Terms and Conditions

Admiral Partners [Romania] | Terms & Conditions (T&C) as at: 1st May 2020

Please read this document carefully before accepting these terms – ideally print and store along with all confirmation emails reflecting commission deals and other aspects of interests.

General enquiries should be sent to the email stipulated in section 2.

Operator Brand Company details

Address: Admiral Online S.R.L | Calea Bucurestilor nr. 275-277, etaj. 2, camera 2, Ilfov County, Otopeni City, Romania

Brand: Admiral.ro

URL: www.admiral.ro

URL: www.admiralpartners.ro

Email: partner@admiral.ro

Target countries: Romania

General

The partner’s contractual relationship is between the registered and approved partner and the partner program. The details of the partner program company are listed in section 1. The partner program company provides the marketing and tracking services on behalf of the operator brand(s) listed in section 2 along with their details and other specifications. The current Terms and Conditions has been written in English and will only be served in English. Both Romanian and English versions will be the languages of the “Affiliation Agreement”, signed apart from these Terms and Conditions, and no other language can be considered for interpretation of this agreement on any part or in full by the partner.

Admiral Partners is the partner program on behalf of the brand Admiral.ro having a registered office and its URL stipulated in section 2 (hereinafter to be referred to as “Operator”) and shall be governed by these terms and conditions (T&C) that is entered between Admiral Partners and the partner. This means that when the registration form is completed the terms are considered to have been read, understood, acknowledged, and most of all accepted and bound by the partner. The T&C may be modified or be supplemented from time to time as Admiral Partners deems fit and/or in line with regulatory developments. The modifications shall be communicated to the registered partner via e-mail or within the Admiral Partners website or the software utilized in the partner program. The purpose of the T&C is to regulate the partner’s relationship with Admiral Partners and that of the Operator’s services towards the partner.

Under no circumstances can the partner amend and/or supplement these T&C without written consent of a duly authorized representative of Admiral Partners.

On completion of the registration form for the partner program, the partner will have set a user name and password based on the submission of this information during the registration process. The partner shall at all times remain responsible to keep all its data confidential and up-to-date. The partner shall not provide this information to any third party as any activity under the partner’s user settings is automatically attributed to the partner. Further details and information will be requested and required from the partner after registration in order to have successful out-payment for commission that may be generated.

Definitions

In these T&C, references to the following words shall have the meaning set out below, unless explicitly stated otherwise:

“Partner” provides a website (“partner website”) where the Operator’s marketing material is placed and directly linked to one of the Operator’s website(s).

The partner it is an individual or legal entity who makes an income, on the basis of an agreement concluded with a remote gambling organizer, from the participation in the game of players directed to the Organizer’s platform. The partner shall have a class II license issued by ONJN.

“Partner Program” is a marketing program where Admiral Partners recruits partners to place the Operator’s marketing material and/or campaign links on their own partner website(s). Partners will receive a referral fee or commission in the form of revenue as may be agreed between Admiral Partners and the partner.
“Partner software” means the log-in access portal located on the URL stipulated in section 1. which can be possibly replaced from time to time (and such other web addresses that are owned, operated or controlled by or on behalf of the Operator from time to time and that make available such website) and each of its related pages.
“Partner Website” is the website operated and owned by the partner.
“Commission” is the amount due and payable to the partner, as calculated solely on the basis of Partner software system’s data and in accordance with these T&C and the applicable Payment Plans that are associated with the respective partner.
“Payment Plan” means the payment plan/s chosen by the partner for each of the partner’s campaign tracking links.
“Cost per Acquisition” (CPA) means the Payment Plan, where the partner gets paid a referral fee for the completion of the action set by the partner program.
“Revenue Share“(RS or Rev Share) is a stipulated percentage of the revenue generated by Real Money Players which is paid by the company details in section 1. to the partners which choose the Revenue Share Payment Plan (within section 9.3).
“Fraud” means fraudulent behavior as described in section 7.
“Intellectual Property Rights” (IP) means rights to all existing and future intellectual property, owned from time to time by the Operator or any of its third parties (as described in Section 10.).
“Marketing Material” means banners, text links and other marketing materials that have been provided or otherwise made available to the partner via the partner program and/or pre-approved in writing by Admiral Partners.
“Minimum Required Deposit” means the minimum amount to be paid by a player required for the partner’s commission, which will be available to the partner after due registration with the Partner software and is to be treated as strictly confidential. Admiral Partners reserves the right to alter the said amount at any time by placing a notice to this effect on the Partner software and/or email notification.
“Commission Base” means the revenue generated via one player less administration fees (such as bonus money and handling fees), taxes due on the offering of games, license costs, fees to be paid to third parties’ software and services providers, marketing costs, transaction processing fees, user verification fees and charge backs and is the basis for the Revenue Share.
“Operator” means the gaming brands that Admiral Partner provides a service to. For details of the Operator’s company address, please refer to section 2. For the licence it owns please refer to the provided URL in Section 2.
“Operator’s Website” means the websites (as seen in section 2.) and any other online site or platforms that are offered by the Operator under its online gaming licence number and each of its related pages through which a player opens a player account and/or accesses the related Operator’s services.
“Player(s)” means any person using any products or services on any of the listed Operator’s website(s) whether attached to the partner’s tracking link(s) or not.
“Player Account” means a uniquely assigned account that is created for a player when it successfully registers for the services via a tracking link URL.
“Referred Player(s)” means any person who is attached to the partner’s tracking link and who:

