“Shotzaffiliates” means the name of the Affiliate Program which is owned and operated by the Company.

“Shotzaffiliates Account Manager” means any employee of the Company who is authorised and responsible for managing the business relationship between the Company and the Affiliate.

“Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.

“Affiliate Application” means the application form available at https://www.Shotzaffiliates.com, which serves as the means for the Affiliate to apply for participation in the Affiliate Program.

“Affiliate Program” means the collaboration between Shotzaffiliates and the Affiliate whereby the Affiliate promotes the Shotzaffiliates Brand(s) and creates Links from the Affiliate Website(s) to the Shotzaffiliates Brand(s). In return, the Affiliate is eligible to receive a commission, as defined under this Agreement, based on the traffic directed to the Shotzaffiliates Brand(s), subject to the Terms of this Agreement and the applicable Commission Structure.

“Affiliate Website(s)” means one or more website(s) on the Internet which are maintained and operated by the Affiliate.

“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, (iii) the Privacy Policy, and (iv) any additional regulations and/or guidelines provided by Shotzaffiliates, the Company, or its Brand(s) that are communicated to the Affiliate from time to time, by giving prior 14 days’ written notice to the Affiliate on the email address registered by the Affiliate.

“Shotzaffiliates Brand(s)” means Shotz and any other brand(s) operated by the Company and promoted by Shotzaffiliates.

“Commission Structure” means the commission structure contained under Article 21 below or any specific commission structure expressly agreed between the Company and the Affiliate.

“Commission” means the percentage of the Net Revenue, or fixed amounts generated through CPA, or a mix of the two, as set out in the Commission Structure.

“Confidential Information” means any information of commercial or essential value for any of the Parties 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 the Brand(s), technology, marketing plans and manners of operation.

“Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, 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.

“Links” means Internet hyperlinks from the Affiliate Website(s) to the Shotzaffiliates Brand(s).

“Customer” means an individual that has created and verified a new player account, registering directly after having been referred from the Affiliate Website(s) to the Shotzaffiliates Brand(s); has made a first deposit amounting to at least the applicable minimum deposit at the Shotzaffiliates Brand(s) in the Shotzaffiliates Brand(s) betting account in accordance with the applicable terms and conditions of the Shotzaffiliates Brand(s), but excluding the Affiliate, its employees, relatives and/or friends; and is not already in Shotzaffiliates’s customer database.

“Net Revenue” has the meaning attributed to it in Article 21. Net Revenue is calculated daily and combined into monthly Net Revenue.

“Admin Fee” includes, however, is not limited to the license fee, game provider fee, platform fee, transaction costs and other cost of services sold.

“Bonuses” in this case means paid bonuses to the customer, not granted bonuses. The difference is that a paid bonus is a type of bonus money where the customer has actually reached the wagering requirement and/or has received the funds on his/her real money wallet.

“Gambling tax” is money paid in the form of betting duties or taxes payable by the operator to the authorities, not including corporate income tax or equivalent. The gambling tax does solely apply to revenues being generated from within the relevant jurisdictions and will be charged at the given rate of taxation of the respective gambling authorities.

“Company” means Far Up Entertainment N.V., a company registered in accordance with the laws of Curaçao under Registration No. 63294, Address: Scharlooweg 39, Willemstad, Curacao. Far Up Entertainment N.V. is licensed to conduct online gaming operations by the Government of Curacao under license 365/JAZ, sub-license GLH-OCCHKTW0705042023

“Parties” means Shotzaffiliates and the Affiliate (each a “Party”).

“Privacy Policy” means each Shotzaffiliates Brand’s privacy policy, which can be found on the respective website operated by the Company.

“Restricted Jurisdiction” means any jurisdiction which may be communicated to the Affiliate by Shotzaffiliates from time to time.

Shotzaffiliates is in the business of marketing, logistical and general support services in connection with remote gaming. The Company licensed by the government of Curaçao inter alia to assume responsibility for the advertising, marketing and promotional aspects of the online gaming business carried out on Shotzaffiliates Brands and as part of this function Shotzaffiliates is operating the Affiliate Program.

The Affiliate maintains and operates one or more Affiliate Website(s) on the internet, and/or refers potential customers to Shotzaffiliates Brands through other channels.

This Agreement governs the Terms which are related to the promotion of Shotzaffiliates Brands by the Affiliate, whereby the Affiliate will be paid a commission as defined in this Agreement depending on the traffic sent to Shotzaffiliates’s Brands and as subject to the Terms in this Agreement.

The definition of the term “Net Revenue” can be found within Article 21 of the Terms. In case of an introduction of another product, or group of products in the future, Shotzaffiliates reserves the right to use an individual definition of the term “Net Revenue” for each product.

