Terms of Service

Published on 16th June 2020.

Last updated on 7th July 2020.

  1. About our Terms
    1. These Terms explain how the Affiliate may use this website (the “Website”), and the provisions that govern the Affiliate's participation in our Affiliate Program.
    2. References in these Terms to the Affiliate Site includes the following website: https://affiliate.luckyb.it , and all associated web pages.
    3. The Affiliate should read these Terms carefully before using the Website and completing an Affiliate Registration to take part in the Affiliate Program.
    4. By indicating the Affiliate's consent to these Terms in the Affiliate's Registration (the “Effective Date”, the Affiliate agrees to be bound by these Terms and the documents referred to in them.
    5. If the Affiliate does not agree with or accept any of these Terms, the Affiliate should stop using the Website and providing the Affiliate Services (where applicable) immediately.
    6. If the Affiliate has any questions about the Website or the Affiliate Program, please contact our Help Desk (see below).
    7. Definitions
      "Administration Fee" means a flat fee of 5% of the Net Gaming Revenue applied for administrative and operational expenses of LuckyBit;
      "Affiliate" means the person or entity that accesses the Website and applies to participate in the Affiliate Program;
      "Affiliate Account" means the account of the Affiliate set up after an Affiliate Registration is completed by the Affiliate to take part in the Affiliate Program and approved by LuckyBit, which is connected to the Affiliate Wallet and references the Affiliate Account Balance;
      "Affiliate Account Balance" means a value in BTC equal to the Net Gaming Revenue, subject to No Negative Carry Over, and our High Roller Policy;
      "Affiliate Content" means any Intellectual Property of the Affiliate and used by the Affiliate in the provision of the Affiliate Services (including without limitation the Affiliate Websites, for the avoidance of doubt), excluding any LuckyBit Content (for the avoidance of doubt), as further detailed in this Agreement;
      "Affiliate Manager" means LuckyBit’s representatives contactable via a affiliates@luckyb.it;
      "Affiliate Registration" means the Affiliate's registration to participate in the Affiliate Program, which is approved by LuckyBit, the process which is accessible at the following location: https://affiliate.luckyb.it , in accordance with section 4.1;
      "Affiliate Links" means each and collectively (as applicable) the internet hyperlinks used by the Affiliate to link from the Affiliate Websites to the Platform;
      "Affiliate Program" means the collaboration between LuckyBit and the Affiliate pursuant to this Agreement under which the Affiliate shall provide the Affiliate Services, subject to the remaining provisions contained herein;
      "Affiliate Services" means services provided by the Affiliate to us in accordance with section 3.1 and the remaining provisions contained herein, including without limitation to advertise, market and promote the Platform and Gaming Services; and to Link prospective Players to the Platform and Gaming Services;
      "Affiliate Wallet" means an online wallet in the name of the Affiliate into which LuckyBit pays any Commission that has become due and payable, all in accordance with the remaining provisions contained herein;
      "Affiliate Websites" means each and collectively (as applicable):
      1. any websites maintained, operated or otherwise controlled by the Affiliate; and
      2. any third party websites the Affiliate uses to make Links;
      "Bets" means collectively all bets in the form of BTC placed by a Player on the Platform;
      "Bonuses" means each and collectively (as applicable) any BTC a Player receives from another Player, or from LuckyBit pursuant to promotions, bonuses, special gifts and/or competitions (as applicable), and excludes any awarded, but as yet, unpaid Bonuses;
      "BTC" means the cryptocurrency Bitcoin, invented by Satoshi Nakamoto;
      "Commission" means each and collectively (as applicable) Monthly monetary payment/s in arrears (as applicable) that the Affiliate will receive from LuckyBit on any positive Affiliate Account Balance that exists on the Payment Cycle Date from time to time, calculated in accordance with the Commission Structure, in accordance with the remaining provisions contained herein;
      "Commission Structure" means the applicable Tier Percentage of the Affiliate Account Balance;
      "Content" means any text, images, video, audio or other multimedia content, software or other information and/or Intellectual Property on the Platform;
      "Gaming", or "Gaming Services" (as applicable) means the gambling, gaming and interaction services available on the Platform;
      "Gross Gaming Revenue", or "GGR" (as applicable) means with respect to a particular Month: the aggregate Bets from all Players subtracted by the aggregate Winnings from all Players;
