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Scatters Affiliate Program Terms & Conditions05.02.2020Version: 1.0The Affiliate Program for Scatters.com (the "Affiliate Program”) is provided by Scatters Limited,(hereinafter "the Company”), a Company incorporated under the laws of Malta with its officelocated at 170, Pater House, Level 1 (Suite A256) Psaila Street Birkirkara BKR 9077 and bearing theCompany registration number C91371.By completing the Affiliate application to the Affiliate Program and clicking "I have read and agree tothe Affiliate Terms and Conditions (the "Terms”)” within the registration form, you (hereinafter the"Affiliate”) hereby agree to participate in the Affiliate Program and abide by all the Terms andConditions set out in this Agreement. The outlined commission structure in Article 20 of thisAgreement shall be deemed to form an integral part thereof. Company reserves the right to amend,alter, delete or extend any provisions of this Agreement, at any time and at its sole discretion,without giving any advance notice to the Affiliate subject to the Terms set out in this Agreement.You shall be obliged to continuously comply with the Terms of this Agreement, the general Termsand Conditions and Privacy Policies of the website www.scatters.com (referred to as the "CompanyWebsite”), as well as with any other rules and/or guidelines brought forward from time to time. Anagreement between the Company and the Affiliate shall be coming into effect on the date when theAffiliate application is approved by Company.Article 1Purpose:1.1 The Company is in the business of marketing, logistical and general support services inconnection with remote gaming. The Company has entered into an agreement with Gammix Limitedan online gaming company incorporated in Malta and licensed by Malta Gaming Authority to interalia assume responsibility for the advertising, marketing and promotional aspects of the onlinegaming business carried out on Company Websites and as part of this function the Company isoperating the Scatters Affiliate Program.1.2 The Affiliate maintains and operates one or more websites on the internet (hereinaftercollectively referred to as "Affiliate Website”), and/or refers potential customers to CompanyWebsites through other channels.1.3 This Agreement governs the Terms and Conditions which are related to the promotion of theCompany Websites by the Affiliate, whereby the Affiliate will be paid a commission as defined in thisAgreement depending on the traffic sent to the Company’s websites and as subject to the Terms inthis Agreement.1.4 The definition of the term "Net Revenue” can be found within Article 20 of the Terms. In case ofan introduction of another product, or group of products in the future, Company and/or ScattersLimited reserves the right to use an individual definition of the term "Net Revenue” for eachproduct.Article 2Acceptance of an Affiliate:2.1 The Company shall evaluate the Affiliate application form hereby submitted and shall inform theapplicant in writing (email) whether the membership is accepted or not. The Company reserves theright to refuse any registration in its sole and absolute discretion.Article 3Qualifying Conditions:3.1 The Affiliate hereby warrants that he/she:a) is of legal age in the applicable jurisdiction in order to agree to and to enter into an agreement.b) is competent and duly authorized to enter into binding agreements.c) is the proprietor of all rights, licenses and permits to market, promote and advertise CompanyWebsites in accordance with the provisions of this Agreement.d) will comply with all applicable rules, laws and regulations in correlation with the promotion ofCompany Websites.e) fully understands and accepts the Terms of the Agreement.Article 4Responsibilities and Obligations of the Company:4.1 The Company shall provide the Affiliate with all required information and marketing material forthe implementation of the tracking link.4.2 The Company shall administer the turnover generated via the tracking links, record the netrevenues and the total amount of commission earned via the link, provide the Affiliate withcommission statistics, and handle all customer services related to the business. A unique trackingidentification code will be assigned to all referred customers.4.3 The Company shall pay the Affiliate the amount due depending on the traffic generated subjectto the Terms of this Agreement.Article 5Responsibilities and Obligations of the Affiliate:5.1 The Affiliate hereby warrants:a) to use its best efforts to actively and effectively advertise, market and promote CompanyWebsites as widely as possible in order to maximize the benefit to the parties and to abide by theguidelines of the Company as they may be brought forward from time to time and/or as beingpublished online.b) to market and refer potential players to Company Websites at its own cost and expense. TheAffiliate will be solely responsible for the distribution, content and manners of its marketingactivities. All of the Affiliate’s marketing activities must be professional, proper and lawful underapplicable laws and must be in accordance with this Agreement.c) to use only a tracking link provided within the scope of the Affiliate Program, otherwise nowarranty whatsoever can be assumed for proper registration and sales accounting. Also, not tochange or modify in any way any link or marketing material without prior written authorization fromthe Company.d) to be responsible for the development, operation, and the maintenance of its website as well asfor all material appearing on its website.5.2 The Affiliate hereby warrants:a) that it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwiseunsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.b) that it will not actively target any person who is under