Terms and Conditions
Terms and Conditions 04.10.2023
General Conditions for Participation in the Freespinz Affiliates Program
The following document outlines the terms and conditions for participation in the Freespinz Affiliates Program.
Freespinz.com is owned and operated by Bet Dream B.V.., a company incorporated under the laws of Curaçao with registration number 166260 and registered address at Emancipatie Boulevard Dominico F. “Don” Martina 31. Licensed and regulated under license 5536/JAZ by Curacao Interactive Licensing N.V.
Bee Dream Limited., registration number HE378199, a company organized and existing under the laws of Cyprus, whose registered office is at Iphigenias, 14, 3036, Limassol, Cyprus is the payment operator of Bet Dream B.V., according to the laws of Cyprus.
Freespinz Affiliates may modify any part of the Agreement at any time, even without prior notice to the contracting party. If applicable, notice will be sent to the affiliate’s registered email address and will be considered delivered as soon as it is sent by Freespinz Affiliates. If the Affiliate disagrees with the changes, they should terminate the Agreement according to its terms. Continued participation in the Program after changes are posted by Freespinz Affiliates will be considered as the Affiliate’s binding acceptance of those changes. It is important to carefully read the Agreement before joining.
Definitions and interpretations
‘Affiliate’ means any natural and legal persons who, after having entered into the Agreement, makes space on their homepage, website(s), other media platform or e-mail, etc. (‘Affiliate Site’ or ‘Advertising Space’) available to Freespinz Affiliates for the marketing of the Business and/or Services and acquisition of New Depositors.
‘Sub-Affiliate’ means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on his homepage, website, email or other media platform available to Freespinz Affiliates for the marketing of the Business and/or Services and the acquisition of New Depositors.
‘Bonuses’ means any so-called ‘free money’, ‘free bets’, ‘free-games’,’money-back’, ‘top-ups’ and/or similar; and/or vouchers, rebates, discounts and/or similar that the New Depositor can utilize as payment for stakes (bets).
‘Brand’ means the name, concept of identity under which the Services or Business is generally, and from time to time, recognized in the public domain worldwide. The Brand is and remains the sole property of Freespinz Affiliates.
‘Business’ means the Freespinz Affiliates’ business consisting of Fixed Odds Betting, the Other Betting and Gaming Activities and New Activities.
‘Confidential Information’ means any information of a commercial value, essential for any of the Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Depositor lists, prospect and New Depositor data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
‘Commission’ means the compensation due to the Affiliate based on the agreed percentage of Net Profit generated by the New Depositor at Site.’
‘Database’ means the database regarding Affiliates and New Depositors, containing any Freespinz Affiliates proprietary New Depositor data with relevance to the Agreement, including without limitation personal data and contact information, and excluding all other Freespinz Affiliates databases, as it stands as of the date of the Agreement, and as it stands until the date of the Agreement being terminated. The Databases are assets of a financial value belonging to Freespinz Affiliates and represent a substantial investment made by Freespinz Affiliates.
‘Intellectual Property Rights’ means any rights in computer software (including source codes), rights in databases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights in the nature of any of the aforesaid items.
‘Payment Agent’ means the person appointed by Freespinz Affiliates to carry out on its behalf and name payments to the Affiliates;
‘Personal Data’ means any information relating to any person, whether individual or legal, that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Depositors and/or Affiliates.
‘New Activities’ means any services or products related to the Business which are not offered through Freespinz Affiliates websites as of the date of the Agreement and which will be offered through Site following the date hereof, such as the provision of Casino and Poker game play.
‘New Depositor’ means a new customer having made, in compliance with the from time to time existing Freespinz Affiliates terms and conditions (‘the Rules’), a first minimum deposit with the Site, or the equivalent amount in any other by Freespinz Affiliates accepted currency, or more, and which deposit is utilized for bona fide transactions with an ultimate aim to establish and enter a normal commercial relationship with Freespinz Affiliates within the framework of the Business.
‘Net Profit’ means the total sum of the following three (3) components:
(i) on sports book activities, all gross monies received by us in respect of all settled bets made by New Depositors after deducting; (i) monies paid out to New Depositors as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned stakes; (vi) transactions which are reversed by instruction from the card-holder’s bank (commonly referred to as charge-backs); and (vii) voids and bet/deposit bonuses.
