Last update: May 30, 2019

It is important that you read and understand the content of these Terms and Conditions (hereinafter the “Agreement”). By continuing to apply for our affiliate program, you agree to the terms and conditions of this agreement (depending on our acceptance of your application). In order to apply to participate in our affiliate program, you must be the owner of the website signing up for the Affiliate Program. If you do not agree with this agreement or are not authorized to do so, you may not participate in the program and should discontinue the application process.

If you have any questions about our affiliate program, feel free to contact us.

  1. About us and this agreement

1.1 This Agreement contains the terms and conditions between GML Interactive Ltd. (together with “Betano” if applicable, “we”, “us” or “our” or “GML”) and you in relation to your application for the establishment of an affiliate account (and affiliate membership if your application has been accepted ) advertising for the “Betano Site (s)” (or certain of our sites, depending on the products you are promoting to) by creating Internet hyperlinks and other advertising links such as banners (the “links”) of yours / Your website / s (your “page”) or your promotional e-mails (which have been approved by us) to the Betano pages.

1.2 The “Betano Pages” currently consist of https://www.betano.pt/ and any application versions of these pages, as well as any other pages we may add from time to time.

1.3 Betano shall be entitled to assign any of its rights or obligations here under (including, without limitation, its payment obligations under paragraph 5), to any entity within GML Interactive Ltd. assert or fulfill. The GML Interactive Ltd. Group includes all companies that directly or indirectly, in whole or in part, are part of the ultimate holding company of Betano, as defined in Section 2 of the Companies Act 1996.

1.4 This Agreement supersedes all previous terms and conditions for our affiliate program.

1.5 We reserve the right to change any part of this Agreement at any time. If possible, we will send you notice of any material changes to the email address you provided to us before these changes take effect; however, you are ultimately responsible for regularly reviewing these terms and conditions and we reserve the right to change this agreement at any time. Your continued participation in our affiliate program after we announce the changes will constitute a binding acceptance of those changes. The most recent change to the agreement will be on the date specified above this agreement, so you should periodically check this page for updates.

2. Adoption

2.1 By completing the application form and checking the box, you are applying for membership in our Affiliate Program and agreeing to the terms of this Agreement. This application form forms an integral part of this agreement.

2.2 We decide at your discretion whether your application is successful or not. Our decision is final and not contestable.

2.3 We will notify you by e-mail if your application has been successful and give you instructions on what you need to do to integrate the links on your page.

3. Advertising for Betano pages

3.1 Throughout the term of this Agreement you must:

(a) integrate and display the most up-to-date links provided to you by Betano in a clearly visible manner on your site, without altering the form, arrangement or function of the links without the prior written consent of Betano;

(b) provide Betano with all data and information (including, for example, passwords) free of charge, to enable us to control your site and to ensure that you comply with this Agreement;

(c) properly maintain and contact us if you materially alter the design or layout or add material that you reasonably believe may interfere with our policies, whether or not you are a suitable partner;

(d) not to place any links to sub-pages of your page that are directed to persons under the age of 18, or that directly or indirectly target gambling-related services to such persons;

(e) ensure that all marketing activities comply at all times with paragraph 3.1 (f) and 5.21 and that they are within the specifications of the Betano Trademark Guidelines;

(f) restrict all online marketing activities to the following approved methods: online advertising including industry expertise, niche sites, personal websites, comparison sites, video blogs and web blogs, PPC campaigns, loyalty and reward pages, RSS feeds, opt-in email Mail marketing campaigns (if you have obtained the required approval to send such marketing news) and social media marketing. To use methods other than those listed above, you must obtain prior approval. This Agreement contains the sole and exclusive means by which you may advertise, promote and market our Sites;

(g) make clear in any communications to potential customers that the communication is made without Betano’s knowledge or participation and that any complaints that the customer may wish to make are directed to you and not to Betano; and

(h) comply with all reasonable instructions from Betano in connection with this Agreement.

