EM Group Partners
Affiliate Partner Terms and Conditions
Most recent update: January 2019
You must thoroughly read these terms and conditions prior to the use of our services. Once you have accepted these terms and conditions, you have entered into a binding contract with EM Group Partners, a company subsidiary of EM Online Aps. If you use this website and/or register as an affiliate with the EM Group partner affiliate program, you have agreed to comply with and legally abide by these terms and conditions.
"Advertising material" refers to any matter sent to, or accessible to, customers promoting the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites and that links thereto via the Affiliate Website(s).
"Affiliate" refers to you, as an individual, company or business, who makes an application for participation in the Affiliate Program.
"Affiliate program" refers to the joint-venture involving the Company and the Affiliate, through which the Affiliate will advertise the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites, creating links from the Affiliate Website(s) to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites; for doing this the Affiliate will receive a commission as detailed in this Agreement, proportionate to the amount of traffic received by the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites, in line with the terms and conditions in this Agreement and with the relevant Casino Commission Structure.
"Affiliate services" refers to the advertising by the affiliate of the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites, and the establishment of links from the Affiliate Website(s) to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites
"Affiliate website(s)" refers to a website, or collection of websites, located on the Internet, created and run by the Affiliate.
“Approved marketing material” refers to all promotional materials, including banners and text, either off-line or online, along with all appropriate intellectual property rights, supplied by EM Group Partners or agreed to by EM Group Partners, or that is made according to this agreement and the appropriate marketing procedures.
“Commission” refers to all income earned by the Affiliate for promoting EM Group Partners services and products, and for referring customers to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites
“www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites "/"The Site" refers to the website holding the domain name www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com, as well as any alternative names used in different regions.
“EM Group Partners Affiliates Website” refers to the websites holding the domain name www.publisher.lanadas.com & www.publisher.dealerscasino.com.
"Company" refers to EM Online Aps, a company registered in Denmark that has a registered address of Indkildvej 6a, 9210 Aalborg and holds the company registration number DK 33 07 76 88
“Confidential Information” refers to any information that has a fundamental commercial value to any and all of the Parties, including, but not limited to, financial reports, business secrets, facilities, pricing, information regarding the business, products and services, strategy, data held by the company, customer information, technological information, marketing strategies and operational procedures.
“Intellectual Property Rights” refers to any and all property of the company, including but not limited to brands, business names, Confidential Information, copyrights, design rights, domain names, inventions, patents, rights in computer software, rights in databases and expertise, service marks, source codes, trademarks, utility brands, and any registrations of all these forms of intellectual property and all rights therein.
"Links" refers to Internet hyperlinks that lead from the Affiliate Website(s) to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites.
"Net Revenue" refers to all money wagered by a customer minus a) winnings, b) any bonuses, c) payment processing and chargebacks, d) licensing fees for third parties content/games, e) contributions to jackpots, f) all taxes and duties, g) all other costs falling to the Company and Operator caused by fraud or abuse by the customer and h) administration fees for the casino.
"New Customer" refers to a new Company customer who has:
– opened a new www.Lanadas.com or www.Lanadas.dk or www.Dealerscasino.com account as a player, registering this account immediately subsequent to a referral from an Affiliate Website(s) to www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com.
– deposited an initial sum at least equal to the set level of minimum deposit, making this deposit into the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites gaming account, in keeping with all relevant terms and conditions for the Website (note, the Affiliate, employees of the Affiliate, relatives and/or friends of the Affiliate are not permitted to register).
– not previously registered with www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com (this includes players who have closed their account and subsequently created a new account via the Affiliate).
"Parties" refers to the Affiliate and the Company (each one known individually as a “Party”).
“Sub-Affiliate" refers to an individual and/or entity directed in any proper fashion to www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com by an Affiliate; if this individual and/or entity is directly linked to the Affiliate's unique Affiliate account or identity, they shall become a sub-Affiliate.
“Sub-Affiliate Deal" refers to the Company approving an Affiliate to refer other Affiliates to the Website.
1.1 The Company holds responsibility for Approved Marketing Material for online gaming activities supplied via the responsible account manager or if available at www.publisher.lanadas.com or www.publisher.dealerscasino.com
1.2 The Affiliate shall maintain and operate the Affiliate Website(s).
1.3 This Agreement details the general terms and conditions relating to the Affiliate Program and both the Company and the Affiliate enter into it.