(ii) on New Activities, the gross monies received by us in respect, less prize monies (winning) paid out in connection with New Activities, such as on poker activity, the gross rake and buy-in fees less (i) licensing fees, (ii) poker chips bonus, (iii) charge-backs, (iv) bad debts and(v) fraud, (vi) rake back, (vii) cash back or on casino activities, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made to users (iv) licensing fees (v) charge-backs (vi) bad debts and (vii) fraud.
(iii) Less arm’s length commission, license fees and/or similar paid out to Third Parties due to profit sharing arrangement, including but not only fees for the Technical platform, affiliates prizes and other similar costs.
For the avoidance of doubt, any amounts referred to herein-above in this definition are amounts attributable to a New Depositor only and are allocated pro rata subject to their participation in the revenue/costs generating events and the Affiliate concerned.
‘Services’ means the concept under which the Business is generally provided and, from time to time, made available in the public domain, in the format of language and localized customized home pages combined with call center staff having the relevant language skills.
Registration and Participation in the Partner Program
Article 1. (1) Any individual or business entity interested in joining the Freespinz.com Partner Program must explicitly agree to and accept these General Conditions. To apply, the interested party needs to electronically submit their application through the partnership form available on the website.
(2) Once the Organizer confirms the application, the applicant will be considered a registered Partner.
(2) The Organizer reserves the right to accept or reject the application without any obligation to provide justification for the decision.
(3) Should the Organizer decide to reject the application, the applicant will be informed of this rejection through an email sent to the address provided in the application form.
Article 2. (1) Upon conclusion of the Agreement, a unique partner identification code is assigned to integrate the Affiliate in the Technical Platform. By means of the link code assigned within the scope of the Freespinz Affiliates Affiliate strategy, New Depositors acquired via the link on the Affiliate’s website and the bets placed during such sessions are registered and/or can be further tracked.
(2) The preparation of additional advertising material relating to Freespinz Affiliates is only permissible with Freespinz Affiliates’ consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by Freespinz Affiliates.
(3) A change of the URL address of the Affiliate Site shall not constitute a change to the agreement and shall not affect its rights and obligations arising from this agreement.
Article 3. These General Conditions for participation in the Freespinz.com Partner Program come into effect and become binding once explicitly accepted by the Partner and upon confirmation of the registration by the Organizer. They serve as evidence and confirmation of the legal relationship between the parties involved.
Commission, Payment and Payment Terms
Article 4. (1) Based on the activity of clients referred by the Partner, the Organizer will pay the Partner a “referral commission” of up to 60% of the net profit generated. This net profit is based on the monthly total of clients referred by the Partner who have created accounts and wagered real money on any section of the Freespinz.com website. The commission is a percentage of the net profit generated by these active clients during each calendar month, as outlined in the Terms and Conditions.
Upon joining the Partner Program, the Partner’s account will have a default commission rate of up to 60% of the net profit. The Affiliate is entitled to receive a commission for each new depositor for the lifetime value starting from the date of the first deposit made by the new depositor, except in cases where the Agreement is terminated. In the event of termination, commission payments will cease 6 months after the effective termination date of the Agreement.
(2) Freespinz Affiliates shall provide the Affiliate with statements accessible through the Technical Platform at www.Freespinz Affiliates.com detailing the number of New Depositors and the Affiliate’s share of Net Profit, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the end of a calendar month, Freespinz Affiliates shall record the Affiliate’s total share of Net Profits, if any, during the previous calendar month (‘Commission’). If the Affiliate has chosen to be paid by any other means other than to a Freespinz Affiliates Player Account (such as Moneybookers, Neteller or National or International WireTransfer) and if a Revenue Share does not exceed 50 USD or similar, Freespinz Affiliates shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds 50 USD or similar.
(3) To receive revenue based on a percentage of the Net profit of his Sub-Affiliate, the Affiliate shall register the Sub-Affiliate through the Program. The Affiliate is individually responsible for registering his Sub-Affiliate and cannot claim revenue from a Sub-Affiliate not registered through the Program.
