Terms and conditions

1.1. In this Agreement, the following expressions shall have the respective meanings assigned to them, unless otherwise defined in a Schedule, where the meaning ascribed in the Schedule shall apply to such Schedule:
Administrative Fees means any administrative fees charged by the Company.
‍Agreement means this Agreement, the preamble and all the Schedules that are attached hereto. 
Agreement Acceptance as defined in Section ‎C above.Affiliate means the person, company or other entity which you detail in the Application Form.
‍Affiliate Program means the Elabet Partners affiliate program operated by the Company and made available through the Affiliate Program Site.
‍Application Form means the application form in order to register for participation in the Affiliate Program made available through the Affiliate Program Site and which is available www.elabetpartners.com or at such other URL as may be designated by us from time to time.
‍Affiliate Program Site means the website located at www.elabetpartners.com.
‍Affiliate Site or Affiliate Sites means the websites, mobile applications which the Affiliate owns and operates which have been approved by the HGC and which are listed in Order Form and any Sent Marketing.
‍Affiliate Suitability License means the decision by the HGC approving a person’s or entity's (as applicable) suitability to be an affiliate pursuant to the relevant provisions of the Greek Gaming (Suitability of Persons) Regulations. 
‍Affiliate Suitability License Number means the assigned license number for affiliates listed on the Affiliates Registry of the HGC. 
Affiliate Payments means, if and as applicable, the Revenue Share Commission, CPA Commission, Hybrid Commission, Fixed Fee as detailed in each Order Form, that the Affiliate is to receive.
‍Affiliate/Associate Definition has the meaning given to it in Section ‎2.5. 
‍Applicable Laws means all applicable laws, directives, regulations, marketing guidelines, rules, mandatory codes of practice or conduct, standards, judgments, judicial orders, ordinances and decrees imposed by law or any competent governmental or regulatory authority or agency, which for the avoidance of doubt includes without limitation the HGC guidelines on organising and running Games of Chance. 
‍Bonuses means any credits, bonus, bonus points or other promotional amounts.
‍CPA Commission means if and as applicable,  a fixed payment amount as detailed in Order Form, that the Affiliate is to receive, for each person who from Email Notification and for the remainder of the term of the Agreement: (i) becomes a Customer on a Promoted Site in accordance with the terms of the Agreement; (ii) makes a minimum real money deposit of an amount as detailed in Order Form on such Promoted Site; and (iii) wagers a minimum amount as detailed in Order Form on such Promoted Site. 
‍Commission means if and as applicable, the Revenue Share Commission, CPA Commission and/or Hybrid Commission that the Affiliate is to receive.  
‍Company means Elladix Limited, a company incorporated under the Laws of Malta and bearing company registration number C 97915 and currently having its registered office at Quad Central, Q3 Level 3, Triq l-Esportaturi, Zone 1 Central Business District, Birkirkara, CBD 1040, Malta.  
Customer means a person who is located in the Territory, who has directly entered a Promoted Site through the Marketing Materials placed on an Affiliate Site and is identified by the Company as being sent by the Affiliate through the Tracking Link, and such person from Email Notification and for the remainder of the term of the Agreement: (a) registers an account with the Company for such Promoted Site; (b) has not previously opened an account with the Company; (c) has had their account registration details validated by the Company; and (d) complies with any other relevant criteria set out in this Agreement. 
‍Cut Off Date has the meaning given to it in Section ‎7.12.
‍Deductible Costs means any third party fees (including without limitation, licensing fees, progressive jackpot contributions, transaction fees, game royalties, payment processing fees, end-user verification and validation fees, software royalties, any game content fees) incurred by the Company and any amounts incurred by the Company due to Fraud.
‍Email Notification has the meaning given to it in Section ‎2.2. 
e-Privacy Directive means Privacy and Electronic Communications Directive 2002/58/EC (and respective local implementing laws) concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 
Fixed Fee means if and as applicable, a fixed amount as detailed in each Order Form that the Affiliate is to receive monthly. 
‍Fixed Fee Payment means a pro rata amount of the Fixed Fee by the Company for the number of days which have elapsed in the month which the effective date of termination of the Agreement falls or in which the Cut off Date falls (as applicable).  
Fraud means any fraudulent or abusive act determined by the Company (regardless of whether any such action has resulted in any type of harm or damage to the Company) which includes but is not limited to: (i) any actual or attempted bonus abuse by the Customer; (ii) the Affiliate's, or a third party’s encouragement of bonus abuse by a Customer or the encouragement of bonus abuse by a Customer; (iii) a chargeback executed by a Customer in relation to their deposit; (iv) any collusion by a Customer; (v) the opening of an Affiliate Account in breach of the terms of this Agreement; (vi) the offering or providing by the Affiliate or any third party on the Affiliate's behalf of any unauthorised incentives (financial or otherwise); (vii) the offering or providing by the Affiliate or any third party  of any cashback; (viii) Spam Traffic; (ix) any actual or attempted act by the Affiliate or a Customer which breaches Applicable Laws; (x) any act by the Affiliate or a Customer which is intended to defraud the Company; (xi) a person who registers with the Promoted Site using a VPN, a proxy server, or who shares the same IP Pool; (xii) any attempt by the Affiliate to artificially increase the amount of Customers or Commission payable to the Affiliate; or (xiii) any use by a Customer of any software program, robot or external aid, which is endowed with artificial intelligence, to play on a Promoted Site.  
Games of Chance means the Online Bet referred to in Article 25(c) of the Greek Gambling Act and Other Online Games (casino games, poker and its variations, provided online and conducted either live or with the use of a random number generator) referred to in Article 25(v) of the Greek Gaming Act which may be organised and run lawfully in the territory of Greece by the Company via its sites.
‍GDPR has the meaning given to it in Section ‎17.3. 
‍Guidelines means the guidelines the Company may, at its sole and absolute discretion, provide to the Affiliate by email (as may be amended from time to time). 
‍Group Company or Group Companies means any entity directly or indirectly controlling, controlled by, or under common control with the Company. For the purpose of this definition, "control" (including, with correlative meanings, the terms "controlling", "controlled by" and "under common control with") means the power to manage or direct the affairs of the entity in question, whether by ownership of voting securities, by contract or otherwise.HGC means the Hellenic Gaming Commission.
‍Hybrid Commission means if and as applicable, payment that the Affiliate is to receive based on a combination of CPA Commission and Revenue Share Commission as detailed in Order Form which becomes payable once the criteria with respect to the CPA Commission has been fulfilled.      
‍Intellectual Property Rights means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trademarks, trade dress, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URLs, trade names, or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.IP Pool means a network with multiple IP addresses.
‍Legal Age or Legally of Age means 21 years of age.
‍Marketing Materials means the online marketing materials (such as banner advertisements, button links and text links) which contain the Tracking Links provided by the Company or made available for the Affiliate's use by the Company in order to market and promote a Promoted Site on the Affiliate Sites. 
‍Marks has the meaning given to it in Section ‎‎10.2.
‍Net Revenue means in a calendar month with respect to the Promoted Site on which individuals became Customers in relation to a Revenue Share Commission or a Hybrid Commission, the aggregate of such Customers real money bets on gambling products on such Promoted Site less: 
(i) monies paid out to such Customers as winnings in respect of such bets (as applicable);
(ii) Bonuses granted to such Customers;
(iii) Deductible Costs;
(iv) any returned transactions or any uncollected (or refunded) revenue attributable to such Customers (including chargebacks, 'preventative' chargebacks or in settlement of any claims involving a Customer);
(v) Administrative Fees;
(vi)charges levied on the Company by electronic payment or credit card organisations in respect of such Customers;
(vii) monies which are attributed to Fraud;
(viii) stakes returned to such Customers;
(ix) as the Company determines in its sole discretion, bad debts in respect of such Customers;
(x) and any licensing fees, applicable gaming taxes, value added taxes, duties or similar mandatory payments imposed by any authority having jurisdiction over the Company. 
‍Order Form means an order form which is signed by the Company’s and the Affiliate’s authorised representatives, which lasts for specific duration and contains details of the Commission payment amount and details as well as additional commercial terms.  
Personal Data as defined in Schedule A attached hereto.
‍Revenue Share Commission means if and as applicable, a percentage of the Net Revenue as detailed in each Order Form signed with the Affiliate, that the Affiliate is to receive for each Customer. 
‍Tracking Link means a tracking URL through which the Company tracks the number of Customers, directed to the respective Promoted Sites by the Affiliate.
‍Payment Account as detailed in each Order Form between the Affiliate and the Company.
‍Promoted Site or Promoted Sites means the website or application which is promoted through the Marketing Materials which the Affiliate uses.Regulator means any governmental, regulatory and administrative authorities, agencies, commissions, boards, bodies and officials or other regulatory body or agency that has jurisdiction over (or is responsible for or involved in the regulation of) the Company and/or the Affiliate which includes without limitation the HGC.  
‍Sent Marketing means any form of sent electronic marketing communications which may be sent by the Affiliate subject to Applicable Laws and any instructions, directions or guidance provided by the HGC as well as the Affiliate obtaining and maintaining any approval required from the HGC.  
Relatives means spouse, partner, parent, child or sibling.
‍Social Media Platform means any social network, community and/or content sharing based platforms which includes without limitation Facebook, LinkedIn, Instagram, Twitter and Myspace.  
‍Streaming Platform means any platform which provides online streaming services which includes without limitation YouTube and Twitch.
‍Spam Traffic means any deposits, revenue or traffic generated at a Promoted Site or in the Customer’s account on a Promoted Site through illegal means or in bad faith, regardless of whether or not it actually causes harm to the Company or any third party. Spam Traffic includes but is not limited to spam and false advertising. 
‍Taxation Documentation has the meaning give to in Section ‎7.10. 
Territory means Greece.
1.2. Any phrase introduced by the terms "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.3. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
1.4. The headings in this Agreement are for ease of reference only and shall not affect its construction.
1.5. In this Agreement, if the context so requires, references to the singular shall include the plural and vice versa.
1.6. A reference to any statute, statutory provision or statutory instrument includes a reference to that statute, statutory provision or statutory instrument together with all rules and regulations made under them and as from time to time amended, consolidated or re-enacted.