3.2 Throughout the term of this Agreement, you are prohibited from:

(a) place the links on websites other than yours, as specified in your application form, without prior written consent from Betano;

(b) to offer individuals special benefits or other incentives (such as payment) for using the links on your Site to access the Betano Sites;

(c) to read, intercept, copy, record, redirect, interpret or otherwise manipulate any electronic forms or other materials that are submitted to us by third parties or to fill in their contents;

(d) modify the links, except as otherwise provided in this Agreement;

(e) to participate, on behalf of any third party, in transactions of any kind on the Betano Sites;

(f) authorize, assist, or encourage any other person to conduct any type of transaction on the Betano Sites that does not comply with this Agreement;

(g) take any action that misleads third parties (end users or others) to our relationship with you or to the site on which functions or transactions are performed;

(h) publish or make available, in addition to the provision of links on your site pursuant to this Agreement, any advertisements or advertising content for the Betano Sites;

(i) artificially increase (or attempt) the fees payable to you by Betano;

(j) try to intercept, redirect or otherwise manipulate traffic from or to a Web site participating in our affiliate program (including, without limitation, software installed by the user);

(k) use the services of non-affiliate partners (“sub-affiliates”) to disseminate offers and require commission for such activities. You are prohibited from building a network of sub-affiliates with Betano offerings and media holdings without prior written consent; or

(l) keywords, adwords, keywords, or other identifiers for use on search engines, portals, sponsored advertising services, or other search or referral services that are identical or similar to the intellectual property of Betano (or a member of the Group); to make, make offers or otherwise acquire, including, without limitation, copyrights, trademarks (whether registered or unregistered), brand names, domain names, graphics and designs used by Betano in connection with the Betano Sites. However, this does not apply to the use of keywords in meta tags on your site that are identical or similar to Betano’s trademarks or brand names, including the term “Betano”.

(m) promote any non regulated operator in the regulated market.

3.3 If we decide at our discretion that you have violated any of the provisions of paragraphs 3.1 or 3.2, we may (without prejudice to any other rights or remedies we may have) withhold any payments that would otherwise be due to you under this Agreement and / or terminate this agreement.

3.4 Neither you nor your immediate family members or affiliated parties (whether a director, contractor, partner, agent, employee or otherwise) may become a customer (as defined in paragraph 5.1) and you are not entitled to any share net sales or other remuneration of Betano for such persons. The immediate family members in this context include spouses, partners, parents, children or siblings.

3.5 Only one affiliate account per affiliate is allowed. Betano reserves the right to close any duplicate accounts and cancel any amounts payable under such accounts.

3.6 Betano has the right to examine your books, records, systems and other materials and information relating to this Agreement and the services hereunder to determine if you comply with the terms hereof. To this end, you grant Betano and its professional advisers, after reasonable notice of notice during normal business hours, access to your premises, systems and information. Betano and its professional advisors are entitled to make copies of records they reasonably need, and you provide the necessary collaboration free of charge.

3.7 You may not use the Website for marketing or advertising in restricted areas, or for persons from restricted areas, or in traffic from restricted areas, or for circumventing any restrictions imposed by Betano and / or any sites related to restricted areas become, allow, support or encourage. “Restricted Territories” include the territories listed in the list available on the Betano Website; this can be changed by Betano from time to time. IT IS THE PARTNER TO CONSULT THIS LIST AND REGULARLY CHECK IT FOR CHANGES. If, at our sole discretion, we decide that you have breached this paragraph 3.7, we may (without prejudice to any other rights or remedies,

4. Duties of Betano

4.1 Betano provides the links in various formats (eg: Flash, animated gifs and others). The links may, at our discretion, contain a specific affiliate ID (an “Aff ID”) that may be changed by us from time to time. An Aff ID can be created during a given campaign (for example, during a specific parent Betano campaign); In this case, a link will be established via the link.

4.2 Subject to your compliance with all terms and conditions of this Agreement, Betano will use reasonable endeavors to ensure that whenever a customer passes through the links to the Betano Sites and subsequently places a bet with Betano, the relevant customer is identified as coming from your side becomes. Betano is not liable to you in any way if Betano is unable to identify a customer as being from your side. In particular, please note that we will not be liable to you for the actions of end users or customers if you do not meet the requirement to obtain consent prior to tracking, or if a customer refuses such consent,

4.3 If you provide Betano with personally identifiable information, Betano will comply with its obligations under the Data Protection Acts 1988 and 2003, as amended, and the EU Data Protection Policy for Electronic Communications (Directive 2002/58 / EC as amended by Directive 2006/24 / EC and Directive 2009/136 / EC and its subsequent amendments).