(4) The Terms and Conditions shall apply to the Sub-Affiliate. The Affiliate undertakes the responsibility to not use a fictitious name or alias when registering a Sub-Affiliate and is not allowed to register himself as a Sub-Affiliate. The Affiliate is entitled to receive 5% of his Sub-Affiliate’s Commission.
(5) Affiliate understands and accepts that access to the Freespinz Affiliates Technical Platform, including without limitation the Affiliate Software back-office module, is subject to the highest confidentiality obligation and any misuse, whether intentionally or not, of said limited access right shall be considered as a substantial breach of essential obligations under the present Agreement(obligation of result). It is understood and agreed that Affiliate has at any time secured real time access to the Technical Platform, always provided that Freespinz Affiliates does not object to such access for duly motivated reasons, such as network and IT maintenance and/or security threats. Freespinz Affiliates shall provide consolidated monthly statements containing the aggregated and accurate data concerning the generated Net Profits and the commissions of each Affiliate.
(6) All payments to Affiliates shall be made by a Payment Agent appointed by Freespinz Affiliates. Both Parties agree and acknowledge that Freespinz Affiliates may change from time to time, and at its sole discretion, the payment method and/or Payment Agent, always provided Freespinz Affiliates is and remains exclusively responsible for payment of any amounts due.
(7) A mandatory administrative fee of 40% is applied to all payments. This fee represents the portion of revenue allocated to cover the costs associated with the essential operations and management of the casino and affiliate platform. It encompasses the following:
(7.1) Management and administration of the affiliate platform;
(7.2) Oversight and management of overall casino website operations, including costs related to bonuses, customer journey optimization, and payment service provider (PSP) fees;
(7.3) Fees incurred from casino service providers;
(7.4) Licensing fees and taxation requirements.
This fee ensures the smooth functioning and compliance of the platform and its services.
(8) All payments due under the Agreement must be made in EURO. The relevant exchange rate, if applicable, will be the one periodically used by Freespinz Affiliates for internal Group reconciliation, as currently reported by OANDA (http://www.oanda.com), a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association. For clarity, all payments shall include VAT, if applicable, and the Affiliate is solely responsible for handling withholding tax, VAT, and social fees.
(9) The Organizer reserves its right to periodically change the structure of forming the commission (or part thereof) for any reason it may deem fit.
(10) In the calculation of Net Profit, when a New Depositor account results in a negative balance for the Affiliate, due to New Depositor winnings and/or bonuses, the said balance will be set to zero at the beginning of each month. No negative carry over will be taken into account from one month to another in the calculation of the Commission due to the Affiliate.
Article 5. (1) The sums, which constitute a referral commission, will be calculated and paid to the Partner by the 15th day of the month, following the month for which the commission is due, after receipt of the invoice, in the respective currency unit. Invoices and payment are processed automatically through the Freespinz Affiliates technical platform. In case of force majeure conditions and/or circumstances, there may be a delay in the payments processing.
(2) In case of entry of incorrect data by the Partner regarding payment/payment method, the Organizer will not bear any responsibility, and the payment will be deemed properly made.
(3) If the Partner disagrees with the reports or the amount payable to them, they must refrain from demanding or accepting the payment and should promptly send a written notice of their disagreement to the Organizer within business 10 days. Failing to do so will waive their right to dispute. Accepting a payment transfer or any other form of payment from the Organizer will be regarded as full and final settlement of the commission for the relevant period. However, if an overpayment occurs in calculating the Partner’s revenues, the Organizer reserves the right to adjust the calculation at any time and request reimbursement of any overpaid amounts from the Partner.
Freespinz Affiliates’ Obligations and rights
Article 6. (1) For the needs of these General Conditions, “Client/s“ will be the customers recommended by the Partner, who through their own registration at the website and/or opening their own client account, become a part of the client database of the Company.
(2) The Company will have the right to accept the registration of clients recommended by the Partner and to track their transactions.
(3) Freespinz Affiliates (Company) shall supply the Client with the Links for inclusion on the Affiliate Site and may update such Links from time to time.
