, libelous or illegal material contained on the Affiliate Website(s) or Affiliate's information and data; e) save for the provisions of clause 6.4, any claim or contention that the Affiliate Website(s) or the Affiliate's information and data infringes any third party's intellectual property rights or violates any third party's rights of privacy or publicity; f) third party access or use of the Affiliate Website(s) or the Affiliate's information and data; g) any claim related to Affiliate Website(s) or the Links; and h) any violation of this Agreement or any applicable laws. 10.3 The Company and its group companies reserves the rights to participate, at its own expense, in the defense of any matter or claim in relation to the above. 11. Confidentiality 11.1 All Information shall be treated as confidential. The Affiliate shall use the Confidential Information only for the purposes necessary to further the commitments of this Agreement. For avoidance of doubt, the Affiliate must not use the Confidential Information for any own commercial purpose or any other purpose other than those in this Agreement. 11.2 The Affiliate agrees to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless with the Company’s prior written consent. 11.3 The Affiliate shall only use customer data provided by the Company. Any Confidential Information (including but limited to contact numbers and residential addresses) provided by customers to third parties shall not be used by the Affiliate to provide the Services to the Company under this Agreement. 11.4 This clause 11 shall survive the termination of this Agreement. 12. Intellectual Property 12.1 Nothing contained in this Agreement will grant either Party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights. It is understood that the Affiliate only has a right of use of the Approved Marketing Material provided by the Company. 12.2 All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate. 12.3 At no time during or after the term of this Agreement shall a Party attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party. 13. Relationship of the Parties 13.1 Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such Party's employees, agents, or representatives) as an employee, agent or legal representative of the other Party, nor to create any partnership, joint venture, association or syndication among or between the Parties, nor to confer on either Party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other Party. 14. Miscellaneous 14.1 In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail. 14.2 Should one of the contractual provisions in this Agreement be or become invalid or unenforceable, such provision will be replaced by one which shall come as close as possible to the commercial purpose of the void provision. All other provisions of this Agreement shall continue in full force and effect. 14.3 No waiver in relation to this Agreement will be implied from conduct or failure to enforce any rights and all waivers must be in writing to be effective. 14.4 Any notice given or made under this Agreement to the Company shall be sent by email to and marked for the attention of the Head of Regional Marketing of the Fonbet Website unless otherwise notified by the Company. The Company shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application. 14.5 The Affiliate may not assign this Agreement or any rights hereunder, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign this Agreement and all its rights hereunder to any group company or third party. 14.6 The Company's failure to enforce the Affiliate's adherence to all terms outlined in the Agreement shall not be construed to constitute a waiver of the right to enforce such right. 14.7 The Company and the Affiliate will work in close cooperation at all times for the mutual benefit of making the provision of services in line with this Agreement a successful collaboration. 14.8 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, regulatory and/or legal requirements, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate this Agreement with immediate effect by providing a written notice. 14.9 Unless otherwise expressly agreed, this Agreement shall constitute the entire agreement and understanding superseding any agreement between the Parties. In case of conflict between this Agreement and any other agreements entered into between the Company and the Affiliate, the contents of this Agreement shall prevail. Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud. 14.10 This Agreement shall be construed, interpreted and enforced in accordance with the laws of the Republic of Cyprus. Any dispute or claim arising out of this Agreement that cannot be resolved by way of negotiation should be settled in courts of the Republic of Cyprus. The parties agree that the Company may opt to apply to any other court having jurisdiction 15. Amendments to this Agreement 15.1 The Company reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. When possible, a notice of the amendments will be sent to the Affiliate's registered email address and such notice will be deemed to be served once sent by the Company. The Affiliate's continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate's acceptance of the new terms and conditions. 15.2 It shall be the sole responsibility of the Affiliate to keep updated with the latest version of this Agreement. Fonbet Cyprus Affiliate programs are as follows: Only one Affiliate program can be selected per unique affiliate by informing Fonbet. 1. Revenue Share: 30% Revshare on net revenue a. Negative Carry Over