      "High Roller" means the status a Player receives if the Player caused a Loss of more than $10,000 in the form of BTC on the Payment Cycle Date; and collectively “High Rollers”;
      "High Roller Policy", or "HRP" (as applicable) means that NNCO does not apply to Losses from any Players that are High Rollers and that therefore these Losses are carried forward into the future until the Losses have been set-off in full from any Commission that is due and payable from time to time in accordance with section 3.1.13, and the remaining provisions contained herein;
      "Intellectual Property" means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, data exclusivity rights, approvals, utility models, domain names, business names, rights in computer software, mask works, topography rights, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case:
      1. whether registered or not,
      2. including any applications to protect or register such rights,
      3. including all renewals and extensions of such rights or applications,
      4. whether vested, contingent or future, and
      5. wherever existing;
      "Introduce", "Introduced", "Introductions", "Link", or "Linked" (as applicable) means where the Affiliate introduces or has introduced (as applicable) a Player or prospective Player (as applicable) to the Platform and the Player uses the Gaming Services, in accordance with the remaining provisions contained herein;
      "Loss", or "Losses" (as applicable) means a loss LuckyBit incurs every time a Player earns Winnings on Bets and which is inversely proportional to the resulting Affiliate Account Balance, for the avoidance of doubt, so that as an example, in the event the Affiliate Account Balance is $-1000 (minus one thousand dollars) in the form of BTC, the resulting Loss would be $1000 (one thousand dollars);
      "LuckyBit Content" means any Intellectual Property of LuckyBit provided to the Affiliate hereunder (as applicable), including without limitation the logo, brand and information on the business of the Affiliate, as further detailed in this Agreement;
      "Month", or "Monthly" means each and every month within the Term, on the understanding for the avoidance of doubt that the first Month within the Term commences on the first day of the Term, and the last Month within the Term ends on the last day of the Term;
      "Net Gaming Revenue" means with respect to a particular Month: a value in BTC equal to GGR subtracted by:
      1. aggregate Bonuses received by all Players; and
      2. the Administration Fee;
      "NNCO", or "No Negative Carry Over" (as applicable) means that in any Month within the Term, any negative Affiliate Account Balance that exists on the Payment Cycle Date, will be set to zero (0) on the first day of the following Month, except in the last Month of the Term;
      "Parties" means collectively LuckyBit and the Affiliate, and each shall be known as a “Party”;
      "Payment Cycle Date" means the last day of each Month within the Term (as applicable);
      "Platform" means https://luckyb.it , which is the website on which the Gaming Services are accessible;
      "Player" a player using the Platform’s Gaming Services that has been Introduced by the Affiliate;
      "Privacy Policy" means our privacy policy which is accessible at the following url: https://affiliate.luckyb.it/privacy-policy ;
      "Services" means the Gaming Services available on the Platform;
      "Terms" means these terms and conditions of use as updated from time to time under section 28, and any other rules or guidelines of LuckyBit and/or the Platform made known to the Affiliate from time to time;
      "Territory" means any jurisdiction except the following: Curacao, the United States of America; Australia; Netherlands; France; Dutch West Indies; UK; Germany, or any other jurisdiction that prohibits the Affiliate's use of the Services under the laws of that jurisdiction;
      "Tier Percentage"
      Tier Net Gaming Revenue Percentage
      1 0 - 1 btc 25%
      2 > 1 – 3 btc 30%
      3 > 3 btc – 10 btc 35%
      4 > 10 btc – 25 btc 40%
      5 > 25 btc 50%
      "Player" means a person that has completed Player Registration successfully and is a user of the Gaming Services pursuant to the Affiliate Services; and “Players” means every Player.
      "Player Registration" means where a prospective Player that has been Introduced to LuckyBit pursuant to the Affiliate Services successfully registers on the Platform as a Player and is able to commence Gaming; and “Players” means all Players;
      "we", "We", "our", "us", or "LuckyBit" (as applicable) means LuckyBit Entertainment N.V., a company organised under the laws of Curaçao, and with the following registered address: Kaya Richard J. Beaujon Z/N, Curaçao;
      "Website" has the meaning given to it in section 1.1; and
      "Winnings" means collectively all winnings from Bets in the form of BTC from a Player.
  2. Use of the Website The Affiliate’s use of this Website and the Services is subject to these Terms, and any rules, agreement, document and/or policy referenced herein.
