TERMS AND CONDITIONS
Tempoaffiliates.com
Updated on: March 30, 2026
INTRUDUCTION
These provisions apply to your participation in the Tempoaffiliates.com Affiliate Program and govern the relationship between you and Tempoaffiliates.com ("we," "us," or "our"). Our Terms and Conditions are incorporated by reference into this Agreement and shall be deemed an integral part of it.
You must read this Agreement carefully before submitting your application to the Affiliate Program. By registering, you acknowledge and accept all of its terms. If you do not agree to any provision of this Agreement, you must not proceed with your registration.
Any questions regarding this Agreement may be directed to info@tempoaffiliates.com
(the "Contact Email").
1. INTERPRETATION AND DEFINITIONS
In this Affiliate Agreement, the words and expressions listed in this section are interpreted as defined below, except where the context requires a different interpretation:
"Affiliate" - you, the applicant—whether an individual or organization—seeking admission to the Affiliate Program.
"Affiliate Program" means the collaboration between us and you, in which you place links from your Affiliate Website (s) to the PARTNER site and earn the commission structure set out here, based on the volume and quality of traffic delivered.
"Affiliate Sign up Form" is a specific type of document that an individual or entity must complete and submit to enroll in an affiliate program. This form typically requires the prospective affiliate to provide personal and, if applicable, business information, as Well as details about preferred payment methods and tax information.
"Affiliate Website (s)" means one or more Websites on the Internet which are maintained and operated by the Affiliate.
"CPA" - means "cost per acquisition". "Acquisition" shall mean the first-time deposit ("FTD") of the referred player.
"Confidential Information" refers to any and all proprietary information, technical data, trade secrets, or know-how, including but not limited to research, services, customer lists, markets, software, developments, inventions, designs, drawings, engineering, finances, or any other business information disclosed by Us to You.
"Hybrid deals" means a fixed payment of CPA and Revenue Share (RS) part to be paid to the Affiliate in respect of each new player who makes a Deposit with taking into account the agreed established baseline; PARTNER reserves the right to set up a trial period for all new concluded CPA and hybrid deals. This concept includes checking the quality of traffic prior to receiving the first 20 FTDs during a test period of the 1st month of cooperation. After that, the parties discuss the results and make a decision on the further continuation of cooperation. In case of CPA and hybrid deals that bring less than 5 FTD during the 1st month trial period, PARTNER reserves the right to terminate cooperation and leave at its discretion the payment for this result.
"Insertion order or IO" is a specific order for advertising. It’s a contract that details a specific advertising campaign’s parameters, including where and when ads will be inserted, how much it will cost, what the payment terms are, and other related details.
"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and Web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Net Generated Revenues (NGR)" means the sum of PARTNER's net revenue generated by all Your referrals in the space of a calendar month. NRG, calculated on a monthly basis, means the monthly gross revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rake back, cashbacks and chargebacks.
"New Depositing Player" means a New Customer/Player who has made a first minimum deposit with PARTNER where this latter is Used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with PARTNER within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.
"Referred Customers" means customers who have no prior account with Our Website and have signed up for an account with Us with Your affiliate tracking code attached.
"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.
"Reward Plan" - shall mean the CPA commission paid by Affiliate for the FTD of the referred player. In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold any payments of the Reward Plan for any customer accounts including, but not limited to, bonus abuser customer accounts, suspended and/or closed customer accounts, customer accounts suspended and/or closed due to fraud, customer accounts subject to selfexclusion or any other customer account which the PARTNER in its sole discretion deems it necessary to suspend and/or close.
"Sub-Affiliate" means an individual and/or entity that an Affiliate directs in any appropriate manner to PARTNER and who can be linked to the Affiliate’s unique Affiliate account/identity, which person or entity becomes an Affiliate of PARTNER.
"Your Website" the Website which You notify Us on the Affiliate Sign up Form.
2. ENROLLMENT TERMS
2.1 Participation in the Affiliate Program is subject to PARTNER's prior approval. To apply, you must first accept these Terms & Conditions and then complete and submit the online application form, ensuring that all information provided is accurate, up to date, and complete. PARTNER may approve or decline any application at its sole discretion and will communicate its decision by email.
If your application is accepted, your involvement in the Affiliate Program will remain subject to full compliance with this Agreement in connection with any marketing or promotion of PARTNER's services. Any additional steps required for onboarding will be set out in the approval email. These Terms & Conditions govern the general operation of the Affiliate Program, while the specific commercial terms between the parties, including applicable rates and other transaction-specific conditions, shall be agreed separately in an Insertion Order.
2.2 = PARTNER reserves the right to amend this Agreement from time to time. In the event of any material changes, notice will be sent to the email address associated with your account no later than five (5) days before the updated version is published in the Affiliate Terms & Conditions section.
If you do not agree to the revised terms, you must terminate this Agreement in accordance with the applicable termination provisions. Your continued participation in the Affiliate Program after the expiry of the notice period, including any actions indicating compliance with or reliance on the amended terms, shall be deemed your full and binding acceptance of such amendments.
3. USE OF AFFILIATE LINKS
3.1 You are required to use the affiliate links provided by PARTNER (the "Links") strictly in the format supplied. Unless PARTNER has given its prior written approval, you must not modify or interfere with any aspect of a Link, including its appearance, functionality, tracking features, destination, or placement.
3.2 Links must not be displayed, promoted, or made available on any site, page, or channel that is intended for, likely to appeal to, or reasonably accessible by persons under 18.
3.3 Marketing or placing Links in prohibited jurisdictions is not permitted. Before launching any campaign, you must obtain written confirmation from PARTNER specifying the permitted geographic markets (the approved "GEOs").
3.4 If you plan to publish or distribute Links on any third-party property (including platforms, accounts, or websites you do not own or control), you must receive PARTNER’s written approval in advance.
3.5 Non-Compliance. If you fail to comply with any requirement relating to the Links under this Agreement, PARTNER may deactivate the Links at any time, with or without prior notice. In addition, PARTNER may, by written notice, terminate this Agreement with immediate effect and cease making any future revenue share payments arising from customers referred by you.