1.4 Once the Affiliate has completed and submitted the Affiliate Application they agree to adhere to all terms and conditions in this Agreement; this includes any guidelines for advertising that the company may occasionally issue, which will be available to view on the www.emgroup-partners.com Affiliate Website.
1.5 As soon as the Affiliate submits the Affiliate Application this agreement becomes binding upon them, but it is not binding upon the Company until the Company has approved the Affiliate Application.
2.Acceptance of Affiliate
2.1 The Company will review the Affiliate Application submitted with this agreement and will inform the Affiliate by email whether their Application is or is not accepted. The Company holds all rights of acceptance or refusal of all registrations; its decision is final, and there is no right of appeal.
2.2 Once the Affiliate has been accepted under the terms set out above, they have non-exclusive rights to direct New Customers to the Website in line with this agreement's conditions. The Affiliate may not assign this right anybody else. The Affiliate agrees that the Company retains the rights to engage others to perform Affiliate Services identical or similar to those the Affiliate is providing. Unless the Affiliate is awarded a Sub-Affiliate agreement by www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites, they will have no rights to request Commission Fees or other recompense for business obtained by or via any other person or entity.
In entering into this agreement, the Affiliate confirms that:
- A) all information which the Affiliate has given the Company is complete, true and up-to-date;
- B) it has procured and will keep up to date any and all required registration, authorization, consent or license needed to discharge its responsibilities as set out in this Agreement;
- C) it shall not transgress any applicable law or regulation in carrying out the obligations in this Agreement;
- D) it is in full comprehension of the entirety of this agreement and accepting of it.
- Company Obligations and Abilities
4.1 Once the Affiliate has exhibited the Agreement, the Affiliate will be given a unique player tracking code and will be added to the technical platform of www.publishers.lanadas.com or www.publishers.dealerscasino.com. This player tracking code will allow for the registration and monitoring of all new customers who have signed up through the Link(s) on the Affiliate Website.
4.2 The Company will furnish the Affiliate with all necessary guidance and Approved Marketing Material needed to place the links and marketing materials on the Affiliate Website. The Company has no responsibility for posting these links itself.
4.3 If the Affiliate wishes to create their own marketing material, this must be in accordance with this Agreement; the Company has no liability for any fines or other penalties imposed on the Affiliate if such materials contravene any laws or regulations.
4.4 The Company will be responsible for administrating all money created from the Links, keep records of the net revenues and the commission that the Links have earned, give the Affiliate statistics relating to their commission, and deal with all customer service issues as far as they relate to Company business.
4.5 The Company will pay Commission to the Affiliate based on the amount of traffic coming from the Affiliate Website and in line with this Agreement's terms and conditions.
4.6 Under the Company's responsibility to carry out due diligence under any applicable laws, it has the right to, at any time of its choosing, ask the Affiliate for relevant information.
5.The right of the Company to refuse or close applications or accounts
5.1 The Company has the right to refuse any New Customer application, or curtail the account of a New Customer if, solely in the Company's opinion, it is necessary to do so in order to accord with EM Online Aps company policy or to protect the Company's interests.
5.2 The Company has the right to refuse any application to become an Affiliate, or to curtail the account of an Affiliate if, solely in the Company's opinion, it is necessary to do so in order to accord with EM Online Aps company policy or to protect the Company's interests. If an Affiliate breaches this Agreement, the Company reserves the right, beyond the closure of the Affiliate's account, to take any other legal steps necessary in protection of its own interests.
- Affiliate responsibilities and obligations
6.1 In accepting this Agreement, the Affiliate guarantees:
- A) it will undertake advertising, marketing and promotion for the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites in an active and effective manner, to the best of its ability, advertising to as large an audience as possible to accrue the maximum benefit for all Parties. The Affiliate further undertakes to adhere to the guidelines issued by the Company regarding advertising that will occasionally be sent to the Affiliate and/or posted online;
- B) it will undertake all marketing and referrals of potential customers to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites on its own responsibility, and at its own expense. Only the Affiliate will have responsibility for all legal matters, distribution efforts, content and decency in all marketing it undertakes. Said activities must at all times be professional, honest and adhere to this Agreement and any other laws and rules that are applicable;
- C) it will undertake to keep any promotions, offers or news that relates to www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites regularly updated and contemporary;
- D) that it will not make changes to any Approved Marketing Material unless permission is given by the Company;
- E) it will not use any links for any purposes not contained in the Agreement;
- F) it will take responsibility for developing, operating and maintaining the Affiliate Website(s) and for all materials appearing thereon.