  3. The Services.
    1. The Parties agree that the Affiliate shall provide the Affiliate Services in the Territory in accordance with the remaining provisions contained herein, it being understood that (the “Services”):
      1. the Affiliate is only entitled to provide the Affiliate Services according to:
        1. the provisions contained in these Terms;
        2. any guidelines provided by LuckyBit to the Affiliate in writing, including without limitation email from time to time; and
        3. any contracts, policies, Guidelines or rules referenced herein;
      2. every Player is subject to the terms and conditions of the Platform accessible here https://affiliate.luckyb.it/terms-of-service , and any document, rules and policies referenced therein;
      3. the Affiliate is only entitled to Introduce prospective Players located in the Territory (for the avoidance of doubt);
      4. the Affiliate shall follow any Affiliate Program guidelines communicated by LuckyBit to the Affiliate from time to time in writing including email (the “Guidelines”, which LuckyBit is entitled to update from time to time in its absolute discretion, on the understanding that LuckyBit will provide the Affiliate with notice of any change of the Guidelines as soon as reasonably practicable after any change, and that the current Guidelines are accessible here: https://affiliate.luckyb.it/guidelines ;
      5. the Affiliate will make sure that for any Introduction made the Affiliate Links are used on the understanding that the Affiliate shall never receive any Commission for an Introduction attempted by the Affiliate where Introduction was not made with the Affiliate Links;
      6. the Affiliate will ensure the Affiliate always has the legal right to provide the Affiliate Services;
      7. the Affiliate will perform the Affiliate Services in good faith, and with the skill and care considered usual for a professional in the industry;
      8. the Affiliate will always perform the Affiliate Services in LuckyBit’s best interests and in a manner that in no way harms LuckyBit’s reputation or goodwill;
      9. the Affiliate will at all times during the provision of the Affiliate Services comply with any regulations, rules, laws customs and conventions that apply to the Affiliate in the provision of the Affiliate Services, including without limitation marketing, promotional, data privacy, cookies, security, anti-money laundering and anti-fraud and criminal regulations, laws and rules (each and collectively “Compliance”, or “Applicable Laws”, as applicable), on the understanding that it is the duty of the Affiliate to determine where it is not in Compliance and to ensure Compliance;
      10. the Affiliate is entitled to provide the Affiliate Services using the LuckyBit Content, but only in accordance with the remaining provisions contained herein;
      11. the Affiliate will provide the Services at the Affiliate's own expense (for the avoidance of doubt);
      12. LuckyBit reserves the right to refrain from paying the Affiliate any Commission that has become due and payable, where LuckyBit in its discretion determines that a Compliance breach has occurred or will occur (“Commission withholding”, or “Withheld”, as applicable), on the understanding that LuckyBit will attempt to contact the Affiliate if there is a Commission withholding to resolve the Compliance issue, where that is possible, and if resolved (in the discretion of LuckyBit) and possible under Applicable Laws, will make the Commission payment that was Withheld to LuckyBit; and
      13. any Losses hereunder may be set off from any Commissions due to the Affiliate under this Agreement, and any exercise by LuckyBit of its rights under this section shall not prejudice any other right or remedy available to it, whether under this Agreement or otherwise.
  4. Registration and acceptance
    1. To take part in the Affiliate Program the Affiliate must register by clicking on the ‘sign-up‘ button on the Website and completing the steps that follow (“Register”, “Affiliate Registration”, or “Registration”, as applicable), it being understood that the Affiliate is only entitled to Register for 1 (one) Affiliate Account.
    2. Subject to the Terms, certain portions of the Website are available to the Affiliate, including those portions before the Affiliate Registration is accepted.
    3. We reserve the right to decline any Registration attempt, for any lawful reason as determined by us, including without limitation supply and demand, cost to maintain data, or other business considerations.
  5. Affiliate Program participation
    1. The Affiliate is only entitled to participate in the Affiliate Program in the Affiliate's name and the Affiliate's account, so that:
      1. the Affiliate is not entitled to open an Affiliate Account for any third party without our prior written approval;
      2. brokering or transferring an Affiliate Account is not accepted; and
      3. if the Affiliate wishes to transfer an Affiliate Account to a third party the Affiliate must contact us in writing including email, it being understood that any approval by us is in our absolute discretion.
    2. The Affiliate is only entitled to make Introductions by using the Affiliate Links, and such other methods and/or materials we approve in advance in writing.
