(These Terms and Conditions are intended to form a legally binding and enforceable Agreement between you as an applicant to the DoubleDice Affiliate Program. Kindly read these Terms and Conditions carefully)
This Affiliate Agreement (herein referred to as “Agreement“) contains the complete terms and conditions of the DoubleDice Affiliate Program. “You” or the “affiliate” refers to you, the individual, group or corporate entity registering with us as an affiliate under this Agreement, and shall be deemed to include any employees, officers, directors, shareholders, owners, controlling parties and affiliated individuals and entities (and “your” has a corresponding meaning).
It is important that you read and understand this Agreement. By completing an application to join the DoubleDice Affiliate Program and subsequently participating therein, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree, you should discontinue your application or participation in the DoubleDice Affiliate Program.
This Agreement replaces all previous terms and conditions relating to the Affiliate Program or any previous affiliate program offered by DoubleDice. You agree that this Agreement supersedes all previous agreements or terms and conditions you have had with DoubleDice or any Group Company.
I. DEFINITIONS AND INTERPRETATION
A. Definitions
“Affiliate Payment” means your revenue share under this Agreement for referring Customers to the Sites;
“Affiliate Site” means your website or websites located at the URLs provided to DoubleDice in your Application or subsequently changed from time to time as notified to DoubleDice;
“Application” means your application to join the Affiliate Program;
“Commencement Date” means the date on which DoubleDice confirms that your application to join the Affiliate Program has been accepted;
“Company” means DoubleDice and/or the owner and operator of the Site/s, as the case may be;
“Confidential Information” means all information in any form relating to a party (and any Group Company in the case of DoubleDice) (the “Disclosing Party”) that is directly or indirectly disclosed to the other party (the “Receiving Party”), including any personal data and/or customer data, by any of the Disclosing Party’s employees, professional advisers or contractors before or after the Commencement Date;
“Customers” means all persons who open an account with DoubleDice, the Company or a Group Company for the first time who arrive at the Site/s by clicking on the Links on your Affiliate Site;
“Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced contractor acting in good faith;
“Group Company” means the Company and any body corporate which is from time to time a holding company of that company, a subsidiary of that company or a subsidiary of a holding company of that company (“holding company” and “subsidiary” having the meanings attributed to them by s.1159 of the Companies Act 2006) and shall include any company in which a Group Company has a shareholding of 50% or more;
“Immediate Family” means your spouse, partner, parent, child or sibling;
“IPR” means any and all patents, trade marks, service marks, rights in designs, get-up, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements;
“Links” means hypertext links (either a banner or text link) that links to the Site/s under this Agreement;
“Parties” means the parties to this Agreement;
“Program” means the DoubleDice Affiliate Program;
“Sites” means DoubleDice Sportsbook, DoubleDice Casino and DoubleDice Live Dealer (www.DoubleDice.com as well as its alternative domains and URLS)
B. Interpretations
In this Agreement, except where the context indicates otherwise:
1. clause headings are included for convenience only and shall not affect the interpretation of this Agreement;
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;
3. the singular includes the plural and vice versa; and
4. reference to a statute or statutory provision is a reference to that statute or statutory provision and to all orders, regulations, instruments or other subordinate legislation made under the relevant statute.
II. LICENSES AND INTELLECTUAL PROPERTY
License Grant
A. We hereby grant to you a personal, non-exclusive, non-transferable, and revocable limited license, during the term of this Agreement, to use our trademarks (licensed, in turn by us, from their owner) solely for the purpose of displaying approved Links and promotional materialson your Affiliate Site.
B. By this Agreement, we grant you the non-exclusive right to direct Customers to our Sites, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege or referrals, and we reserve the right to contract with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
Restrictions on Use
C. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the trademarks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the trademarks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor’s rights in the trademarks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
D. 1. Ownership of IP
All intellectual property rights, including but not limited to trademarks, trade
names, logos, domains, software, creative assets, text, graphics, and content
provided by DoubleDice (“DoubleDice IP”), are and shall remain the exclusive
property of DoubleDice and/or its licensors. The Affiliate acknowledges that it
shall acquire no rights, titles, or interests in DoubleDice IP except as expressly
provided in this Agreement.
2. License Grant
DoubleDice grants the Affiliate a limited, non-exclusive, non-transferable,
revocable license to use approved DoubleDice IP solely for the purpose of
promoting the Sites in accordance with this Agreement.
