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Terms and Conditions

This document represents the "Affiliate Agreement" established between you ("you" or "Affiliate") and Affivalue.com ("Company" or "we" or "Affiliate Program").

By enrolling in the Affivalue.com Affiliate Program, as well as by utilizing our marketing tools or accepting any incentives, rewards, bonuses, or commissions, whether specified in this Affiliate Agreement or elsewhere as part of our program, you are acknowledging that you have thoroughly reviewed, comprehended, and consented to the terms and conditions within this agreement.

We reserve the right to make periodic updates to this Agreement. Although we will make an effort to inform you of such changes, we strongly recommend that you routinely check this page. Your continued use of the Affiliate Program signifies your agreement to the revised Agreement.

1. Definitions

1.1 "Affiliate" refers to you, the individual or entity that applies for participation in the Affivalue.com Affiliate Program.

1.2 "Affiliate Account" pertains to the Affiliate's account created after submission of an Affiliate Application to join the Affiliate Program, which has been approved by Affivalue.com.

1.3 "Affiliate Agreement" encompasses (i) all the provisions delineated in this document, (ii) the terms and conditions of Commission Structures relevant to various products and brands, and (iii) any other regulations or guidelines presented by Affivalue.com and/or our associated websites as communicated to the Affiliate from time to time.

The contractual instrument is governed by these Terms and Conditions, any reference to the "Agreement" therein also includes a reference to these Terms and Conditions. It's important to note that these Terms and Conditions supersede any other terms and conditions applicable to such contractual instruments between the Parties.

1.4 "Affiliate Application" signifies the application submitted by the Affiliate to partake in the Affiliate Program.

1.5 "Affiliate Links" denotes the hyperlinks used by the Affiliate to link from their Affiliate Website(s) or any third-party website to the Websites

1.6 "Affiliate Program" refers to the collaborative arrangement between the Affiliate and Affivalue.com, in which the Affiliate promotes Operator Websites and generates Affiliate Links from their Affiliate Website(s) to Operator Websites. The Affiliate is compensated with a commission based on the traffic generated to the Operator Websites, subject to the terms stipulated in this Affiliate Agreement and the applicable product-specific Commission Structure.

1.7 „Affiliate Network” refers to an individual and/or entity with whom You have a business relationship, operating on Your behalf to drive traffic to the Websites. This entity does not have an Affiliate Account directly with AffiValue but is linked to Your Affiliate Account.

1.8 "Affiliate Wallet" is an online wallet in the Affiliate's name, maintained by the Company to disburse commissions and other payments due to the Affiliate, which the Affiliate may withdraw in accordance with the Affiliate Agreement.

1.9 "Affiliate Website" designates any website managed, operated, or otherwise controlled by the Affiliate.

1.10 „Balances Carried Over” or „Negative Carryover” refers to any negative net earnings generated by customers referred by the affiliate within a specific period and are not reset to zero at the end of said period. In the commission calculation where Net Win or Net Gaming Revenue is negative due to Customer winnings, Cash Items, and/or Progressive Contributions, the balance will be set to zero, if not otherwise stated. However, a negative balance due to Fraud Costs will be carried over where applicable.

1.11 „Chargeback” means the reversal of a payment made previously to us by a Referred Customer or the credit card-issuing bank or any other third-party payments solution provider. Chargebacks are considered Fraud for calculating net revenues.

1.12 „Commission” refers to the amounts owed to you by AffiValue for the services provided in accordance with this Agreement, calculated under the revenue-share model, cost-per-acquisition model, hybrid model, or any other model, as applicable.

1.13 „Sub-Affiliate/s” refers to an individual/corporate entity/organization that You have a business relationship with and who operates for You to drive traffic to the Websites.

1.14 The term "Company" refers to Affivalue.com and any other entities within our corporate group, including our parent companies, their parent companies, and all subsidiaries of these respective companies (“a Group Company”).

