Terms & Conditions

The below is an agreement between One Time Poker and you (“The Partner Agreement”). Please read the Partner Agreement carefully to ensure you understand your rights and obligations and the repercussions for you should you breach the Partner Agreement.

By registering for the Partner Program, and / or by accessing and utilizing any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Partner Agreement or elsewhere as a part of our Partner Program, you have will be deemed to have read, understood and agreed to the Partner Agreement.

The terms and conditions have been amended as of 20th of December, 2018, by continuing with the Partner Program past this date you agree to be bound by this Partner Agreement as from the Effective Date, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN IT IS YOUR RESPONSIBILITY TO TERMINATE IN ACCORDANCE WITH CLAUSE 9 BELOW.

Definitions:
1.1            “Partner” means you, the person or entity, who applies to participate in the Partner Program.

1.2            “Partner Account” means the account of the Partner set up after a Partner Application is made by the Partner to take part in the Partner Program and approved by One Time Poker.

1.3            “Partner Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of One Time Poker and/or Websites made known to the Partner from time to time.

1.4            “Partner Application” means the application made by the Partner to participate in the Partner Program.

1.5            “Partner Links” means internet hyperlinks used by the Partner to link from the Partner Website(s) or any other any third party website to One Time Poker Websites.

1.6            “Partner Program” means the collaboration between One Time Poker and the Partner whereby the Partner will promote One Time Poker’s websites and create the Partner Links from the Partner Website(s) to One Time Poker’s websites and thereby be paid a commission as defined under the Partner Agreement depending on the traffic generated to the websites subject to the terms and conditions of the Partner Agreement and to the applicable product-specific Commission Structure.

1.7            “Partner Website(s)” means any website on the world wide web which is maintained, operated or otherwise controlled by the Partner.


1.8           “One Time Poker Websites” means the website with domain names www.OneTimePoker.com, www.otppartners.com  or other such websites as may be added to the Partner Program by One Time Poker from time to time;

1.09          “Commission” means the percentage of the Net Revenue as set out in the Commission Structures for each particular product.

1.10          “Commission Structures” means the commission structures or any specific commission structure expressly agreed between One Time Poker and the Partner.

1.11          “Confidential Information” means any information of commercial or essential value relating to One Time Poker such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of One Time Poker Websites, technology, marketing plans and manners of operation.

1.12         “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, utility brands, and registrations of the aforesaid and/or any other similar rights of this nature.

1.13          “Net Revenue” means:

(i)              in relation to sportsbook, casino, bingo and scratch: all monies received by One Time Poker from New Customers in relation to placed bets/casino activities less (a) monies paid out to New Customers as winnings, (b) bonus and jackpot contribution payouts, (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes and (g) monies paid out as duties or taxes; and

(ii)             in relation to poker: the rake contributed less (a) bonuses, loyalty bonuses, promotional amounts and/or rake backs, (b) administration fees, (c) fraud costs and (d) charge backs.

For the avoidance of doubt, all Net Revenue amounts referred to above are only in relation amounts generated from New Customers referred to One Time Poker Websites by the Partner Website(s).

1.14         “New Customer” means a new first time customer of One Time Poker having made a first deposit amounting to at least the applicable minimum deposit at One Time Poker Websites’ betting account in accordance with the applicable terms and conditions of One Time Poker Websites’, but excluding the Partner, its employees, relatives and/or friends.

1.15          “Parties” means One Time Poker and the Partner (each a “Party”).

1.16          “Privacy Policy” means One Time Poker’s privacy policy which can be found here.

Your Obligations
2.1            Registering as a Partner: It is your sole obligation to ensure that any information you provide us with when registering with the Partner Program is correct and that such information is kept up to date at all times. To become a member of our Partner Program you must to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting the Partner Application. The Partner Application will form an integral part of the Partner Agreement. We will, at our sole discretion determine whether or not to accept a Partner Application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Partner Application has been successful. You will provide any documentation required by One Time Poker to verify the Partner Application and / or to verify the Partner Account information provided to One Time Poker at any time during the term of the Partner Agreement. This documentation may include but is not limited to: bank statements, individual or corporate identity papers and proof of address.