2. CPA program: a. CPA Conversion: FTD b. DOI (Double Opti-in) – User must be approved (via documents) and make FTD of min €5 3. Revenue Share 30% + CPA
4. Revenue Share 35% Additional revenue may be given to selected affiliates only after approval by Fonbet in combination with Revenue Share (1) FTD Accumulative Conditional Payment
Max FTD Accumulated Conditional Payment = €1,700 Disclaimer: Please note that campaign/offer details are subject to change without notice. Please check fonbet.com.cy website for the most updated information and details. Marketing Partner Data Protection AddendumFortune Entertainment RG Limited or its Affiliate (“Company”) and the legal entity (“Marketing Partner”) that entered into an agreement with the Company for the provision of the services (“Services”) described in the master agreement entered into between the parties (as amended from time to time, the “Agreement”), are agreeing to these Data Protection Terms (“DPA”). This DPA is entered into by Company and Marketing Partner and supplements the Agreement, and shall be effective, and replace any previously applicable terms relating to their subject matter, during the duration of the Agreement. If you are accepting this DPA on behalf of Marketing Partner, you warrant that: (a) you have full legal authority to bind Marketing Partner to this DPA; (b) you have read and understand this DPA; and (c) you agree, on behalf of Marketing Partner, to this DPA. If you do not have the legal authority to bind Marketing Partner, please do not accept this DPA. 1. 1 INTRODUCTION 1.1 This DPA reflect the parties’ agreement on the processing of Personal Data in connection with the Data Protection Laws. 1.2 Any ambiguity in this DPA shall be resolved to permit the parties to comply with all Data Protection Laws. 1.3 In the event and to the extent that the Data Protection Laws impose stricter obligations on the parties than under this DPA, the Data Protection Laws shall prevail 2. DEFINITIONS AND INTERPRETATION 2.1 In this DPA: 2.1.1 “Affiliate” means any person or entity directly or indirectly controlling, controlled by, or under common control with the Company. For the purpose of this definition, "control" (including, with correlative meanings, the terms "controlling", "controlled by" and "under common control with") means the power to manage or direct the affairs of the person or entity in question, whether by ownership of voting securities, by contract or otherwise. (i) “Data Protection Laws” means, as applicable, any and/or all applicable domestic and foreign laws, rules, directives and regulations, on any local, provincial, state or deferral or national level, pertaining to data privacy, data security and/or the protection of Personal Data, including the Data Protection Directive 95/46/EC and the Privacy and Electronic Communications Directive 2002/58/EC (and respective local implementing laws) concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), including any amendments or replacements to them, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”). (ii) “Standard Contractual Clauses” mean the standard contractual clauses for the transfer of personal data to data controllers established in third countries adopted by the European Commission Decision 2004/915: Commission Decision of 27 December 2004 amending Decision 2001/497/EC as regards the introduction of an alternative set of standard contractual clauses for the transfer of personal data to third countries. (iii) The terms “controller”, “data subject”, “personal data”, “processing”, “processor” and “personal data breach” as used in this have the meanings given in the GDPR. (iv) Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time. 3 APPLICATION OF THIS DPA 3.1 This DPA will only apply to the extent all of the following conditions are met: 3.1.1 Company processes Personal Data that is made available by the Marketing Partner in connection with the Agreement; 3.1.2 The Data Protection Laws applies to the processing of Personal Data. 3.2 This DPA will only apply to the Services for which the parties agreed to in the Agreement, which incorporates the DPA by reference. 4 ROLES AND RESTRICTIONS ON PROCESSING 4.1 Independent Controllers. Each party: (i) is an independent controller of personal data under the Data Protection Laws; (ii) will individually determine the purposes and means of its processing of Personal Data; and (iii) will comply with the obligations applicable to it under the Data Protection Laws with respect to the processing of Personal Data. 4.2 Sharing of Personal Data. In performing its obligations under the Agreement, a party may provide Personal Data to the other party. Each party shall process Personal Data only for (i) the purposes set forth in the Agreement or as (ii) otherwise agreed to in writing by the parties, provided such processing strictly complies with (iii) Data Protection Laws, (ii) its obligations under this Agreement (the “Permitted Purposes”). Each Party shall not knowingly share any personal data with the other Party that contains personal data relating to minors under 18 years. 