(i) has not been a player with the Operator before;

(ii) is not located in a restricted territory of that specific Operator list who the player attempts to participates with;

(iii) who has made the minimum required deposit;

(iv) is accepted as a player under any applicable sign up or identity verification procedure which the Operator may require;

(v) has accumulated the required criteria notified to the partner after duly registration with Admiral Partners program; and

(vi) has adequately fulfilled any other qualification criteria that Admiral Partners may introduce from time to time. Notwithstanding any other provisions contained elsewhere in this agreement, Admiral Partners reserves the right to alter the above-mentioned qualifying criteria at any time by virtue of placing notice on the software and/or email notification.

“Services” means any product or service offered to players by the selected Operator’s website(s).
“Tracking Link(s)” means a unique identifier through the use of a URL that Admiral Partners provides exclusively to the partner, through which Admiral Partners tracks referred players´ activities and calculates commission. Every Tracker is uniquely identified by its Tracking ID.
“Tracking URL” means a unique hyperlink or other linking tool for referencing the Operator’s website(s) or services through which the partner refers potential real money players. When the relevant player opens their player account, the Operator’s website(s) automatically logs the tracker URL and records the partner.
“Tracking ID” is a unique identification number which identifies the partner’s tracking links and their performance.

5. Responsibility of Admiral Partners
1. Every modified and/or supplemented T&C will be communicated via e-mail or within the Admiral Partners website or the software utilized in the partner program to the registered partners. Such modifications shall only take effect up to two (2) business days after the date of posting or sending (whichever is earlier) of such notice unless stipulated by the partner program that immediate effect is required.

2. Admiral Partners makes no warranties or representations (whether expressed or implied by law, statute or otherwise) with respect to the partner program, sites, website or any content, products or services available therein or related thereto or that the Operator’s website, the Admiral Partners software, system, network, software or hardware (or that provided to Admiral Partners by third parties) will be error-free or uninterrupted or with respect to the quality, merchantability, fitness for particular purpose or suitability of all or any of the foregoing. Except as expressly stated otherwise in this agreement, all warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law. Furthermore, neither Admiral Partners (nor Admiral Partners’ providers or underlying vendors) are required to maintain redundant system(s), network, software or hardware.

3. Admiral Partners shall provide the partner with a selection of advertising instruments e.g. logos, banners, graphics and other sales enhancing tools (hereinafter referred to as “marketing material”). Upon implementation of any marketing material on the partner website, the partner offers the users of the partner website the opportunity to directly access the Operator’s website(s). Admiral Partners shall be entitled to modify, limit and/or provide new marketing material at any time.