1.15 "Company Websites" indicates any websites operated by the Company, any Group Company or any other partner company that is integrated into this Affiliate Program, and may be included or periodically amended into these Terms & Conditions, including betmaximus.win, slotgems.com.

1.16 "Commission" refers to the amounts owed to you by AffiValue for the services provided in accordance with this Agreement, calculated under the revenue-share model, cost-per-acquisition model, hybrid model, or any other model, as applicable in accordance with the Commission Structure or otherwise stated.

1.17 "Commission Structure" pertains to any distinct reward structure mutually agreed upon between the Company and the Affiliate.

1.18 "Confidential Information" encompasses any commercially or fundamentally valuable data regarding the Company, such as financial reports, trade secrets, proprietary knowledge, pricing and customized quotes, business information, products, strategies, databases, technology, information related to New Customers, other customers, and users of Operator Websites, marketing plans, and operational procedures.

1.19 "Intellectual Property Rights" comprises copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforementioned, and any similar rights of a similar nature.

1.20 "Net Gaming Revenue" or "NGR" encompasses all funds received by the Company from New Customers as wagers, minus (a) winnings paid to New Customers, (b) granted bonuses, (c) net balance adjustments, (d) administrative fees, (e) expenses related to fraud and chargebacks. To clarify, all Net Gaming Revenue amounts mentioned above are exclusively associated with New Customers referred to Operator Websites by the Affiliate Website(s).

1.21 „New Customer” or „Referred Customer” means any person: (i) who has not previously registered an account with the Sites and/or any other website and/or application owned and/or operated by the Company and/or the Operators and/or any other Group Company; (ii) who clicks on a Link which the Affiliate displays on the Affiliate Marketing in accordance with the Agreement and such person is directly sent to one of the Sites; (iii) following the foregoing, immediately registers with the Site; (iv) makes the required minimum real money deposit with such Sites within 30 days of registering with the relevant Site and (iv) meets any other qualifications based on gaming activity which the Company and/or any of the Operators may add from time to time at its discretion; This category excludes the Affiliate, its personnel, relatives and friends.

1.22 The term "Parties" collectively refers to the Company and the Affiliate, with each entity being considered a "Party."

1.23 "Personal Data" pertains to any information concerning any individual or legal entity that can be directly or indirectly identified.

1.24 “Fraud” refers to any fraudulent activities conducted by an Affiliate and/or a Referred Customer, as determined solely by us, and intentionally carried out by a Referred Customer and/or an Affiliate to gain a real or potential, unfair, or unlawful advantage. This includes, but is not limited to:

  • Chargebacks;
  • Bonus abuse by a Referred Customer or a group of Referred Customers;
  • Your (or a third party’s) encouragement of a Referred Customer to exploit our bonus offers;
  • Collusion between the Referred Customer and any other Referred Customer;
  • Your (or a third party’s) offering or providing unauthorized incentives (financial or otherwise) to potential Referred Customers to persuade them to sign up;
  • Dropping or stuffing cookies;
  • A Referred Customer maintaining multiple accounts.

1.25 „Fraud Costs” refer to the costs incurred (financial or otherwise) by us as a direct or indirect result of Fraud committed by you, your employees, Sub-Affiliates, business partners, Referred Customers, and/or third parties linked to your Affiliate Account.

2. AFFILIATE RESPONSABILITIES

2.1 Registration as an Affiliate

When you complete the Affiliate Application, you must acknowledge and accept the Affiliate Agreement by checking the corresponding box. The Affiliate Application forms an integral part of this agreement.

The decision to approve an Affiliate Application lies within our discretion, and our determination is final, not subject to any further appeal. We will communicate the approval or rejection of the Affiliate Application to you via email.

You are obligated to furnish any documentation requested by the Company to verify the Affiliate Application and to validate the information in your Affiliate Account at any time during the term of this Affiliate Agreement. Such documentation may encompass, but is not confined to, bank statements, individual or corporate identification documents, and proof of address.

It is your sole responsibility to ensure that the information you provide when registering with the Affiliate Program is accurate and that it remains up-to-date at all times.

