Agreement

1. This is an agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”) and www.loropartners.com (“Company”, “us”, “we” or "Affiliate Program").
2. By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.
3. We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly.
   Your continued use of the Affiliate Program will constitute your consent to the updated Agreement. Should you have any questions regarding our affiliate program please contact affiliates@loro.partners for further information.
4. In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. LoroPartners determines at its' sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the LoroPartners website and services. LoroPartners will email you with further information upon acceptance of your application.

Definitions

Affiliate means you, the person or entity, who applies to participate in the Affiliate Program.

Affiliate Account means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by Company.

Affiliate Agreement means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of Betsson Group and/or Websites made known to the Affiliate from time to time.

Affiliate Application means the application made by the Affiliate to participate in the Affiliate Program.

Affiliate Application Form is a registration form for participation in the Affiliate Program that can be found on the Website through the following link:

Affiliate Program means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.

Affiliate Wallet means an online wallet in the name of the Affiliate into which Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement.

Company shall mean www.loropartners.com and any other company within our group of, including our parent companies, their parent companies and all of the subsidiaries of these respective companies.

Affiliate Fee is the amount payable to the Affiliate based on the results. Whenever a player wagers money on our website, you earn a percentage of that player’s revenue. Your Profit = (Bets – Wins – Bonuses – Admin fee) x (your commission percentage)

Commission Structures means any specific reward structures expressly agreed between Company and the Affiliate.

CPA Commission - a remuneration plan, according to which the Affiliate receives a fixed amount (as agreed with the LoroPartners Team) per Customer referred by that Affiliate.

Net Revenue is the calculation of the total wagers of a Customer minus (i) winnings, (ii) bonuses awarded, (iii) Deductible Costs.

Negative Carryover - in case Your balance under a Revenue Share Commission Plan in any given month is negative due to Customer winnings and/or Non Cash Items and/or Cash Items and/or Progressive Contributions said this balance will be transferred to the next month.

Remuneration Plan – commission plan (Revenue Share, CPA or Hybrid Plan) which may be determined individually with LoroPartners in the Insertion Order

Spam Traffic - any deposits, gross revenue or traffic generated at the Website or in the Customer’s Account through illegal means or in bad faith, regardless of whether or not it actually causes harm to any member of the LoroPartners Group or any third party. Spam Traffic includes, but is not limited to, spam, false advertising, unauthorized incentives (financial or otherwise), deposits generated by fraudulently obtained payment methods, collusion, manipulation of the service system, bonuses or promotions or any other unauthorized use of Customer’s Accounts.

Website means the website located at any URL used by the Operator; for the avoidance of doubt, any other website will not be considered for the purpose of calculation of Your Affiliate Fee.

Tracking link is a unique tracking web link that allows the Affiliate to direct potential Customers to the Websites and which enables LoroPartners to identify the Affiliate that has directed such a specific Customer for the purpose of calculating the Affiliate Fee.

Revenue Share Commission – the default remuneration model used in this Affiliate Program, according to which the Affiliate receives a percentage of the Net Revenue derived by the Operator from the Customer referred by that Affiliate.

Deductible Costs include, but are not limited to third party licensing fees, chargebacks, progressive jackpot contributions, duties and taxes, transaction fees, Game royalties, and any other cost incurred by the Company and the Operator due to a fraudulent and/or abusive activity of the Customer.

Restricted Territories – countries where the operations of the Website are prohibited. The list of Restricted Territories for the Website could be found in the appropriate section of terms and conditions of the corresponding Website.

Confidential Information means any information of commercial or essential value relating to Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans and manners of operation.

Intellectual Property Rights means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature.

New Customer means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites’. This excludes the Affiliate, its employees, relatives and friends.

Parties means Company and the Affiliate (each a “Party”).

Personal Data means any information relating to any person, whether individual or legal, that is or may be identified, directly or indirectly.

Linking

1. The Links provided to you by LoroPartners should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without LoroPartners' prior written consent.
2. You shall ensure that you do not place any Links on pages of the Your Website aimed at persons under the age of 18 years.
3. In the event that you wish to place the Links on websites other than the Your Website, you must first obtain LoroPartners written consent.
4. If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you.

Your Performance and Obligations

1. You shall:

   1. provide accurate and complete information upon submitting the Affiliate Application Form;
   2. revise any such information, as the case may be, should all or any part of it get changed;
   3. provide Us with any additional information that We may require at Our sole discretion;
   4. promote and refer Potential Customers to the Websites;
   5. be solely responsible for the quality and manner of such marketing activities;
   6. conduct only marketing activities that are competent, professional, and lawful under relevant guidelines, legislation or laws (including, but not limited to, any laws relating to the content and purpose of any advertising or marketing) and are otherwise compliant with the terms of this Agreement;
   7. use all Marketing Materials in accordance with the terms of this Agreement, or any applicable laws;
   8. have all certificates, authorizations, registrations and licenses necessary to satisfy the responsibilities under this Agreement. The LoroPartners holds the right in some situations to request partners' Know Your Business information. This is necessary in order to comply with international regulations in place.

