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Contents

Terms and Conditions

    Version: 1.4 Date: 25 September 2026

1. Definitions

“Accounting Period”
means the calendar month during which the Affiliate Profit is accumulated.
For the avoidance of doubt, calculations are based on the activities performed from the first to the last day of each calendar month.
“Agreement”
means and includes all the terms and conditions set out in this document, the General Terms and Conditions and any other rules and/or guidelines issued within the Affiliate Program, and appearing on playattack.com.
“Affiliate”
means you, a natural person or entity, who registers on the PlayAttack Website and who accepts this Agreement and will promote Websites within the Affiliate Program (hereinafter - Website(s)).
“Affiliate Commission”
means funds accumulated under the Revenue Share Payment Plan, CPA Payment Plan and/or Hybrid Payment Plan agreed between PlayAttack and the Affiliate.
“Affiliate Commission Structure”
means any specific commission structure expressly agreed between PlayAttack and the Affiliate.
“Affiliate Account Balance”
means the unified and consolidated financial balance of the Affiliate, encompassing all activities, earnings, and losses across all Websites and brands promoted by the Affiliate.
PlayAttack does not maintain separate balances for individual Websites and brands; all financial results are aggregated into this single account balance.
“Affiliate Profit”
means the aggregate income the Affiliate earns within any of the Payment Plans offered by PlayAttack in a given Accounting Period. Affiliate Profit is calculated as the net result of the Affiliate Account Balance, where positive earnings from any brand are automatically offset against any losses (negative revenue) generated by other brands within the same Affiliate Account during the same Accounting Period.
“Affiliate Links”
means hyperlinks from the Affiliate Website(s) and/or other resources to the Websites.
“Affiliate Program”
means the collaboration between PlayAttack and the Affiliate, whereby the Affiliate will create Affiliate Links to and promote the Websites to New Players.
“Affiliate Services”
means the Affiliate’s promotion of the Websites and the creation of the Affiliate Links from the Affiliate Website(s) to the Websites.
“Affiliate Website(s)”
means one or more websites or other resources on the internet which are maintained and operated by the Affiliate.
“Branded traffic”
means search traffic by requests which represent brand names and are leading to a domain/site similar to the main Websites.
“Confidential Information”
means any information of commercial or essential value for any of the Parties such as but without limitation to, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Players, other customers and users of the PlayAttack Website and Websites, technology, marketing plans and manners of operation.
“Fraud”
means any act by the Affiliate, a Referred Player, or any third party acting in bad faith against PlayAttack and/or Websites. This includes, but is not limited to: (i) offering unauthorized "rake back" or incentive schemes; (ii) collusion between Players; (iii) use of automated devices, robots, or software to interfere with the Websites; and (iv) artificial manipulation of commissions.
“General Terms and Conditions”
means the general terms and conditions, privacy policies and other relevant policies which can be found on the Websites.
“Intellectual Property Rights”
means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.
“Gross Gaming”
means your Players’ bets minus winnings.
“Total Net Gaming Revenue”
means Gross Gaming less the following:
1. any chargebacks/refunds initiated by the players;
2. any bonuses and promotions are given to the players;
3. funds paid as any transactions fees, calculated as % of the total volume of Deposits and Withdraws;
4. funds paid as any providers fees, calculated as % of Gross Gaming;
5. funds paid as any taxation fees, calculated as % of Gross Gaming;
6. funds paid as any licensing fees, calculated as % of Gross Gaming.
The aforesaid relates solely to the amounts generated from Players referred to the Websites by the Affiliate. In the case of an introduction of another product or group of products in the future, PlayAttack reserves the right to use an individual definition of the term Net Revenue for each product.
“New Player”
means a new first-time customer referred to the Website by the Affiliate, having made a first deposit amounting to at least the applicable minimum deposit at the Website, in accordance with the applicable General Terms and Conditions of the Website, but excluding the Affiliate itself, its employees, relatives and/or friends and not being already in the Operator’s player database on any of the Operator’s Websites (including where the Player has previously closed its player account on Operator’s Website and opened a new one through the Affiliate Link).
“New Affiliate”
means an Affiliate that opened an account in the Affiliate Program and did not receive any first payment.
“Operator”
means any entity that has an online gambling licence to offer its services to end-users, and with which PlayAttack is engaged.
“Operator’s Website(s)”
means any website owned or licenced by the Operator and within the Affiliate Program.
“Parties”
means PlayAttack and the Affiliate (each a “Party”).
“Payment Date(s)”
means the day(s) within the first fifteen (15) Working Days of the calendar month following the relevant Accounting Period, during which PlayAttack processes the payouts of the Affiliate Profit earned.
“Payment Plan”
means Revenue Share Plan, CPA Plan, Hybrid Plan or any other Payment Plan that may be offered to the Affiliate within the Affiliate Program and listed on PlayAttack Website.
“PlayAttack”
PlayAttack Limited, a company incorporated in Malta with registered Address: PlayAttack Limited, Ta Xbiex Business Centre, Level 4B, TRIQ Testaferrata Ta’ Xbiex, XBX 1403, Malta, Registration No. C 89486
“PlayAttack Website”
means the website with the domain name playattack.com
“Player”
means a person or entity brought by the Affiliate to the Websites and having a player account on the Operator’s Website.
“Working Day”
means any day which is not a Saturday, a Sunday or a bank or public holiday in Malta.
“Bulgarian Affiliate Activity”
means online Affiliate Services for Performance-Linked Commission which constitute promotion of gambling games by an affiliate operator subject to licensing under the Bulgarian Gambling Act. The applicable statutory territorial scope governs; a player-location label in the Affiliate Account does not by itself determine that scope.
“Bulgarian Affiliate Licence”
means a valid licence under the Bulgarian Gambling Act authorising the Affiliate to promote gambling games as an affiliate operator. A licensing decision and the certificate evidencing the issued licence (удостоверение) are distinct documents.
“Bulgarian NRA”
or “NRA” means the National Revenue Agency of the Republic of Bulgaria.
“Performance-Linked Commission”
means remuneration calculated by reference to registrations, players, deposits, bets, winnings or another measurable result, including Revenue Share, CPA and the performance-linked element of a Hybrid Payment Plan.
“Payment List”
means the final commission statement generated by PlayAttack when closing an Accounting Period, recording the Commission, separately identified adjustments, applicable deductions and resulting net amount payable for that period.
“Romanian Affiliate Activity”
means Affiliate Services directed at persons in Romania in connection with an Operator’s Website. The applicable statutory territorial scope governs; an Affiliate Account designation does not by itself determine that scope.
“Romanian ONJN”
or “ONJN” means the National Gambling Office of Romania (Oficiul Național pentru Jocuri de Noroc).
“Romanian Class II Licence”
means a valid ONJN Class II licence authorising the Affiliate to perform the relevant affiliate activity in Romania.

