GoldenNuggetCasino.Com Affiliates Terms and Conditions

 

Affiliate Terms

Please read these Affiliate Terms carefully before applying to become an Affiliate, as they set out our and your legal rights and obligations in relation to our Affiliate Program. You will be asked to agree to these Affiliate Terms before becoming an Affiliate.

If you have any questions or comments about the GoldenNuggetCasino.Com Affiliate Program, please contact us by writing to our Affiliate Team at Affiliates@goldennuggetcasino.com.

 

 1. Definitions and interpretation

1.1 In the Agreement:

Acceptance Email” means an email sent by the Company to an Affiliate in accordance with Clause 2.3 confirming that the applicant has been accepted into the Affiliate Program;

 

Affiliate” means the person (natural or legal) specified as the applicant for our Affiliate Program on the Registration Form;

 

Affiliate Program” means the Company's affiliate Program for Golden Nugget’s online gaming site;

 

Affiliate Website” means the website or websites owned and operated by the Affiliate and specified on the Registration Form;

 

Agreement” means the agreement between the Company and the Affiliate incorporating these Affiliate Terms, the Registration Form and the Acceptance Email, and any amendments to it from time to time;

 

Company” means Golden Nugget Atlantic City, LLC, a New Jersey limited liability company.

 

Effective Date” means the date the Agreement comes into force as specified in Clause 2;

 

Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the Party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software infections or attacks, power failures, industrial disputes affecting any third Party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

 

Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

 

“Leads” the tracked persons using the GoldenNuggetCasino.Com Website as a result of promotion by the Affiliate;

 

Link” means a hyperlink (whether embedded in text or an image or otherwise) from the Affiliate Website to the GoldenNuggetCasino.Com Website in the form, of the design, and in a position on the Affiliate Website specified on the GoldenNuggetCasino.Com Website

 

“Net Gaming Revenue” shall be defined as the total amount wagered by the Leads less total amount won in the period after the deduction of all taxes, bonuses and duties (or its equivalent or replacement, at the then prevailing rate), and other disbursements, to include:

 

(a) software hosting and provisioning costs

 

(b) bank or financial intermediary handling charges (including for use of “electronic wallets” and charge backs and refunds).

 

(c) losses due to fraud and bad debts of end users

 

(d) all direct costs of providing the service to users (including charges of age, ID and geographic location verification costs).

 

(e) brand licensing (in relation to game content).

 

Parties” means the Affiliate and the Company. The Affiliate and the Company may be referred to individually as a “Party” or collectively as the “Parties”.

 

Payments” means payments of (a) a bounty payment for every new registration that is approved by Company, makes a minimum deposit and places at least one wager or, (b) subject to any necessary regulatory approvals and compliance with all regulatory requirements, based on your prior written election and Company’s prior written agreement in its sole discretion, (i) a percentage of Net Gaming Revenue, or (ii) a “hybrid” form combining the bounty payments described in (a) above and a percentage of Net Gaming Revenue described in (b)(i) above. The method of Payment will be confirmed in the acceptance email which will be sent by the Company to the Affiliate in respect of each Payment Trigger during the Term (subject to the provisions of the Agreement);

 

Payment Trigger” means wagering on the GoldenNuggetCasino.Com Website made by a user who first visited the GoldenNuggetCasino.Com Website by means of a Link and who made such wager within 30 days of the date of that first visit;

 

Prohibited Materials” means content, works or other materials that the Company determines constitute:

 

(a)    indecent, obscene, pornographic or lewd material;

(b)    material that breaches any applicable laws, regulations or legally binding codes;

(c)     material that infringes any third party intellectual property rights or other rights;

(d)    material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user;

(e)    computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software; and/or

(f)      spam or bulk unsolicited email.

(g)     material that copies or resembles the GoldenNuggetCasino.Com Website in whole or in part

(h)    materials that disparages or otherwise damages the image, reputation or goodwill of the Company in any way

Registration Form” means the HTML form on the Golden Nugget Affiliates Website enabling users to apply to become Affiliates;

 

Term” means the term of the Agreement; and

 

GoldenNuggetCasino.Com Website” means the website accessible via the URL www.GoldenNuggetCasino.com and https://nj-casino.goldennuggetcasino.com

 

1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to:

 

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

 

(b) any subordinate legislation made under that statute or statutory provision.

 

1.3 The Clause headings do not affect the interpretation of the Agreement.

 

2. The Agreement

2.1 In order to apply to become an Affiliate, the applicant must complete and submit the Registration Form and accept these terms and conditions during the registration process.