We shall evaluate the Affiliate Application hereby submitted and shall inform the applicant in writing (email) whether the membership is accepted or not. We reserve the right to refuse any registration in its sole and absolute discretion.

The Affiliate hereby warrants that he/she:

• is of legal age in the applicable jurisdiction in order to agree to and to enter into an agreement;
• is competent and duly authorized to enter into binding agreements;
• the Affiliate maintains and operates one or more websites on the internet (hereinafter collectively referred to as “Affiliate Website”);
• is the proprietor of all rights, licenses and permits to market, promote and advertise the Brands in accordance with the provisions of this Agreement;
• will comply with all applicable rules, laws and regulations in correlation with the promotion of the brands;
• fully understands and accepts the Terms of the Agreement.

We shall provide the Affiliate with all required information and marketing material for the implementation of the tracking link.

We shall administer the turnover generated via the tracking links, record the net revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.

The Company shall pay the Affiliate the amount due depending on the traffic generated subject to the Terms of this Agreement.

The Affiliate hereby warrants:

• to use its best efforts to actively and effectively advertise, market and promote Shotzaffiliates Brands as widely as possible in order to maximize the benefit to the parties and to abide by the guidelines of Shotzaffiliates as they may be brought forward from time to time and/or as being published online.
• to market and refer potential players to Shotzaffiliates Brands at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and must be in accordance with this Agreement.
• to use only a tracking link provided within the scope of the Affiliate Program, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting. Also, not to change or modify in any way any link or marketing material without prior written authorization from Shotzaffiliates.
• to be responsible for the development, the operation, and the maintenance of the Affiliate Website as well as for all material appearing on the Affiliate Website.
• that it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
• that it will not actively target any person who is under the legal age for gambling.
• that it will not actively target any Restricted Jurisdiction or any other where gambling and the promotion thereof is illegal. The Affiliate assumes full responsibility for such actions and agrees to indemnify and hold the Company harmless for any liability incurred by the Company resulting from non-compliance with the provision above.
• that it will not generate traffic to Shotzaffiliates Brands by illegal or fraudulent activity, particularly but not limited to by:
  • sending spam.
  • incorrect meta tags.
• For the avoidance of doubt, sending any emails or SMS communications to individuals without our prior consent is expressly prohibited. In the event we grant the Affiliate permission, it is the Affiliate responsibility to obtain explicit consent from each recipient to receive marketing communications, ensuring that these individuals have not previously opted out of receiving such communications. Any form of spam will result in your account being closed and all funds due being withheld. The Company is liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should we seek recourse. In this instance, the amount determined by us will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of our Affiliate Program. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.
• that it will not register as a player or make deposits directly or indirectly to any player account through its tracker(s) 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 the Company. Violation of this provision shall be deemed to be fraud and give the Company right to terminate the Agreement with immediate effect, to close any related Affiliate accounts and to retain any earnings of an Affiliate who is found to violate this point.
• that it will not present Affiliate Website in any way that might evoke any risk of confusion with Shotzaffiliates Brands and/or Shotzaffiliates and/or convey the impression that the Affiliate Website is partly or fully originated from Shotzaffiliates Brands.
• with exception of the marketing materials as may be forwarded by Shotzaffiliates and/or made available online through the website www.Shotzaffiliates.com the Affiliate will not use the “Brand” or other terms, trademarks and other intellectual property rights that are vested in the Company unless we consent to such use in writing.
• that it will not purchase, attempt to register, or register 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 any of Shotzaffiliates’s Brand(s) and trademarks, trade names or otherwise include the “Brand” or variations thereof.
• that it will not use any marks, terms, or images that are identical or similar to our trademarks, trade names, or brand names operated by us.
• that it will not use any of Shotzaffiliates Brand(s)’ trademarks, trade names or otherwise include the “Brand(s)” or variations that are confusingly similar, in affiliate URLs. Brand names may not be used in a derivative URL or subdomain.
• that it will only generate traffic to Shotzaffiliates Brand(s) through SEO and PPC activities. Traffic originating from email, SMS, native or any other direct marketing is not allowed unless this has been approved beforehand in writing by the Shotzaffiliates Account Manager.
• that it will not use any of the Brand(s) characters for marketing purposes unless Shotzaffiliates consents to such use in writing.
• that it will comply with the applicable laws, regulations and codes of conduct concerning responsible gambling advertising which the Company is bound to comply with in the respective jurisdictions.
• it will make sure that all marketing is clear, correctly advertised and mention that T&C’s apply. An 18+ message symbol together with a link to www.begambleaware.org or any other local requirements, or a local version will be included when promoting the Shotzaffiliates Brand. When promoting a bonus of the promoted Shotzaffiliates Brand(s) it must include any wagering requirements, maximum bonus amount available, the minimum deposit needed to activate the bonus, any withdrawal limits attached to the bonus and to include “new customers only” if it’s a welcome bonus that is being marketed. Full promotional Terms and Conditions need to be available one click away.
• it will not give the impression that gambling can be a source of income or a way to pay off debts.
• if it induces damages in the form of fines or penalties for Shotzaffiliates it will be held responsible for these damages.