2.2 Protection of Affiliate Login Details

You are solely responsible for safeguarding the confidentiality and security of your Affiliate Account login details at all times.

Any unauthorized use of your Affiliate Account due to your failure to adequately protect your login information is your sole responsibility. You are liable for all activities carried out under your Affiliate Account user ID and password, whether initiated by you or not. It is your duty to promptly report any suspected illegal or unauthorized use of your Affiliate Account.

2.3 Participation in the Affiliate Program

The Affiliate Program is designed for your direct engagement. Establishing an Affiliate Account on behalf of a third party, brokering, or transferring an Affiliate Account is not permitted. Affiliates interested in transferring an account to a different beneficial owner must contact us and request approval. Moreover, you shall not create more than one Affiliate Account without our prior written consent.

By committing to participate in the Affiliate Program, you agree to actively promote, advertise, and market the Operator Websites in accordance with the terms of this Affiliate Agreement and any instructions provided by the Company from time to time. You must ensure that all actions undertaken under this Affiliate Agreement are in the best interests of the Company and do not tarnish the Company's reputation or goodwill in any way.

You may create links to the Company Websites using the approved Affiliate Links or other materials as periodically authorized by us. This is the only sanctioned method for representing us.

2.4 Management of the Affiliate Website

You are solely responsible for the development, operation, and maintenance of your Affiliate Website, along with all content featured on it. The Affiliate Website must consistently comply with all applicable laws, including the General Data Protection Regulation (GDPR), and operate as a professional website.

You shall not present the Affiliate Website in a manner that causes confusion with the Operator Websites or implies ownership or operation by the Company.

The Affiliate Website must not contain any defamatory, libelous, discriminatory, or otherwise inappropriate content, including but not limited to violent, obscene, derogatory, or pornographic material, or any content that violates the laws of the target country.

2.5 Genuine Traffic and Good Faith

You are prohibited from generating traffic to Operator Websites through the registration of New Customers, whether directly or indirectly (e.g., using associates, family members, or third parties). Such actions will be considered fraudulent.

You should also refrain from attempting to profit from traffic not acquired in good faith. If you have a reasonable suspicion that any New Customer referred by you is associated with bonus abuse, money laundering, fraud, or other misuse of remote gaming websites, you must promptly notify us.

You acknowledge that any New Customer identified as a bonus abuser, money launderer, fraudster, or involved in any form of affiliate fraud (whether reported by you or discovered later by us) is not considered a valid New Customer under this Affiliate Agreement, and no Commission will be payable for such customers.

You also acknowledge that if 50% of the New Customers within your total traffic volume make only a minimum first deposit in the current month, this traffic may be considered motivated under the Affiliate Agreement, and the Commission for such New Customers may be subject to freezing or non-payment, as determined by the Company.

The Company reserves the right to unilaterally cancel the current agreement and establish a new agreement with one (1) business day's notice. Reasons for cancellation may include, but are not limited to:

  1. Low-quality traffic;
  2. Low conversion rates that could lead to a negative balance.
  3. Fraudulent activity such as click fraud, cookie stuffing, or any form of deceptive practices.
  4. Brand damage activities that harm the reputation or brand image such as unethical marketing practices, false advertising or any behavior that could negatively impact the platform's public perception.
  5. Inactivity or dormancy: an affiliate account remains inactive for an extended period or fails to generate any meaningful traffic or conversions.
  6. Change in business strategy: if the brand undergoes a significant change in business strategy, restructuring, or a shift in focus.

You acknowledge that after the cancellation of the current agreement and the establishment of a new agreement with one (1) business day's notice, all subsequent traffic brought by you (registrations, first deposits, and subsequent deposits) will be subject to the terms of the new agreement.

To be classified as an active affiliate, a minimum of 10 First Time Depositing customers (FTDs) must be generated within a six-month period on a recurring basis for each affiliate account.