3. Prohibited Use of IP
The Affiliate shall not, directly or indirectly:
(a) register, purchase, or use any domain name, subdomain, keyword, search
term, or social media account containing or resembling DoubleDice IP;
(b) bid on or purchase search engine keywords or PPC terms that include
DoubleDice IP or confusingly similar marks;
(c) create websites, social media pages, or content designed to imitate the
“look and feel” of DoubleDice Sites;
(d) alter, modify, or misrepresent approved creative assets;
(e) present itself as an “official partner” or “sponsor” without prior written
approval;
(f) use DoubleDice IP in press releases, paid media, or promotional campaigns
without prior written consent;
(g) use DoubleDice IP in any way that is misleading, defamatory, disparaging,
unlawful, or damaging to DoubleDice’s reputation.
(h) use DoubleDice IP, or any confusingly similar terms, in meta-tags, page titles, hidden text, or app store optimization techniques for the purpose of manipulating search results;
(i) develop, publish, or distribute any mobile applications, browser extensions, or software tools that use, imitate, or reference DoubleDice IP without prior written consent;
(j) use DoubleDice IP in hashtags, social media handles, usernames, profile names, or bios that may mislead users into believing there is an official association with DoubleDice.
4. Enforcement
(a) Any unauthorized use of DoubleDice IP shall constitute a material breach of
this Agreement.
(b) DoubleDice reserves the right to immediately revoke the license granted
under this Agreement and require the Affiliate to remove all DoubleDice IP.
(c) Continued use of DoubleDice IP following termination or revocation shall be
deemed infringement, and DoubleDice reserves the right to pursue injunctive
relief, damages, and all other remedies available under law.
E. We reserve the right to revoke this license at any time and it shall have been deemed revoked at the termination of this Agreement, for whatsoever reason.
III. AFFILIATE OBLIGATIONS
General Warranties
A. You warrant and undertake that:
1. You have full capacity and authority to enter into this Agreement and any other documents executed by you that may be associated with this Agreement;
2. You will conduct yourself at all times with due skill, care and diligence, in accordance with Good Industry Practice;
3. You will comply with DoubleDice’s policies and guidelines as may be advised to you or made know to you from time to time;
4. All information that you provided to DoubleDice in your application is accurate and correct and that you will inform immediately of any changes to your information;
Restricted Territories & Traffic
5. The Affiliate shall not target, promote, or accept Customers from the
following jurisdictions (“Restricted Territories”): North Korea, Iran, Myanmar, Yemen, Zimbabwe, South Sudan, Afghanistan, Cuba, Iraq, Cote d’Ivoire/Ivory Coast, Liberia, Libya, Bulgaria, Malta, Sudan, Syria, USA, US Overseas Territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S Virgin Islands), Aruba, Curacao, French Polynesia, Lithuania, New Caledonia, Sint Maarten, St. Barthélemy, St. Martin, St. Pierre & Miquelon, U.S. Outlying Islands, Wallis & Futuna, French Guiana, Guadeloupe, Martinique, and any
other territory listed on DoubleDice’s restricted markets schedule from time
to time.
DoubleDice may amend the list of Restricted Territories at any time and at its sole
discretion. Your continued participation constitutes acceptance of any such changes.
Traffic originating from Restricted Territories will not qualify for commission, regardless of the Affiliate’s knowledge or intent.
Customers accessing the Sites via VPN, proxy servers, anonymized IPs, Tor, or similar technologies will not qualify as valid Customers.
Affiliates must implement reasonable technical measures to ensure their traffic sources do not encourage or permit such activity.
6. You have obtained all the necessary authorizations, permits or licenses to enable you to fulfill your obligations under this Agreement and that your performance hereunder is not in violation of applicable law;
7. You will not challenge any of the IPR of DoubleDice or any Group Company or file any application involving any mark or domain name that is similar to that of DoubleDice or any Group Company. This includes registration of any domain names or keywords, search terms that incorporate terms which are identical or similar to Dafa, DoubleDice or any marks owned by DoubleDice;
8. You will ensure that the Customers you refer under this Agreement will abide by the Site/s terms and conditions and that you will not encourage or assist any Customers to breach any terms and conditions agreed to when opening an account with DoubleDice or a Group Company;
9. You shall comply with all applicable anti-money laundering, counter-terrorist financing, and responsible gambling legislation, guidelines, and best practices.Any breach will result in immediate termination and forfeiture of AffiliatePayments.
