Affiliate Agreement

Note: This is an English translation of the Affiliate Terms and Conditions of Corona Ltd. The Spanish version of the Affiliate Terms and Conditions must be considered the original and valid ones. In the case of any discrepancy or possibility difference in interpretation the Spanish version prevails.

HAVING NOTED THAT:

- Corona Ltd. (hereinafter referred to as 'Casino Claro’) has entered into an Agreement for the Shared Conduct of a Gaming Business with Euro Gaming NV (hereinafter referred to as Euro Gaming) for the operation and provision of online gaming services under the “Casino Claro” and “Casino La Sal” brands through the websites casinoclaro.com and casinolasal.com;
- Euro Gaming is responsible for the management of the affiliate program through which affiliates can easily promote the Services provided on the websites casinoclaro.com and casinolasal.com to their visitors;
- the Affiliate has indicated that he/she wants to make use of the affiliate program;
- Euro Gaming and the Affiliate wish to determine their mutual obligations and responsibilities with regard to the affiliate program by means of this agreement


THE FOLLOWING HAS BEEN AGREED:

1. Definitions
The following terms shall have the meanings defined below, both in the singular and the plural, when written with a capital letter.

Affiliate Site: the Affiliate's website(s), from where a link has been placed with permission from Euro Gaming, as duly authorized by Casino Claro;
Services: the various services in the field of online gaming available on the websites casinoclaro.com and casinolasal.com, including the provision of online games of chance on the websites casinoclaro.com and casinolasal.com;
Link: a link or any other electronic connection that directs Internet users (when they click through) to the casinoclaro.com or casinolasal.com website, including any promotional text on the Affiliate Site;
Gaming Result: deposits made minus transaction costs, withdrawals and change of balance in player’s account.
Agreement: this agreement.

2. Appointment as an Affiliate
2.1 Euro Gaming, as duly authorized by Casino Claro, hereby names the Affiliate as one of her Affiliates, and the Affiliate accepts this appointment.
2.2 Euro Gaming, as duly authorized by Casino Claro, will make the Link available that the Affiliate can place on his/her Affiliate Site. Visitors to the Affiliate Site can use this Link to get only to the casinoclaro.com or casinolasal.com websites.
2.3 The Affiliate shall always make it clear that he/she is acting as an independent, separate party. This Agreement shall not be deemed to create any form of legal relationship that goes beyond the rights and obligations that the Parties accept with respect to each other within this Agreement. In particular, although not limited to these, this Agreement shall not be deemed to create any joint venture, agency or employment relationship.
2.4 The Affiliate is not authorized to make agreements on behalf of Euro Gaming and/or Casino Claro or to accept or take on obligations or liabilities on their behalf with respect to third parties.

3. Rights of use
3.1. Insofar as required for the purposes of carrying out this agreement, Euro Gaming, as duly authorized by Casino Claro, grants the Affiliate a non-exclusive and non-transferable right to use the Link and the ”Casino Claro” and/or “Casino La Sal” name, including the associated logos, for the duration of the Agreement. The only rights that are granted to the Affiliate are those inherent to this contract. It is prohibited to the Affiliate to sub-license third parties.
3.2. When making use of the said rights, the Affiliate shall take into account all instructions, directions and regulations given by Euro Gaming.

4. Affiliate's obligations
4.1. The Affiliate is responsible for placement and presentation of the Link.
4.2. The Affiliate shall do his/her utmost to draw attention actively and effectively to the Link and to the Services.
4.3. If the Affiliate places information about the Services on the Affiliate Site, he/she shall ensure that such information agrees with the information on the casinoclaro.com and/or casinolasal.com websites.
4.4. The Affiliate shall refrain from statements and behavior that could be disadvantageous for the reputation of and the good will towards Euro Gaming, Casino Claro, casinoclaro.com and/or casinolasal.com websites.
4.5. The Affiliate shall bear all costs associated with his/her own promotional activities for the Services.
4.6. The Affiliate shall not place any unlawful, criminal, illegal or immoral information on the Affiliate Site and shall not engage in advertising that:
- implies that remote gaming promotes or is required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems;
- contains endorsements by well-known personalities that suggest remote gaming contributed to their success;
- is specifically directed at individuals under eighteen years of age;
- exceeds the limits of decency.
4.7. The Affiliate shall not participate in any activities that infringe the intellectual property rights or other rights of third parties, or that are unlawful or punishable by law. This includes, but is not limited to, the following activities:
- infringement of copyright on protected works or other activities incompatible with the intellectual property rights of third parties;
- publication or distribution of child pornography;
- publication or distribution of offensive, violent, discriminatory or otherwise illegal content.
4.8. If the Affiliate receives username and password as part of the affiliate program of Casino Claro, then he/she should keep these safe and use them carefully. If theft of the username and password is suspected, the Affiliate must report this immediately to Euro Gaming, so that Euro Gaming can cancel the Affiliate's account or take other appropriate measures. The Affiliate is responsible for all damages suffered by Euro Gaming and/or Casino Claro, resulting from misuse or theft of the username and the password.