4. COMPENSATION STRUCTURE AND COMMERCIAL TERMS
4.1. PARTNER does not maintain a uniform commission structure applicable to all affiliates. The remuneration payable to you shall be determined on an individual basis, having regard to the specific arrangement agreed between you and PARTNER and the level of contribution expected from you. Such remuneration may take the form of either a fixed fee or a percentage-based payment.
The applicable compensation model and corresponding rates must be agreed directly with PARTNER and reflected in the relevant commercial documents, including, where applicable, an Insertion Order.
5. PARTNER’S RIGHTS AND OBLIGATIONS
5.1 PARTNER may, at its sole discretion, reject, revoke, or otherwise discontinue any Affiliate application at any time.
5.2 PARTNER shall make available to the Affiliate the marketing assets and information reasonably required to promote the Affiliate Program.
5.3 PARTNER will operate and manage the tracking system for activity generated through the Links, maintain net revenue records, determine amounts payable to the Affiliate, and provide access to related customer/player performance data and reports.
5.4 PARTNER has the exclusive right to refuse any New Customer registration and to suspend, restrict, or terminate any such Customer account whenever PARTNER considers it appropriate, including to meet internal policies or other requirements set by PARTNER.
5.5 PARTNER may review and monitor the Affiliate’s website (s) and/or placements to verify compliance with this Agreement. The Affiliate shall provide information reasonably requested for such checks.
5.6 PARTNER will provide the tracking Links for use on the Affiliate’s approved properties and may amend, replace, or update those Links from time to time.
5.7 PARTNER will use reasonable efforts to attribute a registering Customer to the Affiliate where the Customer signs up through the Affiliate’s Link containing the applicable tracking code. If attribution cannot be established for any reason, PARTNER will have no liability to the Affiliate in respect of that Customer.
6. RESTRICTED PRACTICES, COMPLIANCE, AND ENFORCEMENT
6.1 You are strictly prohibited from providing any form of incentive, reward, or bonus to your Referred Customers unless you have obtained explicit prior written approval from PARTNER. Should PARTNER determine that this rule has been violated, your Affiliate Agreement may be terminated, and all future Revenue Share payments connected to such referrals may be permanently withheld.
Neither you nor any member of your immediate family (including, but not limited to, your spouse or partner, parents, children, or siblings) may earn Revenue Share from any accounts that you or your relatives have registered or used. Additionally, you are not permitted to alter, interfere with, disable, circumvent, or replace any functional element of the PARTNER website, including but not limited to buttons, links, or other interactive features.
Affiliates and their Sub-Affiliates are strictly prohibited from earning commissions through self-referrals or by manipulating tracking links for personal benefit. Any effort to artificially increase income through fraudulent or misleading practices is strictly forbidden.
6.2 You and all Sub-Affiliates must, at all times, comply with all applicable laws and regulations relating to gambling advertising/marketing and data protection/privacy. This includes, without limitation, the European Directive 2002/58/EC (ePrivacy), GDPR (EU) 2016/679, and any implementing national legislation and binding regulatory measures.
SPECIFICALLY:
You may not in any way advertise to Customers which did not expressly and clearly consent to receive marketing communications, or which consent You didn’t store and are not able to prove anytime, or to Customer's which data have been processed in breach of any Data Protection laws and regulations
Every email shall clearly indicate its origins from You and not from Us.
Every marketing email shall contain a clear link to unsubscribe from further marketing emails.
6.3 We may terminate this Agreement with immediate effect if we reasonably believe you have violated any gambling advertising requirements or any data protection/privacy law. You will not be entitled to commissions arising from traffic or registrations that you knew or ought reasonably to have known were generated improperly, regardless of whether such activity causes us loss. Where we have reasonable grounds to suspect such traffic, we may withhold any amounts otherwise payable to you under this Agreement pending review and/or permanently.
6.4 You must not generate traffic, registrations, or activity using bots, scripts, automation tools, click farms, or any method intended to simulate genuine user behavior. Any such conduct is deemed deceptive and constitutes a material breach, which may result in immediate account closure and forfeiture of commissions. PARTNER may implement monitoring and preventative measures to detect and address such activity.
Unless expressly agreed in writing by PARTNER, you must not bid on, purchase, or use PARTNER’s intellectual property in paid search or advertising (including branded keywords, trademarks, trade names, and any variations or misspellings). You must not register, use, or promote domains (or subdomains) that are identical or confusingly similar to PARTNER's domains or marks, or that could reasonably be mistaken for them. Any breach may lead to immediate termination and the consequences stated elsewhere in this Agreement (including the relevant termination/withholding provisions).
You acknowledge that promotion aimed at the Swedish market and/or use of the Swedish language may be legally restricted in Sweden, and promotion aimed at the Netherlands market and/or use of the Dutch language may be legally restricted in the Netherlands. Any such restricted targeting, if undertaken, will be treated as a breach and may result in immediate closure of your account/relationship.
6.5 Where you target or market to Customers in the United Kingdom, you must comply with the gambling advertising rules and codes issued by the Committees of Advertising Practice (CAP and BCAP) and enforced by the Advertising Standards Authority (ASA). You must ensure that marketing communications—particularly those referring to free bets, bonuses, or promotional offers—are not misleading by action or omission.
Promotions must present significant conditions clearly and with adequate prominence within the advert where practicable. If the format is genuinely space-limited (e.g., banner ads), the significant conditions must be accessible no more than one click away. Practices that may be non-compliant include (without limitation): terms hidden below the fold; terms only visible after scrolling; ad clicks leading straight to join/login flows without presenting promotion conditions with appropriate prominence. These standards apply across channels, including social media, email, display advertising, and print. We may terminate this Agreement immediately and without notice if, in our reasonable opinion, you breach these UK advertising requirements.
6.6 You and any Sub-Affiliates must comply with PARTNER’s Advertising Policy for the full term of this Agreement. The current Advertising Policy is available from your account manager. Any breach may be treated as a material violation. If non-compliance is identified or reasonably suspected, we may, at our discretion, suspend campaigns, disable tracking, and/or pause, reduce, or withhold payments (whether for specific violations or across the relationship). We may also retain amounts for a reasonable period while investigating, verifying compliance, and resolving any disputes, to protect legal compliance, platform requirements, and brand integrity.