4. Admiral Partners shall bear any cost/s arising in connection with the graphical representation of the link.

Admiral Partners shall administer the referred players generated via the links, and the total amount of the commission earned via the link, provide the partner with performance statistics online, and handle all customer services related to the business.
Admiral Partners reserves the right to alter the commission deal at any time by placing notice to the partner via email notification to the email associated with the partner details. It’s the responsibility of Admiral Partners to notify its partner’s commission deal change up to two (2) business days unless specifically mentioned by the Admiral partner program representative.

Responsibility of the Partner
1. The partner acknowledges and agrees the regulations 10(1) and 10(2) (information to be provided by electronic means) and 11(1) (placing of the order) of the Electronic Commerce Directive 00/31/EC shall not apply to or have any effect on this agreement.
2. It is the partner’s responsibility to visit the partner software frequently to view the T&Cs and/or have the correct email listed to receive notifications of such changes in the T&C.
3. The partner shall only target and acquire players from the approved list of country or countries stipulated in section 2. of this agreement. Admiral Partners reserves the rights to close, block or suspend the partner’s account and any commission associated with it, should the partner attempt to target or acquire players outside the target country stipulated in section 2.
4. The partner’s continued participation and/or activity in the partner program following the stipulated three (3) business day period notice will be deemed binding acceptance of the modified T&C.

5. The partner shall not register or attempt to register domain names which are similar or confusingly similar to the trademarks or sites, or any other associated brands and companies (including for avoidance of doubt any misspellings or phonetics). In the case that the partner does register any domain as described above, the transfer of any such domain name will be demanded by Admiral Partners, with immediate effect, to Admiral Partners or to a third party elected by Admiral Partners.

The partner may not place, purchase or register keywords (including meta-tag keywords), search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, are similar or otherwise resemble any trademarks owned by Admiral Partners and not limited to the Operator or its third parties.
The partner will only use advertising creative(s) (banners, mailers, images, logos, micro games, page peels, content and other formats) approved by Admiral Partners and will not alter their appearance nor refer to Admiral Partners and the Operator in any promotional materials other than those that are available within the partner program software.
The partner shall guarantee that the material shown on the partner website does not infringe any rights of third parties (including copyright, patents and trademark rights, the general right of personality or any other rights – in the following “IP”).
The partner shall not copy or resemble Admiral Partners or its Operator’s website in whole or in part, and frame any page of the Operator’s Website in whole or in part. The partner shall not register or attempt to register any logo, trademark, trade name, insignia, design, domain name or similar identifying material and shall not create any websites, groups, profiles (especially but not limited to www.facebook.com) that contain the IP or are confusingly similar to or are comprised of any of the IP belonging to Admiral Partners and not limited to the Operator or third party.
The partner shall be solely responsible to ensure that the set link is in compliance with all applicable laws of all relevant jurisdictions that might be concerned and the partner shall further indemnify and hold Admiral Partners harmless against any and all claims, demands, liabilities, losses, damages, costs and/or expenses resulting or arising (directly or indirectly) from any such breach of the applicable law.
The partner acknowledges that any artwork or other marketing material used outside Admiral Partners’ Operators partner software shall need a written confirmation via email supplied by an Admiral Partner representative approving said artwork.
The partner represents and warrants that the information provided to Admiral Partners in the online application form is true and complete in all respects. The partner shall promptly update such information if all or any part of it changes.
The partner confirms that it operates the partner website under its own name and that it is fully and without any restrictions authorized to dispose thereof.
The partner shall assume all costs incurred for the implementation of the link. In addition, the partner undertakes to bear the costs related to the access to the partner website and display and/or delivery of the advertisement.
The partner shall be responsible for the proper technical incorporation of the link and for the technical operation of the partner website.
The partner shall be responsible for the development, operation, and maintenance of the partner website as well as for all material appearing on the partner website.
The partner acknowledges and agrees that tracking links are for the partner’s sole use and the partner shall not assign or sub-license (as appropriate) the tracking ID or any commissions to any third party without Admiral Partners’ prior written consent.
The partner warrants that the partner has independently evaluated the desirability of marketing the Operator’s website(s) or services of that of Admiral Partners provide a service to.
The partner has independently evaluated all relevant laws and regulations that apply to its activities and has confirmed to its complete satisfaction that it may participate in Admiral Partners program without violating any applicable rules or laws.
If the partner is an officer, director, employee, consultant or agent of Admiral Partners or one of its subsidiary parent or associated companies, or suppliers, vendors or Operators, it is not permitted to participate in the partner program or to use directly or indirectly any of the Operator’s website(s), other than in the course of his/its employment as employee. Similarly, ´relatives´ of Operator employees are not permitted to participate in the partner program or to use directly or indirectly any of the Operator’s website(s), unless the partner has Admiral Partners’ or the Operator’s (being utilized by the player) prior written consent. For these purposes, the term “relative” shall include (but not be limited to) a spouse, partner, parent, child and/or sibling.
The partner represents and that is entering into this agreement for purposes relating to his business and cannot deem to be a “consumer” for the purposes of applicable consumer protection laws.
The partner shall not market the Operator’s website(s) and/or the Operator or Operator’s services or trademarks in any way whatsoever, (unless such activities are approved in writing by Admiral Partners)