 

2.2 If the applicant makes any input errors during the order process, these may be identified and corrected by the applicant before the Registration Form is submitted.

 

2.3 The Agreement will come into force if and when the Company sends to the Affiliate the Acceptance Email, following the submission of a completed Registration Form by the Affiliate.  Notwithstanding the foregoing, any acceptance shall be further subject to Affiliate obtaining any and all permits, licenses, or approvals which may be required by law, applicable gaming authorities or as may be otherwise requested by GoldenNuggetCasino.Com in its sole and absolute discretion.  Affiliate will not be entitled to receive any payments, and no activities may be taken by Affiliate on GoldenNuggetCasino.Com’s behalf, until Affiliate has obtained all permits, licenses or approvals required under applicable law or gaming authorities.

 

2.4 The Agreement will continue in force indefinitely, unless and until terminated in accordance with Clause 11.

 

3. Affiliate Program

3.1 The Affiliate will within 7 days following the Effective Date include one or more Links on the Affiliate Website, and will maintain those Links on the Affiliate Website during the Term.  The appearance and presentation of any links is subject to Company’s approval in its sole discretion.

 

3.2 The Company may from time to time during the Term request amendments to the Links and/or the Affiliate Website for the purpose of ensuring consistency and quality in the use of the Company's trade marks and branding, and the Affiliate will make such amendments within 7 days of the request.

 

 4. Affiliate obligations

4.1 The Affiliate will provide the Company with:

 

(a) such cooperation as is required by the Company in connection with the Affiliate Program; and

 

(b) all information and documents required by the Company in connection with the Affiliate Program.

 

4.2 The Affiliate must:

(a) keep the Affiliate Website up-to-date, reflecting the most recent games, promotions and other offers available on the GoldenNuggetCasino.Com Websites, consistent with Company’s then-current image and in good working order;

 

(b) ensure that the quality of design, content and functionality on the Affiliate Website does not materially deteriorate during the Term;

 

(c) ensure all marketing of or relating to the Affiliate Website (both online and offline) is in accordance with applicable law, any applicable codes of practice, and good industry practice generally.

 

(d) at any time upon Company’s request, disclose all of Affiliate’s promotional methods (including but not limited to sites, social media, PPC, etc.) both at time of registration and in the future as additional methods may be employed by Affiliates. Company reserves the right to disapprove of any method of promotional activities.

 

4.3 The Affiliate must not:

 

(a) include any Prohibited Materials on the Affiliate Website, include any hyperlink to any Prohibited Materials on the Affiliate Website, or otherwise promote the GoldenNuggetCasino.Com Website on any website or in other media where such website or other media contain Prohibited Materials or references thereto;

 

(b) market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasiteware, adware or similar software, or using any other antisocial or deceptive methods;

 

(c) increase or seek to increase the number of Payment Trigger events using any fraudulent or deceptive method;

 

(d) make any public disclosure relating to the Agreement (including press releases, public announcements and marketing materials) without the prior written consent of the Company;

 

(e) include any hyperlink to the GoldenNuggetCasino.Com Website from the Affiliate Website that is not a Link;

 

(f) market the Golden Nugget Website or use Company’s marks in any way whatsoever, (i) on any website on which Company promotes any of the Golden Nugget Websites; (ii) by using pay per click and/or search engine optimization marketing techniques in order to target or keywords associated with the Company or its marks or other keywords which are confusingly similar to the GoldenNuggetCasino.Com Website or the Company’s marks; (iii) in any other manner that results in Affiliates competing with Company in relation to the promotion of any of the GoldenNuggetCasino.Com Websites; or (iv) otherwise where Company requests that Affiliate cease the same, unless such activities are approved in writing by Company.

 

(g) include any reference to the Company or the GoldenNuggetCasino.Com Website on the Affiliate Website which may be deemed as derogatory, negative or hold the Company in a negative light;

 

(h) Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Company by any other person;

 

(i) In any way alter, redirect or in any way interfere with the operation or accessibility of the Websites or any page thereof;

 

(j) Register as a Player on behalf of any third party, or authorize or assist any other person to register as a Player;

 

(k) Offer any so-called rake-back or money-back schemes or similar that offer or allow a proportion of the player's rake or losses to be returned to the player in any form;

 

(l) Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site or service on which any functions or transactions are occurring;

 

(m) Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in our Affiliate Program;

 

(n) Violate the terms of use and any applicable policies of any search engines, websites, forums, discussion board and social networks

 

(o) Attempt to communicate to Players whether directly or indirectly on our Websites to solicit them to move to any online site not owned by us or for other purposes including but not limited to via email, chat boards, or spamming our tables

 

4.4 The Affiliate will not take any action in connection with the Affiliate Program which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of the Company and/or the GoldenNuggetCasino.Com Website and/or its Affiliate Program.