6.2 The Affiliate guarantees that:
- A) it will do nothing, and there will be no material on the Affiliate Website(s), now or in future, that is illegal, libellous, obscene, threatening or that contains discrimination. Any materials containing graphic violence, explicit sexuality, pornography or obscenity must not, now or in future, appear on the Website(s);
- B) it will not attempt to recruit any individual below the legal gambling age, and shall not advertise the Company's services in a way calculated to be appealing to such persons;
- C) it will not advertise the Company's services in any region where gambling and/or its promotion is against the law. If the Affiliate gains New Customers from such areas, they will receive no commission for doing so;
- D) it will accord with the Company's current and future efforts to reduce gambling addiction and collaborate with the Company in these efforts through such measures as posting links on the Affiliate Website(s) to entities concerned with the prevention of addictive gambling;
- E) it will not attempt to encourage New Customer signups to www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites through any fraud or unlawful activity, especially, though not exclusively, by:
- i) employing spam or unsolicited emails to communicate with potential New Customers;
- ii) fraudulently registering on the Website or making direct or indirect deposits in player accounts set up for its own use or the use of any connected third-party or undertaking any other attempts to fraudulently inflate the level of commission it will receive. If this provision is not adhered to, it will be regarded as defrauding.
iii) placing any material or text on the Affiliate Website(s) that implies that the Affiliate Website(s) is part of or associated with (apart from in its relationship as defined by this agreement), www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites and/or the Company.
- F) it will not, with the exception of the marketing material provided by the Company, use www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites or any other trademark or intellectual property belonging to the Company or its subsidiaries without specific written permission from the Company. The Affiliate cannot employ www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites or any other material coming under the heading of the Company's intellectual property (e.g., designs and graphics) in any email marketing campaign without specific written permission from the Company. If the Company receives any complaints regarding spam email campaigns run by the Affiliate that have referred to www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com or its products or services, this agreement may be terminated.
6.3 If the company finds that any traffic has been generated by fraudulent practices or if the Affiliate has generated traffic in any way that breaches this Agreement, the Company has the right to withhold monies from the Affiliate and to freeze their account.
6.4 The Affiliate acknowledges that any undertaking that breaches this Agreement may have extremely serious consequences for the Affiliate and/or for www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com; said consequences may be unlimited fines, penalties, loss of licenses and the right to carry on business, and there is also a possibility of civil and/or criminal legal action being taken against the Affiliate or www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites by the relevant judiciary. The Company, without sacrificing any of the rights in this Agreement or in the eyes of the law, may terminate all or part of this Agreement without notice, and/or any accounts held by you, should you breach any of the conditions above; the Affiliate will have full responsibility and liability for any losses, fines, actions, claims or penalties suffered by the Company as a result of the Affiliate's actions or defaults.
7.Affiliate Website(s) and Links
7.1 The Affiliate explicitly acknowledges that all activities undertaken in relation to this Agreement are at their own risk. The Company offers no guarantees that 's www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites will be accessible at any given time or in any given location. The Company has no liability for any inaccuracies, errors, omissions, losses, injuries, or damages attributable to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites being interrupted, delayed or failing.
7.2 For the period of this Agreement, the Affiliate will ensure that the Links are displayed in a prominent place on the Affiliate Website(s) in accordance with this Agreement.
7.3 The Company retains the right to undertake monitoring regarding the Affiliate Website(s) in order to check that the Affiliate is complying with this Agreement; any reasonable requests from the Company for data to enable said monitoring will be acceded to by the Affiliate.
7.4 All domain names, keywords, search terms and other elements used in advertising or to gain favourable results from search engines that resemble or match any elements of the Company's (or subsidiary’s) Intellectual Property Rights, and any such elements containing the words “www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com” or variations of them, shall not be registered or purchased by the Affiliate. The Affiliate must not make any apps or web pages that purport to represent www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com in any way, via any social media outlet, e.g. Facebook, Google+, Twitter and others.
7.5 The Affiliate will not commit any actions that might lead to confusion regarding the relationship between the Company and/or www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites and the Affiliate and/or the Affiliate Website(s).
7.6 The Affiliate will be compliant with all regulations regarding data protection (GDPR) and privacy and all other applicable legislation. The Affiliate will ensure that users are informed that if they click the Links then tracking technology will be placed on their hard drive; the Affiliate must offer the user the opportunity to reject this if they desire.