2.1. To become a member of the Affiliate Program, the Affiliate must complete the Application Form.
2.2. The Affiliate must ensure that the Application Form includes all the information requested by the Company. If the information provided is incomplete or inaccurate, this may result in a delay in the review of the Affiliate’s Application Form or a rejection of the Affiliates application to join the Affiliate Program.
2.3. The Affiliate shall immediately provide the Company with a valid copy of its Affiliate Suitability License issued by the HGC and its Affiliate Suitability License Number. It shall be at the Company's sole discretion whether the Affiliate's Suitability License issued by the HGC and its Affiliate Suitability License Number are acceptable to the Company.
2.4. It is at the Company’s sole discretion whether to accept the Affiliates Application Form and accept the Affiliate to the Affiliate Program, and the Company shall not have any liability to the Affiliate or to anyone else in relation to a rejected Application Form. The Company has no obligation to provide any reason for rejecting the Affiliate’s Application Form and the Affiliate’s participation in the Affiliate Program.
2.5. The Company shall notify the Affiliate by email, if it is willing to proceed with the Affiliates Application Form and Affiliates Suitability License issued by the HGC and its Affiliate Suitability License Number ("Email Notification"). Such Email Notification shall not in any way mean that the Company has accepted and/or authorised the validity of the Affiliate Suitability License issued by the HGC and the Affiliate Suitability License Number. The Affiliate may not make any warranty or representation related to the Email Notification to any third party. 
2.6. It is at the Company's sole discretion whether to provide the Email Notification. The Company shall not have any obligation to provide any reason for its decision. 
2.7. In the event that the Company does not wish to provide the Email Notification, the Agreement will immediately terminate. The Affiliate shall have no right to appeal any decision by the Company. 
2.8. The Affiliate shall at all times during the term of the Agreement meet the requirement of the "Associate" definition, as described in the Greek national legislation and, those provisions laid down in the decisions of the HGC No 509/1 /11.09.2020 for granting Affiliate Suitability License and 79292 EX 2020 decision on the Enactment of the Gaming Regulation on Commercial Communication ("Affiliate/Associate Definition").
2.9. In the event that: (i) the Affiliate Suitability License issued by the HGC and/or the Affiliate Suitability License Number is cancelled, revoked, discontinued, suspended or expires; or (ii) the Affiliate does not fall under the Affiliate/Associate Definition, the Affiliate shall immediately notify the Company and the Company may terminate the Agreement on written notice to the Affiliate or suspend the Agreement under Section ‎19.
2.10. The Affiliate accepts and agrees that the Company and the Group Companies shall not be liable to the Affiliate in any way whatsoever if the: (i) Affiliate Suitability License issued by the HGC and/or the Affiliate Suitability License Number is cancelled, revoked, discontinued, suspended or expires at any time for any reason; and/or (ii) Affiliate does not fall under the Affiliate/Associate Definition. 
2.11. During the term of the Agreement, the Affiliate shall make all further disclosures necessary to the Company to ensure that the information provided to the Company in relation to the Affiliate Suitability License issued by the HGC, the Affiliate Suitability License Number and that the Affiliate falls under the Affiliate/Associate definition, is complete and up to date.  
2.12. If the Affiliate is a person, the Affiliate must be Legally of Age or older. If the Affiliate is an entity, it can have no one working for it who is below the Legal Age. 
2.13. Upon acceptance of this Agreement by both Parties and/or upon the execution of an Order Form, the Affiliate shall provide the Company with the Affiliate Sites' WHOIS Certificate showing that the Affiliate is the owner of the Affiliate Sites domain names. 
2.14. The Affiliate shall not market or promote the Promoted Sites until the Company has provided Email Notification and the Parties executed an Order Form and its submission and acceptance by the HGC. For the avoidance of doubt, the Company shall not be liable to pay the Affiliate any Affiliate Payments prior to Email Notification, signing of an Order Form and submission of it to the HGC.
2.15. The Company reserves at any time and for any reason to request further documentation and information from the Affiliate (including but not limited to documents such as identity card, proof of address, certificate of incorporation, certificate of registered address, certificate of good standing and certificates proving good financial standing) and the Affiliate shall immediately provide the Company with such documentation and information. If deemed necessary, the Company may request that copies of any documents are notarised by a Public Notary. 
2.16. The Company may request at any time that the Affiliate provide the Company with documentation as determined by the Company which verifies all of the Affiliate's beneficiaries and payment details. The Company shall not be liable to pay the Affiliate any Affiliate Payments until verification of the Affiliate's beneficiaries and payment information is completed to the Company's satisfaction. If at any time the Affiliate fails such verification, the Company may terminate the Agreement immediately on written notice to the Affiliate.
2.17. In the event that any of the information provided by the Affiliate to the Company is out of date or becomes incorrect, the Affiliate must immediately notify the Company.  

3.1. From execution of the Order Form and its submission to and approval by the HGC and for the remainder for the term of the Order Form, the Affiliate may only use the Marketing Materials to market and promote the Promoted Sites on the Affiliate Sites to persons located in the Territory, in accordance with the terms of this Agreement.  
3.2. The Affiliate shall only use the most up to date Marketing Materials to promote the Promoted Sites.
3.3. The Affiliate shall not alter, modify or amend the Marketing Materials which includes without limitation the Tracking Links, unless the Company provides its prior written approval. Without derogating form any of the Company's other right and remedies, if the Affiliates makes any alternations, modifications or amendments without the Company's prior written approval, the Company may render the Tracking Link inoperative.  
3.4. The Affiliate's use of the Marketing Materials must comply with Applicable Laws.
3.5. The Company may request that the Affiliate changes the positioning of the Marketing Materials, cease using the Marketing Materials, or use different Marketing Materials and the Affiliate must immediately comply with such request. 
3.6. The Affiliate shall not provide the Marketing Materials to any third party. The Affiliate shall not provide the Marketing Materials to any third party. 
3.7. The Affiliate agrees that it shall cooperate fully with the Company in order to establish and maintain the Marketing Materials which includes without limitation the Tracking Links.
3.8. The Company may at any time and at its sole discretion amend the Company's tracking system and reporting format and the Company may provide the Affiliate a notice by email to that effect. 
3.9. If the Affiliate's use of any Marketing Materials including without limitation the Tracking Links is not in compliance with the terms of this Agreement, the Company may take such measures as to deactivate such Marketing Material or the Tracking Link contained therein.