2. Introduction

  • 2.1 PlayAttack is responsible for the Affiliate Program offered under this Agreement and it has the exclusivity right to promote the Operator’s brand(s) and its website(s).
  • 2.1.1 The Operator’s website(s) promoted under this Affiliate Program shall be such website or websites that are included in the Affiliate Program.
  • 2.1.2 Nothing in this Agreement transfers to the Affiliate an obligation imposed by applicable law solely on PlayAttack or an Operator. Performing Affiliate Services does not authorise the Affiliate to organise gambling, accept stakes, handle player funds or act as the Operator in its relationship with a player.

    By Accepting this Agreement and completing the application process hereto, you will be entering into an agreement with PlayAttack Ltd, a company incorporated in Malta (hereinafter referred as to “PlayAttack’ or ‘Company’), provided that:

    • (a) you will fulfil the acceptance conditions set out herein; and
    • (b) being approved by PlayAttack.

3. Conditions for the acceptance of the affiliate

  • 3.1 The approval of the application and its refusal is subject to the sole and absolute discretion of the Company, and this Agreement shall not be binding or enter into effect in relation to the Company or any Operator represented by the Company, without prior written confirmation issued by the Company.
  • 3.2 The Affiliate hereby represents and warrants that:
    • (a) it is aged 18 years old or over, in the case of a natural person;
    • (b) it fully understands and accepts the terms and conditions of this Agreement;
    • (c) it has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement;
    • (d) is competent and duly authorized to enter into legally binding agreements;
    • (e) it has obtained, and will maintain throughout the relevant activity, every licence, authorisation, registration or consent which applicable law expressly requires the Affiliate to hold for the Affiliate Services it performs;
    • (f) has provided complete, valid, truthful and satisfactory information at the sole and absolute discretion of the Company;
    • (g) understands that the role of the Affiliate shall be limited to the promotion of the Operator’s Website(s). The Affiliate is not authorized to enter into any direct or indirect communications with any New Players or any potential or existing Players of the Operator in relation to activities carried out on the Operator’s Website(s) or any disputes or complaints arising therefrom.
  • 3.3 In addition to any other right, which the Company may be entitled to under this Agreement, the Company reserves the right to:
    • (a) request information about each marketing channel through which the Affiliate refers New Players to the Operator’s website(s) at any time and how many times it deems necessary;
    • (b) refuse any applicant Affiliate and/or may close or suspend any Affiliate’s account if it in the sole opinion of the Company is necessary to comply with its obligation with the Operator’s policies and/or to protect its interest and/or the Operator’s interest.
  • 3.4 Players who stream their activities on any or all of the Websites with his/her Affiliate Links implemented on the resource they use for streaming are considered solely as Affiliates and can not relate to any other Affiliates as referred Players.
  • 3.5 Regulatory information. Before commencing activity in a regulated jurisdiction, and at any time on request, the Affiliate shall provide complete, accurate and current evidence of its regulatory status, identity, beneficial ownership, authorised representative, contracts and all marketing channels used or intended to be used. The Affiliate authorises PlayAttack and the relevant Operator to verify that information with the competent authority and to retain and disclose it where reasonably necessary for compliance with law, regulatory requests, audit and record-keeping obligations, subject to applicable data-protection law.

4. Affiliate rights and Obligations

  • 4.1 By registering on this Affiliate Program, the Affiliate accepts and agrees to abide by its terms and conditions.
  • 4.2 Licensing. The Company hereby grants a non-exclusive, revocable, non-transferable and royalty-free license and right, during the term of this Agreement, to use and promote its brand(s) and the Operator’s brand(s) and website(s), solely for the purposes of this Agreement, and limited to the terms and conditions set forth herein. This license shall terminate simultaneously with the termination of the Agreement.

    This contractual intellectual-property permission is not a gambling or affiliate licence and does not authorise promotion prohibited by the law applicable to the relevant territory.