  6. Affiliate Websites
    1. The Parties agree that the Affiliate:
      1. is fully responsible for the development, operation and maintenance of the Affiliate Websites and for all materials that appear on the Affiliate Websites (for the avoidance of doubt);
      2. shall at all times ensure that the Affiliate Websites are compliant with all Applicable Laws;
      3. will not present the Affiliate Websites in such a way so that it may cause confusion with the Platform, or the impression that the Platform is owned or operated by the Affiliate, and that the Affiliate Websites are operated or owned by LuckyBit; and
      4. will ensure that the Affiliate Websites do not contain any defamatory, libellous, discriminatory or otherwise unsuitable content (including without limitation violent, obscene, derogatory or pornographic materials or content which would be unlawful in the target country).
  7. Valid traffic and good faith
    1. Without prejudice to generality of section 3.18, the Affiliate will always provide the Affiliate Services in good faith so that any action by the Affiliate that suggests otherwise in the discretion of LuckyBit is prohibited, including without limitation (each and collectively “Fraud”, as applicable):
      1. the Affiliate registering as a Player whether directly or indirectly (including without limitation by using associates, family members or other third parties);
      2. the Affiliate developing a system to unfairly obtain Commission;
      3. the Affiliate attempting to benefit from Platform traffic not generated in good faith pursuant to the Services; and
      4. refraining from informing LuckyBit immediately if the Affiliate has any reasonable suspicion that any Player Introduced is a breach of any Applicable Laws,
      it being understood that any Player Introduced that is found to be a Player as a result of a Fraud shall be deemed to be a Compliance breach; and the Player will be terminated and lose access to the Platform indefinitely (without prejudice to the remaining provisions contained herein).
  8. Affiliate Links
    1. The Affiliate will not use any Affiliate Links or otherwise provide the Affiliate Services featuring our Intellectual Property on any Unsuitable Mediums (whether owned by a third party or otherwise), it being understood “Unsuitable Mediums” includes without limitation (collectively) websites, emails, social media platforms and any other multi-media channel that:
      1. is aimed at children;
      2. displays illegal pornography or other illegal sexual acts;
      3. promotes violence;
      4. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
      5. promotes illegal activities or in any way violates the Intellectual Property Rights of LuckyBit or any third party of its licensors; or
      6. breaches any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.
    2. The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Websites.
    3. The Affiliate will only use Affiliate Links provided by LuckyBit in accordance with the terms contained herein.
  9. Additional Limitations on the Promotion of the Platform. In the provision of the Affiliate Services, including without limitation the promotion of the Platform:
    1. the Affiliate is not entitled to (without first obtaining our prior written approval):
      1. promote the Platform to individuals in a manner that includes any of our Intellectual Property Rights, excluding LuckyBit Content (where such has been approved by LuckyBit and provided to you in accordance with the remaining provisions contained herein, for the avoidance of doubt);
      2. promote the Platform using a method outside the scope of the Affiliate Services (for the avoidance of doubt);
      3. give the impression that any promotional communication is being sent from LuckyBit and not the Affiliate;
      4. use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction (for the avoidance of doubt);
      5. use any Affiliate Content in breach of these Terms including without limitation any of the Guidelines, nor any communication to the Affiliate from LuckyBit disapproving of any Affiliate Content used by the Affiliate;
      6. use LuckyBit Content, and LuckyBit shall in its absolute discretion determine what LuckyBit Content to provide to the Affiliate (for the avoidance of doubt); and
    2. LuckyBit reserves the right to disapprove of any material used or intended to be used in the provision of the Affiliate Services, including without limitation LuckyBit Content (after approval for such LuckyBit Content has already been provided) and any Affiliate Content, it being understood that the foregoing is without prejudice to the obligation of the Affiliate to obtain written approval prior to the use of any LuckyBit Content (for the avoidance of doubt).
  10. Loyalty Programs The Affiliate will not offer any cash-back, value-back, bonus or other similar programs, other than the programs available on the Platform (which include without limitation Bonuses).
  11. Responsible Gaming LuckyBit has an ongoing commitment to responsible Gaming and the prevention of gambling addiction; and the Affiliate agrees to actively cooperate with LuckyBit to convey a responsible Gaming message to all Players.
  12. Company monitoring of Affiliate activity The Affiliate will immediately give LuckyBit all such assistance as is required and provide LuckyBit with all such information as requested by us to monitor the Affiliate's activity under the Affiliate Program.