2.6 Inappropriate Websites

You must not use Affiliate Links or place digital advertisements featuring our Intellectual Property on any inappropriate websites, whether owned by a third party or otherwise.

Inappropriate websites include, but are not limited to, those targeting children, displaying illegal pornography or other illegal sexual activities, promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, endorsing illegal activities, or infringing upon the intellectual property rights of any third party or the Company. This also extends to any violation of relevant advertising regulations or codes of practice in territories where such Affiliate Links or digital advertisements are featured.

3. COMPANY RESPONSIBILITIES

3.1. We will dedicate our best efforts to provide you with all the necessary materials and information essential for the proper implementation of the Affiliate Links.

3.2. At our sole discretion, we will undertake the registration of any New Customers directed to the Operator Websites through your efforts and diligently track their transactions. We retain the right to reject New Customers or close their accounts if deemed necessary to meet any requirements established periodically.

3.3. We will furnish monitoring tools that allow you to oversee your Affiliate Account, track the status of your Commission, and facilitate the payment process.

3.4. We will handle and process specific personal data of an Affiliate or any employee affiliated with the Affiliate as follows: your username for login, your email address, name, date of birth, country, address, telephone number, and financial data. This data is managed with the primary objectives of upholding a high level of security, ensuring compliance with Anti-Money Laundering (AML) legal requirements, and effectively managing our business relationship.

3.5. In accordance with your strict adherence to the Affiliate Agreement, we will disburse the Commission as outlined in Clause 6.

4. COMPANY RIGHTS AND REMEDIES

In the event of your breach (or, where applicable, suspected breach) of this Agreement, your failure to fulfill your obligations under the Affiliate Program, or any negligence in program performance, the Company shall be entitled to exercise the following remedies:

  1. The right to suspend your involvement in the Affiliate Program for the necessary duration to investigate any activities that may contravene the Affiliate Agreement. During such suspension, Commission payments will also be withheld.
  2. The right to retain any Commission or other payments due to the Affiliate related to a specific campaign, traffic, content, or activity conducted or created by the Affiliate that violates the Affiliate's obligations under this Agreement.
  3. The right to withhold from the Commission funds that the Company reasonably deems necessary to cover any indemnities provided by the Affiliate hereunder or to address any liability incurred by the Company as a result of the Affiliate's breach of the Affiliate Agreement.
  4. The immediate termination of the Affiliate Agreement.
  5. The right to withhold funds held in the Affiliate Wallet if they remain unclaimed for a period of 3 (three) months from the date of the Affiliate Agreement's termination as per Clause 9.1.

The Company retains the right to update or modify this Agreement and will provide notice via email 1 day in advance of any changes taking effect. The updated terms will also be accessible online on the site within the affiliate terms and conditions section. If you do not agree with the changes, you are required to terminate this Agreement in accordance with the terms outlined in this agreement. Details of any changes to the terms and conditions will be published in Clause 5 of this agreement, available in the updated version on Affivalue.com. Should you continue to participate in our affiliate program after the changes to the agreement have been posted, it will be considered as your binding acceptance of such changes.

Please note that our rights and remedies outlined above are not mutually exclusive.

5. COMMISSION AND PAYMENTS

5.1. Conditional upon your strict adherence to the provisions of the Affiliate Agreement, you will earn Commission in line with the Commission Structure. We maintain the right to modify the Commission percentage and the method of Commission calculation in accordance with this clause.

5.2. Commission calculations will be conducted at the beginning of each month for the previous calendar month, and payments will be processed on a monthly basis in arrears.

5.3. Commission payments will be disbursed through our Affiliate Wallet. Affiliates may be required to undergo verification and submit "know your customer" documentation before accessing withdrawal options, in compliance with existing regulations.

5.4. In the event of an error in the Commission calculation, the Company reserves the right to rectify such miscalculations at any time and will promptly correct underpayments or recover overpayments made to the Affiliate.