5. Payments, money laundering and your identity

5.1 In this paragraph 5, the following words have the following meaning:

“Net Turnover” means all gross amounts Betano receives from Customers during the term of the Agreement through the relevant Betano pages, less the following:

(a) amounts paid out as profits to customers;

(b) amounts paid in the form of taxes, duties or levies or other statutory deductions or payments to the approval authorities;

(c) fees charged by electronic payment services or credit card organizations;

(d) bad debts;

(e) amounts of fraudulent activity;

(f) refunded missions;

(g) Provisions for transactions returned at the direction of the cardholder’s bank (so-called chargebacks);

(h) the cost of bonuses, ‘free bets’ or ‘free chips’ provided to customers as an advertising or marketing campaign;

(i) refunds to customers; and

(j) any royalties to third parties or jackpot contributions that Betano must pay to customers or to our providers.

“Third Party Royalties” means any royalties or royalties that Betano has to pay to third parties to legally use technology or other products used on the Betano Site from time to time; and

“Customer”means visitors to your site who access the Betano Site via the links and who register with Betano (including providing a valid email address and other information Betano may require) and open an account when such visitors arrive comply with the terms and conditions of the Betano site and make a bet with Betano or one of its affiliates on the particular product or service that is the subject of our agreement with you (for example, if our agreement applies to sports betting, only completed sports betting will be counted and no bets on etc.). For the avoidance of doubt, this excludes any end-users who are at that time existing or former customers of Betano or another Betano Group company.

The net sales on which the affiliate payouts are based are calculated using the following formula:

NGR = GGR – (taxes + bonus payments + chargebacks)

5.2 Betano will pay you (as specified in paragraph 5.6) the currently published percentage (as indicated on the commission page of your Betano Affiliate account) of the net sales generated during the term of the Agreement in relation to the relevant Betano pages. For the avoidance of doubt, you are not entitled to any royalties on any revenue generated by customers after termination of this Agreement. Betano.pt standard revenue share is 25% of NGR (net gaming revenue) per affiliate account. No additional admin fees are charged in the affiliate program.

5.3 Betano may, from time to time, introduce other target-based fees with respect to some or all of the Betano Sites, in addition to or in addition to the above payment based on net sales. Such payments may be listed on the commission page of your Betano Affiliate account. Betano reserves the right to make changes to your commission page, such as the amount of commissions you are entitled to, and these changes will take immediate effect upon the change on your commission page.

5.4 Betano has the right to reduce or terminate the affiliate’s share of the revenue and to terminate affiliates whose performance is considered below average. We will notify you by e-mail if such reduction or termination occurs.

5.5 Betano will provide you with billing information that can be accessed via affiliates.betano, listing the number of customers and, if applicable, the revenue generated by these customers that you received during the previous calendar month. At the end of a calendar month, Betano, if applicable, will quote your total share of net sales for the previous calendar month. If a share of turnover does not exceed € 100 Betano is entitled to withhold this sum and to carry it forward by the end of the first calendar month in which the share of turnover (including the transferred sum) exceeds € 100; at that time, the payment shall be made in accordance with paragraph 5.10. For the avoidance of doubt, you will only receive a payout in any month if there is a credit balance greater than $ 100.

5.6. Negative talk Betano’s affiliate program has a negative talk every month. If there is a negative commission amount at the end of the month, the negative amount for that partner is transferred to the next month and the calculation for the new month starts with this negative amount as the starting point for the commission.

Example: Commission September 2018: -1000 €. Commission October 2018: 3000 €. The final paid commission for October 2018 is 2000 €.

5.7 You hereby consent to Betano issuing sales invoices on your behalf for the transactions covered by this Agreement until the Agreement is terminated in accordance with paragraph 12. You may not make sales invoices for the transactions covered by this Agreement.