5. Rights and obligations of Euro Gaming
5.1. Euro Gaming reserves the right to offer the Services, in collaboration with Casino Claro, in any form and to modify or cease to provide (part of) its Services at any moment it sees fit without prior permission from the Affiliate.
5.2. Euro Gaming shall inform the Affiliate if it decides to make strategic alterations to its policy.
5.3. Euro Gaming cannot guarantee unrestricted accessibility for the casinoclaro.com and/or casinolasal.com websites, nor that it shall be possible to make uninterrupted used of the Services.

6. Remuneration and Payment
6.1. The remuneration for the Affiliate is based on a percentage of the Gaming Result achieved from customers using the Services who have arrived at casinoclaro.com or casinolasal.com via the Link on the Affiliate Site concerned.
6.2. A customer is regarded as having been provided through the Link on the Affiliate Site if they arrived at the casinoclaro.com or casinolasal.com website through the Link on the Affiliate Site during the 24 hours preceding their registration and if they did not arrive at the casinoclaro.com or casinolasal.com website concerned in the intervening period by means of a link on a site belonging to other Euro Gaming affiliates.
6.3. The actual remuneration consists of a percentage of the monthly Gaming Result from the customers concerned, who use the Services and arrived by means of the Link on the Affiliate Site concerned.
6.4. This percentage can rise through a series of bands to a maximum of 35% of the Gaming Result as stated in clause 6.8 of this Agreement.
6.5. The total remuneration owed by Euro Gaming to the Affiliate shall be calculated on a monthly basis and shall be paid within 6 weeks of the end of that month. If the remuneration is less than € 50 per month, the payment shall be held back until it has accumulated to more than € 50.
6.6. A detailed specification shall be provided along with the remuneration, based on the Gaming Result from the customers attracted, corrected by charge backs and/or credits to casinoclaro.com and/or casinolasal.com customers.
6.7. The remunerations as covered in this article shall be calculated based upon the payments that Euro Gaming and Casino Claro have actually received from their clients.
6.8 In the registration process, the Affiliate will have to choose between the remuneration calculation methods that are displayed. This choice cannot be modified during the duration of this Agreement.

Method A: The remuneration is calculated as a percentage of the monthly Gaming Result generated by the customers who have arrived at casinoclaro.com or casinolasal.com via the Affiliate Site concerned since the beginning of the Agreement.

Remuneration scheme for method A:

Method B: The remuneration percentage for a certain month is determined by the number of New Players generated by the Affiliate in that month, this percentage is applied to the monthly Gaming Result generated by the customers who have arrived at casinoclaro.com or casinolasal.com via the Affiliate Site concerned since the beginning of the Agreement.

Remuneration scheme for method B:

“New Players” are defined as those customers that have registered at casinoclaro.com or casinolasal.com during the month on which the calculation is made, and have received a welcome bonus that has not been reclaimed by Casino Claro. Notwithstanding its other rights, Casino Claro can reclaim a bonus after the calculation for a certain month has been made.

New Players, customers and/or Gaming Revenue belong to the original account of the Affiliate and cannot be passed on, or transferred by any means.

7. Changes to terms and conditions and to rates
Euro Gaming retains the authority to change the terms and conditions of this agreement and the remunerations. Euro Gaming shall not bring such changes into effect less than two months after having informed the Affiliate about them in writing or by email. If the Affiliate does not agree to any such change, he/she has the right to terminate this Agreement, either in writing or by email, from the date that the change comes into effect.

8. Intellectual property rights and domain names
8.1. All intellectual property rights (taken to include but not to be limited to the brand name, rights of authorship, databank rights with respect to the Link, the casinoclaro.com and casinolasal.com websites and/or anything else related to the Services in any way) shall reside with Euro Gaming and/or Casino Claro, as the case may be, and/or its suppliers and license providers. Nothing in this Agreement shall be deemed to involve any form of transfer of any intellectual property rights to the Affiliate.
8.2. The Affiliate is not permitted to delete or alter any indications concerning the intellectual property rights mentioned in the previous paragraph.
8.3. The Affiliate shall refrain from directly or indirectly registering or requesting legal protection for the intellectual property rights mentioned in paragraph 1 of this article or for any rights deriving from them such as domain names, and shall also refrain from any other activities that could be damaging to the said intellectual property rights and/or the Services.

9. Confidentiality
The parties acknowledge that they will acquire confidential information about each other as part of this Agreement. The parties will not disclose these confidential details. The parties shall not make these details publicly available and/or reproduce them at any time during the lifetime of this Agreement or after termination of this Agreement without the prior written permission of the other party.