  • 4.3 The Affiliate hereby warrants and undertakes:
    • (a) to use its best efforts to actively and effectively market and promote the Operator’s Website(s) as widely as possible in order to maximize the benefit to the Parties on the Affiliate Website(s), or via other marketing channels as may be approved in writing by PlayAttack;
    • (b) to use only current news, offers and promotions supplied or approved by PlayAttack and to stop using them after PlayAttack withdraws or replaces them;
    • (c) to be responsible for the Affiliate's own marketing method, placement, targeting, distribution and any material created or altered by the Affiliate, and to ensure that those matters comply with applicable law and this Agreement;
    • (d) to use only the Affiliate Link provided to the Affiliate within the scope of the Affiliate Program. In default of this, no warranty whatsoever can be assumed for proper registration and sales accounting;
    • (e) not to amend material supplied by PlayAttack without PlayAttack's prior written consent. As between the Parties, PlayAttack is responsible for the content and presentation of unaltered material supplied by it. This allocation does not relieve the Affiliate of a non-waivable duty expressly imposed on it by applicable law.
    • (f) to be responsible for the development, the operation, and the maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s).
  • 4.4 The Affiliate hereby undertakes, represents and warrants that it:
    • (a) will not target any jurisdiction where gambling and the promotion thereof is illegal;
    • (b) will not target any person who is under the legal age for gambling;
    • (c) will not generate traffic to the Website(s) by illegal or fraudulent activity, particularly but not limited to by:
      • (i) sending spam or unsolicited mail/sms’ in an attempt to refer New Players to the Operator’s Website(s);
      • (ii) registering as a Player or making deposits directly or indirectly to any player account through its Affiliate Links for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud PlayAttack. Violation of this provision shall be deemed to be fraud;
      • (iii) presenting the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Operator’s Website(s) and/or PlayAttack’s Website or convey the impression that the Affiliate Website(s) is/are partly or fully originated with/from the Operator’s Website(s) and/or PlayAttack;
    • (d) will not send any material via direct marketing means to Players whom the Affiliate knows or should reasonably know to be self-excluded with the Operator;
    • (e) will not publish any inaccurate information that is intended to mislead Players;
    • (f) with the exception of the marketing material as may be forwarded by PlayAttack and/or made available online through PlayAttack’s Website, the Affiliate will not use trademarks and other Intellectual Property Rights of PlayAttack and the Operator unless we consent to such use in writing;
    • (g) will not act in an offensive way that intentionally discredits the reputation of the Operator or of PlayAttack.
  • 4.5. Single Account Policy.
    • 1. Each Affiliate is permitted to open and operate only one (1) Affiliate Account. The creation of multiple accounts by the same individual or entity (including through related parties, proxies, or nominees) for the purpose of separating brand performance, circumventing the consolidated Affiliate Account Balance calculation, or for any other reason, is strictly prohibited without prior express written consent from PlayAttack. Any violation shall result in the immediate suspension of all accounts and forfeiture of unpaid Commissions.
  • 4.6 Romanian Programme Rules. For Romanian Affiliate Activity:
    • 1. The Affiliate shall hold and maintain the Romanian Class II Licence required for the activity it performs and shall promote only Operator Websites or domains lawfully authorised for Romanian players and designated for Romanian promotion in the Affiliate Account.
    • 2. The Affiliate shall promptly notify PlayAttack if its relevant licence is suspended, restricted, revoked, cancelled or expires. PlayAttack may suspend Romanian Affiliate Activity when the expiry date recorded in the Affiliate Account has passed. This is an administrative expiry-date check only and does not establish the Affiliate's complete regulatory status.
    • 3. Where Article 150(3)(c) of the Romanian implementing norms applies, the Affiliate shall communicate its affiliate agreement with the remote-gambling Operator to ONJN within fifteen days after conclusion.
    • 4. For online advertising or direct marketing which it creates, places, distributes or sends, the Affiliate shall comply with Romanian requirements applicable to its role, including applicable Operator-licence markings, protection of minors, and prior-consent, sender-identification and free opt-out requirements for electronic commercial communications.
    • 5. The Affiliate shall not subcontract an activity which requires a Romanian Class II licence to a person that does not hold that licence. This does not require an online-advertising or technical vendor to obtain a Class II licence where Romanian law does not require one for that vendor's own activity.
    • 6. Commission lawfully accrued before the effective date and time at which the Romanian Class II Licence ceased to authorise the relevant activity is not forfeited solely because of that later cessation and remains subject to the other payment terms of this Agreement. No Commission accrues at or after that effective date and time while the Affiliate is not duly licensed. A verification hold must be limited to the affected Romanian activity and period and released if continuous validity is confirmed.
    • 7. The Affiliate shall comply with all applicable laws, regulations, codes, rules, guidelines and decisions governing advertising and promotional activities in the online environment, including, without limitation, the Romanian Audiovisual Code (Codul Audiovizualului) and any applicable decisions, rules or requirements issued by the Romanian National Audiovisual Council (Consiliul Național al Audiovizualului – CNA), as amended from time to time. The Affiliate shall be solely responsible and liable for any breach or violation of such laws, regulations, codes, rules, guidelines or decisions and shall be responsible for any fines, penalties, claims, damages, costs or expenses arising out of or in connection with any such breach or violation attributable to the Affiliate.
  • 4.6A Bulgarian Programme Rules. For Bulgarian Affiliate Activity:
    • 1. The Affiliate shall hold and maintain a Bulgarian Affiliate Licence which includes all relevant URLs and social media pages which PlayAttack shall utilise and shall commence or continue the licensed activity only when legally entitled to do so, including receipt of the required licence certificate under Articles 29 and 34 of the Bulgarian Gambling Act. A favourable licensing decision alone does not establish that all conditions for commencing activity have been met.
    • 2. The Affiliate shall provide PlayAttack with accurate identifying details of its licensing decision, licence certificate and stated validity period as those documents are issued, and keep those details current. It shall provide copies of its licence and certificate when issued and details of its Bulgarian authorised representative, and decisions, notices or correspondence affecting that status. These details and documents may be supplied through the Affiliate Account or the Affiliate Manager.
    • 3. The Affiliate shall comply with the validity period and conditions of its licence. If it seeks an extension, it shall submit the statutory request to the NRA no later than two months before the existing licence expires. An extension request does not itself constitute an extension or authorise activity after expiry.
    • 4. The Affiliate shall notify PlayAttack immediately, and in any event within twenty-four (24) hours, of any refusal, suspension, restriction, revocation, expiry or other material change affecting its licence. It shall notify the NRA of changes in circumstances under its issued licence within fourteen days of the change, including changes to the digital channels recorded in the licence certificate where applicable. After licensing, it shall notify the NRA without delay of the conclusion or termination of an agreement or arrangement for gambling promotion and provide the relevant copy, as required by the applicable NRA guidance. A foreign Affiliate shall comply with the Bulgarian authorised-representative requirement applicable to it under Article 4(8).
    • 5. The Affiliate shall promote only a gambling Operator and destination holding the Bulgarian authorisation required for the relevant activity and shall perform any operator-register check required of it by Article 10(7).
    • 6. For any Affiliate Services subject to Bulgarian gambling-advertising law, the Affiliate shall comply with the applicable advertising restrictions, including those applying to electronic media and internet websites. Neither an affiliate licence, a listed digital channel, material supplied by PlayAttack nor consent to receive marketing creates an exemption from those restrictions. The Affiliate shall use only forms of promotion permitted by applicable law.
    • 7. The Affiliate shall not appoint a sub-affiliate, introducer or other third party to perform Bulgarian Affiliate Activity without PlayAttack’s prior written approval. Approval may be withheld unless that person holds the authorisation required for its own activity. No Bulgarian Affiliate Activity may be performed through a person lacking the authorisation legally required for it. This does not impose affiliate licensing on a provider whose own services are outside the statutory licensing requirement.
    • 8. Where Article 35(3) applies on termination of its licence, the Affiliate shall return its certificate to the NRA and notify the gambling organiser for whose benefit it promotes games within the statutory seven-day period after receiving notice of the NRA decision, and shall cease activity as required by that provision. Notice to PlayAttack does not replace a notice owed directly to the NRA or the organiser.
    • 9. No Commission accrues for Bulgarian Affiliate Activity at or after the effective time at which the Affiliate ceases to be lawfully authorised for it. Commission lawfully accrued before that time is not forfeited solely because of the later cessation. Its payment remains subject to mandatory law and the other applicable payment terms; preservation of the claim does not authorise a prohibited payment. Any hold arising solely from a legal restriction shall be confined to the affected amount and released promptly once lawful payment is established.
    • 10. Before using a website, domain, mobile application, social-media profile, video or streaming account or other digital channel for Bulgarian Affiliate Activity, the Affiliate shall disclose that channel and obtain PlayAttack’s written approval. An undisclosed or unapproved channel shall not be used.
    • 11. The Affiliate shall notify PlayAttack before adding, replacing or materially changing an approved channel, campaign, advertised brand, traffic type, source URL, campaign start date or commission arrangement.
    • 12. Where the Affiliate’s Bulgarian licence cannot be verified or is no longer valid, PlayAttack may immediately disable the affected links, reject traffic, suspend Bulgarian campaigns or terminate the Bulgarian part of the relationship. Any payment hold shall comply with Clause 10.30; no payment or use of services prohibited by Bulgarian law is authorised.
  • 4.6B Sweden. The Affiliate shall not, in a professional or profit-making activity, promote gambling that is unlawful in Sweden or is supplied without the Swedish licence required for that gambling. Marketing directed to Swedish consumers which the Affiliate creates, places or distributes shall comply with Swedish requirements applicable to its role, including moderation, clear advertising identification, non-misleading presentation, protection of persons under 18 and clear minimum-participation-age information in commercial gambling messages. Direct marketing shall comply with the applicable consent and objection rules and shall not be directed to a player who has self-excluded, as required by Swedish law. This does not transfer the Operator’s duty to operate or check the statutory self-exclusion system to the Affiliate.
  • 4.6C Republic of Srpska. The Affiliate shall comply with the mandatory gambling and advertising law of the relevant territorial jurisdiction of the Republic of Srpska, as applicable to the Affiliate Services. The Affiliate shall not promote a foreign or unapproved gambling Operator where the law of that jurisdiction prohibits the promotion.
  • 4.6D Republic of Serbia. For Affiliate Services directed at persons in Serbia:
    • 1. The Affiliate shall promote only an organiser authorised to offer the relevant gambling in Serbia.
    • 2. Gambling advertising, including indirect referral, shall contain the notice prohibiting participation by minors and the addiction-prevention warning in the form required by Serbian law.
    • 3. The Affiliate shall not direct gambling advertising to children or minors; place it on websites or in digital content directed thematically or by audience to children or minors; use children or minors in it; or exploit their inexperience.
    • 4. Advertising created or placed by the Affiliate shall not make claims prohibited by Serbian gambling-advertising law, including unfounded claims about winning chances or income, pressure to participate or recover losses, or presenting gambling as employment, investment, social success or a solution to financial, professional or personal problems.
    • 5. Any advertised bonus, free credit or other participation incentive shall state its rules and material conditions clearly and understandably.
    • 6. Paid or promotional content shall be recognisable as advertising. Where online distance-advertising law requires it, the person on whose behalf it is made shall be identifiable. Electronic direct advertising shall comply with applicable consent, withdrawal and objection requirements.
    • 7. Where the Affiliate is the advertiser, it shall retain the advertisement and the place, time and frequency data for thirty days after the final publication, as required by Serbian law. In that role, it shall also provide access to the advertisement and those data within five days of a request by an entitled interested person or competent authority under Article 70 of the Serbian Advertising Act. Where the Affiliate is an online advertising-message carrier, it shall maintain clear advertiser identification during the advertising and for thirty days afterwards.
  • 4.7. Brand Protection & PPC.