5.8 You must notify Betano immediately if you:

(a) change your VAT status, for example, if you register for VAT purposes or if your VAT number changes;

(b) you are no longer registered for VAT purposes; or

(c) you sell your business or parts of your business.

5.9 You agree to notify Betano within 14 days of the invoice being issued if the invoice is incorrect.

5.10 You agree that the VAT (if any) shown on the invoice for the transactions under this Agreement that we issue on your behalf is the tax owed by you to the relevant tax authority.

5.11 Unless otherwise agreed in writing, Betano’s corresponding share of revenue to be paid to you at the end of each calendar month will automatically be collected and paid within 60 days of the end of the relevant calendar month (pursuant to paragraph 5.5). This share of the turnover will be paid in euros, possibly including VAT, at the discretion of Betano.

5.12 You must indemnify us against any and all losses, claims, claims, damages, costs, expenses (including, but not limited to, consequential damages and loss of profits, reasonable legal costs and legal costs and any applicable VAT) and any liability whatsoever or indirectly as a result of any breach of this paragraph 5.11 by you or as a result of your differing VAT status from what you have provided to us.

5.13 We make every reasonable effort to make payments due to you in a timely manner. However, we are not liable for any delays or delays that we have no control over. For example, changes to your contact or bank details that you have notified may cause a delay of up to 60 days in making any outstanding payments. If you find that your payments are overdue, please contact us immediately and we will try to resolve the matter as soon as possible.

5.14 We make every reasonable effort to make payments to you based on the payment details you have provided. However, in certain circumstances, for reasons beyond our control, we may not be able to make payments to you (for example, if the bank details provided are incorrect or incomplete). In this case, for a period of up to six (6) months, we will use reasonable efforts to contact you via the contact details you last deposited with Betano to obtain alternative payment information. If, after this period of time, we are still unable to complete the payments, we may close or suspend your account without further notice, forfeiting your right to payment.

5.15 If a mistake has been made in calculating your share of the turnover, Betano reserves the right to correct this calculation at any time and to recover from you any amounts overpaid by Betano (including, without limitation, the occasional reduction in future payments that would otherwise be payable by us to you).

5.16 It is a principle of Betano, money laundering and other activities that actively support money laundering or the financing of terrorist or criminal activity, if that is within its sphere of influence. Betano reserves the right to try to verify your identity through the information you provide, by obtaining information from official sources, or by any other means the Company reasonably deems necessary.

5.17 You must provide us with any supporting documentation (eg any of the following for natural persons: copy of a valid passport, copy of a valid driver’s license, copy of a utility bill, bank statement, or for business: copy of a charter of incorporation; Owner of the company and the identity of the directors of the company) that we request and you are aware that payments may be delayed if the supporting documents are not provided.

5.18 You explain and confirm that you at any time:

(a) comply with all laws, rules and regulations that apply to your performance of the obligations under this Agreement;

(b) the Data Protection Acts 1988 and 2003, as amended, and the EU Data Protection Directives on electronic communications (Directive 2002/58 / EC, as amended by Directive 2006/24 / EC and Directive 2009/136 / EC and its subsequent amendments); comply with all other applicable privacy laws, laws and regulations worldwide. According to the Privacy Policy, information (not just personally identifiable information) may not be retrieved or stored on a person’s personal devices unless the person: (i) has been clearly and fully informed of why this happens and (ii) has given their consent. You must notify users of your site that tracking technology will be installed on their hard drive when they click the links and must obtain their consent to this tracking, before retrieving or storing information from a person’s computer, smartphone, mobile phone, tablet or other device. You acknowledge that all data relating to Customers is and will remain the exclusive property of Betano. Any access to customer-related data is solely in your capacity as a data processor.

(c) if applicable, comply with all applicable laws, statutes, and codes against bribery and corruption (” Relevant Requirements “);

(d) comply with any applicable guidelines or guidelines provided by Betano from time to time (” Relevant Policies “);

(e) have and maintain policies and procedures throughout the term of this Agreement to ensure compliance with the Relevant Requirements and Relevant Policies and enforce them as appropriate;

(f) promptly notify Betano of any requests or claims for unjustified financial or other benefits of any kind you may have in connection with the execution of this Agreement; and

(g) confirm in writing and within a reasonable period of time Betano’s compliance with this clause in writing.