4.1. The Affiliate undertakes to immediately comply with (as may be amended from time to time by the Company) the Guidelines and any additional policies, instructions, terms and conditions relating to the marketing of the Promoted Sites which the Company may provide to the Affiliate by email.  
4.2. The Affiliate absolutely and unreservedly accepts that it shall comply with and the Affiliate Sites shall comply with all Applicable Laws.
4.3. The Affiliate undertake that it shall be the owner and operator of the Affiliate Sites.
4.4. The Affiliate Sites shall not infringe third party Intellectual Property Rights.
4.5. The Affiliate Sites must not be designed to appeal or appeal to individuals that are below the Legal Age.  
4.6. The Affiliate Sites must not be designed to distribute, distribute or promote any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of unwanted threats.
4.7. The Affiliate Sites must not contain any content which the Company deems to be unlawful, harmful, threatening, defamatory, obscene, or harassing which includes without limitation: (i) "hard" or "soft" adult content, pornographic content or sexually explicit content; (ii) content that is discriminatory in any way, including on the basis of gender, race, religion, disability or sexual orientation; (iii) content which is offensive, profane, hateful, threatening, harmful, defamatory, libellous or harassing; or (iv) violent content.
4.8. The Affiliate will not, nor will any entity on the Affiliate's behalf or with the Affiliate's permission or authority, explicit or implied, market or promote a Promoted Site to any person who is not located in the Territory.
4.9. In addition to the Affiliate's use of Marketing Materials, subject to the Company's prior written consent, from time to time, the Affiliate may promote the Promoted Sites by publishing specific offers/promotions. All such use and publishing of the specific offers/ promotions may only be carried out subject to our prior written consent and must be carried out in accordance with the Agreement and Applicable Laws. 
4.10. The Affiliate shall at all times, market and promote the Promoted Sites: (i) in accordance with Applicable Laws; (ii) in a manner which does not infringe third party Intellectual Property Rights; and (iii) only to persons above the Legal Age .
4.11. The Affiliate shall at all times market and promote the Promoted Sites in a socially responsible manner. Without derogating from the foregoing, the Affiliate must never market and promote any of the Promoted Sites in a manner that (which includes without limitation the content on the Affiliate Sites): (i) portrays, condones or encourages behaviour that is socially irresponsible or which can lead to social or emotional harm; (ii) claims that gambling is free of the risks of financial losses; (iii) promotes behaviour that objectively leads to financial harm; (iv) provides false or unrealistic information about the probability of gambling winnings or returns; (v) suggests that skill can influence the outcome of a game of pure chance; (vi) suggests that it is possible to gamble anonymously or without holding an account with an online gambling operator; (vii) targets or specifically appeals to those under the Legal Age; (viii) shows, condones or encourages criminal or antisocial behaviour; (ix) condones or encourages anti-social behaviour; (x) suggests gambling is an important part of an individual’s life and can be a resolution to personal, professional or educational problems; (xi) claims that gambling can lead to social success or enhancement of personal qualities or that gambling can improve a persons’ self-esteem; (xii) promotes gambling as an alternative to employment, or a financial investment or a solution to financial problems; (xiii) implies that gambling is more important than family, friends, professional or educational obligations; (xiv) exploits the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of people or vulnerable persons; (xv) contains content that gambling could lead to sexual success or enhanced attractiveness; or (xvi) suggests or applies peer pressure to gamble or that abstention from gambling is disparaging. 
4.12. The Affiliate shall not carry out any keyword bidding and/or Pay Per Click advertising with respect to the Promoted Sites. 
4.13. For the avoidance of doubt, the Affiliate shall not market the Promoted Sites on any Social Media Platform and/or Streaming Platform and/or Affiliate Site, which is not approved by the HGC and is not in accordance with Applicable Laws. 
4.14. The Affiliate agrees that it is responsible for the operation of the Affiliate Sites and the content of the Affiliate Sites including without limitation the accuracy and completeness of such content.
4.15. The Affiliate shall not advertise the Promoted Sites in any way not approved in advance by the Company.

5.1. In the event that the Company agrees with the Affiliate by email and/or an Order Form that the Affiliate may use Sent Marketing, the Affiliate represents and warrants that all such Sent Marketing and all of the Affiliate's direct channels’ marketing activities comply with the requirements of this Agreement including without limitation this Section ‎5 and Applicable Laws for any promotion of the Promoted Site through Sent Marketing. 
5.2. For the avoidance of doubt, the Sent Marketing may only be sent subject to the Affiliate obtaining and maintaining any approval required from the HGC.
5.3. The Affiliate agrees that it is solely responsible for its own actions towards the Customers, ensuring that all of its activities regarding Sent Marketing, comply with all Applicable Laws, including but not limited to privacy laws, GDPR and e-Privacy Directive or any direct marketing rules published by any national authority or regulatory body and do not infringe any such legislation.
5.4. The Affiliate warrants and represents that the Sent Marketing:
5.4.1. shall comply with any instructions, directions or guidance provided by the HGC;
5.4.2. is clear and unambiguous that the Affiliate is advertising the Promoted Site and not any third parties, their products and/or their sites as well as that any advertising is sent from the Affiliate and not the Company. 
5.4.3. includes a clear and unambiguous identifiable reference that the Sent Marketing is a commercial communication;
5.4.4. is not sent to individuals below the Legal Age; 
5.4.5. includes the true name in the “From” field of any email and is not a sales pitch or marketing message. Any such correspondence must clearly identify the Affiliate as the communication’s sender and the Affiliate shall not attempt to or falsify or disguise or try to hide its identity in any way. For the avoidance of doubt, the Affiliate is not allowed to reflect or attempt to give the illusion that the message is sent on the Company's behalf.
5.4.6. includes a prominent and user-friendly function of “opt-out” or “unsubscribe” (e.g., “unsubscribe button”) as well as contains a valid operative email address to which the recipient of such Sent Marketing can respond to unsubscribe or opt-out future promotions. In such instances the Affiliate agrees not to send any Sent Marketing to any individual who has indicated (by whatever means) that they do not wish to receive any further marketing communications and where applicable the Affiliate shall conduct prior research into local "Do not call" registry in order to verify that individuals have not already opted out of receiving such Sent Marketing; 
5.4.7. contains a link to the Company's Privacy Policy located www.elabetpartners.com/privacy-policy; and.
5.4.8. notwithstanding the foregoing, where the Affiliate wishes to engage any third parties to provide any such Sent Marketing, the Affiliate shall bear all the responsibility for ensuring such third parties comply with the same requirements of this Agreement and with any Applicable Laws. 
5.5. Before sending the Sent Marketing the Affiliate agrees to obtain the recipient's prior opt-in consent and to maintain an adequate consent register for each individual, this means that the recipient has taken an affirmative action to indicate their consent to accepting electronic marketing communications, such consent must be freely given, specific, informed and affirmative.  
5.6. Any Sent Marketing linked to the Promoted Sites must use a valid and working unsubscribed link to the Sent Marketing. The Affiliate acknowledges and accepts that any Sent Marketing, related to the Promoted Sites must comply with marketing guidelines and Applicable Laws and any guidelines as may be provided by the Company or as notified to the Affiliate by the Company. 
5.7. The Affiliate must maintain an accurate and up-to-date record of an opt-out request of any recipient who requested and indicated, by whatever means, their refusal to receiving electronic marketing communications.
5.8. The Affiliate must ensure that it has performed suppression of its Sent Marketing lists, such as mailing lists, to exclude any individuals that are self-excluded from any gambling platform which includes without limitation any gambling websites or applications or any other individuals who should not receive any marketing materials relating to Promoted Sites (which includes without limitation the Marketing Materials). The Affiliate shall ensure that a player who has self-excluded from any of the Promoted Sites is not sent a promotion after the self-exclusion and the Affiliate is solely held responsible for the content and manner of the marketing activities that are carried out there on after. This provision shall apply similarly for any individual that has opted-out from receiving Sent Marketing.
Notwithstanding the foregoing, if the Affiliates receives a complaint from a recipient of any Sent Marketing that the Affiliate has initiated, the Affiliate agrees to promptly notify the Company within 24 hours.
5.9. In the event that the Company receives any complaint, request or inquiry from a recipient of any Sent Marketing or a competent authority in relation to the Sent Promotion or practices or compliance with GDPR or any other Applicable Laws, if the Company requests, the Affiliate agrees to provide the Company with full information regarding the corresponding recipient of the Sent Marketing, including but not limited to the source and way of the Affiliate obtaining their Personal Data, proof of that recipient’s opt-in consent and any other details that the Company finds related and requires. The Affiliate agrees to respond to every such request within 5 days from the receipt of the Company's request.
The Affiliate hereby authorizes the Company to provide information about it, as the Data Controller  responsible for the compliance with GDPR with respect to the processing of Personal Data of the recipients of the Sent Marketing, as well as assist the Company in providing any relevant information including the Affiliate's reply to the Company's request under the Section ‎5.9, to any person who has filed a complaint with the Company and/or any (competent) authority. 

6.1. The Affiliate Payments due to the Affiliate under this Agreement shall be as detailed in each Order Form.
6.2. In the event the Affiliate has received any Affiliate Payments when the Affiliate does not possess the Suitability License issued by the HGC, a Suitability License Number, the Affiliate does not fall under the Associate Definition, the Affiliate Sites are not approved by the HGC and/or the Affiliate Sites are not listed to the official website of the HGC, the Affiliate shall reimburse the Company all such Affiliate Payments within five days of the Company’s written demand and the Affiliate shall indemnify and hold harmless the Company and its Group Companies for any loss or damages suffered in relation to the Company having paid the Affiliate Payments.
6.3. The Affiliate undertakes that it shall not become a Customer and the Affiliate shall not be liable to receive any Commission with respect to such. If the Affiliate is a person, the Affiliate shall not be liable to receive any Commission with respect to any of its Relatives becoming a Customer. Furthermore, if the Affiliate is an entity, the directors, officers and employees of such entity and any Relatives of such individuals shall not be eligible to become Customers and the Affiliate shall not be liable to receive any Commission with respect to such. The number of Customers per individual household computer, tablet device and mobile device is limited to one.  
6.4. The Affiliate acknowledges and agrees that the Company's measurements and calculations in relation to the number of Customers and the calculation of Commission shall be final and any further review of those figures shall be at the Company's discretion.