(4) Subject to the Affiliate complying with Freespinz Affiliates’ instructions with regard to tracking of New Depositors accessing the Site via the Links on the Affiliate Site, Freespinz Affiliates shall use reasonable endeavors to ensure that whenever a New Depositor links to the Site through the Links on the Affiliate Site and they subsequently place a bet with Freespinz Affiliates, the relevant New Depositor is identified as originating from the Affiliate Site. However, Freespinz Affiliates shall not be liable to the Affiliate in any way if Freespinz Affiliates is unable to identify a New Depositor as originating from the Affiliate Site.
(5) Freespinz Affiliates (Company) shall be entitled to exercise any of its rights or fulfill any of its obligations hereunder (including without limitation its payment obligations) through any company within the group of companies containing Freespinz Affiliates.
(6) Freespinz Affiliates (Company) shall have the discretionary right to accept or decline any offer to execute the Freespinz Affiliates General Affiliate Marketing Agreement. In the event Freespinz Affiliates declines an offer, it shall not be obliged to indicate a reason, nor shall any compensation, remuneration or other indemnity be due.
(7) The Company reserves the right to update and change the Terms and Conditions from time to time without notice. Any amendments, modifications, enhancements or changes to The Program (including the release of new features and resources made available by us from time to time) shall be subject to these Terms and Conditions. Continued use of The Program after any such changes shall constitute your consent to such changes.
(8) The Company reserves the right, without liability to you, to reject your application without reference to you or assigning any reason thereto.
(9) If the Company suspects the Terms and Conditions have been breached, or the occurrence of fraudulent traffic, payment requests may be held over for investigation and your account may be frozen until we can validate that there has been no breach of the Terms and Conditions.
(10) The Company tracks and reports all player activity for the purposes of calculating the affiliate earnings.
(11) No payment shall be due if the Company has reason to believe that traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement between the Affiliate and the Company.
The Links
Article 7. (1) By applying for registration in the Partner Program and accepting these General Conditions, the Partner agrees to maintain unique links from its website to the Company Freespinz’s website. These links will be maintained using one of the following methods: banners, articles, or text links.
(2) The Partner is not permitted to alter, shorten, or modify the links provided by the affiliate platform.
(3) Any breach of paragraphs 1 and/or 2 will serve as grounds for the Company to unilaterally terminate the Partner’s membership in the program.
(4) The Affiliate agrees to give Freespinz Affiliates the Affiliate’s reasonable assistance in respect of the display, access to, transmission and maintenance of the Links.
(5) The Affiliate shall ensure that the Affiliate does not place any Links on pages of the Affiliate Site aimed at persons under the age of 18 years.
(6) In the event that the Affiliate wishes to place the Links on websites other than the Affiliate Site, the Affiliate must first obtain Freespinz Affiliates’s written consent.
(7) The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of Freespinz Affiliates’s trademarks or otherwise include the word ‘Freespinz Affiliates’, ‘Freespinz Affiliates Sports’, ‘Freespinz Affiliates Sportsbook’,’ Freespinz Affiliates Casino’, ‘Freespinz Affiliates Poker’, ‘Freespinz Affiliates Affiliates’ or variations thereof, or include meta tags on the Affiliate Site which are identical or similar to any of Freespinz Affiliates’s trademarks.
(8) Neither the Affiliate nor the Affiliate’s friends or relatives are eligible to become New Depositors (as defined below) and the Affiliate shall not be entitled to any share of Net Profit or any Fees (or any other remuneration from Freespinz Affiliates) in relation to such relatives or friends. Relatives in this context shall include (without limitation) the Affiliate’s spouse, partner, parent, child or sibling.
(9) The Affiliate shall indemnify on demand and hold harmless Freespinz Affiliates 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 VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Freespinz Affiliates in consequence of any breach by the Affiliate of the Agreement.