5.5. The Affiliate may, at the Company's sole discretion, be given the opportunity to revise their commission structure.

5.6. Acceptance of a Commission payment by the Affiliate shall signify the complete and final settlement of the outstanding balance for the relevant period. If the Affiliate disagrees with the reported balance, they must notify the Company within fourteen (14) calendar days, clearly stating the reasons for the disagreement. Failure to notify the Company within this timeframe will be deemed an irrevocable acknowledgment of the balance due for the relevant period.

5.7. Any amount paid to the Affiliate under the Agreement, shall include without limitation all taxes (such as VAT, where applicable), duties, fees, excises or tariffs. In the event that the Company or any Operator is required to withhold and/or deduct on account of any taxes, all such withholdings and/or deductions shall be considered as paid to the Affiliate. In addition, the Company shall have no obligation to increase such payments of Referral Commission to the Affiliate in the event that any taxes, duties, withholdings or deductions and/or other governmental assessments become applicable.

5.8. For partnerships on a Hybrid and CPA basis, specific conditions should be noted:

Negative Revenue Share will be deducted from the CPA portion of the Commission, unless an alternative arrangement has been discussed with the affiliate manager beforehand.

Duplicate accounts and self-excluded (closed) players will be deducted from the CPA portion of the Commission, unless an alternative arrangement has been discussed with the affiliate manager beforehand.

The number of New Customers per individual household, tablet device mobile device and computer is strictly limited to one.

In cases where a certain CAP was negotiated with a partner, Commission will be paid only for the agreed-upon number of First Time Depositors (FTDs).

First-time deposits (leads) generated from sources such as FB, email, SMS, UAC, PPC, SEO, or ASO are eligible for payment if a deposit is made within 30 days of the lead's registration. Leads making their first deposit after this specified period (30 days) will not be eligible for payment.

5.10. Available Payment Methods:

Within the AffiValue program, affiliates can withdraw their commission funds using the following payment methods:

  • Bank Transfer
  • Cryptocurrencies
  • E-wallets [Skrll]

5.11. Minimum Payment Threshold:

The minimum sum for a monthly affiliate payment is €200 for e-wallets such as Skrill and Neteller and €200 for Wire Transfer. If Revenue Share does not exceed these thresholds, the Company may retain and carry forward the sum until the end of the first calendar month in which the Revenue Share (including the carried forward sum) exceeds €200 for e-wallets and Wire Transfer, at which time payment will be made. To clarify, a payout will only be issued when there is a positive balance exceeding or being equal to €200 for e-wallets and Wire Transfer in any given month.

5.12. Invoice Discrepancies:

Acceptance of a Commission payment by the Affiliate will be considered the final settlement of the balance due for the relevant period. In the event that the Affiliate disputes the reported balance, they must notify the Company within fourteen (14) calendar days and provide clear reasons for the discrepancy. Failure to inform the Company within this timeframe will be construed as an irreversible acknowledgment of the balance due for the relevant period.

5.13. Payment Period:

All fees will be disbursed within thirty (30) days from the date the final invoice is received. It is essential to include the invoice number for payment processing. Invoices must be submitted within six months from when the service was provided. After this period, if no response is received from the Affiliate within thirty (30) days following an email notification sent by the Company, the Company reserves the right to confiscate all funds from the Affiliate's account.

6. STANDARD COMMISSION STRUCTURES

Affiliate commissions under the AffiValue program are determined by the following factors:

6.1 Revenue Share conditions:

  • 35% of NGR if the monthly count of first-time depositors (FTD) is minimum one (1) and/pr the total casino NGR is minimum 5000 EUR.
  • 40% of NGR if the monthly count of FTD is minimum two (2) and/or the total casino NGR is minimum 10,000 EUR.
  • 45% of NGR if the monthly count of FTD minimum three (3) and/or the total casino NGR is minimum 20,000 EUR.
  • 50% of NGR if the monthly count of FTD is minimum five (5) and/or the total casino NGR is minimum 30,000 EUR.