7.1. Negative net revenue generated in any given month by any Customer whom We, in Our sole discretion, deem to be "high roller" shall be carried forward and offset against any possible future net revenue generated by the players referred by You until such negative net revenue is zeroed. The criteria for categorizing a player as a "high roller" shall be determined at Our sole discretion, and Our sole responsibility in this respect is to notify You of the categorisation of any players referred by You as the same by amending this Agreement. The criteria set for determining Our High Roller Policy
7.2. Following the Affiliate's request, as applicable to the Affiliate Remuneration to be paid by the Company, the Company shall make the number of Customers and Commission generated by the Affiliate in accordance with this Agreement in the previous calendar month or any Fixed Fee which may be applicable for payment in the previous month available to the Affiliate. In order to allow accurate tracking, reporting, and the calculation of the Customers and Commission, the Marketing Materials including the Tracking Links must be properly formatted. 
7.3. If the total amount of the Affiliate Payments is less than EUR 100 for any calendar month, the balance will be transferred to the next calendar month’s Affiliate Payments until the total amount becomes EUR 100 or higher. 
7.4. Subject to the terms of this Agreement and the Affiliate's full compliance with its obligations hereunder the Commission shall be paid to the Affiliate following the end of each calendar month, subject to the Affiliate providing the Company with an invoice for the correct amount of Commission generated in such calendar month.  The Fixed Fee shall be paid to the Affiliate following the end of each calendar month, subject to the Affiliate providing the Company with an invoice for the correct amount of the Fixed Fee. The Company shall settle any such undisputed invoice within 20 days following the Company's receipt of an undisputed invoice. 
7.5. The Company shall pay the Affiliate Payments to the Payment Account. If the Company is unable to pay the Affiliate Payments to the Payment Account as the details provided are either incorrect or incomplete and the Affiliate Payments is not paid to the Affiliate or is paid to a different account, the Company will have no liability whatsoever with regards to such non-payment. 
7.6. If the Company is unable to pay the Affiliate Payments to the Payment Account, the Company may deduct from the Affiliate Payments a reasonable amount to reflect the required investigation and additional work including without limitation the administrative burden created by the Affiliate having provided incorrect or incomplete details. For the avoidance of doubt, the Company in no way obligated to carry out any such investigation and additional work with respect to any incorrect or incomplete details. 
7.7. If for six consecutive calendar months, the Company is unable to transfer the Affiliate Payments to the Payment Account because of any incomplete or incorrect payment details, or for any other reason beyond the Company's control, the Company may retain any such Affiliate Payments and will no longer be liable to pay such to the Affiliate.
7.8. The Company may retain any Affiliate Payments which has been generated in breach of any of the terms of this Agreement. 
7.9. With respect to any amount owed to the Affiliate under this Agreement, the Affiliate shall be liable for any taxation and charges, duties, imposts, contributions, levies or liabilities payable on such amount in any jurisdiction and the monies paid to the Affiliate under this Agreement shall be inclusive of all such amounts. The Company shall be under no obligation to increase such payment in the event any such any taxation and charges, duties, imposts, contributions, levies or liabilities becomes applicable. The Company may deduct and withhold from any monies due to the Affiliate, and to pay over to the relevant tax authorities, any amount on account of taxes, in accordance with the Company's obligations under Applicable Laws. Any such amount deducted and withheld by the Company shall be deemed paid to the Affiliate. 
7.10. The Affiliate undertakes that it shall provide the Company with all information, documentation, approvals and anything analogous thereto ("Taxation Documentation") with respect to the Affiliate's compliance with its taxation obligations worldwide and/or Applicable Laws and within the timeline specified by the Company. For the avoidance of doubt such information may be provided to the HGC.  
7.11. The Company applies a No Negative Carry Over Policy with respect to a Revenue Share Commission and the Revenue Share Commission component in a Hybrid Commission. The No Negative Carry Over Policy means that if the aggregate amount of Net Revenue in any calendar month is negative, the Revenue Share Commission or the Revenue Share Commission component in a Hybrid Commission (as applicable) will be set to zero for such calendar month. However, if a negative balance with respect to the Net Revenue is attributable to Fraud or breach of this Agreement, the Company reserves the right to apply the negative amount from any Affiliate Payments which would be payable to the Affiliate in the future  until such time as the negative balance has been fully set-off.     
7.12. The Company reserves the right to set-off any amounts which the Affiliate owes to the Company from the Affiliate Payments payable to the Company. Furthermore, the Company reserves the right to set-off from any payments which the Company owes to the Affiliate from any of the Affiliate's liability to the Company, including any allegations the Company has against the Affiliate arising out of or arising out of the Affiliate's breach of this Agreement or any other agreement between the Parties.
7.13. In the event that a Promoted Site ceases to be owned and operated by the Company, the Company shall not be liable to pay the Affiliate any Affiliate Payments with respect to such Promoted Site following the date that the Promoted Site ceases to be owned and operated by the Company (“Cut Off Date”). However, if the Parties have agreed a Fixed Fee with respect to such Promoted Site, the Parties shall enter into good faith negotiations and act reasonably on how to apply the value of the Fixed Fee to advertising for a different Promoted Site ("Alternative Advertising"), if applicable. In the event that an Alternative Advertising is not available or the Parties are unable to agree on the Alternative Advertising within 14 days of the Cut Off Date, the Company may pay the Affiliate the Fixed Fee Payment and the Company shall not be liable to make any further payments of the Fixed Fee.
7.14. From the Cut Off Date, the Affiliate shall immediately cease using the Marketing Materials with respect to such Promoted Site and cease marketing such Promoted Site.

8.1. The Company reserves the right to review for possible Fraud, regardless of whether such Fraud may be on the part of any Customer or on the Affiliate's part. 
8.2. In the event that the Company investigates for Fraud any such investigation shall not take longer than 90 days. Furthermore, in the event that the Company investigates for Fraud, the Company may suspend the Agreement on written notice to the Affiliate. 
8.3. Without derogating from Section ‎‎12.3, in the event that the Company suspends the Agreement: 
8.3.1. the Company may withhold all Affiliate Payments which is owed to the Affiliate but which has not been paid to the Affiliate prior to the suspension; 
8.3.2. no Commission shall be generated, nor shall any Fixed Fee be payable during such period of suspension; and
8.3.3. the Affiliate must immediately cease marketing and promoting the Promoted Sites which includes without limitation ceasing to use the Marketing Materials during such period of suspension.
8.4. Once the Company has completed its review for Fraud, the Company may lift the suspension of the Agreement on written notice to the Affiliate and in such event: 
8.4.1. the Affiliate shall begin to use the Marketing Materials to market and promote the Promoted Sites; 
8.4.2. the Company shall pay the Affiliate any Affiliate Payments which is owed to the Affiliate but which has not been paid to the Affiliate prior to the suspension and which does not relate to Fraud; and
8.4.3. the Company may retain any Commission relating to Fraud; 
8.4.4. in the event that a Fixed Fee is applicable when the period of suspension has been lifted, the Company shall pay a pro rata amount of the Fixed Fee for the number of days which have not elapsed in the month in which such suspension is lifted. 
8.5. Any incidence of Fraud is a breach of the Agreement by the Affiliate. 
8.6. The Company reserves the right to set-off any amounts already received by the Affiliate which are related to Fraud from any future Affiliate Payments payable to the Affiliate. 

9.1. The Affiliate shall NOT, nor shall the Affiliate permit, assist or encourage any third party to:
9.1.1. alter, redirect or in any way interfere with the operation or accessibility of the Promoted Sites or any pages thereof;
9.1.2. copy or resemble the look and feel of any of the Prompted Sites in whole or in part;
9.1.3. acquire any right to any data relating to the Customers; 
9.1.4. register as a Customer, or authorize or assist (save by promoting the Promoted Site in accordance with this Agreement) any person to register as a Customer; register as a Customer, or authorize or assist (save by promoting the Promoted Site in accordance with this Agreement) any person to register as a Customer; 
9.1.5. cause any of the Promoted Sites (or any parts or pages thereof) to open in a person's browser other than as a result of the person clicking on the Marketing Materials;
9.1.6. attempt to intercept or redirect (including via user-installed software) traffic from the Promoted Sites;
9.1.7. violate the terms of use and any applicable policies of any search engines;
9.1.8. market or promote any Promoted Site in a jurisdiction other than the Territory;
9.1.9.  attempt to circumvent any restriction in place to prevent a potential Customers from a jurisdiction other than the Territory from becoming Customers with respect to the relevant Promoted Site, or attempt to disguise or disguise the geographical location of a Customer; and
9.1.10. provide Customers’ details to any third party, during the term of this Agreement and at any time after the termination of this Agreement.
9.2. The Affiliate shall not use the Marketing Materials in any way that is detrimental to the Company, which includes using the Marketing Materials in any manner which damages the Company's goodwill or reputation.  
9.3. The Affiliate must refrain from marketing the Promoted Sites in any way which might compete with the Company's marketing efforts with respect to the Promoted Sites (for example the placement of Marketing Materials on sites on which the Company advertises the Promoted Sites on). 