Affiliate must not engage in bribery, facilitation payments, improper inducements, or corruption.
Affiliate must not publish or communicate disparaging statements about DoubleDice.
B. You agree that:
Audit & Monitoring
1. In the case of Corporate Affiliates or other legal entities, this limitation on non-payment to Customers shall extend to Immediate Family members who are your shareholders, directors and officers;
2. We may monitor your Affiliate Site to ensure your compliance with the terms and conditions of this Agreement and you shall agree to cooperate to enable DoubleDice to monitor your activity;
3. Applicable e-Commerce laws or regulations will not apply to this Agreement;
4. You will present only content on your Affiliate Site (in relation to your acting as an affiliate under this Agreement) which are pre-approved in writing by DoubleDice. Any content that is deemed unsuitable by DoubleDice at its absolute discretion, will result in the immediate termination of this Agreement.
5. You will be solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear therein and at your own cost. Since we do not have control over your Affiliate Site, we disclaim all liability for these matters. Further, you will indemnify and hold us free and harmless from any and all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance, and contents of your Affiliate Site. This provision on indemnification is without prejudice to our right to a separate action or claim against you under applicable laws.
6. DoubleDice reserves the right, at any time, with or without prior notice, to audit the Affiliate’s records, systems, traffic sources, and business operations.Commissions may be withheld during any audit or investigation. Affiliates must provide requested information within 7 days. Failure to cooperate constitutes a material breach.
Marketing & Incentives
1. You cannot, directly or indirectly, offer any person any incentive (such as but not limited to payment of money) to use the Links;
2. The Affiliate Site will not contain or link to any content which is defamatory, obscene, violent, pornographic, unlawful, discriminatory, or otherwise inappropriate or that infringes any third-party rights;
3. “The Affiliate shall not market the Sites in any jurisdiction where gambling is unlawful or without the appropriate local license. All marketing must comply with applicable advertising codes and shall not make misleading or unsubstantiated claims.
C. AFFILIATION GUIDELINES
1. Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote the Sites. Advertorials and personal endorsements are allowed but all materials not designed by DoubleDice will need prior approval in writing.
2. You may not modify or use, for any other purpose, any IP rights, banners or other creative material supplied by us without our prior written consent. All copyright or IP rights notices on any material supplied or approved by DoubleDice, must remain on said material and shall not be modified or eliminated.
3. By agreeing to participate in the Program, you are agreeing to download banners, text or promotional material and place it on the Affiliate Site, utilize it within e-mail, direct marketing using your affiliate URL or print. These methods are the only approved methods by which you may advertise under the Program and this Agreement.
4. Banners and links may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or through the use of “bots”. Traffic generated illegally will not be counted and may result in the termination of this Agreement and your affiliate account with us.
5. We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you discredit DoubleDice or the Company through false advertising, written or uttered words.
6. You shall not make any claims, representations, or warranties in connection with DoubleDice and you shall have no authority to and shall not bind DoubleDice, the Company or any Group Company to any obligations.
7. Without our prior written approval, you will only use our approved banners and links and will not alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of DoubleDice.
8. You will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to DoubleDice. Should fraudulent activity arise through a person directed to a site via the Link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement on account of Fraud Traffic, at our discretion.
9. “The Affiliate shall
Follow all laws and regulations, including AML, CTF, gambling, advertising,
and anti-bribery rules.
Use only DoubleDice links and creatives approved in writing; no alteration
or misrepresentation.
Disclose all traffic sources used. Undeclared sources may be rejected and
commissions withheld.
Not target minors or restricted territories, not promote VPNs, and not use
spam, bots, or fraudulent traffic.
Not offer incentives, rebates, or kickbacks without prior written approval.
Not register accounts through its own links, nor refer Immediate Family or
Employees.
Not participate in both the Affiliate Program and the Refer-a-Friend
Program.
Remain liable for subcontractors, agencies, and influencers as if their acts
were the Affiliate’s own.
Permit DoubleDice to audit campaigns and records. Content flagged by
DoubleDice must be removed without delay.
Not impersonate DoubleDice staff, claim official partnership, or run
lookalike sites or accounts.
10. You are not allowed to concurrently maintain both affiliate and referral relationships with DoubleDice. Violation of this provision grants DoubleDice the right to unilaterally terminate either or both affiliate and/or referral relationships. A referral relationship refers to a relationship with DoubleDice pursuant to DoubleDice’s Refer-A-Friend Programme (as set out and available in the Website).“An Affiliate may not participate in both the Affiliate Program and any Refer-a-Friend or referral program. Violation constitutes grounds for immediate termination and forfeiture of commissions.”