    The Affiliate is strictly prohibited from purchasing, bidding for, or registering keywords, adwords, or search terms that are identical or confusingly similar to the Operator’s trademarks and brand names, including misspellings (e.g., "SloyV", "Frank Casini").

  • 4.8. Domain Policy.

    The Affiliate shall not register any domain name that incorporates or is confusingly similar to the Operator’s intellectual property. Any such domains must be transferred to the Operator immediately upon request at no cost to PlayAttack.

  • 4.9. Social Media Advertising.

    Promotion via Facebook, Instagram, or other social platforms is permitted only if the Affiliate:

    • (i) possesses the platform's approval;
    • (ii) complies with its terms of use;
    • (iii) ensures that all information is truthful and that the promotion is permitted by the law applicable to the relevant territory. Platform approval and compliance with platform terms do not replace regulatory permission.

    PlayAttack shall not be liable for any Referral Commission from social media accounts unless properly tracked via Links.

  • 4.10. Data Protection (GDPR).

    Each Party shall act as an independent controller in respect of the personal data for which it independently determines the purposes and means of processing.

    The Affiliate warrants that, before sending or causing to be sent any marketing communication, or disclosing any personal data to PlayAttack for marketing purposes, it has obtained and can demonstrate a valid, freely given, specific, informed and unambiguous opt-in consent from each data subject. Such consent must cover the relevant communication channel, the promoted brand and, where applicable, the disclosure and use of the data by PlayAttack.

    Each marketing communication must clearly identify the sender and include a clear, effective, easily accessible and free-of-charge mechanism for withdrawing consent or opting out of further communications. The Affiliate shall promptly honour all such requests and maintain appropriate consent and suppression records.

  • 4.11 Bulgarian marketing controls. For Bulgarian Affiliate Activity:
    • 1. Each campaign record shall identify the advertised brand, traffic type, exact source URL or account, campaign start date and agreed Commission arrangement.
    • 2. Promotional materials shall be directed only to adults, display a clear “18+” sign and include an appropriate responsible-gambling and risk warning and, where reasonably possible, a link to responsible-gambling information.
    • 3. Minors shall never appear in promotional materials, and the Affiliate shall not use characters, personalities, themes or placements primarily appealing to minors.
    • 4. The Affiliate shall not state or imply that gambling is risk-free, guarantees profit, solves personal or financial problems or must be undertaken urgently.
    • 5. Unsolicited bulk communications, spam, promotion through pirate or torrent resources, forced redirects and pop-under advertising are prohibited.
    • 6. Promotion through messaging services, including SMS, WhatsApp, Telegram or WeChat, is prohibited unless PlayAttack has given prior written approval for a demonstrably lawful, consent-based campaign.
    • 7. Promotion through Twitch, YouTube, Snapchat, TikTok or another channel with material under-age reach requires PlayAttack’s prior written approval and available age-gating and audience-exclusion controls.
    • 8. The Affiliate shall promptly provide screenshots, URLs, audience settings, consent records, publication dates and other evidence reasonably requested for monitoring or an NRA inspection.