7. PAYMENT TERMS AND FINANCIAL CONDITIONS
7.1 Affiliate commissions will be credited to Your designated account under the following conditions:
A minimum of € 500 is required for a monthly payout. If Your Revenue Share for a given month does not reach € 500, PARTNER may hold and accumulate the outstanding amount until the first calendar month in which the total balance (including any carried-over sums) exceeds € 500. Only when Your positive monthly balance surpasses € 500 will a payout be issued.
If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will not be forward to the subsequent month (s).
PARTNER shall provide You with statements accessible through Your personal affiliate page, Website detailing the Referred Customers and Your share of Net Generated Revenues.
High roller Policy If in any given month a Referred Player referred by a You generates a negative Net Revenue of at least € 7,000, this Referred Players will be deemed to be a "High-Roller". If the aggregate commissionable Net Revenue in that given month for You is negative: The negative net revenue generated by the High-Roller will be carried forward and offset against future net revenue generated by that High-Roller; The negative balance carried forward cannot be set-off against other Referred Players' net revenue. The negative balance of a High-Roller will be reduced by future positive net revenue that they generate in subsequent months. A negative balance will not be increased by future negative Net Revenue unless the High-Roller meets the above-mentioned qualifying criteria in subsequent months. You will be able to view all adjustments in order to track the High-Roller's net breakeven point. Adjustments will be made at the end of each calendar month based on the cumulative revenue for the month.
7.2 Should the Account details change, You are solely responsible for the prompt notification of the PARTNER about the aforementioned change. In case You fail to notify the PARTNER about the change in the payment account details, PARTNER shall not be responsible for the failure to execute payment due to such a non-notification.
7.3 You are solely responsible for the protection of the payment account credentials and the related data. Should the change of the account details be caused by a cyber incident and/or Your failure to exercise data protection measures, PARTNER shall not be responsible for the failure to execute payment due to such a change.
7.4 WE RESERVE THE RIGHT TO WITHHOLD AFFILIATE PAYMENTS AND/OR SUSPEND OR CLOSE ACCOUNTS WHERE REFERRED CUSTOMERS ARE FOUND TO BE ABUSING ANY WEBSITE PROMOTIONS, WHETHER DONE WITH,
OR WITHOUT YOUR KNOWLEDGE REGARDLESS OF WHETHER THE
CONCLUDED DEAL HAS A TEST PERIOD OR NOT.
8. A CONTENT LIMITATIONS (DVERTISING POLICY)
8.1 You acknowledge that the Company may, in the course of its internal compliance and risk-control procedures, apply risk-management measures in relation to customer accounts, including the imposition of account limitations or account closure where considered necessary. The exercise of any such measures shall not constitute a breach of this Agreement.
Neither you nor any of your Sub-Affiliates may engage in Unfair Advertising. Unfair Advertising includes any promotional activity that is unlawful, inconsistent with applicable regulatory or industry standards, or contrary to generally accepted ethical principles. Without limitation, this includes advertising that is false, misleading, exploitative of sensitive subject matter, or directed at audiences that are restricted by law, regulation, contract, or policy. Any breach of this Section shall constitute a material breach and may result in the immediate suspension or termination of your affiliate account.
For the avoidance of doubt, prohibited content includes, without limitation:
the use of any real person’s image, voice, likeness, identity, or recognisable representation, including any photo, video, audio, look-alike portrayal, or AI-generated or AI-edited depiction, without that individual’s express consent;
references to, or portrayals of, socially vulnerable persons, including persons in distressed, disadvantaged, or otherwise vulnerable circumstances;
any implication that public figures, public officials, or political leaders endorse, support, or participate in gambling or related activities;
religious content, including religious symbols, sacred writings, religious imagery, or other material liable to offend religious groups or communities;
any depiction of minors, any content designed to appeal to minors, and any references involving pregnant women;
pornographic or explicit sexual content.
themes connected with death, grief, or tragedy;
military themes.
Violence, cruelty, or aggression.
Drugs or alcohol.
8.2 DISCLAIMER. This list is not exhaustive. Content may also be deemed non-compliant where it is likely to breach public moral standards, offend any social group, or create undesirable associations with the advertiser’s brand—even if the topic is not expressly listed above. The same applies to themes that could reasonably be expected to harm public perception, cause controversy, or negatively affect reputation, brand integrity, or legitimate business interests.
8.3 If prohibited content is identified (including any restricted themes described in this Agreement), we may immediately withhold commissions and/or restrict, suspend, or terminate your participation in the Affiliate Program. Such measures may remain in place temporarily or indefinitely while we investigate and verify compliance with applicable law, platform rules, and brand-protection requirements.
Any withholding, suspension, or restriction under this section will be treated as a legitimate compliance and risk-mitigation step and will not be considered a breach of our contractual obligations. All assessments and decisions in this context are made at our sole discretion and shall be final and binding.
9. INTELLECTUAL PROPERTY
9.1 The PARTNER provides You with a non-exclusive, global license to showcase the PARTNER brand attributes and associated content ("PARTNER Content") for the duration of this Agreement. This is strictly for displaying the Links on Your Website as outlined in this Agreement and in line with any guidelines the PARTNER might share periodically. All intellectual property rights, including any goodwill generated from the Links, betting products, related systems, and software linked to the services the PARTNER offers its clients, remain under the ownership of the PARTNER. You’re prohibited from altering the PARTNER Content in any manner without the direct, written permission from the PARTNER.
9.2 It’s essential that Your Website does not mirror the appearance or ambiance of the PARTNER’s site. Furthermore, Your Website shouldn’t give the impression that it’s an extension or segment of the PARTNER’s site.
10. REPRESENTATIONS AND ASSURANCES
10.1 Each party confirms to the other that it is duly authorized to enter into this Agreement and, throughout the Term, will remain entitled to: (i) execute and perform this Agreement, (ii) grant the rights and permissions contemplated herein, and (iii) comply with its obligations under this Agreement. You further confirm that you have obtained, and will keep valid for the duration of this Agreement, all registrations, approvals, permissions, consents, and licenses required for you to perform your obligations.
11. TERM & TERMINATION
11.1 This Agreement shall start on the date that We notify You that Your application has been successful in accordance with Clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 24 hours written notice.
11.2 If You are in material breach of Your obligations within this agreement, PARTNER may bring the term to an end with immediate effect; and cease to cover You any further Revenue Share on You Referred Customers, by written notice to You.