5.19. You must provide the evidence of compliance that Betano may reasonably require.

5.20 A violation of paragraph 5.18 shall be deemed a material breach of this Agreement.

5.21 In accordance with the terms and conditions of the Lotteries and Gaming Authority’s (LGA) licensing terms and conditions, Betano is committed to ensuring that third parties fulfill the following conditions, and you therefore: (a) agree to do so on behalf of Betano behave as if you were bound by the same license terms and rules of conduct as Betano, for example by supporting Betano in displaying information or providing links (for example, a link to the LGA website) that the LGA may request; (b) comply with all technical standards for online gambling systems that the LGA may determine; and (c) provide Betano with the information that the Company reasonably may require, so Betano will be able to: to fulfill its information and other obligations to the LGA; (d) Betano may terminate this Agreement with immediate effect if you have infringed Betano’s reasonable opinion against paragraph 5.20 or otherwise acted in a manner contrary to LGA’s licensing requirements.

5.22 You are solely responsible for your own marketing and promotional activities and you must conduct such activities in a responsible manner and in compliance with all applicable laws, regulations and promotional codes. In particular, you must: (a) apply appropriate data protection and security measures; and (b) fulfill its obligations under paragraphs 5.18 (b) and 3.7. You must promptly comply with Betano’s claims with respect to paragraph 5.21. If you do not, Betano reserves the right to terminate this Agreement with immediate effect.

5.23 For all amounts to be paid by Betano under or in connection with this Agreement, we may at our discretion decide which entity within the Group will make the payments and to what proportion.

5.24 Nothing in this Agreement shall create or be construed as a partnership or relationship between a party and agent or employer and contractor between the parties. You are liable to the tax authorities and customs and excise authorities or other relevant authorities for any taxes due on or in relation to any payments we make to you, and you must indemnify Betano from any liability we may have imposed in this regard.

6. Errors

6.1 Betano makes every effort to ensure that no errors occur in the calculation of the amounts to be paid to Partners. However, human, system errors and / or third-party errors may occasionally result in errors. Betano reserves the right to correct obvious errors and to cancel payments (including the right to reimbursement if payments were made in error) where they occurred.

6.2 In the case of gross errors in payments made (for example, if a payment made differs materially from previous or comparable payments / periods and / or the payment is obviously wrong in all circumstances) the amount paid will be balanced in the appropriate amount. If you are credited with incorrect amounts, you are responsible and you agree to notify Betano immediately about the error. You agree to fully cooperate with Betano to correct any errors, including the repayment of any overpayments. Betano may offset any payment obligations you may have to us from future payment obligations owed to you under this Agreement.

7. Fraud, responsible gambling, protection of minors and crime prevention

7.1 Betano reserves the right to seek criminal or other sanctions against you if we suspect that you have been involved in any fraudulent, unfair or criminal activity and we will disclose this information to the appropriate authorities or other relevant third party if this is required in this regard. Fraudulent acts include actions that are conducted in bad faith and / or acts intended to trick Betano or a member of his group.

7.2 Betano intends to make betting a pleasurable and entertaining experience while at the same time taking our responsibility very seriously. Because of this, we strive for:

(a) ensure that gambling is conducted in a demonstrably fair and open manner in order to protect customers;

(b) to ensure that children and other vulnerable persons are protected as much as possible;

(c) Prevent gambling from leading to crime or order disruption.

7.3 You agree not to knowingly or negligently violate the provisions of paragraph 7.2 by acting or neglecting or to cause conflicts on Betano’s part.

7.4 Betano reserves the right to immediately suspend or terminate any accounts in which we believe to be involved in fraud, money laundering and / or other forms of illegal or suspicious activity, to withhold any amounts payable to the Account and the Information that we reasonably consider necessary to report to the relevant authorities.

8. License to use the trademarks

8.1 We hereby grant you a nonexclusive, non transferable, revocable license, exclusively for the term of this Agreement, to use Betano’s intellectual property, including, without limitation, any logos, trademarks, trade names, designs or similar identifying materials, Betano or belong to a member of his group or are licensed to them (the “Trademarks”), as we do to you through our online media gallery and via electronic newsletters exclusively in connection with the presentation of links on your page or in connection with e-mail promotions with the brands we release in advance.