the legal age for gambling.c) that it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.d) that it will not generate traffic to the Company Websites by illegal or fraudulent activity,particularly but not limited to:i. sending spam.ii. incorrect meta tags.iii. registering as a player or making deposits directly or indirectly to any player account through histracker(s) for its own personal use and/or the use of its relatives, friends, employees or other thirdparties, or in any other way attempt to artificially increase the commission payable or to otherwisedefraud the Company. Violation of this provision shall be deemed to be fraud and give the Companyright to terminate the Agreement with immediate effect, to close any related Affiliate accounts andto retain any earnings of an Affiliate who is found to violate this point.e) that it will not present Affiliate Website in any way that might evoke any risk of confusion withScatters Limited and/or the Company Websites and/or the Company and/or convey the impressionthat the Affiliate Website is partly or fully originated from Scatters Limited and/or the Company.f) with exception of the marketing materials as may be forwarded by the Company and/or madeavailable online through the website https://affiliates.scatters.com the Affiliate may not use"Scatters”, "scatters.com” or other terms, trademarks and other intellectual property rights that arevested in the Company or Scatters Limited unless the Company or Scatters Limited consents to suchuse in writing.g) that it will not purchase, attempt to register, or register keywords, search terms or otheridentifiers for use in any search engine, portal, sponsored advertising service or other search orreferral service which are identical or similar to any of the Company’s websites and trademarks,trade names or otherwise include the word "scatters” or variations thereof.h) that it will not use any of the Company Websites’ trademarks, trade names or otherwise includethe word "scatters” or variations that are confusingly similar, in affiliate urls. Brand names may notbe used in a derivative url or subdomain.i) that it will only generate traffic to the Company Website through seo and ppc activities. Trafficoriginating from email, sms, native or any other direct marketing is not allowed unless this has beenapproved beforehand in writing by the Scatters Partners Affiliate Team.j) that it will not use any of the Scatters characters for marketing purposes.k) it will make sure that all marketing is clear, correctly advertised and mention that T&C’s Apply. An18+ message symbol together with a link to begambleaware.org or a local version will be includedwhen promoting Scatters.com. When promoting a Scatters bonus it must include any wageringrequirements, maximum bonus amount available, the minimum deposit needed to activate thebonus, any withdrawal limits attached to the bonus and to include "new customers only” if it’s awelcome bonus that is being marketed. Full promotional Terms and Conditions need to be availableone click away.l) it will not give the impression that gambling can be a source of income or a way to pay off debts.m) if it induces damages inform of fines or penalties for the Company. Then it will be heldresponsible for these damages.n) failure to follow these Terms and Conditions will grant the Scatters Partners team the right toimmediately terminate this Agreement.Article 6Payment:6.1 The Company agrees to pay the Affiliate a commission based on the Net Revenue generatedfrom new customers referred by the Affiliate’s website and/or other channel. New customers arethose customers of the Company who do not yet have and have not had an account with anyCompany Website and who access the Affiliate Website via the tracking link and who properlyregister and make real money transfers at least equivalent to the minimum deposit into theirscatters.com account. The commission shall be deemed to be inclusive of value added tax or anyother tax if applicable.6.2 The commission shall be a percentage of the Net Revenue in accordance with what is set out inthe commission structures for the particular product. The calculation is product specific and it is setout in every product-specific commission structure.6.3 The commission is calculated at the end of each month and payments shall be performed by thefifteenth day of each calendar month, provided that the amount due exceeds €100 for Bank Wiretransfers and €100 for Skrill and Neteller (minimum threshold). If the balance due is less than theminimum threshold, it shall be carried over to the following month and shall be payable when theaccrued balance exceeds the minimum threshold.6.4 Payment of commissions shall be made as per the payment method chosen by the Affiliate in theAffiliate account. If an error is made in calculating the commission, the Company reserves the rightto correct such calculation at any time and will immediately pay out underpayment or reclaimoverpayment made to the Affiliate.6.5 Acceptance of payment by the Affiliate shall be deemed to be full and the final settlement of thebalance due for the period indicated.6.