11.3 In the event of identifying violations of the PARTNER’s Advertising Policy, PARTNER reserves the right to terminate the partnership immediately at the same time. These measures are implemented to ensure compliance with legislation, advertising platform rules, and the protection of the PARTNER‘s reputation.
11.4 To prevent termination of Agreement and retain active status, all affiliates are obligated to regularly liaise with the PARTNER and manage outstanding payments. An affiliate will be deemed "temporarily inactive" if they have not requested payments owed to them for a consecutive 12-month period:
Those designated as temporarily inactive will receive a 7-days advance notification at their registered email address.
If no action is taken subsequent to this notice, a monthly administrative fee of 3% of the total outstanding sum will be levied.
11.5 Permanent Inactivity and Agreement Termination:
If an affiliate neglects to manage their payments for a consecutive 18-month span, they will be classified as "permanently inactive".
Any balances owed to a permanently inactive affiliate may be subject to forfeiture by the Company. The Company will have no further obligation or liability to return or reimburse said funds.
12. CONFIDENTIAL INFORMATION
12.1. You agree that the Confidential Information belongs to Our Company, is our property alone, and represents important trade secrets. You agree to take the utmost precautions to protect the Confidential Information and stop its unauthorized disclosure for the duration of this Agreement and for a further three years. Unauthorized use or disclosure could cause the party disclosing irreversible harm. You shall not utilize, reproduce, or disclose any portion of the Confidential Information, except as necessary to fulfill Your obligations under this Agreement or as expressly authorized in writing by Us.
12.2. Upon termination of this Agreement or at Our request, You shall immediately return to Us all materials, in any medium, which contain, embody, reflect, or reference all or any part of any Confidential Information. All documentation, drawings, sketches, models, samples, tools, technical specifications, and other materials shall be returned to Us.
12.3. You are prohibited from making any public announcements, issuing press releases, or engaging in similar communications with the public concerning Your participation in the Affiliate Program without Our prior written consent. The content of such communications must also be approved by Us before any release. Your obligations under this confidentiality Clause shall survive the termination of this Agreement for a period of three years. Any breach of this confidentiality Clause may result in irreparable harm to Us for which damages might not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, We shall be entitled to seek equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is imminent.
13. YOUR PERSONAL DATA
13.1 We are committed to complying with all applicable data protection laws when handling your personal information. Protecting your data is a responsibility we take extremely seriously. For detailed information about how we collect, process, and safeguard your personal data, please refer to our Privacy Policy.
14. GENERAL PROVISIONS
14.1 The parties acknowledge that this Agreement constitutes the full and exclusive expression of their mutual understanding, replacing any prior arrangements or communications relating to the same subject matter. Nothing in this provision limits liability for fraud. If any term within this Agreement is deemed invalid or unenforceable by a court or relevant authority, all remaining provisions shall continue to apply in full and remain legally effective.
14.2 All notices addressed to PARTNER under this Agreement must be sent via email to: info@tempoaffiliates.com. Any notices issued by PARTNER to You will be delivered to the email address provided in Your application or to any updated address You subsequently supply to PARTNER.
14.3 This Agreement shall not be interpreted as establishing a partnership, joint venture, or agency relationship between the parties. Neither party is authorized to act on behalf of, represent, or legally bind the other in any capacity.
14.4 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
14.5 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of Republic of Cyprus. Each party irrevocably submits to the exclusive jurisdiction of Cyprus courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
14.6 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
15. GENERAL PROVISIONS
15.1 Indemnification. You are solely responsible for your (and any Sub-Affiliate's) marketing activities, including ensuring that such activities comply with all applicable laws, regulations, and standards. You (the "Indemnifying Party") will, upon demand, indemnify and hold harmless PARTNER and its affiliates/associates, and each of their respective officers, directors, employees, agents, shareholders, and partners (each an "Indemnified Party") from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including, without limitation, consequential losses, loss of profit, and reasonable legal fees and expenses, together with any applicable VAT) arising out of or in connection with, directly or indirectly: (i) any breach of this Agreement by you and/or your Sub-Affiliates, (ii) any failure by you and/or your Sub-Affiliates to perform obligations or observe warranties under this Agreement, or (iii) any violation of applicable laws or regulations by you and/or your Sub-Affiliates.
15.2 Exclusion of liability. Nothing in this Agreement excludes or limits PARTNER’s liability for (a) death or personal injury caused by PARTNER's negligence, or (b) fraud.
15.2.1 PARTNER shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses Were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.
15.2.2 The liability of PARTNER shall not, in any event, exceed the sum of the total monies paid by PARTNER to You over the 6-month period preceding the date on which such liability accrued.
15.3 Excluded losses. To the maximum extent permitted by law, PARTNER will not be liable under contract, tort (including negligence), or otherwise for any: loss of revenue, profit, contracts, business, or anticipated savings; loss of goodwill or reputation; or any indirect, special, or consequential loss, whether or not foreseeable or contemplated by the parties as of the Effective Date.
15.4 Liability cap. To the extent PARTNER is found liable under or in connection with this Agreement, PARTNER’s total aggregate liability will not exceed the total amounts actually paid by PARTNER to you during the six (6) months immediately preceding the date the relevant liability first arose.
15.5 Force majeure. Neither party will be responsible to the other for any delay or failure to perform to the extent caused by events beyond its reasonable control, including, without limitation, industrial disputes, strikes, labor disturbances, acts of God, terrorism, flood, lightning, utility or communications outages, earthquakes, or other casualty events. The affected party will be excused from performance only for the period and to the extent performance is prevented by the force majeure event. If the force majeure event continues for more than thirty (30) days, either party may terminate this Agreement with immediate effect by written notice.
15.6 Website availability disclaimer. We do not guarantee that the PARTNER website will operate without interruption or errors, and we will not be liable for any consequences resulting from downtime, interruptions, or technical faults.
16. POLICY CHANGES
16.1. This Policy may be amended by us from time to time at our sole discretion. Except where applicable law provides otherwise, we are not required to give you prior notice of such amendments or obtain your consent to them. The version of the Policy published on our website from time to time shall take effect upon publication and shall replace any previous version in full.