    These contractual controls do not create an exemption from the statutory advertising restrictions in Clause 4.6A. Legal or Compliance may tighten channel restrictions without weakening mandatory law.

5. Company rights and Obligations

  • 5.1 PlayAttack shall provide the Affiliate with all required information and promotional materials necessary for the promotion of the Website(s) on the Affiliate Website(s), as well as all the information necessary for the implementation of the Affiliate Links.
  • 5.2 In the event that the Affiliate creates its own promotional materials, such marketing materials shall be compliant with the provisions of this Agreement and PlayAttack shall not be held liable for any fines and/or sanctions which are incurred by the Affiliate for the non-adherence with applicable rules and regulations.
  • 5.3 PlayAttack shall administer the turnover generated via the Affiliate Links, record the Net Gaming Revenues and the total amount of Affiliate Profit earned by means of the Affiliate Links, provide the Affiliate with Affiliate Commission statistics, and handle all services applicable for PlayAttack.
  • 5.3A For Bulgarian Affiliate Activity, PlayAttack shall maintain or procure records sufficient to identify the relevant Bulgarian Operator, Affiliate, Accounting Period, Commission model, gross Performance-Linked Commission, statutory fee base and amount withheld, net amount payable and separately recorded subsequent adjustments.
  • 5.4 PlayAttack shall pay the Affiliate its Affiliate Profit depending on the traffic generated subject to the terms and conditions of this Agreement.
  • 5.4A PlayAttack shall calculate and process the applicable statutory deduction in accordance with the applicable agreements and Bulgarian law. The Affiliate is entitled to the resulting net Commission; an amount lawfully deducted as the statutory fee is not additionally payable to the Affiliate. The Affiliate’s payment schedule is not conditional on the date of the Operator’s remittance to the NRA. Nothing in this Clause discharges the relevant Bulgarian Operator’s statutory declaration and remittance duties described in Clause 10.25 or permits an unlawful deduction.
  • 5.5 PlayAttack and/or Operator reserve(s) the right to refuse the registration of any New Players, suspend or close their accounts at our and/or Operator’s sole discretion in order to comply with any requirements we consider mandatory.
  • 5.6 PlayAttack hereby notifies the Affiliate, which accepts, that personal data pertaining to the Affiliate and/or any of its employees (if any) may be collected by PlayAttack and shall be utilized solely in the context of, and as is necessary for, the performance of this Agreement or in the pursuance of any legal obligation or legitimate interest.
  • 5.7 PlayAttack reserves the right to request any information from the Affiliate for due diligence purposes in line with its obligations under applicable law as it may from time to time deem fit.
  • 5.8 PlayAttack’s Rights to freeze or close accounts. In addition to any other right, which the Company may be entitled to under this Agreement, the Company reserves the right to:
    • (a) in case of having any reason to suspect that the Affiliate is in breach with the terms of this Agreement, the Affiliate account may be blocked, and payouts will be frozen for the period of the investigation. If the investigation proves the violation of the Agreement to have taken place, PlayAttack reserves the right to withhold the Affiliate Profit;
    • (b) close any Affiliate’s account if it in the sole opinion of PlayAttack is necessary to comply with our policy and/or to protect the interest of PlayAttack and the Operator. If the Affiliate is in breach of this Agreement PlayAttack may besides closing the Affiliate’s account take any other steps at law to protect its interest;
    • (c) terminate the Agreement for Affiliates who allow themselves to communicate with PlayAttack representatives in an aggressive and/or offensive manner that goes beyond the scope of business relations. Under no circumstance, PlayAttack shall be held liable for eventual loss or damage caused to the Affiliate pursuant clause 5.8
    • (d) terminate the Agreement for Affiliate accounts where the Net Gaming Revenue does not cover PlayAttack’s costs for maintaining the account and the payout procedure. Under no circumstance, PlayAttack shall be held liable for eventual loss or damage caused to the Affiliate pursuant clause 5.8.
    • (e) PlayAttack reserves the right to initiate an internal investigation of the Player’s accounts together with the Operator on all the Operator’s Websites in case the Operator suspects the Player in violation of the Operator’s rules on one of the Operator’s Websites.

6. Operational rules

  • 6.1 The Affiliate acknowledges that the use of the Internet and compliance with the terms of this Agreement is at the Affiliate’s own risk. PlayAttack makes no guarantee in relation to the accessibility of the Operator’s Website(s) at any particular time or any particular location and shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused by failures, delays or interruptions of the Operator’s Website(s).
  • 6.2 During the term of this Agreement, the Affiliate Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between PlayAttack and the Affiliate.
  • 6.3 The Affiliate shall at all times comply with data protection and privacy regulations, legislation and subsidiary legislation as may be applicable from time to time.
  • 6.4 PlayAttack reserves the right to monitor the Affiliate Website(s) in order to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring.
  • 6.5 The Affiliate warrants not to entirely copy the design of our Operator’s Website(s) to the degree of confusion with the original Operator’s Website(s) for the purpose of consequently attracting organic “branded” traffic and earning Affiliate Commissions by means of positioning your site as the original Operator’s Website(s).
  • 6.6 PlayAttack reserves the right to request the Affiliate to immediately remove any promotional material which may be brought to attention and which it deems, in its sole absolute discretion, to be in breach of any relevant advertising and/or marketing rules.

7. Intellectual property rights

  • 7.1 IP Ownership: Parties agree that ownership of copyright and all other intellectual property rights and title in and to the brand(s)/website(s) appointed by the Company under this Agreement shall reside in Company and that Affiliate possesses no ownership or claim to ownership of any such rights or title.
  • 7.2 Each of the Parties agrees to refrain from any act or omission that derogates from or infringes upon the exclusive proprietary rights of the other. In the event that a Party becomes aware that a third-party or third-parties are improperly using the intellectual property, or any Party thereof, or infringing upon any proprietary rights of the other, it will promptly notify the other Party of all facts known to it relating to such use.
  • 7.3 By accepting this Agreement the Affiliate agrees to hold PlayAttack free from and against any Intellectual Property claims that were related or caused by its infringement of any third party’s intellectual property rights and approves that any of its to-be-used resources are free from any type of unsolicited copyright materials. In case of one Affiliate claims unsolicited usage of its Intellectual Property by another Affiliate, PlayAttack will not consider any of these claims and all negotiations must be held between these Affiliates privately.