10.1. From Email Notification and for the remainder of the term of the Agreement, subject to the Affiliate's compliance with the terms of this Agreement, the Company grants to the Affiliate a non-exclusive, revocable, non-sublicensable, non-assignable, and non-transferable licence to use the Marketing Materials and their content solely for the purposes of the Affiliate displaying the Marketing Materials on the Affiliate Sites.
10.2. The Affiliate acknowledges that the Company or its Group Companies (as applicable) owns or has the necessary licenses, permits and consents to use all Intellectual Property Rights in relation to the Marketing Materials and the brands and trademarks relating to the Promoted Sites (collectively and individually the “Marks”). The Affiliate agrees that any use by the Affiliate of the Marketing Materials or the Marks inures to the Company or the Group Companies (as applicable) sole benefit and that the Affiliate shall not obtain any rights in the Marketing Materials and the Marks as a result of such use.
10.3. All Intellectual Property Rights and any goodwill arising in the Marketing Materials shall remains the Company's or the Group Companies (as applicable) property.
10.4. The Affiliate Sites shall not in any way resemble the look or feel of the Promoted Sites, nor will the Affiliate create the impression that any of the Affiliate Sites is any of the Promoted Sites (or any part thereof).
10.5. The Affiliate shall not: (i) register or apply to register a domain which incorporates or consists of or is confusingly similar to the Marks; (ii) bid on keywords or search terms related to the Marks; (iii) include metatag keywords which are the same or similar as the Marks on the Affiliate Sites; (iv) use any sub-domain name which incorporates or consists of, or is confusingly similar to the Marks; (v) open or operate any social media account which uses, incorporates or consists of the Marks; (vi) register or apply to register any trade mark in any jurisdiction; which includes, incorporates or consists of, or is confusingly similar to, the Marks; or (vii) purchase or register keywords, search terms or other identifiers for use in any search engine, portal, social network, sponsored advertising service or other search or referral service which are identical or similar to the Marks (this includes any words similar to the name/domain name of the Promoted Sites and any other websites or applications owned or operated by the Company or any Group Company.
If the Affiliate is not in compliance with any of Section ‎‎10.5, the Affiliate must immediately inform the Company by email. In such event of the Affiliate's non-compliance with any of Section ‎10.5, the Affiliate hereby agrees that it shall in accordance with the Company's instructions transfer the applicable registration domain name, search term, sub-domain name and/or mark (as the case may be) and/or the benefit of any application for such, to the Company or any entity the Company nominates.
The Affiliate hereby agrees that, it shall, in accordance with the Company's instructions hold and not allow to lapse the applicable registration, domain name, search term, sub-domain name, mark and/or application until such has been transferred to the Company or the Company's nominated entity. The Affiliate shall, fully co-operate with the Company and execute all documents which the Company requests  as well as do all things necessary to assist in the transfer of the applicable registration, domain name, search term, sub-domain name and/or mark (as the case may be) and/or the benefit of any application to the Company or the Company's nominated entity.
THE AFFILIATE'S OBLIGATION TO TRANSFER INTELLECTUAL PROPERTY RIGHTS REGISTERED OR APPLIED TO BE REGISTERED AS ENVISAGED IN THIS SECTION ‎‎10.6 EXTENDS TO INTELLECTUAL PROPERTY RIGHTS REGISTERED OR APPLIED TO BE REGISTERED PRIOR TO THE DATE UPON WHICH THESE TERMS TAKE LEGAL EFFECT BETWEEN THE PARTIES.
The Company may, at its sole discretion, withhold all Affiliate Payments that may be due to the Affiliate until the relevant intellectual property is vested in the Company or the Company's nominated entity to the Company's satisfaction.

11.1. The Affiliate hereby represents and warrants to the Company that:
11.1.1. all the documents and information which the Affiliate provides the Company with, are true, accurate and complete which includes without limitation with respect to the Taxation Documentation, Affiliate Suitability License and the Affiliate Suitability License Number; 
11.1.2. the Affiliate will immediately comply with the Company's instructions and the Guidelines (as may be amended by the Company from time to time);
11.1.3. the Company will comply with all Applicable Laws of the Agreement and the Affiliate's marketing and promotion of the Promoted Sites shall comply with all Applicable Laws;     
11.1.4. the Affiliate shall comply with the Schedules attached to the Agreement which forms part of this Agreement;
11.1.5. the Affiliate shall obtain, maintain and comply with all approvals, permits, certificates authorisations, licensees, consents which the Affiliate requires to fulfil its obligations under the Agreement;
11.1.6. the Affiliates has obtained and shall maintain and comply with all approvals, permits, certificates authorisations, licensees, consents which the Affiliate is required to possess by Applicable Laws or any Regulator;
11.1.7. without derogating from Section ‎11.1.6, the Affiliate has obtained and shall maintain at all times during the term of the Agreement, the Affiliate Suitability License issued by the HGC and the Affiliate Suitability License Number;
11.1.8. the Affiliate falls under the Affiliate/Associate Definition and during the term of the Agreement shall fall under the Affiliate/Associate Definition;
11.1.9. the Affiliate Sites have been approved by the HGC and are listed to the official website of the HGC and the Affiliate Sites and during the term of this Agreement the Affiliate Sites will remain approved by the HGC and listed to the official website of the HGC; 
11.1.10. the Affiliate will only use the Marketing Materials on the Affiliate Sites; 
11.1.11. the Affiliate will not provide the Marketing Materials to any third party; 
11.1.12. there is no legal, commercial, contractual or other restriction, which precludes or might preclude the Affiliate from fully performing its obligations as set out in this Agreement; 
11.1.13. if the Affiliate is an individual rather than a legal entity, the Affiliate is Legally of Age; 
11.1.14. the Affiliate has evaluated the laws (and in particular all laws relating to the promotion of online gambling) relating to its activities and obligations as set out in this Agreement and the Affiliate has concluded that it can enter into this Agreement and fulfil its obligation as set out in this Agreement without violating any Applicable Laws; and 
11.1.15. the Affiliate shall comply with and ensure: (i) the prevention of gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime; (ii) that gambling is conducted in a fair and open way; and (iii) the protection of children and other vulnerable persons from being harmed or exploited by gambling.

12.1. This Agreement shall start from the Effective Date and shall continue thereafter until it is terminated in accordance with this Agreement.
12.2. Either Party may terminate the Agreement by providing twenty-four (24) hours prior notice to the other Party by email. The Affiliate's termination of the Agreement is subject to the Affiliate sending an email to partners@elabetpartners.com with the Subject line “Termination”.  However, the Affiliate shall not be able to terminate the Agreement if the Company has suspended the Agreement. For the avoidance of doubt, the Company shall have the right to terminate the Agreement if the Company has suspended the Agreement and the relevant provisions of this Agreement shall apply with respect to such termination.     
12.3. The Company may terminate the Agreement on written notice to the Affiliate by email in the event that:
12.3.1. The Affiliate is in breach (or the Company has reasonable grounds to believe that the Affiliate has breached) any of the terms of this Agreement;
12.3.2. The Affiliate is in breach of Applicable Laws or the Company (acting reasonably) believes that the Affiliate has breached Applicable Laws;
12.3.3. The Company reasonably believes, that: (i) the Affiliate has carried out any action; or (ii) the relationship of the Parties in relation to this Agreement, will expose the Company or any Group Company to regulatory repercussions in any jurisdiction; or
12.3.4. the Company is ordered or required by a Regulator, to terminate its relationship with the Affiliate.
12.4. In the event that the Agreement is terminated in accordance with Section ‎‎12.2 or ‎20, the Company shall pay the Affiliate, subject to the terms of the Agreement (if and as applicable):
12.4.1 with respect to a Commission payment scheme which the Affiliate is to be paid by- all Commission due to the Affiliate on the effective date of termination of the Agreement; and
12.4.2 with respect to any Fixed Fee, the Company shall pay the Affiliate the Fixed Fee Payment and the Company shall not be liable to make any further payments of the Fixed Fee
For the avoidance of doubt, following the Company's payment of (if and as applicable) the Commission and Fixed Fee Payment (as detailed in this Section ‎12.4), the Company shall not be liable to make any further payments to the Affiliate. The Company may withhold the final payment of any Commission and Fixed Fee for up to 90 days to ensure that the correct amount is paid to the Affiliate.
12.5. In the event that the Agreement is terminated under Section ‎2.4, ‎2.6, ‎2.13 or ‎12.3,  the Company shall retain all Affiliate Payments and the Company shall not be liable to pay the Affiliate any Affiliate Payments. 
12.6. Immediately following the termination of the Agreement the Affiliate must immediately: (a) cease all use of the Marketing Materials and remove all of the Marketing Materials from the Affiliate Sites; (b) return to the Company any Confidential Information in the Affiliate's control or possession in whatever form; and (c) cease marketing the Promoted Sites. 
12.7. On termination of the Agreement, all rights and licences granted to the Affiliate in this Agreement shall immediately terminate.
12.8. For the avoidance of doubt, the Affiliate will not accrue any Affiliate Payments following the termination of the Agreement. 

13.1. The Affiliate hereby agrees to, on the Company's written demand, indemnify and hold harmless the Company, the Group Companies and the Company's and the Group Company's respective shareholders, officers, directors, employees, agents, successors and assigns  from and against any and all losses, penalties, fines (including without limitation from any Regulator), demands, claims, damages, costs (including without limitation legal costs), expenses (including without limitation, consequential losses and loss of profit) and liabilities suffered or incurred, directly or indirectly, as a consequence of any:
13.1.1. breach of the Agreement by the Affiliate (including without limitation any breach by the Affiliate of any representation, obligation, undertaking, covenant and/or warranty);
13.1.2. breach of Applicable Laws by the Affiliate;
13.1.3. claim relating to the Affiliate Sites;
13.1.4. claim relating to the Affiliate's marketing and promotion of the Promoted Sites;
13.1.5. claim relating to the Affiliate's right to use the Marketing Materials on the Affiliate Sites;
13.1.6. action taken by a Regulator; and/or
13.1.7. act and/or omission by the Affiliate.