Tempoaffiliates.com
Updated on: March 30, 2026
INTRUDUCTION
These provisions apply to your participation in the Tempoaffiliates.com Affiliate Program and govern the relationship between you and Tempoaffiliates.com ("we," "us," or "our"). Our Terms and Conditions are incorporated by reference into this Agreement and shall be deemed an integral part of it.
You must read this Agreement carefully before submitting your application to the Affiliate Program. By registering, you acknowledge and accept all of its terms. If you do not agree to any provision of this Agreement, you must not proceed with your registration.
Any questions regarding this Agreement may be directed to info@tempoaffiliates.com
(the "Contact Email").
1. INTERPRETATION AND DEFINITIONS
In this Affiliate Agreement, the words and expressions listed in this section are interpreted as defined below, except where the context requires a different interpretation:
"Affiliate" - you, the applicant—whether an individual or organization—seeking admission to the Affiliate Program.
"Affiliate Program" means the collaboration between us and you, in which you place links from your Affiliate Website (s) to the PARTNER site and earn the commission structure set out here, based on the volume and quality of traffic delivered.
"Affiliate Sign up Form" is a specific type of document that an individual or entity must complete and submit to enroll in an affiliate program. This form typically requires the prospective affiliate to provide personal and, if applicable, business information, as Well as details about preferred payment methods and tax information.
"Affiliate Website (s)" means one or more Websites on the Internet which are maintained and operated by the Affiliate.
"CPA" - means "cost per acquisition". "Acquisition" shall mean the first-time deposit ("FTD") of the referred player.
"Confidential Information" refers to any and all proprietary information, technical data, trade secrets, or know-how, including but not limited to research, services, customer lists, markets, software, developments, inventions, designs, drawings, engineering, finances, or any other business information disclosed by Us to You.
"Hybrid deals" means a fixed payment of CPA and Revenue Share (RS) part to be paid to the Affiliate in respect of each new player who makes a Deposit with taking into account the agreed established baseline; PARTNER reserves the right to set up a trial period for all new concluded CPA and hybrid deals. This concept includes checking the quality of traffic prior to receiving the first 20 FTDs during a test period of the 1st month of cooperation. After that, the parties discuss the results and make a decision on the further continuation of cooperation. In case of CPA and hybrid deals that bring less than 5 FTD during the 1st month trial period, PARTNER reserves the right to terminate cooperation and leave at its discretion the payment for this result.
"Insertion order or IO" is a specific order for advertising. It’s a contract that details a specific advertising campaign’s parameters, including where and when ads will be inserted, how much it will cost, what the payment terms are, and other related details.
"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and Web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Net Generated Revenues (NGR)" means the sum of PARTNER's net revenue generated by all Your referrals in the space of a calendar month. NRG, calculated on a monthly basis, means the monthly gross revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rake back, cashbacks and chargebacks.
"New Depositing Player" means a New Customer/Player who has made a first minimum deposit with PARTNER where this latter is Used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with PARTNER within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.
"Referred Customers" means customers who have no prior account with Our Website and have signed up for an account with Us with Your affiliate tracking code attached.
"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.
"Reward Plan" - shall mean the CPA commission paid by Affiliate for the FTD of the referred player. In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold any payments of the Reward Plan for any customer accounts including, but not limited to, bonus abuser customer accounts, suspended and/or closed customer accounts, customer accounts suspended and/or closed due to fraud, customer accounts subject to selfexclusion or any other customer account which the PARTNER in its sole discretion deems it necessary to suspend and/or close.
"Sub-Affiliate" means an individual and/or entity that an Affiliate directs in any appropriate manner to PARTNER and who can be linked to the Affiliate’s unique Affiliate account/identity, which person or entity becomes an Affiliate of PARTNER.
"Your Website" the Website which You notify Us on the Affiliate Sign up Form.
2. ENROLLMENT TERMS
2.1 Participation in the Affiliate Program is subject to PARTNER's prior approval. To apply, you must first accept these Terms & Conditions and then complete and submit the online application form, ensuring that all information provided is accurate, up to date, and complete. PARTNER may approve or decline any application at its sole discretion and will communicate its decision by email.
If your application is accepted, your involvement in the Affiliate Program will remain subject to full compliance with this Agreement in connection with any marketing or promotion of PARTNER's services. Any additional steps required for onboarding will be set out in the approval email. These Terms & Conditions govern the general operation of the Affiliate Program, while the specific commercial terms between the parties, including applicable rates and other transaction-specific conditions, shall be agreed separately in an Insertion Order.
2.2 = PARTNER reserves the right to amend this Agreement from time to time. In the event of any material changes, notice will be sent to the email address associated with your account no later than five (5) days before the updated version is published in the Affiliate Terms & Conditions section.
If you do not agree to the revised terms, you must terminate this Agreement in accordance with the applicable termination provisions. Your continued participation in the Affiliate Program after the expiry of the notice period, including any actions indicating compliance with or reliance on the amended terms, shall be deemed your full and binding acceptance of such amendments.
3. USE OF AFFILIATE LINKS
3.1 You are required to use the affiliate links provided by PARTNER (the "Links") strictly in the format supplied. Unless PARTNER has given its prior written approval, you must not modify or interfere with any aspect of a Link, including its appearance, functionality, tracking features, destination, or placement.
3.2 Links must not be displayed, promoted, or made available on any site, page, or channel that is intended for, likely to appeal to, or reasonably accessible by persons under 18.
3.3 Marketing or placing Links in prohibited jurisdictions is not permitted. Before launching any campaign, you must obtain written confirmation from PARTNER specifying the permitted geographic markets (the approved "GEOs").
3.4 If you plan to publish or distribute Links on any third-party property (including platforms, accounts, or websites you do not own or control), you must receive PARTNER’s written approval in advance.
3.5 Non-Compliance. If you fail to comply with any requirement relating to the Links under this Agreement, PARTNER may deactivate the Links at any time, with or without prior notice. In addition, PARTNER may, by written notice, terminate this Agreement with immediate effect and cease making any future revenue share payments arising from customers referred by you.
4. COMPENSATION STRUCTURE AND COMMERCIAL TERMS
4.1. PARTNER does not maintain a uniform commission structure applicable to all affiliates. The remuneration payable to you shall be determined on an individual basis, having regard to the specific arrangement agreed between you and PARTNER and the level of contribution expected from you. Such remuneration may take the form of either a fixed fee or a percentage-based payment.