11. All domains, accounts, social media, paid media campaigns, agencies, and
traffic sources must be disclosed to and approved by DoubleDice before use.
Undeclared or unapproved sources may be rejected, and commissions
withheld.
IV. REVENUE SHARE
Commission Structure & Payment Terms
A. The terms of your Affiliate Payment can be found here:
*** 1. DoubleDice Affiliates Revenue Share
B. All payments made to you by DoubleDice under this Agreement are:
1. All Affiliate Payments shall be made in USDT (Tether) by default. At
DoubleDice’s discretion, payments may alternatively be made in BTC, ETH, or
any other agreed upon terms of payment.
2. Payment Frequency
Commissions are calculated on a monthly basis and processed within 30 (thirty) days following the end of each calendar month, subject to the Affiliate’s full compliance with all
obligations under this Agreement.
3. Minimum Payout Threshold
The minimum monthly payout threshold is $100 equivalent in USDT.
If an Affiliate’s monthly commission is below the threshold, the balance will
roll over to the following month(s) until the threshold is met.
4. Payment Disputes
Any dispute regarding the amount or accuracy of a payment must be
notified to DoubleDice in writing within 30 days of payment date.
Failure to raise a dispute within this period shall be deemed an irrevocable
acceptance of the payment.
5. Taxes
Affiliates are solely responsible for any and all taxes, levies, or charges due
in their jurisdiction in respect of Affiliate Payments. DoubleDice shall not
withhold or remit taxes on behalf of Affiliates.
6. Withholding & Set-Off
DoubleDice reserves the right to suspend, withhold, delay, or claw back
Affiliate Payments, in whole or in part, if:
(a) Fraud Traffic or prohibited conduct is suspected;
(b) referred Customers are subject to chargebacks, refunds, or reversals;
(c) regulatory, licensing, or AML/CTF concerns arise;
(d) the Affiliate is in breach of this Agreement; or
(e) DoubleDice reasonably considers payment improper or unlawful.
7. No Payments to Player Accounts
Affiliate Payments will only be made to the designated Affiliate wallet or bank
account.
Payments shall not, under any circumstances, be made to Customer or player
Accounts.
8. Default revenue share is 30% based on net revenue. Rates are not guaranteed and may be amended, varied, or withdrawn at any time at DoubleDice’s sole discretion. DoubleDice
may offer CPA, Hybrid, or alternative models on a case-by-case basis.
Exclusions from Commissions
C. You will not be entitled to receive any Affiliate Payments in the event that a Customer:
1. has been introduced in breach of any term of this Agreement;
2. makes a deposit which is subject to chargeback, reversal, fraud, collusion, bonus abuse, money laundering, or any other activity deemed fraudulent or in breach of DoubleDice’s terms and conditions, whether relating to the initial deposit or any subsequent transactions.
3. fails any identity or credit checks carried out by DoubleDice or on its behalf;
4. is located in a territory from which DoubleDice and its Group Companies does not accept customers;
5. is suspected by DoubleDice of violating its terms and conditions or is participating in any fraudulent activity;
6. has their account closed within 45 days of the account opening; or
7. becomes known to DoubleDice to be someone who does not properly fall within the term “Customer” to which you are entitled to revenue share as herein provided.
D. For avoidance of doubt, you shall not refer nor be entitled to a revenue share for any Customer that you refer from any Excluded Territory as this term is defined in the relevant Sites’ terms and conditions.
V. DISCLAIMERS
Service Availability
A. DoubleDice makes no representation that any of its services, or those provided by the Sites will be uninterrupted or error free. DoubleDice, to the fullest extent permissible by applicable law, shall not be liable for any consequence or losses arising from such interruptions or errors.
Legality of participation
B. DoubleDice makes no warranty or representation that your participation in this Program (or by your Customers in the Sites) is legal in the jurisdiction of your (or Customer’s) residence or citizenship. It shall be your sole responsibility to ensure compliance with applicable law.