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30)days send an email to the Company to firstname.lastname@example.org and indicate the reasons of suchdispute. Failure to send an email within the prescribed time limit shall be deemed to be consideredas an irrevocable acknowledgment of the balance due for the period indicated.6.7 The Company may delay payment of any balance to the Affiliate for up to one hundred andeighty (180) days, while it investigates and verifies that the relevant transactions comply with theprovisions of the Terms.6.8 No payment shall be due when the traffic generated is illegal or contravenes any provision ofthese terms.6.9 The Affiliate agrees to return all commissions received based on fraudulent or falsifiedtransactions, plus all costs for legal causes or actions that may be brought against the Affiliate to thefullest extent of the law.6.10 For the sake of clarity the parties specifically agree that upon termination of this Agreement byeither party, the Affiliate shall no longer be entitled to receive any payment whatsoever from theCompany, provided that payments already due (earned and unpaid commissions) shall be paid out.6.11 At the sole discretion of the Company the Affiliate may be given the opportunity to restructureits commission structure. Examples of alternative revenue sources could include a cost peracquisition (CPA) model. Once an Affiliate opts to accept the Company’s offer for a different revenuestructure to the standard commission structure outlined in article 20, then the Affiliate is aware andhereby agrees and understands that the new proposed revenue structure shall replace his existingcommission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligationsassumed under this present agreement will still continue to apply to the Affiliate up until thetermination of this Agreement and thereafter in accordance with the Terms and Conditionscontained in this Agreement.6.12 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees,charges and any other money payable or due both locally and abroad (if any) to any tax authority,department or other competent entity by the Affiliate as a result of the revenue generated underthis Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaidbut found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.Article 7Termination:7.1 This Agreement may be terminated by either party by giving a thirty (30) day written notificationto the other party. Written notification may be given by an email.7.2 The contracting parties hereby agree that upon the termination of this Agreement:a) The Affiliate must remove all references to Scatters Limited and/or its brands (including brands ofits subsidiary companies) and/or the Company Websites from the Affiliate’s websites and/or othermarketing channel and communications, irrespectively of whether the communications arecommercial or non-commercial.b) All rights and licenses granted to the Affiliate under this Agreement shall immediately terminateand all rights shall revert to the respective licensors, and the Affiliate will cease the use of anytrademarks, service marks, logos and other designations vested in the Company.c) The Affiliate will be entitled only to those earned and unpaid commissions as of the effective dateof termination; however provided, the Company may withhold the Affiliate’s final payment for areasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn orreceive commissions after this date.d) If this Agreement is terminated by the Company on the basis of the Affiliate’s breach of terms orapplicable laws, the Company shall be entitled to withhold the Affiliate’s earned but unpaidcommissions as of the termination date as collateral for any claim arising from such breach. It isfurther specified that termination by the Company due to a breach by the Affiliate of any of theclauses in this Agreement shall not require a notice period and such termination shall haveimmediate effect upon simple notification by the Company to the Affiliate.e) the Affiliate must return to the Company any and all confidential information (and all copies andderivations thereof) in the Affiliate’s possession, custody and control.f) the Affiliate will release the Company from all obligations and liabilities occurring or arising afterthe date of such termination, except with respect to those obligations that by their nature aredesigned to survive termination. Termination will not relieve the Affiliate from any liability arisingfrom any breach of this Agreement, which occurred prior to termination and/or to any liabilityarising from any breach of confidential information even if the breach arises at any time followingthe termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Companyshall survive the termination of this Agreement.Article 8Warranties:8.1 The Affiliate expressly acknowledges and agrees that the use of the internet is at its risk and thatthis Affiliate Program is provided "as is” and "as available” without any warranties or conditionswhatsoever, express or implied. No guarantee is made that it will make access to its website possibleat any particular time or any particular location.8.2 The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, erroror omission in, or loss, injury or damage caused in whole or in part by failures, delays orinterruptions of the Company Websites or the Affiliate Program.Article 9Indemnification:9.1 The Affiliate agrees to defend, indemnify and hold the Company and its Affiliates, successors,officers, employees, agents, directors, shareholders and attorneys, free and harmless from andagainst any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related toor arising from:a) any breach of the Affiliate’s representations, warranties or covenants under this Agreement.b) the Affiliate’s use (or misuse) of the marketing materials.c) all conduct and activities occurring under the Affiliate’s user id and password.d) any defamatory, libellous- or illegal material contained within the Affiliate’s website or as part ofthe Affiliate’s information and data.e) any claim or contention that the Affiliate’s website or the Affiliate’s information and data infringesany third party’s patent, copyright, trademark, or other intellectual property rights or violates anythird party’s rights of privacy or publicity.f) third party access or use of the Affiliate’s website or to the Affiliate’s information and data.g) any claim related to the Affiliate Website.h) any violation of this Agreement.9.2 