(i) on any website on which the Operator promotes any of the Operator’s website(s);

(ii) on or through any internet search engine on or through which the Operator promotes any of the Operator’s website(s); and

(iii) in any other manner that results in the partner competing with the Operator in relation to the promotion of any of the Operator’s website(s) or

(iv) where Admiral Partners requests that the partner cease the same.

The partner shall make sure that the partner website does not promote sexually explicit materials, is not targeted towards children or minors, does not promote violence, does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, does not promote illegal activities, is not targeted towards citizens from restricted territories, or does not violate intellectual property rights including Operator’s Intellectual Property Rights.
The partner shall not directly or indirectly, authorize, assist or encourage any third party/parties to:
i. Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the marketing of the Operator, the Operator’s Website(s) and/or the partner software which marketing is targeted at any person(s) who are less than 18 years of age, regardless of the age of majority in the location where the partner’s marketing is taking place; place marketing materials on any online site or other medium, including the partner website, where the content and/or material on such website, the links to such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, in Admiral Partners’ sole discretion otherwise unsuitable or undesirable or potentially causing material disrepute
ii. Use marketing materials in a manner that may potentially confuse or mislead a player or potential player

iii. Place marketing materials on any online site or other medium, including the partner website, where the content and/or material on such online site, and where the links to such website or medium

a.                   infringes any third party’s Intellectual Property Rights

b.                   copies or resembles Admiral Partners or the Operator’s website(s) in whole or in part

c.                   disparages Admiral Partners or the Operator, or otherwise damages the goodwill or reputation in any way

d.                   frames any page of the Admiral Partners and/or the Operator’s website(s), player registration forms in whole or in part

iv.            Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Admiral Partners by any other person;

v.            In any way alter, redirect any/or interfere with the operation or accessibility of the Operator’s website(s) or any page thereof;

vi.            Register as a player on behalf of any third party, or authorize or assist (save by promoting the Operator’s website(s) and services in accordance with this agreement) any other person to register as a player;

vii.            Take any action that could reasonably cause any player confusion as to Admiral Partners’ relationship with the partner and/or any third party/ies, or as to the ownership or operation of the Operator’s website(s) or service on which any functions or transactions are occurring. Any further disclosure of and/or reference to the Operator requires Admiral Partners’ prior written consent;

viii.            Post, serve or publish any advertisements, communications and/or promotional content promoting the Operator’s website(s), the Operator’s services, Intellectual Property Rights or Marks around or in conjunction with the display of the Operator’s website(s) and/or any part or page thereof (for example and without limitation through any “framing” technique or technology or pop-up windows or pop-under windows or interstitials);

ix.            Cause any of the Operator’s website(s) (or any parts or pages thereof) to open in a visitor’s browser or anywhere else used for accessing the services other than as a result of the visitor clicking on banners or text links contained in or as part of marketing materials;

x.            Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in the partner program;

xi.            Use any means to promote any of the Operator’s website(s) that resemble in any way the look and/or feel of any of the Operator’s website(s) whether in whole or in part, nor utilize any such means or site to create the impression that such sites are the Operator’s website(s) (or any part of the Operator’s website(s));

xii.            Violate the terms of use and/or any applicable policies of any search engines or the customer feedback facilities of e-tailers;

xiii.            Attempt to communicate with any player/s whether directly or indirectly on the Operator’s website(s) to solicit them to move to any online site not owned by the Operator or for any other purposes by any means whatsoever including, but not limited to, via email, chat, etc. without Admiral Partners’ prior approval.

xiv.            If Admiral Partners determines, in its sole discretion, that the partner has engaged or has attempted to engage in any of the foregoing activities, the partner will be obliged to pay a penalty equal to any commission accrued by the latter save for the higher damages suffered by the Operator that can also terminate this agreement immediately upon notice to that effect.