  13. Warranties and indemnity
    1. The Affiliate warrants, represents and undertakes to LuckyBit that:
      1. the Affiliate Content is the Affiliate’s original work and use by LuckyBit of the Affiliate Content in accordance with these Terms shall not infringe the rights of any third party;
      2. the Affiliate is entitled to enter into these Terms and has full power and authority to grant the rights expressed to be granted under this Agreement and the Affiliate is exclusively entitled to give all assurances, confirmations, waivers and agreements set out in this Agreement to enable LuckyBit to exploit the Affiliate Content as described in this Agreement without making any further payment other than as expressly set out in this Agreement;
      3. the Affiliate shall not be in breach of any agreement with or of any obligation to any third party by reason of entering into this Agreement and performing the Services and the Affiliate has obtained all necessary consents to enter into this Agreement and to grant the rights purported to be granted herein and to perform its obligations set out herein; and
      4. the Affiliate shall not at any time do or say anything which is or may be considered by LuckyBit to:
        1. be detrimental or prejudicial to or to affect adversely the name, image, reputation or business of LuckyBit or any of its products; or
        2. bring the Affiliate, LuckyBit or any of its products into disrepute.
    2. In the event the person that completes an Affiliate Registration is doing so on behalf of a legal entity (each the “Representative”), that Representative warrants, represents and undertakes to LuckyBit that the Representative is entitled to enter into these Terms on behalf of the Affiliate and has full power and authority to grant the rights expressed to be granted under this Agreement on behalf of the Affiliate and the Representative is exclusively entitled to give all assurances, confirmations, waivers and agreements set out in this Agreement on behalf of the Affiliate to enable LuckyBit to exploit the Affiliate Content as described in this Agreement without making any further payment other than as expressly set out in this Agreement.
  14. Commission
    1. Subject to the Affiliate performing the Affiliate Services in accordance with these Terms, LuckyBit agrees to pay to the Affiliate the Commission where it is due and payable, it being understood that:
      1. the Commission shall be paid into the Affiliate Wallet;
      2. the Commission shall be inclusive of all use fees, residuals, repeat fees, re-use fees, royalties or other payments whatsoever;
      3. LuckyBit shall pay all Commission due and payable for any Month on the 1st day of the following Month (which is always the day immediately following the Payment Cycle Date, for the avoidance of doubt);
      4. all amounts payable under these Terms shall be inclusive of sales, use, value added, goods and services, and all other similar taxes (but not including withholding tax), if any, imposed by a governmental entity for any taxable supply provided under these Terms;
      5. the Commission shall be the only compensation to the Affiliate for the Affiliate Services, for the avoidance of doubt;
      6. the Commission shall only be paid when the value of the Commission that is due and payable equals at least $25 in the form of BTC (the “Minimum Withdrawal Limit”), so that where the Affiliate has earned Commission in any Month of a lesser amount than the Minimum Withdrawal Limit, the Commission will be retained by LuckyBit until the Commission that is due is more than the Minimum Withdrawal Limit after which it shall be paid to the Affiliate in accordance with the remaining provisions contained herein;
      7. acceptance of payment of the Commission by the Affiliate shall be deemed to be full and final settlement of the Commission that is due and payable for the applicable Month, it being understood that in the event the Affiliate disagrees with the Commission due as reported by LuckyBit, the Affiliate shall send an email to the Luckybit within a period of seven (7) days from the Commission payment to the Affiliate Manager and indicate the reasons of such dispute; and failure to send an email within the aforementioned time limit to the Affiliate Manager shall be deemed to be considered an irrevocable acceptance of the Commission payment for the applicable Month;
      8. without prejudice to the generality of section 28, LuckyBit is entitled to change the current Commission, including without limitation the Commission Structure, Tier Percentage, and calculation of the Affiliate Account Balance for the avoidance of doubt (each a “Commission Change”) and offer one or more new commission structures (each a “Commission Deal”, and collectively the “Commission Deals”, as applicable), on the understanding that the current Commission is a Commission Deal (for the avoidance of doubt), and it being understood that:
        1. only 1 (one) Commission Deal shall apply to the Affiliate at any one time, so that two Commission Deals cannot co-exist with the Affiliate concurrently at any point during the Term;
        2. while we aim to refrain from carrying out a Commission Change, and rather offer new Commission Deals with an option for the Affiliate to remain on the Commission or switch to a new Commission Deal, the Affiliate acknowledges that a Commission Change by LuckBit is possible in the discretion of LuckBit, and if the Affiliate in that instance does not consent to the Commission Change, the Affiliate is entitled to terminate these Terms in accordance with section 22.4; and
        3. in the event the Affiliate enters into a new Commission Deal, then except with respect to any change to the Affiliate’s obligations contained in the new Commission Deal terms, 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 and conditions contained herein, for the avoidance of doubt.