 

4.5 Affiliate must not modify, impair, disable or otherwise interfere with any tracking codes and/or other technology required by Income Access in order to ensure proper tracking.  Unless otherwise approved by Company in writing, Affiliates must serve banner ads through the affiliate program.

 

4.6 Affiliates must not “spam” and/or use unsolicited email.  If the Company reasonably believes that an Affiliate is knowingly sending spam and/or unsolicited email, the Company, may, in its sole discretion, immediately terminate such Affiliate’s participation in the Affiliate Program.

 

4.7 Each Affiliate is responsible for the quality and origin of the traffic that it provides to the Company’s Website and the Affiliate will always remain responsible for the quality and origin of that traffic.  If an Affiliate knowingly sends traffic of a questionable quality and/or origin to the Company, the Company may, in its sole discretion, immediately terminate such Affiliate’s Participation in the Affiliate Program.

 

4.8 If an Affiliate accidentally or unknowingly directs traffic of a questionable quality and/or origin to the Company’s Website, the Company may issue a written warning to Affiliate, notifying the Affiliate of the questionable traffic.  If the Affiliate continues to direct traffic of a questionable quality and/or origin to the Company’s Website, the Company may, in its sole discretion, immediately terminate such Affiliate’s participation in the Affiliate Program.

 

4.9 Affiliates are not permitted to copy any other affiliate’s website.  The Company reserves the right to suspend and/or terminate an Affiliate’s participation in the Affiliate Program if they are found to have copied another affiliate’s website.

 

4.10 Affiliate acknowledges and agrees that tracking links are for Affiliate’s sole use and Affiliate shall not assign or sub-license (as appropriate) tracking links or any fees to any third party without the prior written consent of the Company in its sole discretion.

 

4.10 Affiliates will comply with all applicable legislation and/or regulations relating to privacy and the use of cookies and will use all necessary notification procedures regarding the use of cookies to all Visitors.

 

4.11 Failure to comply with any of the obligations or restrictions contained in this Article 4 shall be deemed a material breach of this Agreement which is incapable of remedy and we reserve the right to suspend and/or terminate any of Affiliate’s tracking codes and/or to terminate this Agreement in its entirety, immediately without notice and without any further liability to Affiliate.

 

 5. Intellectual Property Rights

 

5.1 The Company grants to the Affiliate during Term a worldwide, non-exclusive, royalty-free license to reproduce electronically and publish on the Affiliate Website only the Links and such other marks of the Company as may be approved from time to time in Company’s sole discretion for the sole purpose of referring players to the GoldenNuggetCasino.Com Websites.

 

5.2 In performing under this Agreement, Affiliate shall only use such marks and other materials as are approved and authorized by Company in its sole direction (collectively the “Materials”). Affiliate shall not modify such items in any way. Affiliate shall only use the Materials in accordance with the terms of this Agreement, any guidelines Company provides to Affiliate from time to time, and any applicable laws.  Affiliate agrees that all use by Affiliate as contained in the Materials inures to Company’s sole benefit and that Affiliate will not obtain any rights in the Materials or other intellectual property relating to the Company as a result of such use.

 

5.3 Affiliate acknowledges that Company, its affiliates and/or its licensees, own all intellectual property rights, whether arising under statute or common law, and whether registered or not, relating to any trade mark, domain name, trade names, any content provided, created, or derived therefrom in connection with this Agreement or which may be provided to Affiliate by Company from time to time (collectively “Materials”). Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of the Materials without Company’s prior written permission (in its sole discretion) shall be unauthorized. By way of example, but without limitation, YOU MAY NOT REGISTER A DOMAIN NAME THAT INCLUDES OUR MARKS OR MARKS CONFUSINGLY SIMILAR TO OUR MARKS OR ANY MISSPELLED VARIATION OF OUR MARKS. You shall not register or attempt to register Materials, or any trademarks or names that contain, are confusingly similar to or are comprised of the Materials. You hereby agree to immediately transfer any domain names or trademark applications or registrations you may acquire, hold or control for Material or marks confusingly similar to Materials. You further agree not to attack or challenge our ownership of and title to Company’s marks in any way. The Company does not warrant that the use of the Links by the Affiliate will not infringe any third party Intellectual Property Rights or give rise to any other liability on the Affiliate.