7. Fraud

1. Admiral Partners shall be entitled to terminate the agreement with immediate effect and apply against the partner a penalty equal to the total commission due in lieu for damages suffered in the event that Admiral Partners can determine that one or more of the following fraudulent activities has taken place or is about to take place

i. Fraudulent activities by the players include, but are not limited to, the following: charge backs, incorrect player data, minor players, chip dumping, anti-money laundering;

ii. Fraudulent activities by the partner including, but are not limited to, the following: if the partner and the player have the same IP address, as well as if the player and the partner are relatives in the direct line; if Admiral Partners has any doubt as to the true identity of the partner; and if the partner is not able to provide Admiral Partners with appropriate identification to effectively verify his identity.

iii. Fraud Traffic activities. Meaning especially but not limited to:

a. any simulated new player, any self-referring ,

b. any simulated introduction of a player via the partner’s Tracker ID,

c. any double introduction of an individual player already introduced,

d. any introduction in pretense,

e. any acquisition of players and/or data through illegal means or similar action,

f. any direct initiative to incentivize users to specifically do a set of actions that would trigger the partners’ commission. This incentive can be either of exchange of service or money being offered,

g. players generated via the use of illegal measures and disrupting marketing methods, spam, creation of false accounts and unauthorized use of any third-party accounts, collusion, multiple subscriptions from a single e-mail address, sequential names or patterns of names, many subscriptions from a specific website within a short time span,

h. subscriptions from employees or other parties related to the partner,

i. Manipulation of the service or system, any alterations or modification of the marketing material provided and the Intellectual Property Rights.

2. Any dispute as to whether an issue is to be considered fraud traffic or not, shall be resolved and conclusively determined solely by Admiral Partners, regardless of whether damages have actually been incurred by Admiral Partners.

3. In the event that Admiral Partners reasonably deems that fraudulent activity has taken place in relation to the generation of the commissions, Admiral Partners or a member of the fraud team shall notify the partner promptly of the nature of the fraud and of the identity of the perpetrator of the fraud. The partner shall rectify the situation within 48 hours from the notification. If the situation cannot be clarified to the satisfaction Admiral Partners within these 48 hours, Admiral Partners shall be entitled to terminate the agreement with the partner with immediate effect and will seize any outstanding commission payments generated after dissatisfaction notice from the 48 hours given.

Reporting

1. Admiral Partners will provide online reporting to each partner detailing registrations, new referred players, and commission payable from each of the Operators the partner promotes.

2. Admiral Partners will enable partners to access this information online. Should this not be possible at any stage, the Operator will provide reports via e-mail detailing the information mentioned above. It is understood that access to the system is not a precondition for membership to the partner program.