    2. The Affiliate’s entitlement to earn Commission will cease on the date of termination of these Terms except with respect to any Commission that has already become due and payable, subject to the remaining provisions contained herein.
    3. The Affiliate agrees to immediately upon request by LuckyBit, return all Commission received from Players Introduced where such Introductions are in breach of these Terms or any Applicable Laws.
  15. Information the Affiliate provide us
    1. The Affiliate agrees to provide true, accurate, and complete information in the Affiliate Registration and all other information the Affiliate provides to us and to update the Affiliate's information and maintain its truthfulness, accuracy, and completeness; and the Affiliate agrees not to provide any false or misleading information about the Affiliate's identity or location, the Affiliate's business, the Affiliate's skills, or the services the Affiliate business provides and to correct any such information that is or becomes false or misleading.
    2. The Affiliate agrees that the Affiliate is solely responsible for:
      1. all costs and expenses the Affiliate may incur in relation to the Affiliate's use of the Website; and
      2. keeping the Affiliate's password and other account details confidential.
    3. The Affiliate is required to keep the Affiliate Registration details up to date at all times. If the Affiliate changes the Affiliate's e-mail or any other relevant contact or personal information, the Affiliate must contact Help Desk in order to update the Affiliate Account information; and see also our Privacy Policy at: https://affiliate.luckyb.it/privacy-policy for how we deal with the Affiliate's personal information.
  16. Availability of the Website and Services
    1. We seek to make the Website as accessible as possible. If the Affiliate has any difficulties using the Website, the Affiliate should contact Help Desk.
    2. Without prejudice to our rights of termination under section 22, we may suspend the Affiliate's access to the Affiliate Program and the Website if the Affiliate does not comply with any part of these Terms, or any terms or policies to which they refer or any Applicable Laws.
  17. The Affiliate Account
    1. The Affiliate Account will automatically be classified as dormant/inactive after a consecutive period of 1 year has lapsed after the last Affiliate Account login (a "Dormant Account").
    2. We will contact the Affiliate no less than 30 days prior to designating the Affiliate Account as a Dormant Account using the Affiliate's last known email address, it being understood that If no response is received from the Affiliate within 7 days from the date on which we have attempted to contact the Affiliate as described above, the Affiliate Account will be designated as a Dormant Account from such date.
    3. Once the Affiliate Account has been designated as a Dormant Account, we shall be entitled to close the Account in our absolute discretion without any further liability to the Affiliate whatsoever.
    4. Prior to classifying the Affiliate Account as a Dormant Account, we will attempt to return any Commission due and payable to the Affiliate Wallet, save where these Terms permit us to withhold payment to the Affiliate.
    5. The Affiliate understands and acknowledges that we are not a bank or other financial institution and the Affiliate must not treat LuckyBit as such, so that Commission is not interest-bearing for the avoidance of doubt.
    6. If the Affiliate wishes to close the Affiliate Account, the Affiliate must contact Help Desk, it being understood that the Affiliate’s request for Affiliate Account closure shall be deemed a termination by the Affiliate of these Terms in accordance with section 22.2 below.
    7. We shall be entitled to close the Affiliate Account at any time by giving the Affiliate no less than 30 days' prior written notice in accordance with section 22. Any Commission due and payable at the time of such closure or any closure under section 17.1 will be credited to the Affiliate Wallet, except that:
      1. if the Affiliate has engaged in any activity that we deem a breach of Applicable Laws, we will be under no obligation to pay the Affiliate any Commission; and
      2. if we discover or have reasonable grounds to believe that the Affiliate are in breach of any of the Affiliate's obligations contained herein, then we reserve the right to withhold and/or retain any and all amounts which would otherwise have been paid or payable to the Affiliate in Commission that are attributable to the breach.
  18. Verification Checks and Identification Documentation
    1. To register for an Account, the Affiliate is required to provide us with the Affiliate's email address during the Account Registration process.