7.7 The Affiliate Website(s) must offer Customers an opt-in opportunity for subscriptions to receive Advertising Material (SMS/email) sent by the Affiliate. It is recommended that a double opt-in mechanism is employed. If the Affiliate does not offer such a facility, all Advertising Material Customers receive can be classified as spam. If www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com is in receipt of Customer complaints regarding spam, the Company may demand that the Affiliate proves that they offer the Customer an opt in option. As per Clause 6.2 (f) above, the Company may freeze the Affiliate's account if such proof is not forthcoming.
7.8 All Advertising Material that the Affiliate sends to Customers must offer the facility to unsubscribe, so that Customers can choose to receive no more Advertising Material from the Affiliate.
7.9 The Affiliate will take steps to ensure that no individual below the legal gambling age in their jurisdiction receives any Advertising Material.
8.1 The Company shall pay Commission to the Affiliate. This Commission will be subject to VAT and all other applicable taxes. The Commission will be paid to the Affiliate in respect of New Customers and net revenue share referred to products and services from www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites via the Affiliate Website.
8.2 The Commission will be assessed on the completion of each calendar month, with the payments being made no later than the 30th of the next calendar month.
8.3 If the Revenue is negative when the Commission is assessed (due to deductions made in respect of Customer winnings, administration fees, cash items and/or progressive contributions) the Affiliate's balance will be assessed as zero. However, if fraud has been committed, particularly if the fraud has involved intellectual property theft (Clause 6.4, above) or financial sanctions (Clause 6.5, above), the negative balance will be carried over.
8.4 The Affiliate will receive payment for Commission via Bank transfers and the Affiliate needs to invoice the Company. If any errors are made when calculating the Commission, the Company has the right to make corrections and reclaim any overpayment as it sees fit.
8.5 Should an overpayment be made, the Company has the right, without prejudice, to claim a refund from the Affiliate; if said refund is not forthcoming the Company shall subtract payment from the Commission for the next month and the months following until the overpayment has been fully returned.
8.6 Should an underpayment be made, the company has the right, without prejudice, to add to the amount that has been underpaid to the Affiliate's Commission for the next calendar month.
8.7 When the Affiliate accepts the payment of their Commission, this represents a complete and final settlement regarding the monies owing for that period.
8.8 If the Affiliate feels there is an error with the balance payment offered, they shall make the Company aware of this, with the reasons why, within 30 days of the payment being made. If the Company is not informed of any disagreement within this period, the Affiliate will be considered to have accepted payment for that period.
8.9 The Company has the right to withhold Commission payments for up to 180 days while it undertakes investigations to confirm that the transactions for which the Affiliate gained the Commission are compliant with this Agreement.
8.10 If the Company reasonably believes that the Affiliate has generated traffic in an illegal manner, or in a way that breaches this Agreement, Commission shall not be paid.
8.11 If the Affiliate has gained Commission through fraud or other illegal means, they agree that all Commission shall be returned, and the Company is indemnified against any costs or losses suffered in relation to same, including, but not limited to, all legal costs.
8.12 The Company retains the right to insist on minimum levels of activity from the Affiliate's account(s). These levels will be subject to continuous review, and the Company has the right to terminate the Agreement of any Affiliate who does not achieve the minimum required. Said limits will not be set at an unreasonable level; they are intended to prevent the Company making a loss through accounts wherein the cost to the Company of supporting the account and pay-outs is greater than the revenue accrued.
8.13 The Affiliate is solely responsible for the payment of all monies payable both in their own jurisdiction and in others to all relevant tax authorities, departments or other entities, in respect of charges, fees, levies and taxes payable due to the Commission received due to this Agreement. The Company has no liability for the non-payment of any such sums; if the Company has to pay any such sums, the Affiliate agrees to indemnify the Company and reimburse any payment.
9.1 Either Party may terminate this agreement with 30 day's written (email) notice; if www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites is prevented from offering gaming facilities to Customers through the Website, this Agreement will be terminated automatically.
9.2 If the Affiliate commits material breaches of the obligations contained in this Agreement, the Agreement may be terminated if no remedial action has been taken regarding the breach within three days of company notifying the Affiliate of same. This opportunity for remedy does not apply in the case of fraud (see Clause 6.3, above).
9.3 If either Party is declared bankrupt/insolvent by a court, or if bankruptcy/insolvency proceedings are taken against it, or any other indication exists that a Party is insolvent, the Agreement may be terminated.