Payment
1. Commission will be calculated twice in a calendar month (on the 1st and on the 15th of the month respectively) in accordance with the partner’s chosen payment plans after the partner has completed the registration process and/or when Admiral Partners has activated additional tracking links.
2. The partner will only be able to select the available payment plan options upon registration. Other payment plans may be available at a later stage but this is at the discretion of the Admiral Partners’ representative. However, discussions can be started from the partner towards the Admiral Partners’ representative for other possible payment plan options that may be available.
3. To clarify the terms used and their meaning, below are the payment option plans a partner can be associated with. Terms and the meanings only describe the characteristic and do not represent the value of commission nor the value require to trigger a commission:
- CPA Payment Plan(also known as a Cost per Acquisition Plan) is based on an amount to be received for each new referred player that the partner introduces via the partner’s Tracker ID. CPA calculation can be triggered at various points of acquisition depending on the set up of CPA commission deal. The setup, depending the criteria can also be specific to the acquisition of players who participate toward a product vertical (i.e. Slots or Sports), however this is outlined in the commission deal and seen within the partner program software.
Or
- Revenue Share Payment Planis based on the commission percentage of the partner deal which is taken from the generated revenue of the partner’s acquired players through his Tracker ID. Prior to this certain deductions from the revenue (such as Converted Bonus Money and Handling Fee) are incurred. The setup, depending the criteria can also be specific to the acquisition of players who participate toward a product vertical (i.e. Slots or Sports), however this is outlined in the commission deal and seen within the partner program software.
Or
- Hybrid Payment Planis based on the characteristic mentioned above of both the CPA payment plan and the Revenue Share payment plan collectively on a referred player. The setup, depending the criteria can also be specific to the acquisition of players who participate toward a product vertical (i.e. Slots or Sports), however this is outlined in the commission deal and seen within the partner program software.
1. The partner is entitled to receive commission calculated according to the applicable payment plans that are allocated to the partner’s tracking links during the term of this agreement or whilst the concerned player is still active on the Operator’s website. To avoid doubt, the partner will not be entitled to receive any commission for revenues generated by any players not generated via the partner’s tracker URL or already registered on the Operator’s website(s) except as set out in the payment plans the partner choose for the Operator’s website(s) that are part of the partner program. Further any payment is not taken into account for the purposes of the commission for players generated via fraud traffic (as defined in section 7.), if so considered in Admiral Partners’ sole discretion.
2. The Operator reserves the right to change a partner’s commission payment plan towards future referrals, and if needed existing user referrals, for any of the following reasons but not limited to:
3. non-performance,
4. inactivity,
iii. suspicious fraudulent activity

Provided that this change is notified to the partner via the provided partner contact email.
1. The partner understands that when it chooses the revenue share payment plan, the revenue per user is the amount that each referred player´s account is debited with as consideration of the referred player´s participation in the games, minus the amount of bonus money that the respective user has converted into winnings in the course of wagering such amounts in games or tournaments on the Operator’s website(s). From such amount deducted is the flat fee percentage as ‘Handling fee’ (in particular charge backs, service costs, transaction costs, taxes due on the offering of games, license costs, fees to be paid to third parties’ software and services providers, marketing costs etc.). The remainder is considered as the commission base and is the basis for the calculation of the revenue share.
2. Revenue share payment plans may include an expiration period. Meaning that a period of time will be stipulated in the revenue share payment plan during which the actions of the referred users will be included in the commission. Any actions of the referred user after the stipulated expiration period will not form part of the Revenue Share payment plan. The stipulated expiration period starts from the date of the user’s registration under the partner’s referred tracker. To avoid any doubt the expiration period, if set, is mentioned in the commission seen in the partner program software.
3. In the event that suspicions are raised as to the use of fraudulent elements in order to raise ones’ commission, Admiral Partners may withhold payment of said commission, and all future commission until it is satisfied that no fraudulent methods were used. Provided that fraudulent methods have in fact been used, then payment of such commission shall not take place and the partner’s agreement shall be terminated immediately.
4. The commission shall be paid to the partner by Admiral Partners and shall – if possible – be credited via the chosen payment method of the partner within fifteen (15) days from the commission calculation date (as set forth in section 9.1). However, Admiral Partners shall not be held liable for any delay due to technical reasons and events which are beyond Admiral Partners’ or the Operator’s reasonable control.
5. The commission can only be paid out, if the credit has reached a minimum amount of two hundred lei (200 lei). If this requirement is not met within two (2) weeks, the commission shall be carried over until a total of two hundred lei (200 lei) has accumulated.
6. In relation to the minimum amount and commission in general; if a partner is awarded a hybrid plan or over the duration of the partner participation, the partner had multiple deals of standalone CPA plans and revenue share plans, the partner’s commission total is based on the totals of the CPA aspect of the payment plan and the revenue share aspects of the payment plan collectively.
7. Negative revenues will be balanced to zero and will not be carried over to the next period of commission calculation (no negative revenue carry over), with the exception of bonus money and other deductions.
8. All taxes due in connection with any payments to the partner shall remain at all times the partner’s sole liability. The partner is responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of the partner’s income from this agreement and for collecting and paying the income tax and social security contributions in respect of the partner’s staff, if the partner has any staff. If Value Added Tax (VAT) or any other sales tax, gaming tax or turnover tax is chargeable, the partner is responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided and the partner acknowledges that the payments that it receives shall be deemed to include all VAT or sales tax or turnover tax.
9. The partner shall comply with all applicable laws and any policy notified by Admiral Partners through the Operator’s website or otherwise in relation to money laundering and/or the proceeds of crime.