    2. Upon request, the Affiliate may also be required to send in valid identification documents proving the Affiliate's or Representative’s age (as applicable), and address so that we are able to carry out identification, credit and other verification checks that we may require and/or are required to process pursuant to Applicable Laws (each and collectively “Due Diligence”); and the Affiliate agrees to provide all such Due Diligence information, it being understood that until we have received and approved the Due Diligence information, we are entitled to restrict the Affiliate Account in any manner that we reasonably deem appropriate.
    3. If the Affiliate is found to be underage pursuant to our Due Diligence checks, we will terminate these Terms and the Affiliate's participation in the Affiliate Program immediately in accordance with section 22.1.
    4. In addition, if the Affiliate's or Representative’s age (as applicable) is not successfully verified:
      1. the Affiliate Account will be suspended; and
      2. the Affiliate's participation in the Affiliate Program will not be permitted until we have successfully verified the Affiliate's or Representative’s age (as applicable).
  19. The Affiliate's privacy and personal information
    1. The Affiliate's privacy and personal information are important to us. Any personal information that the Affiliate provides to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from the Affiliate, how and why we collect, store, use and share such information, the Affiliate's rights in relation to the Affiliate's personal information and how to contact us and supervisory authorities in the event the Affiliate has a query or complaint about the use of the Affiliate's personal information.
    2. Our privacy policy is available at https://affiliate.luckyb.it/privacy-policy .
  20. Ownership, use and intellectual property rights
    1. The Website and all Intellectual Property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any such Intellectual Property rights. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
    2. Nothing in these Terms grants the Affiliate any legal rights in the Website other than as necessary to enable the Affiliate to access the Website. The Affiliate agrees not to adjust or try to circumvent or delete any notices contained on the Website (including any Intellectual Property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
    3. Trademarks on the Website belong to us or one or more third parties. Other trademarks and trade names may also be used on the Website. The use of any trademarks on the Website is strictly prohibited unless the Affiliate has our prior written permission.
    4. The Affiliate will not register domain names, as well as search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other referral service which are identical to any of LuckyBit’s trademarks or otherwise include the LuckyBit’s trademarks.
    5. The Affiliate will not use any advertising or creative (including banners, images, logos) incorporating our Intellectual Property rights unless the advertising or creative was provided to the Affiliate by LuckyBit or (if advertising or creative is created by the Affiliate) without the advance written approval of LuckyBit. The Affiliate will not modify the appearance of any advertising or creative that has been provided to the Affiliate or for which approval was granted.
    6. It is the Affiliate's responsibility to seek our approval in time for launch of any advertising campaign or creative in the provision of the Affiliate Services, to ensure the Affiliate has written approval from the Affiliate in relation to the advertising or creative, and to be able to evidence such approval upon request.
  21. Accuracy of information and availability of the Website
    1. LuckyBit disclaims any and all warranties, expressed or implied, in connection with the Website, which are each provided to the Affiliate ‘as is’ and we provide the Affiliate with no warranty or representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy.
    2. Regardless of our efforts, we make no warranty that the Website will be uninterrupted, timely or error-free, or that defects will be corrected.
    3. While we try to make sure that the Website is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that the Affiliate may place on the information on the Website is at the Affiliate's own risk.
    4. We may suspend or terminate operation of the Website at any time as we see fit, and in the event of a termination we are entitled to terminate operation of the Website immediately and prior to a termination of these Terms in accordance with section 22.4, it being understood that the Website may be unavailable for the 30 day notice period detailed in section 22.4.
    5. The Content is provided for the Affiliate's general information purposes only and to inform the Affiliate about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    6. While we try to make sure that the Website is available for the Affiliate's use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by the Affiliate of the Website.
  22. Term and Termination
    1. These Terms commence on the Effective Date and shall continue until (the “Term”): either Party terminates these Terms in accordance with this section 22 or any other provisions contained herein (“Termination”).
    2. Either Party may terminate these Terms (without prejudice to their other rights and remedies) with immediate effect by written notice to the other Party if the other Party commits a material breach of this Agreement and, if capable of remedy, fails to remedy such breach within 5 Business Days.
