Joining Ellmount Entertainment LTD as an affiliate partner

Casino Room online casino is a brand that falls under Ellmount Entertainment LTD (hereinafter “Ellmount Entertainment”, which is a subsidiary to Ellmount Interactive AB incorporated in Sweden.
As an Affiliate to Ellmount Entertainment, You will be able to promote the mentioned brand and/or certain products and services in exchange for a commission.
To become an Affiliate, You must submit an application on Our Website.
If Your registration is accepted by Ellmount Entertainment, you will become an Affiliate and You will receive a Tracker ID linked to the Website.
The Agreement is applicable once You register and confirm Your details in the registration process on Our Website. The act of registering an account with us constitutes that you have read, understood and agreed to the agreement. By using Our website and the services that we provide, you agree that you have accepted and agreed to the contents of this agreement.

Definitions

Account: means the uniquely assigned account that is created for each Affiliate.
Affiliate: means a person (whether an individual or a company) who has registered and been accepted by Ellmount Entertainment as an Affiliate.
Affiliate Platform: means a technical tool selected by Ellmount Entertainment to record, register and monitor the Affiliate’s activities, business and the activities between Ellmount Entertainment and its Affiliates.
Affiliate site: A site that is operated by the Affiliate for the purpose of directing players to the operator.
Agreement: means these Terms and Conditions, Privacy Policy and, where applicable, any other contractual document concluded between the parties in relation to the Affiliate Network. For the avoidance of doubt, these Terms and Conditions shall supersede any other Terms and Conditions applicable to such contractual documents concluded between the Parties.
Applicable law: Entire laws, statutes, regulations, edicts, bye-laws, mandatory codes of conduct and mandatory guidelines, whether local, national, international or otherwise existing from time to time, which are legally binding on either party and which are applicable to that party’s rights or obligations under this agreement.
Balances Carried Over: In the calculation of commission where the net win is negative due to Customer winnings and/or Admin Fees and/or Cash Items and/or Progressive Contributions, the said balance will be set to zero. A negative balance due to Fraud costs will however be carried over where applicable.
Brand: This includes, but is not limited to, Casino Room and other online gaming brands being or becoming part of Ellmount Entertainment or Ellmount Interactive AB from time to time.
Commission: Means the compensation due to the Affiliate performance in accordance with this Agreement and further guidelines on the Website, Account or Affiliate Platform.
CPA: This is the one-time payment payable to the Affiliate for every New Customer provided on this type of payment plan as agreed to in writing by the Parties.
Hybrid/HD – (CPA + Rev Share): Aa combination of a one-time payment payable to the Affiliate for every new customer provided on this type of payment plan as agreed to in writing by the Parties and as part of this Agreement the Affiliate would also be eligible for a revenue share %
Group: Any and all of the companies forming part of Ellmount Entertainment and any and all companies associated with the Brands from time to time.
Fraud
Any form of fraud committed by an Affiliate and/or a Referred Player, which in Our sole opinion, is deliberately practised by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to:

• Chargebacks;
• Bonus abuse by a Referred Player or group of Referred Players;
• Your (or a third party’s) encouragement to a Referred Player to abuse Our bonus offers;
• Collusion on the part of the Referred Player with any other Referred Player;
• Your (or a third party’s) offering or providing unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up;
• Dropping or stuffing cookies; and
• A Referred Player holding multiple accounts.

Fraud Costs

The costs incurred (financial or otherwise) by Us as a direct or indirect result of Fraud committed by You, Your employees, Sub-Affiliates, business partners, Referred Players, and/or third parties linked to Your Affiliate Account to whom You, as an Affiliate, have introduced the Products.

Costs related to Fraud: Any costs or damages arising from fraudulent actions or fraud.

Data Protection Laws: means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC with national implementations as applicable (‘GDPR’) and as may be amended from time to time and also, where applicable, the guidance and codes of practice issued by any relevant supervisory authority or similar authoritative entity.

Gaming Authority: means, collectively, those international, federal, state, local, foreign and other governmental, regulatory and administrative authorities, agencies, commissions, boards, bodies, and officials responsible for or involved in the regulation of gaming or gaming activities or the ownership of an interest in any entity that conducts gaming in any jurisdiction.

Intellectual Property: Any and all intellectual property rights associated with Group and any and all of the brands, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, word marks, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.

Parties: means the Ellmount Entertainment and the Affiliate (each a “Party”).

Privacy Policy: means the terms and conditions set out in Exhibit 1.