8.2 You may not sublicense, assign or otherwise transfer this license without the prior written consent of Betano. Your right to use the trademarks is limited to the license to use the links and arises solely from them.

8.3 This license automatically terminates upon the termination of this Agreement for any reason.

8.4 You are not entitled to invoke or challenge the invalidity or unenforceability of the Marks by any means whatsoever, nor to take any action that would damage our rights or the rights of our Licensor to the Marks, or to otherwise impersonate them weaken the brands or weaken the associated goodwill (which belongs exclusively to Betano).

8.5 You may not register or attempt to register trademarks, brand names, logos, or similar identifying materials that are trademarks that are confused or otherwise confused with the trademarks or other intellectual property rights, or upon registration or attempt participate in the registration by third parties.

8.6 You agree not to register or attempt to register domain names that are similar to Betano pages or Intellectual Property Rights of Betano (or any intellectual property belonging to a member of our group) or to register or register at any time. attempting to register third parties, including (for the avoidance of doubt) any misrepresentation, other variations of domain names or other similar forms. If you violate this paragraph 8.6, you have the right to stop using such a domain immediately and to transfer this domain to us or third parties selected by us.

8.7 You agree to do any reasonable cooperation with us for trademark protection against third-party infringements or other attacks.

9. Additional guarantees

9.1 Each party to this Agreement represents and warrants to the other that it holds all rights, titles and entitlements and will retain them for the duration of this Agreement to enter into this Agreement in order to grant the other party the rights and licenses granted in this Agreement and all to fulfill their duties under this agreement.

9.2 You are solely responsible for the operation and content of your site and you represent, warrant and agree that your site does not contain material that is defamatory, sexually explicit, unlawful, infringing, threatening, obscene, harassing, racially, ethnically or otherwise is offensive or discriminatory, violent, politically explosive or otherwise controversial, or violates our rights or third party rights, and you must not link to such material. We are not liable for third party claims in relation to your site or related products or services, and you must fully indemnify us for any losses we or our members suffer in connection with such claims (direct or indirect).

9.3 You represent and warrant that you have reached the legal age of gambling in accordance with relevant legislation in your country. Partners under the age of 18 are not allowed to participate in the Affiliate Program.

9.4 You represent and warrant that you will not, either directly or indirectly: (a) denounce Betano, its members or the Betano Sites by acts or omissions, or harm the interests, reputation or goodwill of such parties and sites; or (b) engage in activities that we reasonably believe are inappropriate, inappropriate or fraudulent.

10. Disclaimer

10.1 The Betano pages and links are provided “as is”, without any warranties, express or implied, and all warranties, including warranties of merchantability, non-infringement of intellectual property rights, fitness for a particular purpose, and the completeness or accuracy of the following Content is hereby excluded to the greatest extent permitted by law. Neither Betano nor its licensors warrant that the provision of material and content on or links to or from the Betano Sites and / or the links are uninterrupted, timely, secure or error-free, or that they are free of viruses or bugs.

11. Compensation and liability

11.1 You must indemnify and hold harmless any liability for any losses, claims, claims, damages, costs, expenses (including, but not limited to, consequential damages and loss of profits, reasonable legal costs and legal costs and any applicable VAT) and any liability Betano or You, directly or indirectly, incur a Membership of our Group as a result of any breach, failure or failure to comply with your obligations or warranties under this Agreement.

11.2 Nothing in this Agreement constitutes a limitation or exclusion of the liability of either party for death or personal injury or for any breach of compensation under this Agreement for which liability is not limited.

11.3 We shall not be liable to you for any contract, tort or otherwise (including liability for negligence) for any direct or indirect loss of business, revenue or profit, loss of anticipated savings or wasting, destruction or destruction of data or for any incidental or consequential damages ,

11.4 We shall not be liable for any loss or damage you may suffer as a result of force majeure, power failure, trade or industrial action, acts, errors or omissions of any government or authority, interference with or failure of the telecommunications services or networks or any other acts, omissions, delays, or Negligence caused by third parties or otherwise beyond our control.