2. You shall NOT, nor shall You authorize, assist or encourage any third party to:

   1. use or place on any online site or other medium incorrect, inaccurate, confusing and/or fraudulent Marketing Materials, that may potentially confuse a Customer or a Potential Customer;
   2. place Marketing Materials on any online site or other medium, where the content and/or material violates the intellectual property rights of third parties;
   3. copy or resemble the look and feel of any Website in whole or in part or otherwise damages Our goodwill or reputation in any way;
   4. develop and/or implement marketing and/or public relation strategies which have as their direct or indirect objective the marketing of the Website to any person who is less than 18 years of age (or such higher age of legal consent as may apply in the relevant jurisdiction);
   5. modify the Marketing Materials in any way unless a prior written consent is obtained by Us;
   6. alter, redirect or in any way interfere with the operation or accessibility of the Websites or any pages thereof;
   7. acquire any right to any data relating to the Customers and/or Potential Customers;
   8. register as a Customer on behalf of any third party, or authorize or assist (save by promoting the Website in accordance with this Agreement) any other person to register as a Customer;
   9. reasonably cause any person’s confusion regarding Our relationship with You or any third party, or regarding the ownership or operation of the Website or service on which any processes or transactions are occurring;
   10. cause the Website (or any parts or pages thereof) to open in a visitor’s browser other than as a result of the visitor clicking on banners or text links contained in or as part of any Marketing Materials;
   11. attempt to intercept or redirect (including via user-installed software) traffic from or on any website or other place that participates in Our Affiliate Program;
   12. violate the terms of use and any applicable policies of any search engines;
   13. to register domain names, or bid on keywords or search terms related to Websites;
   14. attempt to market or promote any of the Websites within territories designated as Restricted Territories, attempt to circumvent any restriction which We have put in place to prevent Potential Customers from Restricted Territories from signing up as Customers, or attempt to disguise the geographical location of a Customer, without Our prior approval;
   15. provide Customers’ details to any third party, during the term of this Agreement and at any time after the expiration or termination of this Agreement. If You try to provide any Customer’s details to any third party, We shall be entitled to immediately terminate this Agreement and to indefinitely withhold and seize all Affiliate Fees owed to You at that time;
   16. use any Marketing Material or place Marketing Materials on any online site or other medium where the content and/or material on such website or medium is libelous, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which is, at Our sole discretion, otherwise unsuitable.
3. You acknowledge that the Company and/or the Operator own all intellectual property rights of any and all of the Marketing Materials, their brands and the Website, domains (the “Marks”). Any use of any trade mark, domain name or trade name which content is confusingly similar to or is comprised of the Marks (other than in accordance with the terms of this Agreement) without Our prior written approval shall be unauthorized. By way of example, but without limitation, You may not register or use any of the Marks in any part of any domain name. You agree that any use by You of the Marks inures to Our sole benefit and that You will not obtain any rights in the Marks as a result of such use. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to or are comprised of the Marks, and You hereby agree to transfer any such registration obtained by You to the respective Operator upon demand. You further agree not to attack Our ownership of and title to the Marks in any way.

4. You shall adhere to and act at all times in a manner consistent with:

   1. preventing gambling from being a source of crime and/or disorder, being associated with crime or disorder and/or being used to support crime;
   2. ensuring that gambling is conducted in a fair and open way; and protecting children and other vulnerable persons from being harmed and/or exploited by gambling.
5. Tracking links are for Your sole use and are not to be assigned to others without Our prior written approval.
6. The Affiliate, their associates, employees or anyone personally associated with the Affiliate is not permitted to have a Customer Account registered and tracked under their own Affiliate Account.
7. If We determine, at Our sole discretion, that You have engaged in any of the prohibited activities, We may (without limiting any other rights or remedies available to Us) withhold any Affiliate Fees and/or terminate this Agreement immediately.