Products: means the betting and gaming products offered by Ellmount Entertainment. This includes, but is not limited to, the Brand.

Referred Player/Customer: An individual who has, for the first time and in an appropriate manner, registered for an account with the Brands directly through the Affiliate Platform. For the avoidance of doubt, players who are already are customers at the Brands shall not be considered “Referred Players”. By opening an account with the Brand, any Referred Player will become the Brands customer and must comply with all the Brands applicable rules, policies, terms and conditions and operating procedures.

Restricted Territories: means any country, city, state, jurisdiction, or territory which the Ellmount Entertainment lists or define as territories not to direct traffic and/or players to.

Services: means the services provided by Us via Our Affiliate Platform.

Spam: means irrelevant or unsolicited messages sent over the Internet, typically to a large number of users, for the purposes of advertising, phishing, spreading malware, etc. Unwanted or intrusive advertising. This shall include not having needed opt-in or opt-out prior to sending any communications.

Sub-Affiliates: means an individual or legal entity engaged with the Affiliate for the intention of driving traffic to the Brand website.

Term: means the period from the date the Affiliate accepts the terms of this Agreement until termination of this Agreement as specified under Section TERM AND TERMINATION. Terms and Conditions means these Terms and Conditions, titled the “Ellmount Entertainment Affiliate Partner Terms and Conditions.”

Terms and Conditions means these Terms and Conditions, titled the “Ellmount Affiliate Partner Terms and Conditions”

Us/ We/ Our: means the Group.

Website: means the website of the Brand or any other website as may be directed by Us.

You/Your You in Your capacity as an Affiliate, and any Sub-Affiliates which You may engage pursuant to this Agreement.

Affiliate registration process

In order to use Our Services and Website, You must register as an Affiliate via Our Website. The registration form requires You to provide us with Your personal data. You are obliged to provide current, accurate and true information about Yourself when registering with us. Any actions to conceal, hide or change identity or use marketing methods in any way will result in penalties as per this agreement and potential closure of Your account.
Ellmount Entertainment will evaluate the application submitted and shall notify the Affiliate in writing if the application is accepted.
It is Ellmount Entertainment’s policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities or any illegal activities. Before accepting Your application, we will verify Your identity. You might be asked to prove Your place of residence and identity as a legal entity or as a natural person. When registering as a company, supporting documentation may include: a copy of the company’s certificate of incorporation; articles of association (or an equivalent document); duly approved corporate resolution; certificate of good standing; the power of Attorney; and information regarding the identity of the beneficial owners and directors of the Company applying. You might be asked to provide a passport/ID card copy and/or a recent utility bill. You agree to provide us with any supporting documents, which we may request from time to time.
We guarantee that such information provided to us is to ensure a safe environment and prevent any fraudulent, illegal activities. In any event that We believe contact information, personal details, or identity might be inaccurate or falsified, we reserve Ourselves a full right to suspend such account. We will not be providing due diligence documents or personal data to any third parties unless such request is required by applicable law or the Operators. We treat Your information and data as highly confidential, and we assure you that we handle such information in accordance with the Applicable laws and Our Privacy Policy.
Ellmount Entertainment reserves the right to refuse any registration at its sole and absolute discretion.

Affiliate’s rights

Upon acceptance as aforesaid, Ellmount Entertainment grant You a non-exclusive, non-transferable, revocable license or right, during the term of this Agreement, to use Our Services and direct potential Referred Customers to the Brand, in accordance with the terms of this Agreement.
You may terminate this Agreement as set out in Section TERM AND TERMINATION. You may do so by contacting us directly. Closure of account will result in no further payments being distributed.

Affiliate’s warranties and obligations

By applying to be registered as an Affiliate, you warrant the following:

• The information You provide Us with upon registration is complete, valid and truthful, as is any other information You provide thereafter during the term of this Agreement;
• In the event that You are not an individual, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such company/corporate entity/organisation;
• The execution of this Agreement by such individual, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound;
• That You have all requisites, legal and authoritative, to enter into this Agreement and to carry out and perform Your obligations under the terms of this Agreement;
• You shall comply with all Applicable Law and regulations (including data protection laws) related to the performance contemplated under this Agreement;
• You shall not make any claims, representations, or warranties in connection with Ellmount Entertainment or the Brands, and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement;
• Your performance of this Agreement shall not infringe the intellectual property rights or any other rights of any third party, including without limitation, right of privacy, right of publicity, contractual or other rights of any person, or constitute any libel or slander of any person;
• To provide, at any given point, both before Your appointment as an Affiliate as well as at any point during the duration of the Agreement, whether You are a company/corporate entity/organisation or an individual, upon Our request, any due diligence information, including but not limited to: proof of identity; proof of address; incorporation documents; company and/or group structure; verification documents regarding board members, directors, shareholders and beneficiaries; confirmation or otherwise of any political connections, sanctions, and adverse media; and any other corporate documents and/or certificates;
• You will not actively target any person who is under the legal age for gambling, according to Applicable Law in the jurisdictions where the Brands or Players are based;
• You will not actively target any jurisdiction where such promotions are illegal;
• Your performance will be professional, proper and lawful under applicable laws, in accordance with this Agreement and the Brands’ guidelines;
• You will keep yourself notified and updated on any legal changes and changes in the Terms and Conditions and other policies of the Brands to avoid any potential losses or disputes; and
• You shall not incentivise potential customers to sign up to casinos in order to share or benefit from a CPA, Hybrid payment, Affiliate race prize or any other source of remuneration, reward or incentive.

By agreeing to the Terms and Conditions You agree to provide Us with any reasonably requested information to carry out an investigation in accordance with compliance procedures which we carry out internally and according to law.
You are responsible for securing Your Account and not disclosing any information to third parties. Ellmount Entertainment is in no way responsible if a third-person accesses Your Account and if that may result in loss or for transactions made by unauthorised third parties.
The Account should only be operated by a legal representative of the Affiliate. If another representative is to receive access by the Affiliate, the Affiliate is aware that such representative will have the right to amend payment details or any other sensitive information within the Account. The Affiliate is therefore agreeing that he/she is to be held responsible for any changes affect by other instructed representatives. A legal representative is a person who has the legal authority to enter and accept on behalf of the company or personal account (such representation and authorisation must be made by a person who has actual authority to enter binding agreements on behalf of the Affiliate and has authority to manage the business of the Affiliate, being a director or having a power of attorney issued by the legal representatives of the company or the person in question).
You shall use Your best efforts to actively, effectively and compliantly direct potential Referral Players to the Brands as widely as possible in order to maximise the benefit to the Parties.
Your performance to refer potential players to the Brand is at Your own risk, cost and expense. You are solely responsible for the distribution, content, legality and manners of Your performance under this Agreement, while We solely are acting as an intermediary.

Ellmount Entertainment rights and obligations

Ellmount Entertainment reserves the right to:

• Close the Account if there is reasonable suspicion that the Affiliate is abusing or manipulating deals or competitions, or for any other reason which may be restricted from time to time by Ellmount Entertainment, authorities, the Brand and any other relevant parties.
• In its sole discretion, to refuse Referred Players (or to close their accounts), if necessary, in order to comply with any regulatory, legal or any Brands requirements that may arise.
• Delay and review any payments should there be any suspicion of false or fraudulent traffic – especially relating to CPA deals and monthly promotions.
• Amend, alter, delete, interlineate or add to these Terms and Conditions at any time and at Our sole discretion by posting a change notice or a new Agreement on Our Website. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available fees, fee schedules, payment procedures, and referral programme rules. Any amendments, alterations, deletions, interlineations or additions to these Terms and Conditions shall be effective immediately upon notice, by display on the Website and/or on Cellxpert (‘Notice’) and shall supersede all previous versions. Your use of the Website and our Services directing potential Referral Players to use the Brand Products after such Notice is given to You will be deemed as the acceptance of such amendments, alterations, deletions, interlineations or additions, or the new Agreement should these Terms and Conditions be replaced in their entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version. Please note that no purported modifications, amendments, alterations, additions, deletions or interlineations of this Agreement by You are permitted or will be recognised by Ellmount Entertainment. No employees, officers, representatives or agents of Ellmount Entertainment the Group may verbally alter, modify or waive any provision of this Agreement.

Ellmount Entertainment may monitor the Affiliate and its sources in order to ensure the Affiliate’s compliance with the terms and conditions of this Agreement, and the Affiliate shall provide Ellmount Entertainment with all data reasonably requested in order to perform such monitoring.
Ellmount Entertainment will pay the Affiliate the payment due thereto as calculated pursuant to Section COMMISSION AND PAYMENTS of this Agreement, which amount shall be dependent on the Referred Players.