2.2            Partner log-in details: It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log-in details for your Partner Account are kept confidential, safe and secure at all times. Any unauthorized use of your Partner Account resulting from your failure to adequately guard your log-in information shall be your sole responsibility and you remain solely responsible and liable for all activity and conduct occurring under you Partner Account user ID and password whether such activity and / or conduct was undertaken by you or not. It is your obligation to inform us immediately if you suspect illegal or unauthorized use of your Partner Account. As you log in details are confidential, we do not have visibility of this information and cannot provide you with such information in case of loss.

2.3            Partner minimum efforts:  By agreeing to participate in the Partner Program, you are agreeing to use your best efforts to actively and effectively advertise, market and promote the One Time Poker Websites in accordance with the provisions of the Partner Agreement and One Time Poker’s instructions from time to time. You will ensure that all activities taken by you under the Partner Agreement will be in One Time Poker’s best interest and will in no way harm One Time Poker’s reputation or goodwill. You may link to the One Time Poker Website’s using the Partner Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf. You are required to refer a minimum of 1 New Customer per month in each and every twelve-month period you are a member of the Partner Program and this is a material term of the Agreement. One Time Poker reserves the right to amend this minimum New Customer requirement in relation to individual Partners upon reasonable notice to such Partners.

2.4            Valid traffic and good faith: You will not generate traffic to the One Time Poker Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behavior shall be deemed as fraud. You will also not attempt to benefit from traffic not generated in good faith whether or not it actually causes us damage. Where you have any reasonable suspicion that any New Customer referred by you under the Partner Agreement is in any way associated to bonus abuse, money laundering, fraud, or other abuse of remote gaming sites, you will immediately notify us of the same. You hereby recognize that any New Customer found to be a bonus abuser, money launderer or fraudster or who assist in any form of Partner fraud (whether notified by you or later discovered by us) does not constitute a valid New Customer under the Partner Agreement (and thereby no Commission shall be payable by One Time Poker in relation to such New Customers).

2.5            Partner Website: You will be solely responsible for the development, operation, and maintenance of the Partner Website and for all materials that appear on the Partner Website. You shall at all times ensure that the Partner Website is compliant with all applicable law and appears and functions as a professional website. Partners operating in Denmark shall comply with The Marketing Practices Act, specifically in regard to Article 4 “An advertisement shall be designed in such a way that it will be clearly understood to be an advertisement irrespective of its form and irrespective of the medium in which it is presented.” Kindly find the full version of the Act here. You will not present the Partner Website in such a way so that the Partner Website may cause confusion with the One Time Poker Websites and / or One Time Poker generally or so that it may give the impression that it is owned or operated by One Time Poker. The Partner Website will not contain any defamatory, libelous, discriminatory, obscene, unlawful (including that which the Partner does not have permission from any third party rights owner to use, for example illegal streaming) or otherwise unsuitable content (including, but not limited to: sexually explicit material which is not in line with legal or acceptable standards, violent, obscene, derogatory or pornographic materials or content which would be illegal in target country).

2.6           Partner Program: The Partner Program is intended for your direct participation and is intended of professional website publishers. You shall not open Partner accounts on behalf of other participants. Opening a Partner Account for a third party, brokering a Partner Account or the transfer of a Partner Account is not accepted by One Time Poker. Partners wishing to transfer an account to another beneficial account owner must request permission to do so by contacting us. Approval is solely at our discretion. You shall not open more than one Partner Account without our prior written consent.

2.7            Partner Links: The Partner Links shall be displayed at least as prominently as any other sales link on the Partner’s Website and if you display or make accessible to visitors to the Partner Websites descriptive information regarding any vendors whose banners are displayed on the Partners Website you shall, subject to our prior written approval of the content thereof, include similar descriptive information regarding the applicable One Time Poker Websites. You will only use Partner Links provided by One Time Poker within the scope of the Partner Program. Masking your Partner Links (for example hiding the source of the traffic sent to One Time Poker’s Websites) is also prohibited.