11.5 Betano’s liability in no event exceeds the sum of all monies paid to you by Betano for a period of 12 months prior to the date on which the liability occurred.

11.6 We are not liable for any claims or disputes between you and a user of your site.

12. Termination

12.1 This Agreement will commence (or, in the case of existing Affiliates) on the date on which Betano notifies you (or notifies you, in the case of existing Affiliates) that your application has been and remains successful for inclusion in the Betano Affiliate Program valid until terminated in accordance with this section 12.

12.2 Either party may terminate this Agreement immediately by written notice if a coercive, bankruptcy or asset manager is appointed for all or part of the other party’s assets, or if the other party from the Register of Companies in the country, in of which it was created, or an order or resolution for the liquidation of the other party is issued (unless that order or resolution forms part of a voluntary plan for the restructuring or merger of that party as part of a solvent enterprise and the resulting entity, if it is another entity, is committed to be bound by this Agreement),if a bankruptcy proceeding is opened against you or if you are subject to a similar procedure in any part of the world as described in paragraph 12.2.

12.3 Betano may suspend or terminate this Agreement by notice to you immediately: (a) if you materially breach any provision of this Agreement and fail to remedy that violation (if recoverable) within the time limit set by Betano; (b) in accordance with its rights under paragraph 3.3, paragraph 3.7, paragraph 5.20, paragraph 5.21 or paragraph 7.4; or (c) if you breach any of the warranties in this Agreement. Betano reserves the right to withhold any sums due to you in such circumstances (regardless of whether or not the sums are due to the breach).

12.4 Betano may, at its sole discretion, suspend or terminate this Agreement by notice in the event that we assume that you are not qualified as a partner for any reason. Betano is under no obligation to disclose the reasons in connection with such suspension or termination. If Betano discloses the reasons for such suspension or termination, we may withhold and / or cancel payments that would otherwise have been due to you.

12.5 Each party may terminate this Agreement by giving seven (7) days written notice to the other party.

12.6 The termination of this Agreement shall not affect the rights of the parties, which may arise on or after the date of termination.

12.7 Upon termination of this Agreement for any reason, you shall remove from your side all links and other content that is owned or developed, licensed or created by Betano and / or provided to you by Betano in connection with this Agreement and all rights and licenses granted to you in this Agreement will terminate with immediate effect.

12.8 We may deduct any debts and liabilities that Betano may be entitled to from payments due and payable to you.

12.9 For the avoidance of doubt, you have no claim to any revenue share in respect of any revenue generated by Customers after termination of this Agreement.

13. General

13.1 This Agreement (including your application form) contains the entire agreement between the parties with respect to their subject matter and supersedes all prior agreements and understandings between the parties with respect to their subject matter.

13.2 You may not assign or sublicense your rights and / or obligations under this Agreement without the prior written consent of Betano.

13.3 Any delay, failure or omission on the part of any party in enforcing any term or provision of this Agreement against the other party shall not constitute a waiver of any right of that party under this Agreement, or shall in any way impede or limit the rights be interpreted that way.

13.4 If any provision of this Agreement is held wholly or partly invalid or unenforceable, the contested provision applies (or portion thereof) to be deleted from this agreement and the remaining provisions (including the remainder of the provision in question) remain valid and applicable.

13.5 Any communications that are or will be made to Betano under this Agreement will be made by e-mail to marketing.deutschland@betano.com . Betano will send you all communications under this Agreement to the e-mail address provided in your application form or to any other e-mail address you have provided to Betano.

13.6 During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operation or underlying technology of Betano and / or the Betano Partner Program. You agree to prevent the disclosure of confidential information to third parties or external parties or their unauthorized use, unless you have previously obtained the written consent of Betano. You may use this Confidential Information only for purposes that are for the purposes of this Agreement. Your confidential information obligations also apply to the termination of this Agreement and you must indemnify us for any loss,

13.7 This Agreement and its interpretation shall be governed by the laws of Malta and each party shall submit to the exclusive jurisdiction of the courts of Malta for the settlement of disputes thereunder.