8. Confidentiality

  • 8.1 During the term of this Agreement and for a period of 3 (three) years from the expiration or termination of this Agreement, a receiving Party shall (i) not disclose Confidential Information to any third-party; (ii) restrict disclosure of Confidential Information to only those employees, agents or consultants of the receiving Party and affiliates, if any of the receiving Party who must be directly involved with the Confidential Information for the purposes of this Agreement and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not reverse, engineer, decompile or disassemble any Confidential Information for source discovery or other purposes; (iv) use the same degree of care as for its own information of like importance, but at least the care of a prudent businessman, in safeguarding against disclosure of Confidential Information; and (v) promptly notify the disclosing Party upon discovery of any unauthorised use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorised actions or other breach of this Agreement.
  • 8.2 The disclosing Party consents to the disclosure of the Confidential Information to the extent strictly necessary for informing any subcontractors or suppliers of other Party who need to know such limited information in order to perform any assignments or handle any orders of a Party pursuant to this Agreement provided however that such subcontractors or suppliers shall first have agreed with the other Party to be bound by its confidentiality obligations hereunder or obligations which protect the Information to the extent protected hereunder in respect of such limited Confidential Information they will receive including appropriate obligations not to disclose the same to others and not to use it for other purposes as well as to return all such information to the Party upon completion of their assignment or other required performances.
  • 8.3 The foregoing restrictions on use and disclosure of the Confidential Information do not apply to information that: a) is in the possession of the receiving Party at the time of its disclosure and is not otherwise subject to obligations of confidentiality; b) or becomes publicly known, through no wrongful act or omission of the receiving Party; c) or is received without restriction from a third-party free to disclose it without obligation to the disclosing Party; d) or is developed independently by the receiving Party without reference to the Confidential Information; e) or is required to be disclosed by the law, regulation, or court or governmental order, provided that the Party subject to such law, regulation or court or governmental order shall use reasonable efforts to minimise such disclosure and, to the extent legally permitted, shall notify the other Party contemporaneously of such disclosure and provide a copy of the relevant order or legal act to the other Party.

9. Liability and Indemnity

  • 9.1 PlayAttack shall not be liable for:
    • (a) any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings;
    • (b) any indirect or consequential losses;
    • (c) any loss of goodwill or reputation.
  • 9.2 The Affiliate agrees to defend, indemnify and hold PlayAttack and the Operator, our successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from:
    • (a) any breach of Affiliate’s representations, warranties or obligations under this Agreement;
    • (b) Affiliate’s use (or misuse) of the marketing material and PlayAttack’s and/or Operator’s Intellectual Property Rights;
    • (c) all conduct and activities occurring under Affiliate’s user ID and password;
    • (d) any defamatory, libellous or illegal material contained on the Affiliate Website(s) or Affiliate’s information and data;
    • (e) any claim or contention that the Affiliate Website(s) or the Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity;
    • (f) third party access or use of the Affiliate Website(s) or the Affiliate’s information and data;
    • (g) any claim related to Affiliate Website(s) or the Links;
    • (h) any violation of this Agreement or any applicable laws.
  • 9.3 PlayAttack reserves the right to participate, at its own expense, in the defence of any matter or claim in relation to the above.
  • 9.4 As between the Parties, PlayAttack is responsible for the content and presentation of unaltered promotional material supplied by it. The Affiliate is responsible for the content and presentation of promotional material it creates or alters, and for its own placement, targeting and distribution of promotional material. Material supplied by PlayAttack may be altered only with PlayAttack's prior written consent under Clause 4.3(e). The Affiliate is not required to indemnify PlayAttack for liability, costs or losses attributable to PlayAttack's responsibility under this Clause. This allocation prevails over conflicting provisions of this Agreement and does not exclude either Party's duties or liability which cannot lawfully be excluded.

10. Payment and Commission structure

  • 10.1 Payment. The default payment plan which is to apply in the absence of any agreement to the contrary shall be the Revenue Share Payment Plan.
  • 10.2 PlayAttack shall calculate Affiliate Profit and process payouts within fifteen (15) Working Days at the beginning of each calendar month provided that the amount due exceeds the minimum threshold of $/€10 (the minimum threshold for Wire Transfer is $/€500). The minimum threshold for the first payout is one (1) FTD.
  • 10.3 The Affiliate Profit is calculated automatically by default once a month upon the end of the corresponding Accounting Period. Payments shall be processed on the Payment Dates corresponding to the Accounting Period. For all New Affiliates PlayAttack reserves the right to hold up the Affiliate Profit for a three (3) calendar months if deemed necessary.
  • 10.4 In the calculation of Affiliate Commission where Total Net Gaming Revenue and the balance is negative due to Players winnings and/or administration fees and/or cash items and/or progressive contributions the said balance will be set to zero except for the cases stated under Clause 10.14.
  • 10.5 If the Affiliate fails to provide and confirm actual payment details five (5) days before the end of the Accounting Period, fails to provide the requested invoices in the proper time, chooses “suspend payments” option in its settings of the affiliate account or does not reach the minimum threshold, the balance is carried over to the following accounting period and can be affected by the earnings of the following Accounting Period. This carried-over amount is added to the next period’s cumulative results and will be affected (increased or decreased) by the earnings or losses of the following Accounting Period(s) until a final positive balance exceeding the threshold is achieved and paid out.
  • 10.6 In case a claim about Affiliate Profit arises on the Affiliate’s side, the claim must be expressed to PlayAttack in writing no later than thirty (30) days after the end of the Accounting Period for which the claim arose and state the reasons of the disagreement. Failure to notify PlayAttack within the prescribed time period shall be considered as an irrevocable acknowledgement of the balance due for the period indicated.
  • 10.7 If an error is made in calculating the Affiliate Profit, PlayAttack reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
  • 10.8 PlayAttack has the right to withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days if we need to verify that the relevant transactions comply with the provisions of the Agreement.
  • 10.9 No payment shall be due if PlayAttack has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
  • 10.10 The Affiliate agrees to return all Commissions received for the traffic which is in breach of any of the provisions of the Agreement and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees, and costs).
  • 10.11 The Affiliate remains responsible for its own taxes, levies, fees and public charges. PlayAttack shall apply any mandatory deduction from Commission in accordance with the applicable agreements and law, including Clauses 10.25–10.30. Nothing in this Agreement transfers or excludes a statutory obligation imposed directly on PlayAttack, the relevant Operator or the Affiliate.
  • 10.12 The Affiliate accepts that the payment of the Affiliate Profit due may be delayed by an additional fifteen working days period, provided that such delay shall be communicated by PlayAttack to the Affiliate.
  • 10.13 Affiliate Commission Structure. Under the Revenue Share Payment Plan the Affiliate will be awarded the Affiliate Commission to its balance on a daily basis. Affiliate Commission is calculated as the percentage of Total Net Gaming Revenue.
  • 10.14 No Negative CarryOver. Minimum threshold for the balance zeroing is five (5) FTDs in the applicable period. In case cumulative wins of a single Player result in Affiliate Negative Balance of more than $5 000 in a given month, this Player will be isolated and won’t generate any Total Net Gaming Revenue to the affiliate until the full amount of the negative balance has been satisfied.