Article 8. The Affiliate shall not:
(1) directly or indirectly offer any person or entity any consideration or incentive(including, without limitation, payment of money or other benefit) for using the Links on the Affiliate Site to access the Site (e.g. by implementing any ‘rewards’ program for persons or entities who use the Links on the Affiliate Site to access Site);
(2) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Freespinz Affiliates by any person or entity;
(3) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Site;
(4) engage in transactions of any kind on the Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
(5) take any action that could reasonably cause any end user confusion as to Freespinz Affiliates ‘s relationship with the Affiliate, or as to the site on which any functions or transactions are occurring;
(6) Other than providing the Links on the Affiliate Site in accordance with the Agreement and any promotion contemplated by Clause4 (j), post or serve any advertisements or promotional content promoting Site;
(7) post or serve any advertisements or promotional content promoting the Site or otherwise around or in conjunction with the display of the Site (e.g., through any ‘framing’ technique or technology or pop-up windows or pop-under windows), or assist, authorize or encourage any third party to take any such action;
(8) Attempt to artificially increase monies payable to the Affiliate by Freespinz Affiliates;
(9) cause the Site (or any page thereof) to open in a visitor’s browser other than as a result of the visitor clicking on a Link on the Affiliate Site; or
(10) attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in the Program.
(11) Use any form of spam (including search engine spamming) or unsolicited mail in its attempts to refer New Depositors to the Site.
(12) Be under eighteen (18) years of age; and he/she is obliged to provide Freespinz Affiliates upon simple request at any time a copy of his/her ID and billing address if needed. Freespinz Affiliates reserves the right at any time to request that the Affiliate or player produce documents to verify his/her identity and/or other facts. Refusal to do so may be considered, at Freespinz Affiliates’s sole discretion, as fraudulent activity that will be subject to all the consequences listed above.
(13) Freespinz Affiliates determines, in its sole discretion, which the Affiliate has engaged in any of the foregoing activities or doubtful patterns, and the list above is not limitative. As a result Freespinz Affiliates may without limiting any other rights or remedies available to it, (a) withhold any monies otherwise payable to the Affiliate, in particular adjust the commission earned on the offending player in the affiliate account to 0%, sever the relationship between the affiliate and the player account and/or (b) close the player and/or affiliate account and/or immediately terminate the Agreement.
(14) If the Affiliate contacts any of the Affiliate’s users to promote the Site or the Links, the Affiliate shall make clear in the body of any such communication that such communication is made without the knowledge or involvement of Freespinz Affiliates and that any complaint that the relevant user may wish to make should be addressed to the Affiliate and not Freespinz Affiliates.
(15) The Affiliate shall at all times comply with the reasonable data protection standards and any other related or similar legislation.
(16) In any event, the Affiliate shall inform users of the Affiliate Site (‘Users’), via a privacy policy or other appropriate means, that tracking technology will be installed on the User ‘shard drive when a User clicks on the Links.
Intellectual Property
Article 9. (1) Nothing in the Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks ,registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or the performance of the Agreement.
(2) All Intellectual Property Rights created and/or deriving out of the Agreement, including, without limitation, banners, advertising material, contents, the Database, including contents and personal data, shall be or become the sole property of Freespinz Affiliates, and Affiliate shall have absolutely no rights therein.
(3) Freespinz Affiliates grants the Affiliate a non-exclusive and worldwide right to display the Freespinz Affiliates Brand features and related content (the ‘Freespinz Affiliates Content’) during the Term solely for the purposes of the display of the Links by the Affiliate on the Affiliate Site as set out in the Agreement and in accordance with Freespinz Affiliates’ guidelines as may be provided to the Affiliate from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by Freespinz Affiliates to its New Depositors from time to time shall remain the property of Freespinz Affiliates. The Affiliate is not permitted to use the Freespinz Affiliates Content in any way that is detrimental to Freespinz Affiliates or the reputation or goodwill of Freespinz Affiliates. The Affiliate is not permitted to alter or modify in any way the Freespinz Affiliates Content without the express prior written consent of Freespinz Affiliates.
(4) In particular, unless prior written approval, the Affiliate may not purchase or register domains names which are identical or similar to any of Freespinz Affiliates’s trademarks or otherwise include the word ‘Freespinz Affiliates’,’Freespinz Affiliates Sports’, ‘Freespinz Affiliates Sportsbook’, ‘Freespinz Affiliates Poker’, ‘Freespinz Affiliates Casino’, ‘Freespinz Affiliates Affiliates’ or variations which are identical or confusingly similar to any of Freespinz Affiliates’s trademarks.