14.1. Any information which the Company has provided the Affiliate with, whether prior or during the term of this Agreement, shall be considered as the Company's confidential information ("Confidential Information"). The Affiliate shall not use the Confidential Information for any purpose other than to perform its obligations under this Agreement. The Affiliate must not disclose any Confidential Information to any other person, other than its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Affiliates obligations under this Agreement. The Affiliate shall ensure that its employees, officers, representatives or advisers to whom it discloses the Confidential Information comply with this Section ‎14.
14.2. The Affiliate shall not make any public announcement with respect to any aspect of this Agreement or the Affiliate's relationship with the Company, without the Company's prior written approval.

15.1. THE AFFILIATE'S MARKETING AND ADVERTISING OF THE PROMOTED SITES, IS AT THE AFFILIATE'S OWN RISK. THE MARKETING MATERIALS AND/OR ANY INSTRUCTONS, POLICIES, GUIDELINES AND/OR CONTENT WHICH IS PROVIDED TO THE AFFILIATE AND/OR MADE AVAILABLE BY THE COMPANY IS PROVIDED "AS IS". THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR REPRESENATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE MARKETING MATERIALS AND/OR ANY INSTRUCTONS, POLICIES, GUIDELINES AND/OR CONTENT WHICH IS PROVIDED AND/OR MADE AVAILABLE BY THE COMPANY (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, COMPLIANCE WITH APPLICABLE LAWS,  NON-INFRINGEMENT, AND/OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). 
15.2. IT IS SOLELY THE AFFILIATE'S RESPONSIBILITY TO ENSURE THAT ITS MARKETING AND ADVERTISING OF THE PROMOTED SITES COMPLIES WITH APPLICABLE LAWS. IF THE AFFILIATE BELIEVES, HAS ANY DOUBT AND/OR IS ARE AWARE THAT THE MARKETING MATERIALS AND/OR INSTRUCTONS, POLICIES, GUIDELINES AND/OR CONTENT, WHICH IS PROVIDED AND/OR MADE AVAILABLE BY THE COMPANY DOES NOT COMPLY WITH APPLICABLE LAWS, THE AFFILIATE'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO IMMEDIATELY CEASE MARKETING AND ADVERTISING THE PROMOTED SITES WHICH INCLUDES WITHOUT LIMITATION TO IMMEDIATELY CEASE USING THE MARKETING MATERIALS. 
15.3. THE COMPANY AND/OR ITS GROUP COMPANIES SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO THE AFFILIATE'S MARKETING AND ADVERTISING OF THE PROMOTED SITES, THE AFFILIATE'S USE OF THE MARKETING MATERIALS AND/OR THE AFFILIATE'S ADHEARANCE TO ANY INSTRUCTONS, POLICIES, GUIDELINES AND/OR CONTENT, WHICH IS PROVIDED AND/OR MADE AVAILABLE BY THE COMPANY.
15.4. THE COMPANY AND/OR THE COMPANYS GROUP COMPANIES MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROMOTED SITES (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, COMPLIANCE WITH APPLICABLE LAWS, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, THE COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OF THE PROMOTED SITES OR MARKETING MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE COMPANY AND/OR THE COMPANY'S GROUP COMPANIES WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

16.1. THE COMPANY SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY FOR ANY: (I) ACTUAL AND/OR EXPECTED INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS AND/OR DAMAGE; (II) LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS AND/OR WASTED EXPENDITURE; (III) LOSS OF CONTRACTS, BUSINESS, PROFITS AND/OR REVENUES; (IV) LOSS OF GOODWILL AND/OR REPUTATION; AND/OR (V) LOSS OF DATA.
16.2. THE COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE LOWER OF THE TOTAL COMMISSION PAID TO THE AFFILIATE UNDER THIS AGREEMENT OVER THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE COMPANY'S LIABILITY AROSE AND 10,000 EUROS. 

17.1. By participating in the Affiliate Program and by using the Affiliate Program Site, the Affiliate hereby acknowledges and accepts the Privacy Policy, located on/available at: www.elabetpartners.com/privacy-policy which is an inseparable part of this Agreement ("Privacy Policy"). The Company encourages the Affiliate to read this Privacy Policy carefully as it sets out the terms of the Company's processing of any Personal Data that the Company collects from the Affiliate, or that the Affiliate provides voluntarily to the Company. 
17.2. The Affiliate warrants that the Affiliate will process Personal Data strictly in accordance with EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (the “GDPR”) and any other Applicable Laws and by entering into this Agreement, the Affiliate shall be deemed to enter into the Data Protection Agreement in Schedule A of this Agreement. 

18.1. This Agreement and any provision therein may be amended solely by a written instrument signed by both Parties.

19.1. Without derogating from Section ‎‎12.3, the Company may suspend the Agreement at its sole discretion on written notice to the Affiliate including without limitation in the event that the Affiliate Suitability License issued by the HGC and/or the Affiliate Suitability License Number is cancelled, revoked, discontinued, suspended or expires or  the Affiliate does not fall under the Affiliate/Associate Definition. In the event the Company suspends the Agreement:
19.1.1. the Company may withhold all Affiliate Payments which is owed to the Affiliate but which has not been paid to the Affiliate prior to the suspension; 
19.1.2. no Affiliate Payments shall be generated nor shall any Fixed Fee be payable during such period of suspension; and
19.1.3. the Affiliate must immediately cease marketing and promoting the Promoted Sites which includes without limitation ceasing to use the Marketing Materials during such period of suspension.
19.2. If the Company lifts the suspension of the Agreement: 
19.2.1.the Affiliate may begin to use the Marketing Materials to market and promote the Promoted Sites; 
19.2.2. the Company shall pay the Affiliate any Affiliate Payments which is owed to the Affiliate but which has not been paid to the Affiliate prior to the suspension and which does not relate to any breach of the Agreement; 
19.2.3. the Company may retain any Affiliate Payments relating to any breach of the Agreement; and
19.2.4. in the event that a Fixed Fee is applicable when the period of suspension has been lifted, the Company shall pay a pro rata amount of the Fixed Fee for the number of days which have not elapsed in the month in which such suspension is lifted. 

If the Company is prevented or delayed in the performance of any of its obligations under this Agreement by Force Majeure, the Company shall have no liability in respect of the performance of its obligations as are prevented by the Force Majeure events during the continuation of such events. For the purposes of this Agreement “Force Majeure” means any cause beyond the reasonable control of the Company including, without limitation, act of God, war, insurrection, riot, civil disturbance, acts or attempted acts of terrorism, fire, explosion, flood, storm, theft or malicious damage, pandemic, epidemic, strike, lock-out, pandemic or other industrial dispute (whether involving the workforce of the party so prevented or any other party), third party injunction, national defence requirements, acts or regulations of national or local governments (including, without limitation, legislation or other regulation restricting, preventing or otherwise prohibiting the provision or availability of internet-based sports betting or casino or poker gaming), inability to obtain essential power, raw materials, labour, malfunction of machinery or apparatus. Where the Force Majeure event continues for a period exceeding 30 days, then the Company retains the right to terminate this Agreement immediately. 

21.1. The Agreement shall constitute the entire agreement between the Parties with respect to the subject matter hereof and the Agreement cancels and supersedes all previous understandings and agreements, both oral and written, between the Parties in respect of the subject matter of this Agreement.
21.2. The Affiliate shall not, without the Company's prior written consent assign, transfer or subcontract all or any of its rights or obligations under the Agreement. In addition, the Company shall be entitled to assign, transfer or subcontract any or all of its rights and obligations under the Agreement without the Affiliate's consent.
21.3. The Parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
21.4. The Company's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of the Company's right to subsequently enforce such provision or any other provision of this Agreement.
21.5. Other than any Group Company, no person and/or entity who is not a Party to this Agreement shall have any right to enforce any term of this Agreement.
21.6. If any clause in the Agreement (or any part thereof) is rendered void or unenforceable by any court or authority of competent jurisdiction then all other provisions of the Agreement will remain in full force and effect and will not in any way be impaired. With respect to the provision which is rendered void or unenforceable the Parties shall agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.
21.7. During the term of the Agreement and after, the Affiliate shall not in any way directly or indirectly make any disparaging, negative, uncomplimentary, derogatory or defamatory statements with regards to the Company, any Group Company, any of their respective business interests which includes without limitation the Promoted Sites.
21.8. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of this Agreement in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections  2.2, 2.7, ‎6.2, ‎6.4, 7.9, ‎7.10, ‎8.6, ‎12.4 (if applicable), ‎12.5 (if applicable), ‎12.6, ‎12.8, 12, 13, 14, 15, ‎16‎19.3, Schedule A and Section ‎21 hereof shall survive termination of this Agreement.
21.9. This Agreement shall be governed by the laws of Greece, without giving effect to principles of the conflict of laws. Any disputes arising out of or relating to this Agreement, including the interpretation or enforcement thereof, shall be subject to the exclusive jurisdiction of the courts of Athens, Greece.