Failure to follow these Terms will grant the Shotzaffiliates Affiliate Team the right to immediately terminate this Agreement.

The Company agrees to pay the Affiliate a commission based on the Net Revenue generated from new customers referred by the Affiliate’s Website and/or other channel. New customers are those customers of Shotzaffiliates who do not yet have and have not had a betting account with any Shotzaffiliates Website and who access the Affiliate Website via the tracking link and who properly register and make real money transfers at least equivalent to the minimum deposit into their account of the promoted Brand(s). The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.

The commission shall be a percentage of the Net Revenue in accordance with what is set out in the Commission Structure for the particular product. The calculation is product specific and it is set out in every product-specific commission structure.

The commission is calculated at the end of each month and payments shall be performed by the end of the following calendar month, provided that the amount due exceeds €100 for Bank Wire transfers and €100 for Skrill and Neteller (minimum threshold). If the balance due is less than the minimum threshold, it shall be carried over to the following month and shall be payable when the accrued balance exceeds the minimum threshold.

Payment of commissions shall be made as per the payment method chosen by the Affiliate in the Affiliate account. If an error is made in calculating the commission, we reserve the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

Acceptance of payment by the Affiliate shall be deemed to be full and the final settlement of the balance due for the period indicated.

If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to us at affiliates@Shotzaffiliates.com and indicate the reasons for such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.

We may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the Terms.

No payment shall be due when the traffic generated is illegal or contravenes any provision of these Terms.

The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.

For the sake of clarity, the Parties specifically agree that upon termination of this Agreement by either Party, the Affiliate shall no longer be entitled to receive any payment whatsoever from us, provided that payments already due (earned and unpaid commissions) shall be paid out.

At the sole discretion of Shotzaffiliates, Affiliate may be given the opportunity to restructure its commission structure. Examples of alternative revenue sources could include a cost per acquisition (CPA) model. Once an Affiliate opts to accept Shotzaffiliates’s offer for a different revenue structure to the standard commission structure outlined in article 21, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present agreement will still continue to apply to the Affiliate up until the termination of this Agreement and thereafter in accordance with the Terms contained in this Agreement.

The Affiliate shall be exclusively responsible for the payment of 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 by the Affiliate as a result of the revenue generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.

In the event that a player has obtained a cumulative win of 10,000 Euros on any of the Shotzaffiliates Brands in any given calendar month, such player shall be deemed a Big Winner. When calculating the Big Winner Commission, where such Commission earned from an Affiliate in relation to a Big Winner(s) is a negative amount in any given calendar month, we shall reserve the right to carry forward such negative amounts which shall be applicable to and set off against any future Commission payable to the Affiliate in relation to the Big Winner(s) until the negative balance has been fully set off against future positive Commission.

This Agreement may be terminated by either Party by giving a thirty (30) day written notification to the other Party. Written notification may be given by an email.

The contracting Parties hereby agree that upon the termination of this Agreement:

• the Affiliate must remove all references to Shotzaffiliates Brands (including brands of its subsidiary companies) from the Affiliate’s Website and/or other marketing channel and communications, irrespectively of whether the communications are commercial or non-commercial.
• all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company being promoted by Shotzaffiliates.
• the Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, the Company may withhold the Affiliate’s final payment for a maximum period of 90 days’ time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
• if this Agreement is terminated by us on the basis of the Affiliate’s breach of Terms or applicable laws, 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. It is further specified that such termination, due to a breach by the Affiliate of any of the clauses in this Agreement, shall not require a notice period and shall have immediate effect upon simple notification given to the Affiliate.
• the Affiliate must return to us any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.
• 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 of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.

The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in very serious consequences for the Affiliate itself, for the Brand(s), or for both Parties, including without limitation, fines, penalties, breaches of license conditions and ability to do business, as well as potential civil and criminal action against the Affiliate or the Brand(s) by the respective authorities. Without prejudice to any of our rights herein or at law, we may forthwith terminate this Agreement, in part or in its entirety, or any of your accounts should you act in breach of the foregoing and the Affiliate shall be held fully responsible and liable for any such resulting fine, penalty, claim, action, or loss which is caused to us as a result of your action or default as the case may be.