4.3 Lawful grounds and transparency. Each Party shall maintain a public and easily-accessible privacy policy on its respective digital properties that is available via a prominent link that satisfies transparency disclosure requirements of Data Protection Laws. Each Party warrants and represents that it has provided data subjects with appropriate transparency regarding data collection and use and all required notices and obtained any and all consents or permissions necessary under e-Privacy Law with regards to any Personal Data that is collected and disclosed by such party to the other party. Both parties will cooperate in good faith in order to identify the information disclosure requirements and each party hereby permits the other party to identify it in the other party’s privacy policy, and to provide a link to the other party’s privacy policy in its privacy policy. 4.4 Data Subject Rights. It is agreed that where either party receives a request from a data subject in respect of Personal Data controlled by such Party, then such Party shall be responsible to exercise the request, in accordance with Data Protection Laws. 5 PERSONAL DATA TRANSFERS 5.5 Transfers of Personal Data Out of the European Economic Area. Either party may transfer Personal Data outside the European Economic Area if it complies with the provisions on the transfer of personal data to third countries in the Data Protection Laws (such as through the use model clauses or transfer of Personal Data to jurisdictions as may be approved as having adequate legal protections for data by the European Commission). 5.6 Subcontracting. Where either Party subcontracts the processing activities of Personal Data contemplated herein to a third party, it shall ensure that the such third party enters into written contractual obligations which are (in the case of a third party controller) no less onerous than those imposed by this DPA or (in the case of a third party processor) compliant with Article 28 of the GDPR. Each Party shall be liable for the acts or omissions of its subcontractors to the same extent it is liable for its own actions or omissions under this DPA. 5.7 Standard Contractual Clauses. To the extent that Marketing Partner processes Personal Data outside the EEA and an Approved Jurisdiction, then the Parties shall be deemed to enter into the Standard Contractual Clauses, in which event: (i) the Standard Contractual Clauses are incorporated herein by reference, together with Appendix 1; and (ii) the Company shall be deemed as the data exporter and the Marketing Partner shall be deemed as the data importer (as these terms are defined therein) 6 PROTECTION OF PERSONAL DATA 6.1 The parties will provide a level of protection for Personal Data that is at least equivalent to that required under Data Protection Laws. Both parties shall implement appropriate technical and organizational measures to protect the Personal Data. 7 MUTUAL ASSISTANCE 7.1 Each Party shall: 7.1.1 appoint at least one representative as point of contact and responsible manager for all issues arising out of the Data Protection Laws (a "Designated Representative"); the Designated Representative(s) of both Parties will work together in good faith to reach an agreement with regards to any issues arising from time to time in relation to the processing of personal data in connection with the Agreement and this DPA; 7.1.2 use reasonable measures to consult with the other Party about any notices given to data subjects in relation to the processing of Personal Data under the Agreement; 7.1.3 inform the other Party (without undue delay) in the event that it receives a data subject request related solely and exclusively to the other Party's respective processing activities and provide all reasonable assistance to ensure data subject request are completed within the timeframe set out in Data Protection Laws; 7.1.4 provide the other Party with reasonable assistance (having regard to the data available to it) to enable the other Party to comply with any data subject request received by the other Party and to respond to any other queries or complaints from data subjects; 7.1.5 provide the other Party with such assistance as the other Party may reasonably request from time to time to enable the other Party to comply with its obligations under the Data Protection Laws including (without limitation) in respect of security, breach notifications, impact assessments and consultations with supervisory authorities or other regulators; 7.1.6 provide the other Party with such information as it may reasonably request in order to: (a) monitor the technical and organizational measures being taken to ensure compliance with the Data Protection Laws, or (b) satisfy any legal or regulatory requirements, including information reporting, disclosure and other related obligations to any regulatory authority from time to time; 7.1.7 in the event of an actual or potential personal data breach which does or is reasonably likely to affect the respective processing activities of both Parties, notify the other party without undue delay, and liaise with the other Party in good faith to consider what action is required in order to mitigate or remedy the effects of the personal data breach in accordance with the Data Protection Laws, and provide such reasonable assistance as is necessary to the other Party to facilitate the handling of such personal data breach in an expeditious and compliant manner. 