Company (“Company”) and Affiliate (“Contractor”), (each a “Party”, together the “Parties”), have entered into an agreement (“Agreement”) for the provision of the services (“Services”), and are agreeing to these Data Protection Terms (“DPA”).
This DPA will be effective, and replaces any previously applicable terms relating to its subject matter, from the Terms Effective Date.
Contractor shall comply with the terms and conditions of this DPA, including Annexes I–III, which are attached herewith and incorporated herein by reference (“Attachments”). 
If you are accepting this DPA on behalf of Contractor, you warrant that: (a) you have full legal authority to bind Contractor to this DPA; (b) you have read and understood this DPA; and (c) you agree, on behalf of Contractor, to this DPA. If you do not have the legal authority to bind Contractor, please do not accept this DPA.
1. Introduction
1.1 This DPA reflects the Parties’ agreement on the processing of Personal Data in connection with the Data Protection Laws.
1.2 Any ambiguity in this DPA shall be resolved to permit the Parties to comply with all Data Protection Laws. 
1.3 In the event and to the extent that the Data Protection Laws impose stricter obligations on the Parties than under this DPA, the Data Protection Laws shall prevail.
2. Definitions and Interpretation
2.1 In this DPA:
2.1.1 “Approved Jurisdiction” means a jurisdiction approved as having adequate legal protections for data by the European Commission (or by the UK Information Commissioner's Office, where applicable), currently found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en. 
2.1.2 “Data Protection Laws” means, as applicable, any and all applicable domestic and foreign laws, rules, directives and regulations, on any local, provincial, state or federal or national level, pertaining to data privacy, data security and/or the protection of Personal Data, including the Privacy and Electronic Communications Directive 2002/58/EC (and respective local implementing laws) concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications, ("ePrivacy Directive"), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), Data Protection Act 2018 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 ("UK GDPR") and any amendments or replacements to the foregoing. 
2.1.3 “Data Subject” means a natural person to whom Personal Data relates.
2.1.4 “Personal Data” means any information relating to an identified or identifiable Data Subject.
2.1.5 “Security Incident“ shall mean any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data. For the avoidance of doubt, any Personal Data Breach (as defined in the GDPR) will comprise a Security Incident 
2.1.6 “Special Categories of Data“ means personal data as defined under Article 9 of the GDPR. 
2.1.7  “Standard Contractual Clauses” the applicable module of the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council from June 4^th 2021.
2.1.8 “Terms Effective Date” means the effective date of the Agreement."UK Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses, which was entered into force on 21 March, 2022.
2.1.9 The terms “controller”, “process(ing)” and “processor” as used in this DPA have the meanings given to them in Data Protection Laws. 
2.1.10  Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.
3. Application of this DPA
3.1 This DPA will only apply to the extent all of the following conditions are met:
3.1.1 Contractor processes Personal Data on behalf of the Company in connection with the Main Agreement, or Company, on its own behalf, processes Personal Data that is made available by the Contractor in connection with the Main Agreement
3.1.2 The Data Protection Laws apply to the processing of Personal Data.
4. Roles and Restrictions on Processing
4.1 If Contractor has access to or otherwise processes Personal Data pursuant to the Agreement, then Contractor shall:
4.1.1 only process the Personal Data in accordance with Company's documented instructions and on its behalf, and in accordance with the Agreement and this DPA and related Attachments, unless required otherwise under applicable laws. In such case, Contractor shall, to the extent legally permitted, promptly notify Company of such legal obligation;
4.1.2 take reasonable steps to ensure the reliability of its staff and any other person acting under its supervision who may come into contact with, or otherwise have access to and process Personal Data; ensure persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; and ensure that such personnel are aware of their responsibilities under this DPA and any Data Protection Laws;
4.1.3 promptly, and in any case within the period of time required in Data Protection Laws, assist Company as needed to cooperate with and respond to requests from supervisory authorities, Data Subjects, customers, or others to provide information (including details of the services  provided  by  Contractor) related to  Contractor’s processing  of Personal Data;
4.1.4 notify the Company without undue delay, and no later than twenty four (24) hours, after becoming aware of a Security Incident;
4.1.5 provide full, reasonable cooperation and assistance to Company in: 
4.1.5.1 upon receipt of: (a) requests from Data Subjects to exercise their rights under the Data Protection Laws in connection with Personal Data processed under this DPA, including (without limitation) the right of access, right to rectification, restriction of processing, erasure, data portability, object to the processing, or the right not to be subject to an automated individual decision making; and/or (b) any requests or inquiries from supervisory authorities, customers, or others, to provide information related to Contractor’s processing of Personal Data under this DPA; shall: (i) direct such requests to Company without undue delay, and (ii) not respond or act upon such requests without prior written approval from Company; and (iii) promptly, and in any case within the period of time required in Data Protection Laws, provide full, reasonable cooperation and assistance to Company in responding to and exercising such requests, except where the foregoing shall not apply only and insofar as it conflicts with Data Protection Laws.
4.1.5.2 ensuring compliance with any notification obligations of Security Incidents to the supervisory authority and communication obligations to Data Subjects, as required under Data Protection Laws;
4.1.5.3 ensuring compliance with its obligation, or the obligation of its customers to carry out data protection impact assessments with respect to the processing of Personal Data, and with its prior consultation with the supervisory authority obligation (as applicable).
4.1.6 only process or use Personal Data on its systems or facilities to the extent necessary to perform its obligations under the Agreement;
4.1.7 as required under Data Protection Laws, maintain accurate written records of any and all the processing activities of any Personal Data carried out under the Agreement (including the categories of processing carried out), and shall make such records available to the Company and applicable supervisory authority on request;
4.1.8 make all reasonable efforts to ensure that Personal Data are accurate and up to date at all times while in its custody or under its control, to the extent Contractor has the ability to do so;
4.1.9 not lease, sell or otherwise distribute Personal Data;
4.1.10 promptly notify Company of any investigation, litigation, arbitrated matter or other dispute relating to the Contractor or the processing of Personal Data under the Agreement;
4.1.11 promptly notify Company in writing and provide Company an opportunity to intervene in any judicial or administrative process if Contractor is required by law, court order,  warrant, subpoena, or  other  legal or  judicial process to  disclose any Personal Data to any person other than Company; 
4.1.12 upon termination of the Agreement, or upon Company's written request at any time during the term of the Agreement, Contractor shall cease to process any Personal Data received from Company, and within a reasonable period will at the request of Company: (1) return the Personal Data; or 2) securely and completely destroy or erase all Personal Data in its possession or control (including any copies thereof), unless and solely to the extent the foregoing conflicts with any applicable laws. In such case, Contractor shall notify the Company and only process such Personal Data in order to comply with its legal obligations. The terms of this DPA shall remain applicable to the processing of such Personal Data until returned or erased. At Company’s request, Contractor shall give Company a certificate confirming that it has fully complied with the requirements of this clause.
5. Sub-processing
5.1 Contractor shall not subcontract its obligations under this DPA to another person or entity ("Sub-processor(s)"), in whole or in part, without Company’s prior written approval, and shall inform the Company of any intended changes concerning the addition/replacement of other processors, no later than thirty (30) days prior to such intended change. Company shall have the right to object to the appointment of any new Sub-processor within 14 days of having been notified of the Sub-processor’s appointment by Contractor, in which event the Parties shall negotiate in good faith this objection. In the event the Parties, acting reasonably and in good faith, have not reached an amicable solution, then Company may terminate the portion of the Agreement that requires the employment of said Sub-processor.
5.2 Contractor  will  execute  a  written  agreement  with  such  approved  Sub-processor containing terms providing at least equivalent protection of Personal Data as provided under this DPA (provided that Contractor shall not be entitled to permit the Sub-processor to further sub-process or otherwise delegate all or any part of the Sub-processor’s processing without Company’s prior written consent at Company’s sole discretion) and which expressly provides Company with third party beneficiary rights to enforce such terms and/or require Contractor to procure that the Sub-processor enters into a data protection agreement with Company directly.
5.3 Contractor shall have a written security policy that provides guidance to its Sub-processors to ensure the security, confidentiality, integrity and availability of Personal Data and systems maintained or processed by Contractor.
5.4 Company may require Contractor to provide Company with full details of the proposed Sub-processor’s involvement including but not limited to the identity of the Sub-processor, its data security record, the location of its processing facilities and a description of the access to Personal Data proposed.
5.5 Contractor shall be liable for the acts or omissions of Sub-processors to the same extent it is liable for its own actions or omissions under this DPA and Data Protection Laws.
6. Transfer of Personal Data
6.1 Where the GDPR is applicable, either Party may transfer Personal Data outside the European Economic Area or an Approved Jurisdiction, subject to one of the appropriate safeguards in Article 46 of the GDPR.
6.2 Where the GDPR is applicable, to the extent that Company processes Personal Data outside the EEA or an Approved Jurisdiction, then the Parties shall be deemed to enter into module 1 or 4 of the Standard Contractual Clauses, subject to any amendments contained in Schedule E, in which event: (i) the Standard Contractual Clauses are incorporated herein by reference; and (ii) Contractor shall be deemed as the data exporter and the Company shall be deemed as the data importer (as these terms are defined therein).
6.3 Where the UK GDPR is applicable, to the extent that Company processes Personal Data outside the UK, EEA or an Approved Jurisdiction then the Parties shall be deemed to enter into the UK Addendum in addition to the Standard Contractual Clauses, subject to any amendments contained in Schedule E, in which event: (i) the Standard Contractual Clauses are incorporated herein by reference; and (ii) Contractor shall be deemed as the data exporter and the Company shall be deemed as the data importer (as these terms are defined therein).
6.4. If Company and/or its Sub-processors intend to rely on Standard Contractual Clauses including, where applicable the UK Addendum (where subcontracting or performance is allowed by the Agreement), then if the Standard Contractual Clauses or the UK Addendum are superseded by new or modified mechanism, the new or modified mechanism shall be deemed to be incorporated into this DPA, and Company will promptly begin complying with such mechanism. Company will abide by the obligations set forth under the Standard Contractual Clauses and UK Addendum for data importer.
6.5 For the avoidance of doubt, any changes required under the UK Addendum, shall only apply to the processing of Personal Data which is subject to the UK GDPR.
7. Security Standards
7.1 The Parties shall implement and maintain commercially reasonable and appropriate physical, technical and organizational security measures to protect Personal Data against accidental or unlawful destruction; accidental loss, alteration, unauthorized disclosure or access to personal data transmitted, stored or otherwise processed; and all other unlawful forms of processing; 
7.2 To the extent that either Party processes Special Categories of Data, the security measures referred to in this DPA shall also include, at a minimum (i) routine risk assessments of Contractor’s information security program, (ii) regular testing and monitoring to measure and confirm the effectiveness of the information security program’s key controls, systems, and procedures, and (iii) encryption of Special Categories of Data while “at rest” and during transmission (whether sent by e-mail, fax, or otherwise), and storage (including when stored on mobile devices, such as a portable computer, flash drive,  PDA,  or  cellular  telephone). 
8. Independent Controllers
8.1 To the extent Contractor determines the purposes and means of the processing of Personal Data, or is otherwise deemed to be regarded as a controller of any Personal Data:
8.1.1 each Party will be an independent controller of the Personal Data under Data Protection Laws;
8.1.2 each Party will comply with its obligations under Data Protection Laws with respect to the processing of Personal Data;
8.1.3 each Party will provide the other Party with reasonable assistance (having regard to the data available to it) to enable the other Party to comply with its obligations under Data Protection Laws, including (without limitation) in respect of: (i) security; (ii) Security Incident notification obligations; (iii) impact assessment and prior consultation; (iv) complying with Data Subject requests; and (v) queries and requests from supervisory authorities.
8.1.4 In case of transfer of Personal Data outside the EEA, UK or an Approved Jurisdiction, Contractor will enter in the applicable module of the Standard Contractual Clauses or UK Addendum.
9. General
9.1 If this DPA does not specifically address a particular data security or privacy standard or obligation, Contractor will use appropriate, generally accepted practices to protect the confidentiality, security, privacy, integrity, availability, and accuracy of Personal Data.
9.2 If Contractor is unable to provide the level of protection as required herein or to abide to its obligations under this DPA or Data Protection Laws, Contractor shall immediately notify Company and cease processing.  Any non-compliance with the requirements herein shall be deemed a material breach of the Agreement and Company shall have the right to terminate the Agreement immediately without penalty.
9.3 Company, shall have the right to: (a) require promptly from Contractor all information necessary to, and (b) conduct its own audit and/or inspections of Contractor (including its facilities or equipment involved in the processing of Personal Data) in order to: demonstrate compliance with the DPA and Data Protection Laws. The Contractor shall allow and contribute to such audit and/or inspection. Such audit and/or inspection shall be conducted with reasonable advanced notice to Contractor, and shall take place during normal business hours to reasonably limit any disruption to Contractor’s business.
9.4 Contractor will indemnify Company and hold Company harmless from any cost, charge, damages, expenses or losses incurred as a result of Contractor’s breach of any of the provisions of these clauses. Indemnification hereunder is contingent upon Company promptly notifying Contractor of a claim, and providing reasonable cooperation and assistance to Contractor in defense of such claim.
10. Priority
10.1 If there is any conflict or inconsistency between the terms of this DPA and the remainder of the Agreement then, the terms of this DPA will govern. Subject to the amendments in this DPA, the Agreement remains in full force and effect.
11. Changes to this DPA.
11.1 No changes, modifications or amendments to this DPA shall be valid or binding unless made in writing and signed by both Parties. 
11.2 If any of the Data Protection Laws are superseded by new or modified Data Protection Laws (including any decisions or interpretations by a relevant court or governmental authority relating thereto), the new or modified Data Protection Laws shall be deemed to be incorporated into this DPA, and each Party will promptly begin complying with such Data Protection Laws in respect of its respective processing activities.