9.4 The Company has the right to terminate the Agreement at any time as part of a business strategy or for other internal Company reasons. The Company shall attempt to give 30 days' notice (minimum) of termination, as per Clause 9.1. If such notice is not possible, the Affiliate will be compensated for the 30-day period subsequent to the notification of termination; this compensation will be based on the payments made to the Affiliate in the previous 30-day period.
9.5 Both Parties agree that if the Agreement is terminated:
- A) any and all references to www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites must be removed from the Affiliate Website(s) and any of the Affiliate's communications, notwithstanding the nature of said communications;
- B) all rights that this Agreement has granted the Affiliate will be immediately terminated; the Affiliate will cease using any Intellectual Property belonging to the Company and to the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites
- C) the Affiliate is only entitled to receive Commission that has been earned but not been paid at the time of the termination of the Agreement. The Company reserves the right to withhold any final payment for a reasonable period to guarantee accuracy. As soon as the Agreement is terminated, the Affiliate has no right to any further Commissions;
- D) If the Agreement is terminated as the Affiliate has breached any part of the Agreement, the Company has the right to retain any unpaid Commissions extant at the time of termination in order to use them to pay any claims consequent to the Affiliate's breach; it is at the Company's discretion as to whether the Affiliate will be paid such Commissions;
- E) any and all confidential information and copies or developments of same held by the Affiliate must be returned to the Company;
- F) The Company will cease to have any obligation or liability towards the Affiliate as soon as the Agreement is terminated, apart from in the regard of obligations that have been designed to outlive termination. The Affiliate will not be released from any liability caused by their breaching this Agreement, if said breach took place before termination; any liabilities occurring in respect of Confidential Information will continue to be the Affiliate's liability even if the breach should be committed post-termination of the Agreement.
10.Liabilities and Indemnities
10.1 The Company will have no liability (through contract, tort, statutory duty breaches or any other means) for:
- A) any financial loss, including but not limited to loss of revenue, business, profits, contracts or predicted savings;
- B) any losses caused indirectly or as a consequence of Company activity;
- C) any goodwill or reputational losses.
10.2 The Affiliate agrees that the Company, its subsidiaries and affiliates, its successors, officers, employees, agents, directors, shareholders and attorneys have no liability for any claims arising against the Affiliate, and the Affiliate shall indemnify them, including paying reasonable fees for expert and legal advice, stemming from:
- A) the Affiliate breaching any part of this Agreement;
- B) excepting circumstances outlined in Clause 6.4, the Affiliate using or misusing any marketing material or other Intellectual Property material belonging to the Company or its subsidiaries;
- C) any behaviour or actions taken through use of the Affiliate's user ID and password;
- D) the placing of any illegal, defamatory or libellous material on the Affiliate Website(s) and/or in the Affiliate's communications;
- E) excepting circumstances outlined in Clause 6.4, any third-party claim or contention that the Affiliate Website(s) or any of the Affiliate's communications infringe any of said party's intellectual property rights or represents a violation of said party's rights to privacy or publicity;
- F) any third party gaining access to or using the Affiliate Website(s) or the Affiliate's stored data and information;
- G) all claims pertaining to the Affiliate Website(s) or the Links;
- H) all violations of this Agreement and any relevant law.
10.3 The Company and its subsidiaries reserve the right to defend any claims made relating to the above, at its discretion and at its own expense.
11.1 No part of this Agreement grants either Party the rights, titles to or interests in the other Party's Intellectual Property Rights. No part of this agreement should be regarded as offering any transfer, assignment of or license to use any Intellectual Property Rights. The Affiliate may only use the Company's Approved Advertising Material.
7.2 Any and all Intellectual Property Rights created by or derived from this agreement (including, but not limited to, advertising materials, databases and personal data) remain the sole property of the Company at all times.
12.Relationship between the Parties
12.1 Nothing within this Agreement, and no action committed by either Party, implies that either Party (or their employees, agents and representatives) is employed or acting as an agent or legal representative for the other Party; there is no implication of syndication, association, joint venture or partnership between the Parties, and neither party may make any agreement, enter into any commitment or impose any obligations for the other Party.
13.1 If any of the contractual provisions of the Agreement are or in future become invalid or impossible to enforce, said provision will be substituted for another that mirrors the commercial purpose of the original provision as close as possible. This will not affect any other provisions in the Agreement.
13.2 Any failure to enforce any rights in respect of this Agreement does not imply that a waiver has been offered; any waiver is not valid unless provided in writing.