Intellectual Property (IP)

1. Intellectual Property Rights means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof, including the words “ADMIRAL” (in any capitalization) and/or any logo, mark, domain name or trade name that contains, is confusingly similar to or is comprised of the Operator’s marks (or parts thereof) or any other name or mark owned from time to time by the Operator or any third party.

2. The partner acknowledges and agrees that all Intellectual Property Rights are exclusively vested, and shall remain vested, in Admiral Partners and its Operator. The partner further understands and agrees that it is prohibited from sub-leasing, reselling, licensing and/or distributing any intellectual property or rights thereon, to any third parties without the prior written consent of Admiral Partners.

Termination

1.       The term of this agreement will begin with the partner’s first registration and continue until terminated in accordance with the terms of this agreement. Termination is at will, for any reason, by either party. For purpose of notification of termination, delivery via email is considered a written and immediate form of notification.

2.       Termination by the partner: The partner may terminate the agreement without cause immediately upon written notice to Admiral Partners which notice shall be duly provided, if the partner sends an email with the subject line “Termination Admiral Partners” to the stipulated email address in section 1. For the avoidance of doubt, termination of the agreement will end the partner’s participation in the partner program as a whole. Immediately upon termination:

i.            The partner must remove the Operator’s marketing material from his websites and disable any links from the partner’s websites or other online activity to the Operator’s website(s).

ii.            All rights and licences given/allowed to the partner in virtue of this agreement shall immediately terminate.

iii.            The partner will return to Admiral Partners any confidential information and all copies of it in the partner’s possession, custody and control and will cease any and all use of any trade names, trademarks, service marks, logos and other designations.

iv. Admiral Partners may leave open, redirect or deactivate any tracker in Admiral Partners’ sole discretion without any obligation to pay the partner for players who subsequently become real money players.

v.            The partner and Admiral Partners will be released from all obligations and liabilities to each other occurring or arising after the date of such termination. Termination will not relieve the partner from any liability arising from any breach of this agreement, which occurred prior to termination.

vi.            The partner will not be entitled to any commission from the date of issued termination.

3.       Termination by Admiral Partners: Admiral Partners reserves the right to terminate this agreement if the partner:

i.            Performs a fraudulent conduct pursuant to the terms set out in section 7.

ii.            Breaches the obligations of Clause 6 and 10 or any other rules of these terms and conditions.

iii.            Moreover, Admiral Partners will be entitled to terminate the agreement at any time without cause through delivery of an email to the email account provided by the partner in the partner’s account in the partner program software.

iv.            In case of termination, the commission shall be calculated until the date of termination unless there has been violation of section 7. The partner will be entitled only to those unpaid referral fees if any earned by the partner on or prior to the date of termination and do not coincide with any violations.