The applicable compensation model and corresponding rates must be agreed directly with PARTNER and reflected in the relevant commercial documents, including, where applicable, an Insertion Order.
5. PARTNER’S RIGHTS AND OBLIGATIONS
5.1 PARTNER may, at its sole discretion, reject, revoke, or otherwise discontinue any Affiliate application at any time.
5.2 PARTNER shall make available to the Affiliate the marketing assets and information reasonably required to promote the Affiliate Program.
5.3 PARTNER will operate and manage the tracking system for activity generated through the Links, maintain net revenue records, determine amounts payable to the Affiliate, and provide access to related customer/player performance data and reports.
5.4 PARTNER has the exclusive right to refuse any New Customer registration and to suspend, restrict, or terminate any such Customer account whenever PARTNER considers it appropriate, including to meet internal policies or other requirements set by PARTNER.
5.5 PARTNER may review and monitor the Affiliate’s website (s) and/or placements to verify compliance with this Agreement. The Affiliate shall provide information reasonably requested for such checks.
5.6 PARTNER will provide the tracking Links for use on the Affiliate’s approved properties and may amend, replace, or update those Links from time to time.
5.7 PARTNER will use reasonable efforts to attribute a registering Customer to the Affiliate where the Customer signs up through the Affiliate’s Link containing the applicable tracking code. If attribution cannot be established for any reason, PARTNER will have no liability to the Affiliate in respect of that Customer.
6. RESTRICTED PRACTICES, COMPLIANCE, AND ENFORCEMENT
6.1 You are strictly prohibited from providing any form of incentive, reward, or bonus to your Referred Customers unless you have obtained explicit prior written approval from PARTNER. Should PARTNER determine that this rule has been violated, your Affiliate Agreement may be terminated, and all future Revenue Share payments connected to such referrals may be permanently withheld.
Neither you nor any member of your immediate family (including, but not limited to, your spouse or partner, parents, children, or siblings) may earn Revenue Share from any accounts that you or your relatives have registered or used. Additionally, you are not permitted to alter, interfere with, disable, circumvent, or replace any functional element of the PARTNER website, including but not limited to buttons, links, or other interactive features.
Affiliates and their Sub-Affiliates are strictly prohibited from earning commissions through self-referrals or by manipulating tracking links for personal benefit. Any effort to artificially increase income through fraudulent or misleading practices is strictly forbidden.
6.2 You and all Sub-Affiliates must, at all times, comply with all applicable laws and regulations relating to gambling advertising/marketing and data protection/privacy. This includes, without limitation, the European Directive 2002/58/EC (ePrivacy), GDPR (EU) 2016/679, and any implementing national legislation and binding regulatory measures.
SPECIFICALLY:
You may not in any way advertise to Customers which did not expressly and clearly consent to receive marketing communications, or which consent You didn’t store and are not able to prove anytime, or to Customer's which data have been processed in breach of any Data Protection laws and regulations
Every email shall clearly indicate its origins from You and not from Us.
Every marketing email shall contain a clear link to unsubscribe from further marketing emails.
6.3 We may terminate this Agreement with immediate effect if we reasonably believe you have violated any gambling advertising requirements or any data protection/privacy law. You will not be entitled to commissions arising from traffic or registrations that you knew or ought reasonably to have known were generated improperly, regardless of whether such activity causes us loss. Where we have reasonable grounds to suspect such traffic, we may withhold any amounts otherwise payable to you under this Agreement pending review and/or permanently.
6.4 You must not generate traffic, registrations, or activity using bots, scripts, automation tools, click farms, or any method intended to simulate genuine user behavior. Any such conduct is deemed deceptive and constitutes a material breach, which may result in immediate account closure and forfeiture of commissions. PARTNER may implement monitoring and preventative measures to detect and address such activity.
Unless expressly agreed in writing by PARTNER, you must not bid on, purchase, or use PARTNER’s intellectual property in paid search or advertising (including branded keywords, trademarks, trade names, and any variations or misspellings). You must not register, use, or promote domains (or subdomains) that are identical or confusingly similar to PARTNER's domains or marks, or that could reasonably be mistaken for them. Any breach may lead to immediate termination and the consequences stated elsewhere in this Agreement (including the relevant termination/withholding provisions).
You acknowledge that promotion aimed at the Swedish market and/or use of the Swedish language may be legally restricted in Sweden, and promotion aimed at the Netherlands market and/or use of the Dutch language may be legally restricted in the Netherlands. Any such restricted targeting, if undertaken, will be treated as a breach and may result in immediate closure of your account/relationship.
6.5 Where you target or market to Customers in the United Kingdom, you must comply with the gambling advertising rules and codes issued by the Committees of Advertising Practice (CAP and BCAP) and enforced by the Advertising Standards Authority (ASA). You must ensure that marketing communications—particularly those referring to free bets, bonuses, or promotional offers—are not misleading by action or omission.
Promotions must present significant conditions clearly and with adequate prominence within the advert where practicable. If the format is genuinely space-limited (e.g., banner ads), the significant conditions must be accessible no more than one click away. Practices that may be non-compliant include (without limitation): terms hidden below the fold; terms only visible after scrolling; ad clicks leading straight to join/login flows without presenting promotion conditions with appropriate prominence. These standards apply across channels, including social media, email, display advertising, and print. We may terminate this Agreement immediately and without notice if, in our reasonable opinion, you breach these UK advertising requirements.
6.6 You and any Sub-Affiliates must comply with PARTNER’s Advertising Policy for the full term of this Agreement. The current Advertising Policy is available from your account manager. Any breach may be treated as a material violation. If non-compliance is identified or reasonably suspected, we may, at our discretion, suspend campaigns, disable tracking, and/or pause, reduce, or withhold payments (whether for specific violations or across the relationship). We may also retain amounts for a reasonable period while investigating, verifying compliance, and resolving any disputes, to protect legal compliance, platform requirements, and brand integrity.