13.3 All notice provided in respect of this Agreement to the Company should be emailed to the Affiliate Manager of the www.Lanadas.com, www.Lanadas.dk & www.Dealerscasino.com websites unless the Company has indicated differently. All communications from the Company to the Affiliate will be emailed to the address given by the Affiliate when applying.
13.4 The affiliate may not transfer this Agreement or any of the rights within it, through a legal process or otherwise, without obtaining written consent from the Company. The Company may transfer this Agreement to any other company in the group or a third party as it wishes.
13.5 Should the Company fail to take action to ensure the Affiliate adheres to all the terms of this Agreement, that does not imply that the Company has waived its rights of enforcement.
13.6 The Affiliate and the Company will cooperate closely at all times for their mutual benefit so that the services provided under this Agreement will represent a successful enterprise.
13.7 Neither Party shall have any liability towards the other if it fails, or is delayed, in fulfilling its obligations from this Agreement if said delay or failure is caused by a matter that could not be reasonably said to be within its control, including but not exclusively, labour disputes, strikes, industrial services, acts of God, acts of terror, floods, lightning, failures of utilities and communications, earthquakes etc. If such events take place, the Party is not liable for the delay or failure to meet the obligations of this agreement; if the events causing the delay or failure last for more than 30 days then either party can terminate the Agreement instantly with written notice.
13.8 Unless it has been expressly agreed differently, this Agreement represents the totality of the agreement and understanding between the Parties, superseding any other that has been entered into. If a conflict arises between this Agreement and any other agreement between the Affiliate and the Company, this Agreement has precedence. Each Party recognizes and agrees that entering into this Agreement implies that they cannot rely on, or expect remedy from, all statements, representations, warranties, understandings, promises and assurances made by any person (either negligently or innocently, and whether or not they are Party to this Agreement) except in respect of those made in this Agreement. Nothing in clause 13.8 limits or excludes any fraud liability.
14.Electronic Marketing Rules
If you intend to promote the Website with email marketing, you must adhere to the following practices:
14.1 You must have unequivocal consent from any potential recipient(s) prior to sending any email communication. You must have been given consent via an opt-in procedure, and it cannot be via a pre-filled tick box;
14.2 Your communication must make it clear that you are advertising the Website;
14.3 If your communication makes any promotional offer (e.g. an offer of free tickets for potential Customers) or any competition or game that is part of a promotion, it must be made clear in an unambiguous manner what part of your communication involves a promotional competition or game, and what the terms and conditions are;
14.4 You must not send any marketing communications to individuals below the age of 18 or below the legal age for gambling in the potential recipient's jurisdiction, whichever age is the higher;
14.5 All email communications may only promote the Website (no other party, service or site) and will only contain the supplied Marketing Materials;
14.6 The "From" section of the email you send must contain your real name, not marketing material. All communications must make you clearly identifiable, and you must not attempt in any way to conceal your identity;
14.7 You must not attempt to mislead the recipient(s) regarding the reason for and the content of your message;
14.8 You must provide an option to opt out or unsubscribe in every email; this must be working, easy to operate and obvious;
14.9: Every communication must have a valid reply email that the recipient can use to unsubscribe from your marketing messages. You must keep this reply email active for a minimum of 30 days after sending your message. You must also include a "real world" business address with all messages;
14.10 You must act swiftly to any unsubscribe request you receive. As soon as a person has informed you that they do not wish to receive any further communication from you, you must cease sending them messages;
14.12 You must not send any messages to any persons who are registered with any list stating that they do not wish to receive marketing messages;
14.13 It is your responsibility to ensure that all of your communications are compliant with every applicable law and regulation, including, but not limited to, the laws and regulations in your jurisdiction.
14.14 Any Affiliates undertaking their own email or SMS marketing initiatives with our brands must conform to the rules that our account manager imposes. If an Affiliate is undertaking their own email or SMS marketing initiative in relation to our brands they must always provide a usable and operational opt-out link.
15.Amendments to this Agreement
15.1 The Company reserves its right, at any time and at its own discretion, to without notice change, delete or add to any provisions in this Agreement. Whenever possible, the Affiliate will be sent notice of the amendments at their registered email address; once the Company has sent it, it will be considered to have been served. If the Affiliate continues to participate in the Affiliate Program after they have been informed of any amendments or modifications, that will be considered as accepting the amended terms and conditions.
15.2 Having the most recent version of this Agreement is solely the responsibility of the Affiliate.
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EM Online ApS