(5) The Parties agree that the right mentioned in Clause 7 (c) is non-transferable and terminable at any time at the instance of Freespinz Affiliates.
(6) The Affiliate agrees that the Affiliate Site shall not resemble in any way the appearance and/or the general impression of the Site, nor will the Affiliate create the impression that the Affiliate Site is the Site (or any part thereof).
(7) Upon termination of the Agreement, each Party shall hand over to the other Party proprietary material or information, and, as the case may be, destroy in a secure manner remaining copies of the same. Notwithstanding any disposition to the contrary in the Agreement, Affiliate acknowledges that after termination of the Agreement, it will not be allowed to keep a copy of the Freespinz Affiliates Content, the Databases, personal data or Confidential Information, and may not exploit, directly or indirectly, Freespinz Affiliates proprietary information, materials or works.
Warranties
Article 10. (1) Each party to the Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into the Agreement, to grant to the other party the rights and licenses granted in the Agreement and to perform all of its obligations under the Agreement.
(2) Each party to the Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable it to fulfill its obligations under the Agreement and that it fully complies with, and shall continue fully to comply with, the preconditions set out in Clause 3 and all applicable laws and regulations.
(3) The Affiliate represents, warrants and undertakes that the Affiliate Site shall contain no material which is defamatory, pornographic, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights and shall not link to any such material.
(4) The Affiliate warrants that it shall at all times comply with any local and international data protection standards any other related legislation and the Affiliate shall indemnify on demand and hold harmless Freespinz Affiliates 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 VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Freespinz Affiliates as a result of any breach by the Affiliate of this warranty.
(5) Freespinz Affiliate is associated with companies working for the prevention of gambling addiction (Gam care). The Affiliate should provide all the information to fight the dependence on game. The Affiliate should place links directed to the aforementioned sites.
(6) The Affiliate agrees to work to ensure a lack of access to children and young persons. Affiliates must not deliberately provide facilities for gambling in such a way as to appeal particularly to children or young people, for example by reflecting or being associated with youth culture.
Disclaimer
Article 11. (1) Freespinz Affiliates make no representation that the operation of the Site will be uninterrupted or error-free and Freespinz Affiliates will not be liable for the consequences of any interruptions or errors.
Indemnity
Article 12. (1) The Affiliate (the ‘Indemnifying Party’) shall indemnify on demand and hold blameless Freespinz Affiliates and each of its associates, officers, directors, employees, agents, shareholders and partners(the ‘Indemnified Party’) from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, nonperformance or non-observance by such Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in the Agreement.
Exclusion of Liability
Article 13. (1) Nothing in this Clause shall limit Freespinz Affiliates’s liability resulting from willful misconduct.
(2) Freespinz Affiliates shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for:
(2.1) any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(2.2) any loss of goodwill or reputation; or
(2.3) any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of the Agreement, or any other matter under the Agreement.
(3) The liability of Freespinz Affiliates shall not, in any event, exceed the sum of the total monies paid by Freespinz Affiliates to the Affiliate over the 12 months period preceding the date on which such liability accrued.
Additional conditions and provisions
Article 14. If the Company continues to provide services to clients referred by the Partner after the Partner’s membership in the program has been terminated, this does not imply an extension of the Partner’s membership or the application of these General Conditions between the parties.
Article 15. After the termination of membership or these General Conditions, the Company reserves the right to withhold the Partner’s final commission payment for a reasonable period to ensure the correct calculation and payment of the amount owed.
Article 16. If the Partner fails to fulfill any obligations under these General Conditions, the Company may unilaterally terminate the Partner’s membership in the program and/or withhold the referral commissions due at the time of the violation or membership termination.
Article 17. The Partner cannot transfer their participation in the Partner Program to a third party without the Company’s prior explicit written consent.
Article 38.(1) By accepting these General Conditions, the Partner establishes a valid contractual relationship with the Organizer regarding their participation in the Freespinz Partner Program.
(2) The Organizer reserves the right to unilaterally amend these General Conditions or specific provisions and will communicate such changes through an explicit notice published on this website.
Article 39. This Agreement shall start on the date that Freespinz Affiliates notifies the Affiliate that its application has been successful.
In effect from October 01, 2023.