 

 6. Payments

6.1 Unless otherwise approved, the default method of Payment shall be based on the bounty form described in subsection (a) of the definition of “Payment” above and shall be at the standard public commission rate published by Company at the time such Payment accrues.  Any other Payment scheme entered into between the Parties must be embodied in a separate written commission agreement executed by the Parties.

 

6.2 In respect of each Payment Trigger which can be verified by the Company, the Company will make a Payment to the Affiliate.  The Company will account to the Affiliate for all Payments due in respect of a calendar month within 30 days of the end of the following calendar month, unless the amount due is lower than the minimum threshold for the chosen payment method, in which case the Payments may be held over to the next payment date.

 

6.3 If the Company is required by law to deduct withholding tax or any other taxes or duties from any Payments, then the Company will deduct such amounts from the Payments before paying them to the Affiliate.

 

6.4 Payments to the Affiliate will be calculated in USD and made by such method as may be offered by Company from time to time.  Although you may be offered the right to elect a preferred payment method by using such payment details as are provided on the Registration Form, the Company reserves the right to pay by alternative methods as Company may determine from time to time.

 

6.5 No Payments will be due in respect of:

(a) any wagers on the GoldenNuggetCasino.Com Website made by or on behalf of:

 

(i) the Affiliate;

(ii) any parent undertaking or subsidiary of the Affiliate;

(iii) any employee, agent or officer of the Affiliate or any parent undertaking or subsidiary of the Affiliate;

(iv) by any natural person related any of the above;

 

(b) any amount received by the Company by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means;

 

(c) any purchases on the GoldenNuggetCasino.Com Website which are subsequently cancelled, refunded, reversed, or charged-back (and the Company will be entitled to require repayment of Payments made as a result of such purchases).

 

6.6 Both before and after termination, the Company will be entitled to set off any amount owed to the Affiliate against any amount the Affiliate owes to the Company whether under the Agreement or otherwise, and against any loss or damage suffered by the Company whether in relation to the Agreement or otherwise arising out of the Affiliate's acts or omissions.

 

7. Warranties

7.1 Each Party warrants to the other Party:

(a) that it has the legal right and authority to enter into and perform its obligations under the Agreement; and

(b) that it will perform its obligations under the Agreement with reasonable care and skill.

 

7.2 All of the Parties' liabilities and obligations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.

 

 8. Indemnity

The Affiliate will indemnify and keep indemnified the Company, and the Company's officers, employees, representatives, agents and subcontractors, against all damages, losses and expenses (including legal expenses) arising as a result of (i) any breach by the Affiliate of any term of the Agreement, (ii) any claims related to the form or content of Affiliate’s website or other marketing materials or communications, (iii) violation of any applicable laws or regulations, or (iv) Affiliate’s negligence or willful misconduct.

 

9. Liability

9.1 Nothing in the Agreement will exclude or limit the liability of either Party for:

 

(a) death or personal injury caused by that Party's negligence;

 

(b) fraud or fraudulent misrepresentation on the part of that Party; or

 

(c) any other liability which may not be excluded or limited under applicable law.

 

9.2 Subject to Clause 9.1, the Company's liability to the Affiliate under or in connection with the Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited as follows:

 

(a) the Company will not be liable for any: (i) loss of profits, income or anticipated savings,(ii) loss or corruption of any data, database or software,(iii) reputational damage or damage to goodwill;(iv) loss of any commercial opportunity, or (v) indirect, special or consequential loss or damage;

 

(b) the Company will not be liable for any losses arising out of a Force Majeure Event;

 

(c) the Company's liability in any calendar year will in no circumstances exceed the total amount paid (or, if greater, payable) by the Affiliate to the Company under the Agreement during that calendar year; and

 

(d) the Company's aggregate liability will in no circumstances exceed the total amount paid (or, if greater, payable) by the Affiliate to the Company under the Agreement.

 

10. Force Majeure Events

10.1 Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement, those obligations will be suspended for the duration of the Force Majeure event.

 

10.2 A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will promptly notify the other.

 

10.3 The affected Party will take reasonable steps to mitigate the effects of the Force Majeure event.

 

11. Termination

11.1 Either Party may terminate the Agreement immediately at any time by giving written notice to the other Party.

 

11.2 The Company may terminate the Agreement immediately (with or without giving written notice to the Affiliate) if the Affiliate:

 

(a) commits any breach of any term of the Agreement;

 

(b) becomes insolvent or enters into any insolvency process or procedure; or

 

(c) (where the Affiliate is an individual) the Affiliate dies, or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition or order.