2.8            Unsuitable websites: You will not use any Partner Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property Rights (or in any other way link to or drive traffic to any One Time Poker Website via) on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include, but are not limited to, those that: are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party (including for the avoidance of doubt, any illegal streaming websites) or of One Time Poker or breach any relevant advertising regulations or codes of practice in any territory or any jurisdiction where such Partner Links or digital advertisements may be featured.

2.09          Email and SMS marketing: If sending any emails or SMS communications to individuals which (i) include any of One Time Poker Intellectual Property Rights; or (ii) otherwise intend to promote One Time Poker Websites, you must first have permission to send such emails from One Time Poker. If such permission is granted by One Time Poker you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (by SMS or email as relevant) and that such individuals have not opted out of receiving such communication. You must also make it clear, so that no confusion is caused (in regards to the sender of such communication) to the recipient that all marketing communications are sent from you and are not from One Time Poker.

2.10          Use of One Time Poker Intellectual Property Rights: Any use of One Time Pokers Intellectual property rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in Clause 2.12 below. You will not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other search or referral service and which are identical or similar to any of the One Time Poker trademarks or otherwise include the One Time Poker trademarks or variations thereof, or include metatag keywords on the Partner Website which are identical or similar to any of the One Time Poker trademarks. You will not register (or apply to register) any trademark or domain name or any similar trade mark or domain name which is similar to any trademark, domain name or brand used by or registered in the name of any member of One Time Poker, or any other name that could be understood to designate One Time Poker or any One Time Poker brand.

2.11          Approved creative: You will not use any advertising layout or creative (including banners, images, logos and / or any material containing) incorporating or in any way utilizing our Intellectual Property Rights unless the advertising layout or creative has been provided to you by One Time Poker or (where creative / advertising layouts are created by you) without the advanced written approval of One Time Poker in relation each and every advertising layout or creative. You will not alter the appearance of any advertising or creative which has been provided to you or for which such approval has been granted by One Time Poker. It is your responsibility to seek approval from One Time Poker in time for release or launch of any advertising campaign or creative and to ensure you have written approval from One Time Poker in relation to each and every advertising layout creative and to be able to evidence such approval upon request.

2.12           Loyalty Programs: You will not offer any rake-back / cash-back/ value-back or similar Programs, other than such Programs as are offered on the One Time Poker Websites.

2.13          Responsible Gaming: You are aware of One Time Poker’s ongoing commitment to responsible gaming and the prevention of gambling addiction and you will actively cooperate with One Time Poker to vary a responsible gaming message and reduce gambling addiction including (but not limited to) featuring such responsible gaming links, information or logos as required by One Time Poker on the Partner Website. You will not use any material or in any way target persons whom are under 18 (or older where you target a jurisdiction or territory where the minimum age to partake in gambling is greater than 18).

2.14         Illegal activity: You will not target any territory or jurisdictions where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. You will act legally and within the relevant and / or applicable law at all times and you will not perform any act which is illegal in relation to the Partner Program or otherwise.

2.15          Data Protection and Cookies: You shall at all times comply with the Data Protection Act 2001 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, all applicable legislation and/or regulations relating to the use of ‘cookies’ and will comply with all necessary notification procedures of the use ‘cookies’ to all visitors to the Partner Websites. You shall also comply with any other related or similar legislation. You also agree that we are able to process your personal information or your employee personal information in accordance with our Privacy Policy.

2.16          Cost and expense: You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Partner Agreement.

2.17          One Time Poker monitoring of Partner activity: You will immediately give One Time Poker all such assistance as is required and provide us with all such information as is requested by One Time Poker to monitor your activity under the Partner Program.

2.18          Commissions paid to the Partner incorrectly: The Partner agrees to immediately upon request by One Time Poker, return all Commissions received based on New Customers referred to One Time Poker in breach of the Partner Agreement or relating to fraudulent or falsified transactions.