1. If Contractor is a processor and exports Personal Data – the Parties shall be deemed to enter into the Processor to Controller Standard Contractual Clauses (Module 4); if Contractor is a controller – the Parties shall be deemed to enter into the Controller to Controller Standard Contractual Clauses (Module 1). 
2. This Schedule B sets out the Parties' agreed interpretation of their respective obligations under Module One or Module Four of the Standard Contractual Clauses (as applicable).
3. The Parties agree that for the purpose of transfer of Personal Data between the Company (Data Importer) and the Contractor (Data Exporter), the following shall apply for Module One or Module Four:
3.1. Clause 7 of the Standard Contractual Clauses shall not be applicable.
3.2. In Clause 9, option 1 shall apply. The Processor shall submit the request for specific authorization at least thirty (30) days prior to the engagement of the Sub-processor. 
3.3. In Clause 11, data subjects shall not be able to lodge a complaint with an independent dispute resolution body.
3.4. In Clause 17, option 1 shall apply. The Parties agree that the clauses shall be governed by the law of Greece.
3.5. In Clause 18(b) In Clause 18(b) the Parties choose the courts of Greece as their choice of forum and jurisdiction.
4. The Parties shall complete Annexes I–II below, which are incorporated in the Standard Contractual Clauses by reference.
5.  To the extent the UK Addendum applies, the following shall apply: 
1.1. All the information provided under the Standard Contractual Clauses shall apply to the UK Addendum with the necessary changes per the requirement of the UK Addendum. Annex I below shall replace Annexes 1A and 1B of the UK Addendum, Annexes 2 shall be replaced with Annexes II-II below.
1.2. In Table 4 of the UK Addendum, either party may terminate the agreement in accordance with section 19 of the UK Addendum. 
1.3. By entering into this DPA, the Parties hereby agree to the format changes made to the UK Addendum.

A. Identification of Parties
"Data Exporter": Contractor
"Data Importer": Company
‍
B. Description of Transfer
‍
Data Subjects
The Personal Data transferred concern the following categories of Data Subjects (please specify):
V Company’s end-users
☐ [____]'s employees
☐ [____]'s customers
☐ Other: ________
Categories of Personal Data
The Personal Data transferred concern the following categories of data (please specify):
V Contact information (name, age, gender, address, telephone number, email address etc.)
☐ Financial and payment data (e.g. credit card number, bank account, transactions)
☐ Governmental IDs (passport, driver's license)
V Device identifiers and internet or electronic network activity (IP addresses, GAID/IDFA,
browsing history, timestamps)
☐ Geo-location information
☐ Other: ________
Special Categories of Data (if appropriate)
The Personal Data transferred concern the following special categories of data (please specify):
V None
The frequency of the transfer
The frequency of the transfer:
V Continuous
☐ Other: ________
Nature of the processing
V Collection
Purpose of the transfer and further processing
As defined in the Agreement.
Retention period
Personal Data will be retained for the term of the Agreement.

Description of the summary of technical and organizational measures implemented by the Data Importer (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.
1. Implement and maintain current and appropriate technical and organizational measures to protect Personal Data against accidental, unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, disclosure or access as well as an incident response plan to respond immediately to a system breach;
2. Provide third-party attestation of security testing or penetration testing on applicable software processing Personal Data; 
3. Maintain a level of security appropriate to the harm that may result from any unauthorized or unlawful processing or accidental loss, destruction, damage, denial of service, alteration or disclosure, and appropriate to the nature of Personal Data;
4. Oblige Partner's employees, agents or other persons to whom it provides access to Personal Data to keep it confidential; take reasonable steps to ensure the integrity of any employees who have access to Personal Data and provide annual training to staff and subcontractors on the security requirements contained herein;
5. Maintain measures designed to ensure the ongoing confidentiality, integrity, availability and resilience of Partner’s systems and services;
6. Maintain a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of Personal Data, regularly testing such measures to validate their appropriateness and effectiveness, and implementing corrective action where deficiencies are revealed by such testing;
7. Log all individuals’ access to and activities on systems and at facilities containing Company's Personal Data.  Upon Company's request, and subject to applicable laws, Partner shall provide a report detailing a list of authorized users, their associated privileges, status of accounts, and history of activities;
8. Protect user accounts and access to Personal Data using multi-factor authentication (e.g., using at least two different factors to authenticate such as a password and a security token or certificate);
9. Store and transmit Personal Data using strong cryptography, consistent with industry best practices, and pseudonymize Personal Data where appropriate;
10. Ensure that only restricted and authorized personnel have access to Personal Data and are granted access, such access is limited to the least amount required, and only granted for the purposes of performing obligations under this DPA. Partner shall conduct access reviews upon each individual’s scope of responsibility change or other change impacting Partner's personnel access to Personal Data;
11. Maintain an information security policy, including security management, secure networks and systems (e.g. firewalls configuration), physical security program and vulnerability management program that are consistent with industry best practices;
12. Ensure that any storage media (whether magnetic, optical, non-volatile solid state, paper, or otherwise capable of retaining information) that captures Personal Data is securely erased or destroyed before repurposing or disposal.