These commission rates are applied based on the number of FTD and/or individual deposits and the total/individual NGR within specific tiers. These tiers are designed to protect both the affiliate and the casino from substantial losses that might occur due to significant player wins, bonus abuse or other such instances.

Revenue Share Time Restrictions:

Revenue Share calculations are also subject to time restrictions. NGR will be calculated based on player activity within a fixed period, which can vary between six (6) months to one (1) year or more, depending on individual agreements with affiliates.

We reserve the right to modify the percentage of Revenue Share and the method of NGR calculation at our discretion.

6.2 CPA Conditions:

CPA (Cost Per Acquisition) commissions will be triggered under the following conditions:

  • Minimum Deposit: The minimum deposit amount varies based on country tiers
  • Total Wager Sum by FTD: same amount as CPA amount (if CPA is 100 EUR per FTD, then minimum wagering requirements to be met by player will be 100 EUR, as well)
  • Countdown Period: CPA conditions must be met within 30 days of the players’ registration.

In the event of a Reward Plan with a CPA (Cost Per Acquisition) component, Affivalue.com retains the right to withhold Reward Plan payments for customer accounts, including but not limited to bonus abuser customer accounts, suspended or closed customer accounts, customer accounts suspended or closed due to fraudulent activities, customer accounts subject to self-exclusion, or any other customer account that we, in our sole discretion, deem necessary to suspend or close.

Please note that these commission structures and conditions are subject to change and may be adjusted as necessary. It is essential for affiliates to review the most up-to-date terms and conditions regularly to ensure compliance with the current affiliate program guidelines.

These terms and conditions have been carefully designed to safeguard both our valued affiliates and our casino operation from potential abuse by incentivized traffic, hit-and-run traffic, multi-accounting, bot nets, collusion on the part of the peferred player with any other player and any other forms of traffic manipulation that could compromise the integrity and fairness of our affiliate program.

7. CONFIDENTIAL INFORMATION

Throughout the duration of the AffiValue Affiliate Agreement, you may periodically gain access to confidential information pertaining to our business, operations, underlying technology, and the Affiliate Program, including, but not limited to, the Commissions you earn through the Affiliate Program.

You commit to refraining from disclosing or improperly using any such confidential information to external parties or third parties without our prior written consent. Furthermore, you agree to utilize this confidential information solely for the purposes outlined in the Affiliate Agreement. Your obligations under this clause remain in effect even after the termination of this Agreement.

Moreover, you are prohibited from releasing any press releases or similar public communications regarding your involvement in the Affiliate Program without obtaining the prior written consent of AffiValue. Any content for such communication must also receive approval from AffiValue.

8. TERM AND TERMINATION

8.1. Term

The term of the Affiliate Agreement commences upon your approval as an Affiliate and remains in effect unless one of the Parties provides written notice to the other expressing their desire to terminate the Agreement. In such an event, the Agreement will conclude 30 days after the notice's issuance. Please note that sending the termination notice via e-mail is regarded as a written and immediate form of notification.

To clarify, the Company may also terminate the Agreement with immediate notice at any time if the Affiliate fails to meet their obligations under the Agreement or demonstrates negligence.

8.2. Affiliate Responsibilities upon Termination

Upon termination, you are required to promptly remove all Company banners or creatives from the Affiliate Website and deactivate all Affiliate Links leading from the Affiliate Website to all Operator Websites.

All rights and licenses granted to you under the Affiliate Agreement will promptly cease.

You must return all Company confidential information and any copies of it within your possession and control, and discontinue the use of all Company Intellectual Property Rights.

8.3. Commission

Upon the termination of the Affiliate Agreement, for any reason, all Commissions related to New Customers referred to AffiValue during the term will cease to be payable to the Affiliate starting from the date of termination.

9. MISCELLANEOUS

9.1 Disclaimer

We provide no express or implied warranties or representations concerning the Affiliate Program, AffiValue, or the Commission payment arrangements. This includes, but is not limited to, functionality, fitness for a particular purpose, merchantability, legality, or non-infringement. Furthermore, we make no representations about the uninterrupted operation of our site and disclaim any liability for consequences arising from any interruptions or errors. In the event of any discrepancies between the reports presented in the Affiliate Account system and the AffiValue database, the database will be considered accurate.