Your rights
3.1            Right to direct new Customers: We grant you the non-exclusive, non-assignable, right, during the term of this Partner Agreement, to direct New Customers to such One Time Poker Website’s as we have agreed with you in strict accordance with the terms and conditions of the Partner Agreement. You shall have no claim to Commission or other compensation on business secured by or through persons or entities other than you.

3.2            License to use One Time Poker Intellectual Property Rights: We grant to you a non-exclusive, non-transferable license, during the term of this Partner Agreement, to use the One Time Poker Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Partner Website or in other such locations as may have been expressly approved (in writing) by One Time Poker. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the One Time Poker Intellectual Property Rights is limited to and arises only out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of any One Time Poker Intellectual Property Rights in any action or proceeding of whatever kind or nature and shall not take any action that may prejudice our rights in the One Time Poker Intellectual Property Rights, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the One Time Poker Intellectual Property Rights by any third party.

Our Obligations
4.1            We shall use our best endeavors to supply you with all such materials and information required for necessary implementation of the Partner Links.

4.2            At our sole discretion, we may register any New Customers directed to the One Time Poker Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.

4.3            We shall make available monitoring tools which enable you to monitor your Partner Account and the level of your Commission and the payment thereof.

4.4           We shall use and process any personal data of a Partner or any Partner employee in accordance with our Privacy Policy.

4.5            Subject to your strict adherence to the Partner Agreement, we shall pay you the Commission in accordance with Clause 6.

Our Rights and Remedies
5.1            In the case of your breach (or, where relevant, suspected breach) of the Partner Agreement or your negligence in performance under the Partner Program, or failure to in any way meet your obligations hereunder, One Time Poker and One Time Poker shall have (at One Time Poker and / or One Time Pokers’ sole discretion) the following remedies available:

(i)              the right to suspend (for up to 180 days) any Partner’s participation in the Partner Program for such period as is required to investigate any activities of the Partner that may be in breach of the Partner Agreement. During any period of suspension, payments of Commission will also be suspended;

(ii)             the right to withhold any Commission or any other payment payable or owing to the Partner arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Partner under the Partner Agreement which is in breach of (or otherwise not in accordance with) the Partner’s obligations under the Partner Agreement;

(iv)           the right to withhold and / or set off such monies as One Time Poker or One Time Poker deems reasonable from the Commission to cover any indemnity given by the Partner hereunder or to otherwise cover any liability of One Time Poker which arises as a result of the Partners breach of the Partner Agreement or the Partner’s negligent performance hereunder;

(v)             immediately terminate the Partner Agreement.

5.2            Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Partner Agreement and, in the event of a breach or threatened breach of any provision of the Partner Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Partner Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Partner Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Commission and Payment
6.1            Subject to your adherence with the provisions of the Partner Agreement, you will earn Commission in accordance with the Commission Structure on Net Revenue of New Customers referred by you to the One Time Poker Websites. We retain the right to change the Commission percentage and method of calculation of Commission as we wish in accordance with this clause 6. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. VAT shall be payable into the account of the Partner in addition to the Commission except where in terms of Maltese law it One Time Poker is who has to account for VAT in Malta in relation to the Partner Program (under reverse charge). In case of any change in the applicable VAT the Commission shall be adjusted so One Time Poker’s position remains not more onerous than prior to the change.

6.2            The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 15th of the following calendar month, provided that the amount due exceeds the “Minimum Threshold” of €100.  If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold, the next payout period.

6.3            Payment of Commissions shall be made through our Partner Wallet. Due to regulations under The Malta Gaming Authority, partners may be required for verification and ‘know your customer’ Documentation before a withdrawal can be accessed. If an error is made in the calculation of the Commission, One Time Poker reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Partner.

6.4            The Partner’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.

6.5            If the Partner disagrees with the balance due as reported, s/he shall notify One Time Poker within fifteen (15) days and state the reasons of the disagreement. Failure to notify One Time Poker within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.