10. Liability
10.1. The Affiliate is entirely responsible and liable for the content, development, and maintenance and functioning of the Affiliate Site.
10.2. The Affiliate declares that he/she possesses all the permits, licenses, etc. required for the normal and lawful running of the business and that he/she is compliant with all the legal stipulations for exploiting his/her website and carrying out his/her obligations deriving from this Agreement.
10.3. The Affiliate absolves Euro Gaming of all claims made against Euro Gaming relating to obligations that could reasonably be seen as being related to this Agreement that result from shortcomings on the part of the Affiliate or any third party acting on his/her behalf.
10.4. Euro Gaming is never liable for direct and/or indirect damages as a result of the casinoclaro.com, casinolasal.com and/or anything related in any way to the Services or the Link not working properly and/or without interruptions. Such damages shall be taken to include consequential damages and loss of revenue due to the net returns being less than anticipated or zero.
10.5. Euro Gaming is only liable for direct damages as a result of deliberate action or gross negligence on its part. The total liability can never exceed the total amount that the Affiliate has received up to that point from Euro Gaming deriving from this Agreement, with a maximum of € 25,000 (twenty-five thousand Euros).
The following are considered to be “direct damages”:
a) reasonable cost to determine the cause and size of the damage;
b) reasonable cost, already paid, in order to answer to the possible poor performance of Euro Gaming and/or Casino Claro;
c) reasonable cost, made to prevent or limit the direct damages, to the extent that the Affiliate can proof that these costs has led to limiting the direct damage;
all other damage, which is not subject to the above mentioned definition of direct damage, will be considered as “indirect damage”.

11. Duration and termination
11.1. The Agreement comes into effect from the moment that Euro Gaming has accepted, through e-mail or any other written means, the request of the Affiliate to participate in the Affiliate program and will have a minimal duration of one year. With exception of the reasons mentioned in clause 11.3, cancellation at intermediate points within the period of the first year is not possible. After this period, the Agreement shall be automatically extended with a period of one year after the ending of each year, unless one of the Parties terminates the Agreement by registered letter, allowing for a notice period of three months.
11.2. Notwithstanding its other rights, Euro Gaming has the right to terminate the Agreement if the Affiliate, after having received a proper written notice of default allowing for a reasonable period for correction of the shortcoming, can be held accountable for shortcomings in the actual obligations deriving from this agreement.
11.3. Euro Gaming has the right to cancel the Agreement partially or in its entirety with immediate effect and without a written notice of default if:
- the Affiliate has requested a suspension of payments;
- bankruptcy has been requested or declared for the Affiliate;
- the Affiliate's activities have a negative effect on the good will or reputation of Euro Gaming, Casino Claro, casinoclaro.com and/or casinolasal.com;
- the Affiliate is no longer promoting the Services using the Link or by any other means;
- the Affiliate is in any way involved with the (unrequested) initiation of any form of commercial communication (spam) by means of email, fax, SMS, MMS, post or other means.
11.4. When the Agreement is cancelled on grounds other than those covered by paragraphs 2 and 3 of this article, the Affiliate shall receive the remuneration described in article 6 of this Agreement for a period of 4 months.
11.5. When the Agreement is cancelled for any reason whatsoever, the legal rights of use as described in article 3 are terminated. The Affiliate shall remove the Link and the casinoclaro.com and/or casinolasal.com brand name(s), including associated logos, from the Affiliate Site without delay.

12. Miscellaneous
12.1. The Agreement contains the correct and complete version of the agreements made between the Parties and replaces all earlier agreements made in any way whatsoever with respect to the Affiliate program.
12.2. All modifications and additions to the Agreement can be made through e-mail, as long as they have been accepted by both Parties.
12.3. If any stipulation from the Agreement is deemed to be unlawful, invalid or otherwise unenforceable, then the Parties shall by mutual agreement produce a new stipulation that approximates the content and intention of the old stipulation insofar as this is possible, without itself being unlawful, invalid or otherwise unenforceable.
12.4. The Affiliate is not authorized to transfer any of his/her rights or obligations deriving from the Agreement to a third party without prior written permission from Euro Gaming.
12.5 In the event of the termination of the Agreement for the Shared Conduct of a Gaming Business in place between Euro Gaming and Casino Claro, Euro Gaming shall, immediately with effect from the date of termination of the said Agreement for the Shared Conduct of a Gaming Business (hereinafter the “Relevant Date”), transfer the rights arising thereto in terms of this Agreement to Casino Claro which, in consideration there for, will assume the obligations arising to Euro Gaming in terms of this Agreement. The Affiliate hereby irrevocably consents to the said assignment of rights and obligations by Euro Gaming to Casino Claro and undertakes to recognize Casino Claro as the new counterparty to this Agreement with effect from the Relevant Date.

13. Applicability in law and jurisdiction
13.1. The Agreement and any disputes arising from it shall be handled under Maltese law.
13.2. All conflicts arising from the Agreement or related to it shall be dealt with exclusively by the competent legal authorities in Malta in the case that the Affiliate decides to make a claim to Euro Gaming.
13.3 In the case that Euro Gaming decides to make a claim to the Affiliate, Euro Gaming has the choice of making the claim in the Maltese jurisdiction or in the country of residence of the Affiliate.

Affiliate registration form