7. PAYMENT TERMS AND FINANCIAL CONDITIONS
7.1 Affiliate commissions will be credited to Your designated account under the following conditions:
A minimum of € 500 is required for a monthly payout. If Your Revenue Share for a given month does not reach € 500, PARTNER may hold and accumulate the outstanding amount until the first calendar month in which the total balance (including any carried-over sums) exceeds € 500. Only when Your positive monthly balance surpasses € 500 will a payout be issued.
If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will not be forward to the subsequent month (s).
PARTNER shall provide You with statements accessible through Your personal affiliate page, Website detailing the Referred Customers and Your share of Net Generated Revenues.
High roller Policy If in any given month a Referred Player referred by a You generates a negative Net Revenue of at least € 7,000, this Referred Players will be deemed to be a "High-Roller". If the aggregate commissionable Net Revenue in that given month for You is negative: The negative net revenue generated by the High-Roller will be carried forward and offset against future net revenue generated by that High-Roller; The negative balance carried forward cannot be set-off against other Referred Players' net revenue. The negative balance of a High-Roller will be reduced by future positive net revenue that they generate in subsequent months. A negative balance will not be increased by future negative Net Revenue unless the High-Roller meets the above-mentioned qualifying criteria in subsequent months. You will be able to view all adjustments in order to track the High-Roller's net breakeven point. Adjustments will be made at the end of each calendar month based on the cumulative revenue for the month.
7.2 Should the Account details change, You are solely responsible for the prompt notification of the PARTNER about the aforementioned change. In case You fail to notify the PARTNER about the change in the payment account details, PARTNER shall not be responsible for the failure to execute payment due to such a non-notification.
7.3 You are solely responsible for the protection of the payment account credentials and the related data. Should the change of the account details be caused by a cyber incident and/or Your failure to exercise data protection measures, PARTNER shall not be responsible for the failure to execute payment due to such a change.
7.4 WE RESERVE THE RIGHT TO WITHHOLD AFFILIATE PAYMENTS AND/OR SUSPEND OR CLOSE ACCOUNTS WHERE REFERRED CUSTOMERS ARE FOUND TO BE ABUSING ANY WEBSITE PROMOTIONS, WHETHER DONE WITH,
OR WITHOUT YOUR KNOWLEDGE REGARDLESS OF WHETHER THE
CONCLUDED DEAL HAS A TEST PERIOD OR NOT.
8. A CONTENT LIMITATIONS (DVERTISING POLICY)
8.1 You acknowledge that the Company may, in the course of its internal compliance and risk-control procedures, apply risk-management measures in relation to customer accounts, including the imposition of account limitations or account closure where considered necessary. The exercise of any such measures shall not constitute a breach of this Agreement.
Neither you nor any of your Sub-Affiliates may engage in Unfair Advertising. Unfair Advertising includes any promotional activity that is unlawful, inconsistent with applicable regulatory or industry standards, or contrary to generally accepted ethical principles. Without limitation, this includes advertising that is false, misleading, exploitative of sensitive subject matter, or directed at audiences that are restricted by law, regulation, contract, or policy. Any breach of this Section shall constitute a material breach and may result in the immediate suspension or termination of your affiliate account.
For the avoidance of doubt, prohibited content includes, without limitation:
the use of any real person’s image, voice, likeness, identity, or recognisable representation, including any photo, video, audio, look-alike portrayal, or AI-generated or AI-edited depiction, without that individual’s express consent;
references to, or portrayals of, socially vulnerable persons, including persons in distressed, disadvantaged, or otherwise vulnerable circumstances;
any implication that public figures, public officials, or political leaders endorse, support, or participate in gambling or related activities;
religious content, including religious symbols, sacred writings, religious imagery, or other material liable to offend religious groups or communities;
any depiction of minors, any content designed to appeal to minors, and any references involving pregnant women;
pornographic or explicit sexual content.
themes connected with death, grief, or tragedy;
military themes.
Violence, cruelty, or aggression.
Drugs or alcohol.
8.2 DISCLAIMER. This list is not exhaustive. Content may also be deemed non-compliant where it is likely to breach public moral standards, offend any social group, or create undesirable associations with the advertiser’s brand—even if the topic is not expressly listed above. The same applies to themes that could reasonably be expected to harm public perception, cause controversy, or negatively affect reputation, brand integrity, or legitimate business interests.
8.3 If prohibited content is identified (including any restricted themes described in this Agreement), we may immediately withhold commissions and/or restrict, suspend, or terminate your participation in the Affiliate Program. Such measures may remain in place temporarily or indefinitely while we investigate and verify compliance with applicable law, platform rules, and brand-protection requirements.
Any withholding, suspension, or restriction under this section will be treated as a legitimate compliance and risk-mitigation step and will not be considered a breach of our contractual obligations. All assessments and decisions in this context are made at our sole discretion and shall be final and binding.
9. INTELLECTUAL PROPERTY
9.1 The PARTNER provides You with a non-exclusive, global license to showcase the PARTNER brand attributes and associated content ("PARTNER Content") for the duration of this Agreement. This is strictly for displaying the Links on Your Website as outlined in this Agreement and in line with any guidelines the PARTNER might share periodically. All intellectual property rights, including any goodwill generated from the Links, betting products, related systems, and software linked to the services the PARTNER offers its clients, remain under the ownership of the PARTNER. You’re prohibited from altering the PARTNER Content in any manner without the direct, written permission from the PARTNER.
9.2 It’s essential that Your Website does not mirror the appearance or ambiance of the PARTNER’s site. Furthermore, Your Website shouldn’t give the impression that it’s an extension or segment of the PARTNER’s site.
10. REPRESENTATIONS AND ASSURANCES
10.1 Each party confirms to the other that it is duly authorized to enter into this Agreement and, throughout the Term, will remain entitled to: (i) execute and perform this Agreement, (ii) grant the rights and permissions contemplated herein, and (iii) comply with its obligations under this Agreement. You further confirm that you have obtained, and will keep valid for the duration of this Agreement, all registrations, approvals, permissions, consents, and licenses required for you to perform your obligations.
11. TERM & TERMINATION
11.1 This Agreement shall start on the date that We notify You that Your application has been successful in accordance with Clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 24 hours written notice.
11.2 If You are in material breach of Your obligations within this agreement, PARTNER may bring the term to an end with immediate effect; and cease to cover You any further Revenue Share on You Referred Customers, by written notice to You.