The Company reserves the right to participate, at its own expense in the defence of any matter.Article 10Company Rights:10.1 The Company and/or Gammix Limited may refuse any player or close a player’s account if it isnecessary to comply with the Company’s and/or Gammix Limited’s policy and/or protect the interestof the Company.10.2 The Company may refuse any applicant and/or may close any Affiliate’s account if it isnecessary to comply with the Company’s policy and/or protect the interest of the Company. If theAffiliate is in breach of this Agreement or the Company’s terms or other rules, policies and guidelinesof the Company, the Company may besides closing the Affiliate’s account take any other steps at lawto protect its interests.Article 11Governing Law & Jurisdictions:11.1 This Agreement shall be governed and construed in accordance with the laws of Malta and anyaction or dispute relating to this Agreement must be brought in Malta and the Affiliate irrevocablyconsents to the jurisdiction of the Maltese law courts.Article 12Assignment:12.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, withoutobtaining the prior written consent of the Company. In the event that the Affiliate acquires orotherwise obtains control of another Affiliate of Scatters Limited, then accounts will coexist onindividual terms.12.2 The Company may assign this Agreement, by operation of the law or otherwise, at any timewithout obtaining the prior consent of the Affiliate.Article 13Non-waiver:13.1 The Company’s failure to enforce the Affiliate’s adherence to the Terms outlined in thisAgreement shall not constitute a waiver of the right of the Company to enforce said terms at anytime.Article 14Force Majeure:14.1 Neither party shall be liable to the other for any delay or failure to perform its obligations underthis Agreement if such delay or failure arises from a cause beyond the reasonable control of and isnot the fault of such party, including but not limited to labour disputes, strikes, industrialdisturbances, acts of god, acts of terrorism, floods, lightning, utility or communications failures,earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excusedfrom whatever performance is prevented by the force majeure event to the extent prevented.Provided that, if the force majeure event subsists for a period exceeding thirty (30) days, then eitherparty may terminate the Agreement without notice.Article 15Relationship of the Parties:15.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shallbe 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 expressor implied right, power or authority to enter into any agreement or commitment on behalf of (nor toimpose any obligation upon) the other party.Article 16Severability / Waiver:16.1 Whenever possible, each provision of this Agreement shall be interpreted in such a manner asto be effective and valid under applicable law, but if any provision of this Agreement is held to beinvalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent ofsuch invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiverwill be implied from conduct or failure to enforce any rights and must be in writing to be effective.Article 17Confidentiality:17.1 All information, including but not limited to business and financial, lists of customers andbuyers, as well as price and sales information and any information relating to products, records,operations, business plans, processes, product information, business know-how or logic, tradesecrets, market opportunities and personal data of the Company shall be treated confidentially. Suchinformation must not be used for own commercial or other purposes or divulged to any person orthird party neither direct nor indirectly unless the prior explicit and written consent of the Companythis provision shall survive the termination of this Agreement.17.2 The Affiliate obliges himself not to use the confidential information for any purpose other thanthe performance of its obligations under this Agreement.Article 18Changes to this Agreement:18.1 The Company reserves the right to amend, alter, delete or add to any of the provisions of thisAgreement, at any time and at its sole discretion, without giving any advance notice to the Affiliatesubject to the Terms set out in this Agreement. Any such changes will be published onaffiliates.scatters.com18.2 In case of any discrepancy between the meanings of any translated versions of this Agreement,the english language version shall prevail.Article 19Trademarks:19.1 Nothing contained in this Agreement will grant the Affiliate any right, title or interest in thetrademarks, trade names, service marks or other intellectual property rights [hereinafter referred tosimply as ‘marks’] of the Company or Scatters Limited. At no time during or after the term willAffiliate attempt or challenge or assist or allow others to challenge or to register or to attempt toregister the marks of Company or Scatters Limited (including its group companies). Provided alsothat Affiliate shall not register nor attempt to register any mark or website domain which is identicalor similar to any mark which belongs to Company or Scatters Limited (including its groupcompanies).Article 20Commission Structure:Commissions are paid out as a percentage of the Net Revenue.For Affiliates, the Net Revenue (applying to all products) is defined as:Bets – Wins – Jackpot contribution* – Admin Fee** – Paid Bonuses*** – Transaction Costs &Chargebacks – Applicable Gambling Taxes****All new affiliates will receive a 50% commission for new depositing customers referred by theAffiliate within the month the commission is paid for.This offer is valid up to a total of three monthsafter signing up as a new affiliate.After the first three months the Net Revenue share percentage is determined by the amount of newdepositing customers referred by the Affiliate within the month the commission is paid for.Number of new depositing customers – Affiliate share• 0-5 -25%• 6-10 -30%• 11-20 -35%• 21-40 -40%• 41+ -45%The amount of commission earned when reaching a tier will apply to all customers, also thosereferred to reach that tier.