COMMISSION PLANS, REPORTS AND PAYMENTS

1. LoroPartners agrees to pay the Affiliate a commission calculated on the net revenue generated from new customers referred by the Affiliate Website.
2. In relation to a casino and other side games Net Revenue should be calculated as the amount of revenues generated by New Customers playing in the casino or on other games actually received by LoroPartners, less the winnings, less fraud charges, less chargebacks, less bonuses and all other promotional payments made by LoroPartners to New Customers, less any payments to third party software providers.
   The commission shall be a percentage of the net revenue in accordance with what is set out in the Commission Plan, displayed on the Affiliate Program Website.
   New customers are those customers of the Company who do not yet have an account with LoroPartners brands and who access the website via the link from the Affiliate to LoroPartners brands and who properly registers and makes real money transfers to their betting account.
3. The commission is calculated at the end of each month and payments shall be performed by the 20th of each calendar month, provided that the amount due exceeds 100 EUR (“Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when it exceeds the Minimum Threshold. Please check with your personal account manager the minimum amount of bank transfer.
4. Commission payments must be made to the payment method chosen by the Partner during registration. If an error was made when calculating the commission, the Company reserves the right to correct these calculations at any time and pay the shortfall or ask for a refund of the overpaid funds that were sent to the Partner.
5. Acceptance of payment by the Affiliate shall be deemed to be a full and final settlement of the balance due for the period indicated.
6. If the Partner does not agree with the amount of his balance, he must send a letter to the Company by mail affiliates@loro.partners within 30 days and indicate the reason for your dissatisfaction.
7. A request not sent during the specified period will be considered an irrevocable confirmation of the balance by the Partner for the specified period.
8. LoroPartners may delay payment of any Balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
9. No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.
10. The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
11. If Net Revenue is zero or negative for a calendar month, it is carried forward to any subsequent calendar month and must be deducted from Net Revenue for any subsequent calendar month. Exceptions are possible, can be discussed with a personal manager.
12. If within two calendar months a partner does not refer a new depositor, the commission will be set at 20%. In the absence of new depositors within 6 months, the commission will be set at 10%. The commission will be reverted back to 20% the next month if a new depositor is referred, or set to the standard LoroPartners commission plan if 10 or more new depositors are referred within a calendar month.
13. The affiliate should specify the preferred payment method and currency on the Affiliate Sign up Form. LoroPartners shall not be responsible for any error in the account details and payment instructions you supply. LoroPartners will try to accommodate your preferred payment method; however, LoroPartners can change the payment method.
14. Affiliate income is paid at the average currency rates of the month for which the payment is processed.

Term and Termination

1. This Agreement shall take effect with Our accepting of Affiliate Application Form. Either party can terminate this Agreement with or without cause by providing twenty-four (24) hours prior notice to the other.
2. The Contracting Parties hereby agree that on termination of this Agreement
3. We may terminate this Agreement in whole or partially at any time for any violation of this Agreement upon written notice addressed to the email address You have provided to Us upon registering an account at LoroPartners. For the avoidance of doubt, once this Agreement has been terminated either by You or by Us, You will not earn any Affiliate Fees after the termination, even if Your Tracking links are still functional, unless we have otherwise agreed. Should We terminate a particular Tracking Link You would no longer receive any Affiliate Fees from that Tracking Link, unless otherwise agreed.
4. If this Agreement is terminated by the Company on the basis of an Affiliate’s breach, the Company shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.
5. The accounts of partners who have not visited their personal account with LoroPartners, or have not responded to the messages for six months or more, maybe frozen. In this case, the partner will need to go through the verification procedure to restore access to the account.
6. The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.

Warranties

1. Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.
2. You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement.
3. The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays, or interruptions of LoroPartners website or the Affiliate Program. LoroPartners does not warrant that its system, network, software, or hardware (or that provided to LoroPartners by third parties) are error-free or uninterrupted.

Indemnification

1. The Affiliate agrees to defend, indemnify and hold LoroPartners and its affiliates, successors, officers, employees, agents, directors, shareholders, and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
2. Any breach of Affiliate’s representations, warranties, or covenants under this Agreement.
3. Affiliate’s use (or misuse) of the marketing materials.
4. All conduct and activities occurring under Affiliate’s user ID and password.
5. Any defamatory, libelous or illegal material contained within Affiliate Site or Affiliate’s information and data.
6. Any claim or contention that Affiliate Site or Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity.
7. Third-party access or use of Affiliate Site or Affiliate’s information and data.
8. Any claim related to Affiliate Site.
9. Any violation of this Agreement.
10. LoroPartners reserves the right to participate, at its own expense, in the defense of any matter.

General

1. The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of LoroPartners.
2. This Agreement shall be governed by the laws of Curacao and any action relating to this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of its courts.
3. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
4. The Company’s failure to enforce the Affiliate’s adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of LoroPartners Affiliates to enforce said terms at any time.
5. Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
6. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.
7. All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information, shall be treated confidentially. Such information must not be used for own commercial or other purposes, neither direct nor indirectly. This provision shall survive the termination of this agreement.