    For the avoidance of doubt, No Negative Carryover shall apply only to the consolidated balance of all Operator’s Websites for the relevant Accounting Period. The results of all Operator’s Websites shall be aggregated, and the Affiliate shall be entitled to commission only where such consolidated balance is positive.

  • 10.14.1. Consolidation of Earnings.

    All earnings and/or losses generated across different Operator's Websites (brands) within the same Affiliate Account shall be consolidated into a single Affiliate Account Balance for the corresponding Accounting Period. A negative balance on one brand will be offset against a positive balance on another.

  • 10.15 CPA Payment Plan. Affiliate Profit within CPA Payment Plan shall be based on CPA rates. CPA rate means a “one-time” fee paid by PlayAttack to the Affiliate for each New Player who does not have and has not had a player account with any Operator’s Website and who accesses the Operator’s Website via the Affiliate Link and who properly registers and makes successful real money deposits at least twice into its player account. CPA rate is agreed with each Affiliate individually depending on but not limited to the GEO. The Affiliate accepts and understands that no further payments, fees and/or commissions beyond the one-time fee shall be due to the Affiliate.
  • 10.16 For certain GEOs a baseline will be used. The amount of the baseline depends on the GEO, traffic quality, and player value. Provided that a corresponding agreement is in place, if the Player makes the first deposit of less than the baseline but in the following thirty (30) days this Player accumulates the aggregate value of deposits equal to the minimum baseline amount of $/€12 or specific baseline amount agreed between the Affiliate and PlayAttack manager, the Affiliate Profit will be credited.
  • 10.16.1. Genuine Activity Requirement.

    Notwithstanding the fulfilment of the baseline and document confirmation requirements, Affiliate Profit within the CPA Payment Plan shall only be credited for New Players demonstrating genuine gaming activity. PlayAttack reserves the right to withhold or void CPA commissions for Players who make deposits but fail to meet a minimum turnover (wagering) requirement equivalent to the total amount deposited, or who display patterns indicative of incentive-based or non-organic traffic.

  • 10.17 All New Players referred to the Operator’s Website(s) within the CPA Payment Plan and not demonstrating activity, including but not limited to the form of second deposit, ID confirmation and gaming itself on the Operator’s Website(s), are put on hold. In a regular case, the hold period is thirty (30) calendar days but it can be extended to up to ninety (90) days at the sole discretion of PlayAttack.
  • 10.18 PlayAttack will withhold Affiliate Profit within CPA Payment Plan from the Players that:
    • (a) attempt to deceive the Operator or demonstrate fraudulent actions in regard to the Operator (including fraudsters, carders and other types of violators);
    • (b) are gambling-addicted;
    • (c) have blocked their account prior to paying-off;
    • (d) already have an account in any of the Operator’s Website(s);
    • (e) make a single deposit;
    • (f) do not provide obligatory documents such as ID confirmation;
    • (g) come from a GEO unspecified by the Affiliate.
  • 10.19 Activity within CPA Payment Plan can be suspended without payout of the Affiliate Profit due, but not limited, to the following reasons:
    • (a) the Affiliate refers Players from countries that are on the restricted list on the Operator’s Website(s);
    • (b) the Affiliate is found to participate in such activities as fraud, spam, deposits made by the Affiliate itself with the IP substitution or the use of anonymizers, such as VPN, Proxy, Freegate, Hola, TOR browser, etc.;
    • (c) the Affiliate continues to deliver traffic after a request being sent by PlayAttack to suspend traffic.
  • 10.20 If the limits for the traffic delivery were agreed with the Affiliate (“limits” meaning the number of New Players referred) and the Affiliate refers more New Players, PlayAttack has the right to carry forward the Affiliate Profit for those New Players for the following Accounting Period or not to pay out such Affiliate Profit neither transfer the New Players referred by the Affiliate on top of the amount agreed to Revenue Share Payment Plan.
  • 10.21 The Affiliate Program reserves the right to change CPA Plan to Revenue Share Plan retroactively due to unsatisfactory quality of traffic. Any resulting adjustment relating to a closed Accounting Period shall be recorded only as a separate manual accrual in the next open Accounting Period under Clause 10.7; the closed Payment List shall not be reopened or restated.
  • 10.22 Moderation and approval of Commission included as payable in a Payment List shall be completed before that Payment List is generated and before the corresponding Payment Date. Any Commission still awaiting fulfilment or verification of an agreed earning condition shall remain pending and shall not be included as payable. Pending status does not itself establish an entitlement to payment. If approved, that Commission shall be recorded as a separate accrual in the open Accounting Period in which approval occurs and included in the regular payout in the calendar month following approval, subject to the applicable payment conditions under this Agreement. A closed Payment List shall not be reopened or restated. Any subsequently identified compensation or adjustment shall be handled under Clause 10.7.
  • 10.23 Hybrid Payment Plan is considered as a mix of both Revenue Share Plan and CPA Payment plan and is managed and calculated according to their respective terms.
  • 10.24. Unified Account Balance. In accordance with the definitions of Affiliate Account Balance and Affiliate Profit, the final commissionable amount for any Accounting Period is the aggregate performance across the entire portfolio of promoted brands. PlayAttack does not calculate or pay commissions for individual brands in isolation.

    The statutory deduction provisions in Clauses 10.25–10.30 prevail to the extent of any conflict concerning a mandatory statutory deduction.