11.3 In the event of identifying violations of the PARTNER’s Advertising Policy, PARTNER reserves the right to terminate the partnership immediately at the same time. These measures are implemented to ensure compliance with legislation, advertising platform rules, and the protection of the PARTNER‘s reputation.
11.4 To prevent termination of Agreement and retain active status, all affiliates are obligated to regularly liaise with the PARTNER and manage outstanding payments. An affiliate will be deemed "temporarily inactive" if they have not requested payments owed to them for a consecutive 12-month period:
Those designated as temporarily inactive will receive a 7-days advance notification at their registered email address.
If no action is taken subsequent to this notice, a monthly administrative fee of 3% of the total outstanding sum will be levied.
11.5 Permanent Inactivity and Agreement Termination:
If an affiliate neglects to manage their payments for a consecutive 18-month span, they will be classified as "permanently inactive".
Any balances owed to a permanently inactive affiliate may be subject to forfeiture by the Company. The Company will have no further obligation or liability to return or reimburse said funds.
12. CONFIDENTIAL INFORMATION
12.1. You agree that the Confidential Information belongs to Our Company, is our property alone, and represents important trade secrets. You agree to take the utmost precautions to protect the Confidential Information and stop its unauthorized disclosure for the duration of this Agreement and for a further three years. Unauthorized use or disclosure could cause the party disclosing irreversible harm. You shall not utilize, reproduce, or disclose any portion of the Confidential Information, except as necessary to fulfill Your obligations under this Agreement or as expressly authorized in writing by Us.
12.2. Upon termination of this Agreement or at Our request, You shall immediately return to Us all materials, in any medium, which contain, embody, reflect, or reference all or any part of any Confidential Information. All documentation, drawings, sketches, models, samples, tools, technical specifications, and other materials shall be returned to Us.
12.3. You are prohibited from making any public announcements, issuing press releases, or engaging in similar communications with the public concerning Your participation in the Affiliate Program without Our prior written consent. The content of such communications must also be approved by Us before any release. Your obligations under this confidentiality Clause shall survive the termination of this Agreement for a period of three years. Any breach of this confidentiality Clause may result in irreparable harm to Us for which damages might not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, We shall be entitled to seek equitable relief, including both a preliminary and permanent injunction, if such a breach occurs or is imminent.
13. YOUR PERSONAL DATA
13.1 We are committed to complying with all applicable data protection laws when handling your personal information. Protecting your data is a responsibility we take extremely seriously. For detailed information about how we collect, process, and safeguard your personal data, please refer to our Privacy Policy.
14. GENERAL PROVISIONS
14.1 The parties acknowledge that this Agreement constitutes the full and exclusive expression of their mutual understanding, replacing any prior arrangements or communications relating to the same subject matter. Nothing in this provision limits liability for fraud. If any term within this Agreement is deemed invalid or unenforceable by a court or relevant authority, all remaining provisions shall continue to apply in full and remain legally effective.
14.2 All notices addressed to PARTNER under this Agreement must be sent via email to: info@tempoaffiliates.com. Any notices issued by PARTNER to You will be delivered to the email address provided in Your application or to any updated address You subsequently supply to PARTNER.
14.3 This Agreement shall not be interpreted as establishing a partnership, joint venture, or agency relationship between the parties. Neither party is authorized to act on behalf of, represent, or legally bind the other in any capacity.
14.4 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
14.5 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of Republic of Cyprus. Each party irrevocably submits to the exclusive jurisdiction of Cyprus courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
14.6 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
15. GENERAL PROVISIONS
15.1 Indemnification. You are solely responsible for your (and any Sub-Affiliate's) marketing activities, including ensuring that such activities comply with all applicable laws, regulations, and standards. You (the "Indemnifying Party") will, upon demand, indemnify and hold harmless PARTNER and its affiliates/associates, and each of their respective officers, directors, employees, agents, shareholders, and partners (each an "Indemnified Party") from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including, without limitation, consequential losses, loss of profit, and reasonable legal fees and expenses, together with any applicable VAT) arising out of or in connection with, directly or indirectly: (i) any breach of this Agreement by you and/or your Sub-Affiliates, (ii) any failure by you and/or your Sub-Affiliates to perform obligations or observe warranties under this Agreement, or (iii) any violation of applicable laws or regulations by you and/or your Sub-Affiliates.
15.2 Exclusion of liability. Nothing in this Agreement excludes or limits PARTNER’s liability for (a) death or personal injury caused by PARTNER's negligence, or (b) fraud.
15.2.1 PARTNER shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses Were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.
15.2.2 The liability of PARTNER shall not, in any event, exceed the sum of the total monies paid by PARTNER to You over the 6-month period preceding the date on which such liability accrued.
15.3 Excluded losses. To the maximum extent permitted by law, PARTNER will not be liable under contract, tort (including negligence), or otherwise for any: loss of revenue, profit, contracts, business, or anticipated savings; loss of goodwill or reputation; or any indirect, special, or consequential loss, whether or not foreseeable or contemplated by the parties as of the Effective Date.
15.4 Liability cap. To the extent PARTNER is found liable under or in connection with this Agreement, PARTNER’s total aggregate liability will not exceed the total amounts actually paid by PARTNER to you during the six (6) months immediately preceding the date the relevant liability first arose.
15.5 Force majeure. Neither party will be responsible to the other for any delay or failure to perform to the extent caused by events beyond its reasonable control, including, without limitation, industrial disputes, strikes, labor disturbances, acts of God, terrorism, flood, lightning, utility or communications outages, earthquakes, or other casualty events. The affected party will be excused from performance only for the period and to the extent performance is prevented by the force majeure event. If the force majeure event continues for more than thirty (30) days, either party may terminate this Agreement with immediate effect by written notice.
15.6 Website availability disclaimer. We do not guarantee that the PARTNER website will operate without interruption or errors, and we will not be liable for any consequences resulting from downtime, interruptions, or technical faults.
16. POLICY CHANGES
16.1. This Policy may be amended by us from time to time at our sole discretion. Except where applicable law provides otherwise, we are not required to give you prior notice of such amendments or obtain your consent to them. The version of the Policy published on our website from time to time shall take effect upon publication and shall replace any previous version in full.