Policies and Confidentiality
1. Admiral Partners hereby grants the partner a non-exclusive, revocable, non-transferable license, during the term of this agreement, to use any IP with regards to the approved marketing materials for the display on the partner’s website and for the sole purpose of the agreement. This license cannot be sub-licensed, assigned, sold or otherwise transferred by the partner without Admiral Partners prior written approval. Admiral Partners has the right to terminate this license at any time by providing written or electronic notification to the partner. The partner guarantees to maintain the email-address stored in the registration with the partner program software and inform Admiral Partners in any event, should this email-address change. A notification sent to the stipulated email address (section 1.) is accepted as sufficient for any communication regarding this contract.
2. The partner shall not contest the ownership of the IP, and shall not take any action that may invalidate or weaken the validity of the IP or diminish the IP associated goodwill.
3. The partner shall cease to use all IP upon being notified to do so by Admiral Partners (either by electronic or written notification) or any other termination of this agreement.
4. The Operator of the Operator’s website(s) (which is not the same as the Operator of the Partner Software) assumes ownership of the player at point of first contact with the visitor. The partner acts as a provider of promotional services for Admiral Partners and its Operators and their website(s). The Operator of the Operator’s website(s) reserves the right to refuse players (or to close their accounts). In the event that any player’s account/s are suspended or closed by the Operator of the Operator’s website(s) and subsequently reactivated at a later stage, such player/s will be reassigned/retagged to the partner and the partner will be entitled to earn referral fees in respect of such player in accordance with the then prevailing commission model.
5. By opening an account with a player, that person or entity will become the Operator’s customer and, accordingly, all client rules, policies, and operating procedures will apply to them.
6. The partner may receive confidential information from Admiral Partners, including confidential information as to the Operator’s marketing plans, marketing concepts, structure, payments and other information relating the Operator’s business operations. This information is confidential to the Operator and constitutes part of the Operator’s proprietary trade secrets. The partner shall not disclose this information to third parties or use such information other than for the purposes of this agreement without Admiral Partners’ prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).
7. The partner agrees to avoid disclosure or unauthorized use of the confidential information to third persons or outside parties unless the partner has Admiral Partners’ prior written consent and that the partner will use the confidential information only for purpose of this agreement. The partner’s obligations with respect to confidential information shall survive the termination of this agreement.

Miscellaneous

1.       Notices. All notices pertaining to this agreement will be given by email as follows: to the partner at the email address provided by the partner on the partner sign-up form (or as subsequently updated by the partner to Admiral Partners in the event of change), and to Admiral Partners at the stipulated email address in section 1.

2.       Relationship of parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between the partner and Admiral Partners and its Operator that Admiral Partners provide a service to under this agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this agreement.

3.       Non-Exclusive. The partner understands and accepts that Admiral Partners may at any time (directly or indirectly), enter into marketing terms with other partner/s on the same or different terms as those provided to the partner in this agreement and that such partners may be similar, and even in competition with the partner.

4.       Press. The partner may not issue any press release or other communication to the public with respect to this agreement, the Operator’s marks or the partner’s participation in this partner program without Admiral Partners’ prior written consent, except as required by law or by any legal or regulatory authority.

5.       Assignment. Except where the partner has received Admiral Partners’ prior written consent, the partner may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this agreement or any rights under this agreement, or sub-contract any or all of the partner’s obligations under this agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.

6.       Governing Law. This agreement (including any variation or modification thereto) shall be deemed executed in Romania and shall be governed by and construed in accordance with the laws of Romania without giving effect to conflicts of law principles. The partner irrevocably agrees that, subject as provided below, the courts of Romania 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 the partner waives 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 clause shall limit the right of Admiral Partners to take proceedings against the partner 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.

7.       Severability. Whenever possible, 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.

8.       Entire Agreement. This agreement and the partner sign up form embody the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to this agreement provided by Admiral Partners to the partner in accordance with section 3 above. Each of the parties acknowledges and agrees that in entering into this agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in the agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this clause, it might otherwise have had in relation to any of the foregoing. Nothing in this section shall limit or exclude any liability for fraud.

9.       No Waiver by Admiral Partners. If there is a breach of any provision of this agreement, it shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.    The partner shall defend, indemnify and hold Admiral Partners and Admiral Partners’ officers, directors, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from the partner’s breach of this agreement.

11. Admiral Partners’ obligations under this agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Operator’s website(s) or services other than as provided under this agreement. Other than as expressly provided in this agreement, in no event will Admiral Partners be liable for any direct, indirect, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether Admiral Partners has been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Admiral Partners’ liability arising under this agreement, whether in contract, or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to the partner in relation to the Operator’s website(s) that the dispute relates to over the previous 12 months at the time that the event giving rise to the liability arises. However, nothing in this agreement will operate to exclude or limit either party’s liability for death or personal injury arising as a result of that party’s negligence or for fraud.

These are all the stipulated clauses of the terms and conditions for Admiral Partners. Should there be any queries please contact us on the stipulated email listed in section 1