  • 10.25 For Performance-Linked Commission accrued on or after 1 August 2026 and subject to Article 30a of the Bulgarian Gambling Act, PlayAttack shall apply the statutory deduction of ten per cent (10%) declared and paid on behalf of the Affiliate, or another rate mandatorily prescribed by Bulgarian law, in accordance with the applicable agreements and Bulgarian law. PlayAttack shall pay the Affiliate the resulting net Commission and provide the corresponding commission and deduction report to the relevant Bulgarian-licensed gambling Operator. That Operator remains responsible for declaration and remittance to the NRA and for the other statutory duties imposed on it. Commission accrued on or before 31 July 2026 is not subject to this new deduction merely because it is paid later.
  • 10.26 Each Affiliate Account is associated with a single jurisdiction and has one consolidated balance. Earnings and losses across brands within that account are combined; separate brand balances are not maintained. Commission for an Accounting Period is finalised for contractual settlement when PlayAttack generates the Payment List for that period. Information on the amount, status and relevant period of each payment is made available in the Affiliate Account. For statutory reporting, the fee calculation shall be expressed in euro and rounded in accordance with applicable accounting and regulatory rules; a converted display amount does not alter the statutory amount. The amount properly deducted under Clause 10.25 is not payable to the Affiliate and shall not be deducted twice from the same Commission. A delayed cash payout does not itself change the applicable statutory accrual period.
  • 10.27 A genuinely fixed online-advertising, online-media or technical fee which is not directly or indirectly linked to a statutory performance result is outside the Performance-Linked Commission deduction. The Parties shall not use a sham or disguised arrangement to conceal Performance-Linked Commission. The applicable legal consequences of such an arrangement remain governed by mandatory law. A fixed-fee arrangement does not remove otherwise applicable advertising restrictions. PlayAttack may reclassify a payment in accordance with its economic substance and applicable law; any resulting contractual account entry shall follow Clause 10.7.
  • 10.28 For Bulgarian Affiliate Activity, subsequent manual accruals shall be included in the next open Accounting Period and its Payment List and commission report. The closed Payment List and commission report are not recalculated as part of this process. The later Payment List shall separately identify the new accrual and any statutory deduction applicable to it under Bulgarian law. No additional amount is payable to compensate the Affiliate for a lawful statutory deduction unless the Parties expressly agree a lawful gross remuneration arrangement. The finality of a Payment List or contractual commission report does not prevent accounting or statutory-reporting corrections required or permitted by applicable law.
  • 10.29 The Affiliate remains responsible for its own statutory annual Bulgarian licence-maintenance fee, currently EUR 6,000, payable directly as required by Article 30a(2): by 31 March of the current year, or, where the licence is issued after that date, before receipt of the licence certificate. This is separate from the variable fee deducted from Performance-Linked Commission and is not an additional PlayAttack charge.
  • 10.30 If the Affiliate’s Bulgarian licence cannot be verified, or the legal reporting or payment treatment is genuinely uncertain, PlayAttack may place the affected amount on regulatory hold for the minimum period reasonably necessary to determine its lawful treatment. The hold shall be shown separately from the statutory deduction in the Affiliate Account and released promptly when lawful payment is established. PlayAttack may provide reasonable evidence of withholding or a payment statement, subject to confidentiality and legal restrictions.

11. Term and Termination

  • 11.1 This Agreement may be terminated by either Party by giving seven (7) days written notification to the other Party. Written notification may be given by email.
  • 11.2 The Parties hereby agree that on termination of this Agreement:
    • (a) the Affiliate must remove all references to PlayAttack and Operator’s Website(s) from the Affiliate Website(s) and communications, irrespective of whether the communications are commercial or otherwise;
    • (b) all rights granted to the Affiliate under this Agreement shall immediately terminate and the Affiliate shall cease the use of any and all trademarks, service marks, logos and other designations vested in the Company and the Operator’s Website(s);
    • (c) the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however, the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn new Commissions for activity after the effective termination date;
    • (d) if this Agreement is terminated by the Company due to the Affiliate’s breach of any terms and conditions of this Agreement, the Company shall be entitled to withhold the Affiliate’s earned but unpaid Commissions as of the termination date as collateral for any claim arising from such breach;
    • (e) the Affiliate must return to the Company any and all Confidential Information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control, except for copies which must be retained by law or are reasonably necessary and lawfully retained to establish, exercise or defend legal claims; retained copies remain subject to confidentiality obligations for as long as they are retained; and
    • (f) the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach in relation to Confidential Information even if the breach arises at a time following the termination of this Agreement.

    For the cessation of an authorisation covered by Clauses 4.6 or 4.6A, the specific accrual and lawful-payment rules in those Clauses prevail over any inconsistent general wording concerning that cessation. This does not excuse a separate breach or permit payment prohibited by law.

12. Miscellaneous

  • 12.1 Relationship of the Parties. Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such Party’s employees, agents, or representatives) as an employee, agent or legal representative of the other Party, nor to create any partnership, joint venture, association or syndication among or between the Parties, nor to confer on either Party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other Party.
  • 12.2 Amendments to this Agreement. PlayAttack reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. If applicable, a written notice of the amendments will be sent to the Affiliate’s registered email address and such notice will be deemed to be served once sent by PlayAttack. The Affiliate’s continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate’s acceptance of the new terms and conditions.
  • 12.3 Severability. Each of the provisions contained in this Agreement shall be construed as independent of every other such provision, so that if any provision of this Agreement shall be determined by any Competent Authority to be illegal, invalid or unenforceable, then such determination shall not affect any other provision of this Agreement, all of which other provisions shall remain in full force and effect.
  • 12.4 Notice. Any notice given or made under this Agreement to PlayAttack shall be sent by email to and marked for the attention of the Affiliate Manager of PlayAttack unless otherwise notified by PlayAttack. We shall send all notices by email to the email address supplied by the Affiliate while registering on PlayAttack Website.
  • 12.5 No Waiver. PlayAttack’s failure to enforce the Affiliate’s adherence to all terms outlined in the Agreement shall not be construed to constitute a waiver of the right to enforce such right.
  • 12.6 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If such an event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate this Agreement with immediate effect by providing a written notice.
  • 12.7 Governing Law and Jurisdiction. This Agreement is to be construed and governed by the laws of Malta. All disputes arising from or related to the present agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said rules. Place of arbitration shall be Malta, and the arbitration shall be conducted in the English language.
  • 12.8 Where applicable any choice of law, arbitration provision, disclaimer, limitation of liability or allocation of tax responsibility in this Agreement remains subject to mandatory regulatory and public-law obligations applicable to the Affiliate Services.