* Jackpot Contribution is defined as the sum of Jackpot Payouts (when a player wins a ProgressiveJackpot) and Jackpot Payins (percentage contribution going into the Progressive Jackpot from eachspin).** The admin fee is a value which contains the license fee, game provider fee and platform fee.*** Bonuses in this case means paid bonuses to the customer, not granted bonuses. The differenceis that a paid bonus is a type of bonus money where the customer has actually reached the wageringrequirement and/or has received the funds on his/her real money wallet.**** The gambling tax is monies paid in the form of betting duties or taxes payable by the operatorto the authorities, not including corporate income tax or equivalent. The gambling tax does solelyapply to revenues being generated from within the relevant jurisdictions and will be charged at thegiven rate of taxation of the respective gambling authorities.20.1 In the event of a qualified player win money and the revenue share in a particular monthbecomes negative, a negative balance will not be carried forward into the following month or intosuccessive months, and there shall be no deductions to such successive months revenue share(exception: individual players who win more than EUR 5000 in a single month are excluded from the”no negative carry over” rule. Such players are isolated until they become ‘positive’ players again.).Annex A – General ConditionsThe Affiliate shall not publish, through any medium whatsoever, advertising, or publish contentrelated to the Company on sites/pages/media which displays content, that:● encourages anyone to contravene gaming laws;● is not socially responsible, with particular regard to the need to protect children, youngpersons and other vulnerable persons from being harmed or exploited;● portrays, condones or encourages gambling behaviour that is socially irresponsible or couldlead to financial, social or emotional harm;● exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge ofchildren, young persons and/or other vulnerable persons;● shows people aged below eighteen years gambling;● encourages, targets or is otherwise directed at those aged below eighteen years through theselection of particular media or the context in which such appears. For the sake of clarity,the Affiliate understands and accepts that no content on its website (or in any otherpromotional material which may be used to promote the Company Website/s) shall featurecartoon characters, animals and fairy tale themes or any other content generally that hasparticular appeal to children or persons below the age of eighteen.● be likely to be of particular appeal to children or young persons (under 18s), especially byreflecting or being associated with youth culture;● is false or untruthful, particularly about the chances of winning or the expected return to aplayer;● suggests that gambling can be a solution to financial concerns, an alternative to employmentor a way to achieve financial security;● suggests that skill can influence games that are purely games of chance;● promotes smoking and/or the abuse of the consumption of alcohol while gambling;● suggests that gambling can provide an escape from personal, professional or educationalproblems such as loneliness and depression;● portray gambling as indispensable or as taking priority in life over, for example, family,friends or professional/educational commitments;● contains endorsements by well-known personalities or celebrities that suggest gamblingcontributes to their success;● link gambling to seduction, sexual success or enhanced attractiveness, or otherwisegenerally exceeds the limits of decency;● tarnishes the goodwill and privilege that is associated or related, in any manner, with holdinga gaming licence or otherwise tarnishes the image or reputation of another licensee.In addition to the above, the Affiliate shall not:● conduct a promotion that commits people to gamble for a minimum period of time toqualify for a player reward scheme; or● conduct a promotion that commits people to gamble a minimum amount of money toqualify for a player reward scheme● conduct a promotion which encourages people to participate in any way under undue timeconstraints or which may be regarded as overly pressuring, for example by using wordingand/or phrases such as ‘Bet Now’.The Affiliate must ensure that any promotional material indicates or provides a link to the rules,procedures and conditions of the particular promotion. The full conditions must not be further than1 click away.The Affiliate accepts and understands that the above-mentioned rules are not exhaustive and it shallfurther abide with all other relevant advertising and/or marketing rules issued by the competentauthority/ies of the country in which the Affiliate intends to advertise, market and promote theCompany Websites, if any and those issued by the competent authorities in which the Company islicensed to operate (refer to Annex B and the restrictions on targeting Dutch residents by way ofexample).In the event that any competent authority requires operators to ensure that no marketing material issent to persons that are subscribed to a national self-exclusion register, the Affiliate undertakes totake the steps necessary to integrate or cross check its marketing distribution list against thenational self-exclusion database and ensure that no person found on the national self-exclusion listever receives any marketing material.Scatters PartnersVersion: 1.0.2 Date: 05. February 2020