Commission and payments

The Commission is Calculated dependent on the reward plan agreed on.
The Commission is calculated at the end of each month, and payments shall be made on a monthly basis in arrears, no later than the 20th of the following calendar month, provided that the amount due exceeds $100 (hundred dollars). In instances there may be delays in the payments due to inspections rendered by the company, missing information or extraordinary decisions taken by the management.
If the amount is below $100, the amount will be transferred over to the next month, or until the $100 threshold has been met.
Ellmount Entertainment has wide discretion to take extraordinary decisions regarding payments when it on reasonable grounds suspects illegal activity. In the case where an account is not authorised either or by means of due diligence documentation not provided by the Affiliate or in the case of suspicion of fraudulent or incorrect trading through Ellmount Entertainment, We as a company have the right to take the, but not limited to, following actions:

• Pause payments due to suspicion of fraudulent or illegal activities carried out by the Affiliate;
• Transfer the payment over to the next month due to un-submitted documentation; and
• Cancel the payments attributed to the Affiliate due to illegal, prohibited or fraudulent activities.

7.5 In the case of extraordinary legal changes or decisions taken by the Brands, which may arise to a monetary effect on the Affiliate’s account held with Ellmount Entertainment, the Affiliate will indemnify the company on any potential losses. Ellmount Entertainment will advise the Affiliate on the reasons for such losses. Ellmount Entertainment repeats to the Affiliate, that the Affiliate will keep himself notified and updated on any legal changes and changes in the Terms and Conditions and other policies of the Brand to avoid any potential losses or disputes. Ellmount Entertainment is not responsible for the actions and non-payment of the Operators.
Affiliates will be required to enter their payment information on their Account to ensure that the payments are processed on time (only Affiliates are responsible for such information and the validity of it).
The base currency, when registering with Ellmount Entertainment, is Euro.
A new depositing Player that blocks himself because of responsible gaming reasons, within the same calendar month as they trigger a CPA, may be excluded from the CPA or Hybrid deal. In that case, the Revenue share part of the Hybrid deal will remain, and for CPA affiliates, a flat 30% Revenue share deal will be applied.
A new depositing Player that triggers a CPA 6 months or later after signing up may be excluded from the CPA or Hybrid deal. In that case, the Revenue share part of the Hybrid deal will remain, and for CPA affiliates, a flat 30% Revenue share deal will be applied.

Spam, parasites, adware, spyware, etc.

By accepting the Terms and Conditions, you explicitly agree that You will not use Adware, Spyware or any other method of manipulating traffic to generate such traffic. You are bound by this Agreement not to use the practices such as, but not limited to: Spamming, SMS/Text Messaging, Pirated Content locking, and Social Phishing/Spamming.
Ellmount Entertainment has zero-tolerance for sending spam and unsolicited emails, and Ellmount Entertainment furthermore prohibits the use of third-party, purchased, rented, or harvested lists. Any Affiliate found to be sending spam will be closed immediately and subjected to possible legal action.

Marketing materials

Ellmount Entertainment will make a realistic effort to provide correct and accurate marketing materials to the Affiliate for the Brand offered.
Ellmount Entertainment will not be liable for any incorrect advertising materials created by the affiliate without prior consent from Ellmount Entertainment, or any materials that are out of date at the time of publishing.
The Affiliate needs to keep in mind that advertising materials may expire, therefore the Affiliate should closely monitor any changes in the advertising materials. If such material is expired, the Affiliate is to remove such material. The usage of expired materials may result in inaccurate advertisement possibly leading to complaints, loss of revenue and legal consequences.
The Affiliate will not use the provided materials on controversial, rude, or adult-themed websites, and if found to be doing so, Ellmount Entertainment reserves the right to request the removal of all materials and close the Affiliate account, where necessary.
Affiliates may only advertise on approved websites depending on guidelines provided by the Brands to Us and cannot use adult/torrent/incentivised/pop-ups unless explicitly agreed with Us.