VI. CONFIDENTIALITY AND ANNOUNCEMENTS
Confidential Information
A. During the term of this Agreement and for an indefinite period following its termination, each party shall keep all Confidential Information strictly confidential and use it only as necessary to perform its obligations under this Agreement. Neither party shall disclose any of the other party’s Confidential Information to any person except with the prior written consent of the other party. Both parties shall follow Good Industry Practice to prevent the use or disclosure of the Confidential Information. The obligations under this clause shall not apply however to any Confidential Information that:
1. has come into the public domain other than by breach of this Agreement, or any other duty of confidence;
2. is obtained from a third party without breach of this Agreement;
3. is required to be disclosed by law or other regulatory requirement provided notice is given to the other party prior to disclosure where legal to do so; or
4. is in the possession of the Party at the time the Confidential Information was disclosed to it by any other party or which is independently developed without reference to any Confidential Information of the other party.
Permitted Disclosures
B. Each party may disclose any confidential information to its directors, employees, professional advisers and sub-contractors and to those of any company in its Group to the extent that such disclosure is reasonably necessary in order to comply with its obligations under this Agreement. If such disclosure is to be made, the party making the disclosure shall ensure that the recipients of confidential information are subject to the same obligations of confidentiality as required hereunder.
C. On termination of this Agreement, each party shall either return or destroy all copies of Confidential Information in its possession, and (if so requested) shall use all reasonable endeavours to destroy all copies of Confidential Information stored electronically except to the extent that it is obliged to retain such information under any law, regulation or licence condition applicable to that party or any company in its Group.
VII. DATA PROTECTION AND SECURITY
A. You acknowledge that the security of DoubleDice’s data and its systems is of paramount importance. If you become aware of a breach or potential breach of security in any manner in relation to the Program, you shall immediately notify us and use your best efforts to ensure that a potential breach does not develop any further or to remedy an actual breach and any of its effects or consequences.
B. You warrant that your Affiliate Site is compliant and will comply with applicable data privacy and protection laws.
C. The Affiliate shall act as an independent data controller and shall comply with all applicable data protection and privacy laws, including GDPR. The Affiliate shall indemnify DoubleDice against any liability arising from its breach of such obligations.
VIII. INTELLECTUAL PROPERTY RIGHTS
A. Any and all intellectual property rights pertaining to the Links and the Sites shall belong to their respective owner. You hereby agree that you will not challenge the ownership of these intellectual property rights nor register anything which is similar or resembles them.
B. You hereby agree to indemnify DoubleDice against any claim or demand brought against it for any infringement or alleged infringement of intellectual property rights in the operation of your Affiliate Site.
IX. INDEMNIFICATION & LIMITATION OF LIABILITY
Affiliate Indemnity
A. You hereby agree that you will indemnify and hold free and harmless DoubleDice, its affiliates, group companies and individual officers from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, reasonable legal costs and expenses) and liabilities suffered or incurred, directly or indirectly in consequence of any breach by you of your obligations under this Agreement.
This indemnity expressly includes, without limitation, any regulatory fines, penalties, or licensing-related sanctions incurred by DoubleDice as a result of your actions or omissions.
Exclusions of Liability
B. To the fullest extent permitted by applicable law, the following provisions set out the entire liability of DoubleDice (or any related party or officers) to you whether in contract, tort, statute, equity or otherwise:
1. You acknowledge and agree that the Program and the Sites are provided “AS IS” without warranties of any kind (whether express or implied);
2. All conditions, warranties, terms and undertakings (whether express or implied), statutory or otherwise relating to the delivery, performance, quality, accuracy, uninterrupted use, fitness for purpose, occurrence or reliability of the Links, the Affiliate Program and the Sites are hereby excluded; and
3. DoubleDice (its affiliates, group companies or officers) will not be liable to you for any losses relating to your participation in the Program, your use of the Links or any breach of this Agreement by DoubleDice including loss of profits (whether direct or indirect), revenues, goodwill, anticipated savings, data or any type of special, indirect, consequential or economic loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or even if DoubleDice had been advised of the possibility of you incurring such loss.
No Warranties
C. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM OR REVENUE SHARING ARRANGEMENTS (INCLUDING WITHOUT LIMITATION, THEIR FUNCTIONALITY, AND WARRANTIES OF FITNESS, MERCHANTABILITY, LEGALITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND; WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
D. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DoubleDice, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (a) ANY CHANGES WHICH COMPANY MAY MAKE TO THE AFFILIATE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE AFFILIATE PROGRAM (OR ANY FEATURES WITHIN THE AFFILIATE PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE AFFILIATE PROGRAM; (C) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON COMPANY’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
E. The prescriptive period within which you must commence proceedings on any claim under this Program shall be 6 months from the date you became aware or should reasonably have become aware of the relevant breach that would form the subject of the claim.