8 DIRECT MARKETING 8.1 To the extent that Marketing Partner collects or process personal data for the purpose of carrying out direct marketing activities (including, without limitation, email campaigns or text-message campaigns; collectively “Direct Marketing”), which promote services or products offered by the Company and/or Marketing Partner and/or other third parties ("Communications"), then Marketing Partner shall: 8.1.1 Comply with any and all Data Protection Laws that apply to such activity, including without limitation the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR) and the e-Privacy Directive; 8.1.2 Ensure that is has provided the data subjects with any notice necessary as required under Data Protection Laws, prior to delivering any Communications; 8.1.3 Ensure that is has obtained and sufficiently recorded the data subjects’ affirmative consent (including recording of the user ID, timestamp, relevant domain and source, and other relevant data as necessary) prior to delivering any Communications; 8.1.4 Upon Company’s request, provide the Company with any and all records relating the data subjects’ affirmative consent and notices provided to the data subjects; 8.1.5 Ensure that any and all Communications include a clear and conspicuous notice of the opportunity to opt-out of receiving future Communications, in an easy manner; 8.1.6 Record and comply with any request to opt-out or unsubscribe from receiving Communications, as soon as technically feasible, and in any event within no later than forty-eight (48) hours as of the receipt of such request; 8.1.7 Ensure that the recipient of a Communications shall not be required to pay a fee or provide any other information for the purpose of opting-out of receiving Communications; 8.1.8 Ensure that Communications are not delivered to any data subject that were indicated, either by the Company or otherwise, to be excluded from the receipt of Communications, as directed by the Company, from time to time. 9 PRIORITY 9.1 Effect of this DPA. If there is any conflict or inconsistency between the terms of this DPA and the remainder of the Agreement then, the terms of this DPA will govern. Subject to the amendments in this DPA, the Agreement remains in full force and effect. 10 RESOLUTION OF DISPUTES WITH DATA SUBJECTS OR SUPERVISORY AUTHORITIES 10.1 If either Party is the subject of a claim by a data subject or a supervisory authority or receives a notice or complaint from a supervisory authority relating to its respective processing activities (a "DP Claim"), it shall promptly inform the other Party of the DP Claim and provide the other Party with such information as it may reasonably request regarding the DP Claim. 10.2 Where the DP Claim concerns the respective processing activities of one Party only, then that Party shall assume sole responsibility for disputing or settling the DP Claim. 10.3 Where the DP Claim concerns the respective processing activities of both Parties, then the Parties shall use all reasonable endeavors to cooperate with a view to disputing or settling the Claim in a timely manner; provided always that neither Party shall make any admission or offer of settlement or compromise without using all reasonable endeavors to consult with the other Party in advance. 11 CHANGES TO THIS DPA 11.1 Company may change this DPA if the change is required to comply with Data Protection Laws, a court order or guidance issued by a governmental regulator or agency, provided that such change does not: (i) seek to alter the categorization of the parties as independent controllers of Personal Data under the Data Protection Laws; (ii) expand the scope of, or remove any restrictions on, either party’s rights to use or otherwise process Personal Data; or (iii) have a material adverse impact on Marketing Partner, as reasonably determined by Company. 11.2 Notification of Changes. If Company intends to change this DPA under this section, and such change will have a material adverse impact on Marketing Partner, as reasonably determined by Company, then Company will use commercially reasonable efforts to inform Marketing Partner at least 30 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency) before the change will take effect. 11.3 If any of the Data Protection Laws are superseded by new or modified Data Protection Laws (including any decisions or interpretations by a relevant court or governmental authority relating thereto), the new or modified Data Protection Laws shall be deemed to be incorporated into this DPA, and each Party will promptly begin complying with such Data Protection Laws in respect of its respective processing activities.
|
||||||||||||