Intellectual property

The Affiliate agrees to comply with intellectual property laws and not infringe any brands or the Brand rights. The Affiliate understands and agrees not to purchase or register/bid keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to the Brand. Ellmount Entertainment will, when available, provide lists of such keywords, nevertheless the Affiliate is solely responsible for carrying out its activities diligently. Moreover, in cases of pay-per-click advertising (“PPC”), the Affiliate shall not include meta tag keywords in PPC promotions that are identical or similar to any trademarks or trade names of the Brands or their operated brands. Affiliate shall not include the brand name or any word similar to the name/domain name of the Brands websites or any other websites or applications owned and/or operated by the Brands or any brand that Affiliate is promoting through Ellmount Entertainment.
Affiliate explicitly agrees to comply with all legal requirements and all marketing laws in different jurisdictions. The Affiliate at all times shall include information about Terms and Conditions applicable to promotion (with a link to Terms and Conditions where applicable) any other reasonable gambling requirements depending on jurisdiction (eg. “18+” or references (hyperlinks) to responsible gambling websites).
Affiliate is solely responsible for adhering to all legal requirements while confirming Us being an intermediary. Ellmount Entertainment closely monitors Affiliate websites and might request to implement necessary changes and the Affiliate is obliged to do so, the defiance by the Affiliate may lead to temporary or permanent suspension of the account.

Term and Termination

The term of this Agreement will commence on the date of approval by Ellmount Entertainment of Your registration in accordance with Section AFFILIATE REGISTRATION PROCESS and shall continue until terminated on notice by either Party.
We may terminate this Agreement at any given time, without assigning any reason thereto, with such termination being effective immediately. The affiliate may terminate this Agreement at any given time, without assigning any reason thereto, by providing Ellmount Entertainment with at least thirty (30) days’ notice in advance. For the purposes of notification of termination, either Party shall notify the other in writing, and notification via e-mail will be considered as a written form of notification and the Agreement shall terminate accordingly.
In the event of termination of this Agreement for any reason, You will return to Us any confidential information and/or customer information, and all copies of it in Your possession, custody and control and You will cease all use of any Intellectual Property and of any marketing material We have supplied you. You will take immediate steps to transfer ownership to Us of any derivative URL established by You, at a cost to Us not exceeding that incurred by You in registering the derivative URL, but not the costs incurred in developing the derivative URL. You and Ellmount Entertainment and Our electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate You from any liability arising from any breach of this Agreement that occurred prior to termination and shall not affect or limit in any way Our rights pursuant to Section INDEMNITY, DISCLAIMERS AND hereof. You will only be entitled to unpaid Commission (if any) earned by You on or prior to the date of termination. However, if You have committed a breach of this Agreement, You shall not be entitled to any unpaid Commission generated after the breach occurred, irrespective of whether this Agreement has been terminated or otherwise until such breach is remedied. Upon termination of the Agreement, you will not be entitled to any Commission generated relating to any Referred Players directed to the Operators, and all monies earned by the Group from such Referred Player shall be retained in whole by the Group. Ellmount Entertainment may withhold the final payment for up to three (3) months to ensure that the correct amount has been calculated and paid. If We continue to permit activity (generation of revenue) from Referred Customers after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.

Indemnity, disclaimers and limitation of liability

Indemnification

You shall defend, indemnify, and hold US and Our electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:

• Any breach by You of any warranty, representation, or provision contained in this Agreement;
• The performance of Your duties and obligations under this Agreement;
• Your negligence;
• Any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorised use of Our banners, copies and link
• All claims, damages, and expenses (including and not limited to attorneys’ fees) relating to the development, operation, maintenance, and contents of Your site; or
• Any proceedings, penalties or sanctions imposed by the relevant authorities as well as any costs and expenses of legal representation, attorney’s fees incurred in relation to, arising out of or resulting from any breach or non-compliance, non-performance of this Agreement or any part thereof, or non-compliance with Applicable Law.

We make no express or implied warranties or representations with respect to the Affiliate Network, Our Services or payment arrangements (including, without limitation, their functionality, warranties of fitness, product ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our Websites (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.

Liability

Your liability, whether under contract, tort or otherwise (including any liability for negligent act or omission), shall not be in any manner excluded or limited and shall include, without limitation, also any liability for any indirect and consequential damages incurred by Ellmount Entertainment or the Group including loss of profits, revenue, business, contracts, anticipated savings.
For the avoidance of doubt, you shall also be solely liable towards Us for breaches of this Agreement by Your Sub-Affiliate or any sub-contractors or third parties You engage.
We will not be liable for any damages whatsoever, including direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Network or the Services, even if We have been advised of the possibility of such damages.
Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, employees, representatives, consultants, agents or shareholders.

Remedies

Ellmount Entertainment rights and remedies in these Terms and Conditions shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision.
You acknowledge that if You have committed a breach of this Agreement, or if We are not satisfied with the information You are required to provide to us in terms of this Agreement, We may without prejudice to any other right available:

• immediately suspend Your Account; and/or
• in Our absolute discretion, not pay You any funds due to You as Commission.