F. DoubleDice’s aggregate liability under this Agreement shall not exceed the total Affiliate Payments paid to the Affiliate in the six (6) months immediately preceding the event giving rise to liability.
X. TERM AND TERMINATION
A. This Agreement shall remain in effect from the Commencement Date until terminated by either party with at least thirty (30) days’ prior written notice.
B. DoubleDice may terminate this Agreement immediately in the event that:
1. You breach any provision, engage in fraudulent or unlawful activity, or act in a manner that may damage DoubleDice’s reputation;
2. You cease or threaten to cease carrying on your business, including being subject to bankruptcy or liquidation proceedings.
3. DoubleDice ceases to accept customers from a territory or jurisdiction which your Affiliate Site markets to.
4. DoubleDice determines that your Affiliate Site is generating fraudulent traffic or any other similar methods aimed to create fraudulent payment of revenue share under this Agreement.
Effects of termination
C. Termination of this Agreement shall be without prejudice to any rights or obligations which may have accrued prior to termination.
D. Upon termination of this Agreement, any licenses granted to you herein will immediately terminate.
E. In the event of termination under Clause X(B), DoubleDice reserves the right to withhold any unpaid Affiliate Payments, including accrued but unpaid amounts, whether or not they have already been earned prior to termination.
F. Clauses VI, IX and all other clauses which by implication will need to remain effective after termination of this Agreement, shall remain effective for an indefinite period after termination of this Agreement for whatever reason.
G. The obligations relating to confidentiality, intellectual property, data protection, liability, and indemnification shall survive the termination of thisAgreement indefinitely.
H. Upon termination, Affiliate must immediately remove all DoubleDice links,
logos, and materials, and certify destruction of all confidential information
within 7 days. Continued use of DoubleDice IP after termination constitutes
infringement.
XI. FORCE MAJEURE
A. Neither party shall be held in breach of this Agreement, nor liable for any delay, or failure to perform, any of its obligations if such delay or failure results from circumstances beyond its reasonable control, including natural disasters, acts of war, cyberattacks, or government restrictions. In which case, the affected party shall be entitled to a reasonable extension of the time to perform its obligations under this Agreement, provided that if the period of delay or non-performance continues for more than ten (10) days, the unaffected party may opt to terminate this Agreement upon written notice to the other party.
XII. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement or its implementation shall constitute, or be deemed to constitute a partnership, association, joint venture or other co-operative entity between the parties. You shall not hold yourself out as our agent nor authorize any party to make or enter into any commitments for or on our behalf.
XIII. ASSIGNMENT AND SUB-CONTRACTING
A. You shall not assign, novate, declare a trust of or otherwise dispose of this Agreement, or any part thereof.
B. DoubleDice may, however, assign or sub-contract any of its rights and obligations under this Agreement to a Group Company at any time without giving notice to you.
XIV. MISCELLANEOUS
A. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof, supersedes all previous agreements and understandings between the Parties with respect thereto, and may not be modified except by an instrument in writing signed by the duly authorized representatives of the Parties.
B. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. DoubleDice reserves the right to amend, modify, or replace these Terms and Conditions at any time by providing notice via email or publication on the Affiliate Portal. Continued participation constitutes acceptance of such amendments.
C. Our failure or delay to enforce at any time any one or more of the terms or conditions of this Agreement shall not be a waiver of such rights or any other rights.
Acknowledgements
D. Each Party acknowledges that, in entering into this Agreement, it does not do so on the basis of, and does not rely on, any representation, warranty or other provision except as expressly provided herein.
E. This Agreement and any dispute or claim, arising out of or in connection with it,, shall be governed by and construed in accordance with the laws of England and Wales. The Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
F. You hereby agree and acknowledge that you have had an opportunity to consider each and every provision contained in this Agreement and have had the opportunity to seek independent legal advice with respect to each and every provision thereof and hereby agree that all provisions of this Agreement are reasonable and valid.
G. DoubleDice’s aggregate liability under this Agreement shall not exceed the total Affiliate Payments paid to the Affiliate in the six (6) months immediately preceding the event giving rise to liability.
H. The Affiliate agrees to bring any claim or dispute against DoubleDice in its individual capacity only and not as part of a class action or collective proceeding.
* For affiliates from other countries, please refer to your country’s terms and conditions.