 

11.3 If an Affiliate account is deemed to be inactive, GoldenNuggetCasino.Com may elect to terminate this Agreement and any payment obligations on prior referrals hereunder. In this Section, "inactive" means that the Affiliate has (a) failed to refer a minimum of 2 new depositing players per month for a consecutive period of 3 months.

 

12. Effects of termination

12.1 Upon termination all the provisions of the Agreement will cease to have effect, save that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 8, 9, 12 and 13.

 

12.2 If the Agreement is terminated by the Company under Clause 11.2, the Company will not have any obligation to make any further Payments to the Affiliate.

 

12.3 Subject to Clause 12.2:

 

(a) the Company will pay to the Affiliate all Payments arising from Payment Triggers activated on or before the date of effective termination of the Agreement in accordance with the terms of the Agreement; and

 

(b) termination of the Agreement will not affect either Party’s accrued rights as at the date of termination.

 

12.4 Provided that we have paid or do pay to you such sums as are properly due and owing at the date of termination which shall be subject to any rights we have to make deductions whether under this Agreement or otherwise, we shall have no further liability to pay you any further sums.

 

13. General

 

13.1 Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally, sent by pre-paid first class post, or sent by  email, for the attention of the relevant person, and to the relevant address or email address specified on the Registration Form (in the case of the Affiliate) or the Golden Nugget Affiliates Website (in the case of the Company) (or as notified by one Party to the other in accordance with this Clause).

 

13.2 A notice will be deemed to have been received at the relevant time set out below:

 

(a) where the notice is delivered personally, at the time of delivery;

 

(b) where the notice sent by first class post, 48 hours after posting; and

 

(c) where the notice sent by email, at the time of the transmission (providing the sending Party retains written evidence of the transmission).

 

13.3 No breach of any provision of the Agreement will be waived except with the express written consent of the Party not in breach.

 

13.4 If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the Parties, in which case the entirety of the relevant Clause will be deemed to be deleted).

 

13.5 Nothing in the Agreement will constitute a partnership, agency relationship or contract of employment between the Parties. The Affiliate will not make any statement on the Affiliate Website or otherwise which expressly or impliedly suggest that there is any such relationship between the Parties.

 

13.6 The Agreement may be varied by the Company by posting a new version of the Agreement on the Golden Nugget Affiliates Website. Company may use reasonable efforts to provide Affiliate of notice of such revisions, however, the responsibility of confirming any changes to the Agreement shall be solely that of the Affiliate.  The Affiliate's continued participation in the Affiliate Program after any revisions have been made and posted to the Golden Nugget Affiliates Website will constitute the Affiliate's acceptance of the varied Agreement.

 

13.7 The Company may freely assign its rights and obligations under the Agreement without the Affiliate’s consent, and following such assignment the Company shall have no further liability arising under this Agreement after the date of such assignment, it being agreed that Affiliate shall look solely to assignee for any liability accruing after such date.  Affiliate shall not assign or sublicense this Agreement or subcontract any rights or obligations relating to this Agreement under any circumstances.

 

13.8 The Agreement is made for the benefit of the Parties, and is not intended to benefit any third Party or be enforceable by any third Party. The rights of the Parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third Party.

 

13.9 The Agreement constitutes the entire agreement and understanding of the Parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the Parties relating to the subject matter of the Agreement. Subject to Clause 9.1, each Party acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the other Party.

 

13.10 This Agreement (including any variation or modification thereto) shall be governed by and construed in accordance with the laws of New Jersey without giving effect to conflicts of law principles. You irrevocably agree that, subject as provided below, the courts of New Jersey shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this Agreement or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum. Nothing in this Section shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

 

13.11 Each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.

 

13.12 Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or statute.

 

13.13 If there is a breach of any provision of this Agreement, it shall not be considered as a waiver of any subsequent breach of the same or any other provision.

 

13.14 Affiliates may receive information from Company concerning Company’s business, including without limitation, Company’s revenues, business operations and strategy, marketing plans, marketing concepts, structure and payments. This information is and shall remain confidential to Company and constitutes Company’s proprietary trade secrets. Affiliate shall not disclose this information to third parties or use such information other than for the purposes of this Agreement without Company prior written consent, in its sole and absolute discretion, save as expressly required by law (provided that any such disclosure is only to the extent so required).

 

13.15 Affiliate may not issue any press release or other communication to the public with respect to this Agreement, or Affiliate’s participation in this Affiliate Program without Company’s prior written consent. Affiliate will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

 

 

Last Update: Dec 08, 2014