9.2 Indemnity and Limitation of Liability

The Company and/or any Group Company shall not be liable to the Affiliate in any way whatsoever should the Affiliate’s license issued by the relevant Regulator be cancelled, revoked, discontinued, suspended and/or expire at any time for any reason.

The Sites, Affiliate Program Site, the Affiliate Program and/or and the Links are provided “as is” without any express and/or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness and/or accuracy of content are hereby excluded to the fullest extent permitted by law. The Company, nor any Group Company and/or any of their respective licensors give any warranty and/or representation that the supply of material and content on, and/or links to or from, the Sites, Affiliate Program Site, and/or the Links will be uninterrupted, timely, secure or error free and/or that they are free of viruses or bugs.

In no event shall the Company nor any Group Company be responsible and/or liable for any claim or dispute between the Affiliate and any user and/or recipient (as applicable) of the Affiliate Marketing.

The Affiliate acknowledges that different payment schemes may apply to other participants in the Affiliate Program and who may be paid in a different manner to that of the Affiliate.

In no way whatsoever shall the Company have any liability to the Affiliate with respect to any Affiliate Marketing.

The Company and/or any Group Company will not be liable for any indirect, special and/or consequential damages and/or any loss of revenue, profits, goodwill, reputation and/or data arising in connection with the Agreement and/or the Affiliate’s participation in the Affiliate Program, even the Company has been advised of the possibility of such damages. Without derogating from the foregoing, the Company’s aggregate liability arising with respect to the Agreement will not exceed the total Referral Commission paid to the Affiliate under the Agreement in the 6 (six) months prior to the event giving rise to such liability. Furthermore, nothing in the Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to the Agreement unless explicitly stated herein.

You agree to indemnify and hold AffiValue, our directors, employees, and representatives harmless from any and all liabilities, losses, damages, and costs, including legal fees, resulting from (a) any breach by you of any provision of the Affiliate Agreement, (b) your performance of duties and obligations under the Affiliate Agreement, (c) your negligence, or (d) any injuries caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our creatives and links or this Affiliate Program.

The Company will not be held responsible for any direct or indirect, special, or consequential damages, including any loss of revenue, profits, or data, or any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.

9.3 Non-Waiver

Our failure to enforce strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce that provision or any other provision of the Affiliate Agreement.

9.4 Relationship of Parties

AffiValue and the Affiliate are independent contractors, and nothing in the Affiliate Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept offers or representations on our behalf. You will not make any statements, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.

9.5 Force Majeure

Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control. This includes, but is not limited to, labor disputes, strikes, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes, or other casualties. If such an event occurs, the non-performing Party is excused from whatever performance is prevented by the event, provided that if the force majeure event persists for a period exceeding thirty (30) calendar days, either Party may terminate the Affiliate Agreement with immediate effect by providing written notice.

9.6 Assignability

You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.

9.7 Severability

If any provision of the Affiliate Agreement is held to be invalid, illegal, or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity or unenforceability, without invalidating the remainder of the Affiliate Agreement or any provision hereof.

9.8 English Language

The Affiliate Agreement was originally drafted in English. In cases of conflict or discrepancy between the English language version and any other language, the English version shall prevail.

9.9 Modification of Terms & Conditions

We reserve the right to modify any of the terms and conditions within the Affiliate Agreement or replace it at our discretion. This may be done at any time, and changes will be effective when posted on our site. Modifications may include changes in the scope of available Commissions and Affiliate Program rules.

If any modification is unacceptable to you, you must terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or a new agreement will constitute binding acceptance of the modification or the new agreement.

DISCLAIMER

We make no representation that the operation of the AffiValue Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

This Agreement has not been amended or otherwise altered since 27th of November, 2023.