We further reserve the right to report You to the relevant authorities should We, in Our absolute discretion, determine that We are obliged to do so in compliance with Applicable Law.
You acknowledge that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the Parties may be enforceable by specific performance, injunction, or other equitable remedies.
Nothing contained in this Agreement shall limit or affect any of Our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it is the intent of this provision to make clear that the enforcement of Our respective rights and obligations shall not be limited in any way.
The rights and remedies outlined in this Section, and in this Agreement, may be exercised against any or all of Your multiple accounts at Our sole discretion.

Data protection laws

Both parties agree to be fully compliant according to GDPR and any other applicable privacy laws. Each party oversees its respective privacy policies and practices to visitors to their websites.
You agree and acknowledge that by engaging with Us and using the Services We provide under this Agreement, that You are compliant with GDPR and all applicable data protection regulations. We have the right to, at any time during Our business relationship and You having an Account with us, request from You any and all proof necessary to demonstrate Your compliance with the applicable Data Protection Laws. Such proof would be requested in writing.
You agree not to collect data without a legal basis to do so. You are obliged under this agreement not to collect or use any personal data that may conflict with GDPR or any applicable Data Protection Laws. You fully agree that You have implemented a Privacy Policy and that You respect Ours.
You agree and determine that You only process data provided to You only to the extent and in such a manner as is necessary to provide services to Ellmount Entertainment under this Agreement and shall not use the personal data for any other purpose. You agree under these Terms and Conditions that You have taken all technical and organisational measures against unauthorised or unlawful processing of personal data.
You are obliged to inform Us without any delay if any unauthorised or unlawful processing of personal data took place.
You are obliged to delete all personal information or user data if You have received such written request either by a company or by a person. In case You receive a request for deletion of information and such information has been shared with Ellmount Entertainment or the Brands through any means, You as an Affiliate are to advise if the person requesting the deletion is also referring to us and the Brand involved.
If You conduct direct marketing to players/customers via emails, SMS or telephone messages, then You need to ensure that You have the proper consent from the recipient and be able to provide proof of such consent. The Affiliate owns and is able to demonstrate upon request clear records evidencing individuals consent which shall include (with no limitations):

• The method the consent was obtained (including the full name of the website or publication through which the opt-in was obtained);
• A clear record of time and date when the opt-in was made;
• A clear reference to betting and gaming activities/promotion and the company promoted;
• Own details of the checks and technological specifications that data owned by the Affiliate is held safely, fairly and lawfully;

Any breaches of applicable Data Protection Laws and regulations will result in possible closure of Your Affiliate account and loss of commissions. Any suspicious activities or fraudulent work can be reported to the respective authorities without prior notice.

Privacy

You agree and acknowledge that You are a committed member of the online community and respect Our Privacy Policy and those listed by our Brands.

Confidentality

You agree not to disclose any confidential information that would come to Your attention during Our services provided to You.

Assignment of rights

We leave sole discretion to us to assign this Agreement. You are not allowed to transfer or delegate any of Your rights to other parties if You haven’t received consent from us. We leave Ourselves a right to terminate this Agreement immediately if You try to do so, without prior consent and notification.

Applicability

This Agreement constitutes the entire agreement between You and Ellmount Entertainment. This Agreement supersedes and replaces all prior agreements, may it be written or oral. Failure by either party to enforce any provision of this Agreement cannot be seen as a waiver of future enforcement of any other provision.

Changes to this agreement

Ellmount Entertainment reserve the right to change the Terms and Conditions at any time without prior notification. You are strongly advised to review this Agreement often. We might inform You by email or any other notification that we might see as beneficial to You and us.

Severability

All clauses in this Agreement should be considered as separate and severable from each other. If any clause is deemed or announced as void, invalid, or unenforceable for any reason whatsoever, the remaining clauses shall remain in full force and effect.

Queries and complaints

In case of a complaint or an issue, kindly contact us directly at affiliates@ellmountgaming.com

Governing law and juristiction

This Agreement is governed by and in accordance with the laws of Sweden shall have exclusive jurisdiction in all matters relating to this Agreement and the Group.
The Affiliate is to also take into consideration any governing law which may be in force within the Brand’s jurisdiction and the players jurisdiction.
The Affiliate is to also ensure that any promotional material and operational dealings are in accordance with variance Gaming Authority in any of the above jurisdictions.