The Affiliate expressly acknowledges and agrees that the use of the internet is at its risk and that this Affiliate Program is provided “as is” and “as available” without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.

We 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 in whole or in part by failures, delays or interruptions of Shotzaffiliates Brands or the Affiliate Program.

We shall not be liable for any direct, indirect, special, or consequential loss or damage, including but not limited to damages for any loss of business, profits or revenue, loss of goodwill or reputation, arising from this Agreement or the Affiliate Program.

The Company’s total liability in contract, tort (including negligence) or for breach of statutory duty or other grounds, arising out of or in connection with this Agreement, shall be limited to direct damage, and shall not exceed the amount of revenue which you have attained and which is payable to you under this Agreement during the six (6) month period immediately preceding the event giving rise to the liability or EUR 25,000 whichever is lower.

The Affiliate agrees to defend, indemnify and hold the Company (including brands of its subsidiary companies) its, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:

• any breach of the Affiliate’s representations, warranties or covenants under this Agreement.
• the Affiliate’s unauthorised use (or misuse) of the marketing materials.
• all conduct and activities occurring under the Affiliate’s user id and password.
• any defamatory, libelous or illegal material contained within the Affiliate’s Website or as part of the Affiliate’s information and data.
• any claim or contention that the Affiliate’s Website 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.
• third party access or use of the Affiliate’s Website or to the Affiliate’s information and data.
• any claim related to your use or the display of the Links on the Affiliate Website.
• any violation of this Agreement.

We may refuse any player or close a player’s account if it is necessary to comply with the Company’s policy and/or protect the interest of Shotzaffiliates.

We may refuse any applicant and/or may close any Affiliate’s account if it is necessary to comply with the Company’s policy and/or protect our interest. If the Affiliate is in breach of this Agreement or its terms or other rules, policies and guidelines, we may, besides closing the Affiliate’s account, take any other steps at law to protect our interest.

This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with the laws of Malta.

Any action or dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the Maltese Courts and Tribunals.

The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent from us. In the event that the Affiliate acquires or otherwise obtains control of another affiliate, then accounts will coexist on individual terms.

We may assign this Agreement, at any time without obtaining the prior consent of the Affiliate.

Our failure to enforce the Affiliate’s adherence to the Terms outlined in this Agreement shall not constitute a waiver of our right to enforce said terms at any time.

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 the reasonable control of and is not the fault of such Party, 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 a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure 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 Agreement without notice.

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) an employee, 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 or commitment on behalf of (nor to impose any obligation upon) the other party.

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

All information, including but not limited to business and financials, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of Shotzaffiliates shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither directly nor indirectly unless with the prior explicit and written consent of Shotzaffiliates. This provision shall survive the termination of this Agreement.

The Affiliate obliges itself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.

We reserve the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, by giving 14 days’ notice to the Affiliate on the email address registered by the Affiliate subject to the Terms set out in this Agreement. Any such changes will also be published on https://www.Shotzaffiliates.com

Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral programme rules. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE AFFILIATE’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING Shotzaffiliates’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON https://www.Shotzaffiliates.com WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

In case of any discrepancy between the meanings of any translated versions of this Agreement, the English language version shall prevail.

Nothing contained in this Agreement will grant the Affiliate any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights (hereinafter referred to simply as ‘marks’) of Shotzaffiliates or the Company. At no time during or after the term will the Affiliate attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of Shotzaffiliates or the Company (including its group companies). Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to Shotzaffiliates or the Company (including its group companies).

Commissions are paid out as a percentage of the Net Revenue.

The Net Revenue is defined as:
Real Money Bets – Real Money Wins – 30% Admin Fee – Bonuses Turned Real – Chargebacks – Applicable Gambling VAT & Taxes – Jackpot Contribution.

The Net Revenue share percentage is determined by the Net Revenue amount by customers referred by the Affiliate within the month the commission is paid for.

The amount of commission earned when reaching a tier will apply to all customers, also those referred to reach that tier.

You agree that your activities shall at all times abide by all applicable data protection and privacy legislation as may be amended from time to time, including without limitation EU Regulation 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 (“GDPR”), and will comply with all necessary notification procedures of the use ‘cookies’ to all visitors of your website/s. Non-compliance with the Data Protection requirements will result in the immediate termination of this Agreement.

All data collected from customers referred by you necessary for registration shall remain the sole and exclusive property of the Company and you acknowledge and accept that you have no rights over such data.