6.6            The Partner may, at the sole discretion of One Time Poker, be provided with the opportunity to restructure its commission structure. Examples of alternative commission structures could include a Cost Per Acquisition (CPA) model. However, and for the avoidance of doubt, only one type of Commission Structure for the same product may be applied at the same time. Therefore, once a Partner accepts One Time Poker’s offer to apply a new commission structure, different to the standard Commission Structure detailed in the Partner Agreement, the Partner hereby agrees and understands that the new proposed commission structure shall replace his existing commission structure in its entirety. Notwithstanding the above, the Partner’s obligations assumed under the Partner Agreement will still continue to apply to the Partner even if a new commission structure is applicable.

6.7            The Partner shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under the Partner Agreement. One Time Poker shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Partner and the Partner shall indemnify One Time Poker in that regard.

7.1 Modification of terms and conditions
We may modify any of the terms and conditions contained in the Partner Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Partner Program rules. If any modification is unacceptable to you, your only recourse is to terminate the Partner Agreement. Your continued participation in our Partner Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.

7.2 Confidential Information and Publicity
During the term of the Partner Agreement, you may from time to time be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Partner Program (including, for example, the Commissions earned by you under the Partner Program). You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent. You also agree and that you will use the confidential information only for purposes necessary to further the purposes of the Partner Agreement. Your obligations in regard to the clause survive the termination of the Partner Agreement. You must not issue any press release or similar communication to the public with respect to your participation in the Partner Program without the prior written consent of One Time Poker (with approval of the exact content to also be approved by One Time Poker).

Term and Termination
8.1            Term: The term of the Partner Agreement will begin when you are approved as a Partner and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case the Partner Agreement will be terminated 30 days after such notice is given. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. For the avoidance of doubt, One Time Poker may also terminate (in accordance with Clause 5 above) upon immediate notice at any time for the Partners failure to meet their obligations under the Partner Agreement or otherwise for the Partner’s negligence.

8.2            Partner actions upon termination. Upon termination you must immediately remove all of One Time Poker banners/icons from the Partner Website and disable all Partner Links from the Partner Website to all One Time Poker Websites. All rights and licenses given to you in the Partner Agreement shall immediately terminate. You will return to One Time Poker any confidential information and all copies of it in your possession, custody and control and will cease all uses of all One Time Poker Intellectual Property Rights.

8.3            Commission: Upon termination of the Partner Agreement for any reason, all Commission relating to any New Customers directed to One Time Poker during the term shall not be payable to the Partner as from the date of termination. All monies earned by One Time Poker from such New Customers shall, as from the date of termination, be retained solely by One Time Poker.

Miscellaneous
9.1          Disclaimer: We make no express or implied warranties or representations with respect to the Partner Program, about One Time Poker or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the One Time Poker Partner Account system and the One Time Poker database, the database shall be deemed accurate.

9.2          Indemnity: You shall defend, indemnify, and hold One Time Poker, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any provision of the Partner Agreement, (b) the performance of your duties and obligations under the Partner Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and links or this Partner Program.

9.3.         Limitation of Liability: One Time Poker shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Partner Agreement or the Partner Program, even if we have been advised of the possibility of such damages.

9.4          Non-Waiver:  Our failure to enforce your strict performance of any provision of the Partner Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Partner Agreement. No modifications, additions, deletions or interlineations of the Partner Agreement are permitted or will be recognized by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to the Partner Agreement or its terms.

9.5          Relationship of Parties:  One Time Poker and the Partner are independent contractors and nothing in the Partner Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Partner Agreement.

9.6          Force Majeure:  Neither party shall be liable to the other for any delay or failure to perform its obligations under the Partner 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 casualty. If such 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 the Partner Agreement with immediate effect by providing a written notice.

9.7          Assignability: You may not assign the Partner Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, the Partner Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.


9.8          Severability:  Each provision of the Partner Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of the Partner 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 the Partner Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

10.1          English language: Where the Partner Agreement is translated into the languages, please be aware that the Partner Agreement was first drafted in English and where there is any conflict or discrepancy between the English language version and any other language, the English language version shall prevail.

10.2       Governing Law: The validity, construction and performance of the Partner Agreement and any claim, dispute or matter arising under or in connection to the Partner Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta. Each Party irrevocably submits to the Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with the Partner Agreement and/or its enforceability.

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