    3. LuckyBit may terminate this Agreement (without prejudice to its other rights and remedies) with immediate effect upon written notice to the Affiliate if the Affiliate (it being understood that the following shall be deemed material breaches of these Terms by the Affiliate, without limitation):
      1. is incapacitated from rendering the Affiliate Services;
      2. convicted of any criminal offence;
      3. has provided the Affiliate Services, in LuckyBit’s opinion, in such a manner that offends against decency or morality;
      4. has breached any of the warranties provided at section 13; or
      5. is in persistent breach of these Terms.
    4. Either Party may terminate these Terms (without prejudice to their other rights and remedies) with 3 Business Days’ prior written notice to the other Party in the event of a Commission Change that the Affiliate does not consent to.
    5. Either Party is entitled to terminate these Terms for convenience at any time upon 30 Business Days’ prior written notice to the other Party.
    6. Upon termination:
      1. the Parties shall have no further obligations or rights under these Terms, without prejudice to any obligations or rights which have accrued to either Party prior to the moment of Termination, save that those sections which by their nature are intended to survive shall do so, so that, for the avoidance of doubt:
        1. the Affiliate will not be entitled to any Commission that has not become due and payable prior to Termination or any other form of compensation or payment notwithstanding that the Players Introduced by the Affiliate are still using the Gaming Services after Termination of the Affiliate;
        2. all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in LuckyBit or its licensors;
        3. if this Agreement is terminated by the Company on the basis of the Affiliate's breach in accordnance with section 22.2, the Company shall be entitled to withhold the Affiliate’s earned but unpaid Commission as of the Termination date as collateral for any claim arising from such breach; and
        4. the Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) of LuckyBit in the Affiliate's possession, custody and/or control.
  23. Events beyond our control We shall have no liability to the Affiliate for any breach of these Terms by us caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
  24. Rights of third parties No one other than a party to these Terms has any right to enforce any of these Terms.
  25. Breach
    1. Without prejudice to any other rights, if the Affiliate breaches in whole or in part any provision contained herein, LuckyBit reserves the right to take such action as it sees fit, including terminating these Terms or any other agreement in place with the Affiliate and/or taking legal action against the Affiliate as we deem necessary.
    2. The Affiliate agrees to fully indemnify, defend and hold harmless LuckyBit and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
      1. the Affiliate's breach of these Terms, in whole or in part;
      2. violation by the Affiliate of any Applicable Laws or any third party rights; and/or
      3. the Affiliate's performance of the Affiliate Services.
  26. Limitation on our liability and Indemnity
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of the Affiliate's personal information, we are not legally responsible for any:
      1. losses that:
        1. were not foreseeable to the Affiliate and us when these Terms were formed; or
        2. that were not caused by any breach on our part; and
      2. losses to non-consumers.
    2. Under no circumstances, including negligence, shall LuckyBit be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the Affiliate Services, even if LuckyBit had prior knowledge of the possibility of such damages.
    3. The Affiliate agrees to defend, indemnify and hold LuckyBit and its affiliates, 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 or a provision of this Agreement.
  27. Disputes
    1. We will try to resolve any disputes with the Affiliate quickly and efficiently.
    2. If the Affiliate is unhappy with LuckyBit please contact Help Desk as soon as possible.
    3. If the parties cannot resolve a dispute using our complaint handling procedure, we will:
      1. let the Affiliate know that we cannot settle the dispute with the Affiliate; and
      2. give the Affiliate certain information about our alternative dispute resolution provider.
    4. If the Affiliate wants to commence court proceedings section 29 below will apply.
  28. Variation No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this section 28. Subject to the Affiliate’s rights under section 22.4 with respect to any Commission Change and new Commission Deal, we reserve the right to vary these Terms unilaterally from time to time in our absolute discretion. Our updated Terms will be displayed on the Website and by continuing to use and access the Website following such changes, the Affiliate agrees to be bound by any variation made by us. It is the Affiliate's responsibility to check these Terms from time to time to verify such variations.
  29. Governing Law. These Terms and any matters relating hereto shall be governed by, and construed in accordance with, the laws of England. The Affiliate irrevocably agrees that, subject as provided below, the courts of Ireland shall have exclusive jurisdiction in relation to any claim, dispute or difference brought by the Affiliate or on the Affiliate's behalf concerning the Terms and any matter arising therefrom and irrevocably waive any right that the Affiliate may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this section shall limit the right of LuckyBit to take proceedings against the Affiliate in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions by us, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
  30. Severability If a provision of these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction (each and collectively “Non-Compliance”), that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. In the event of Non-Compliance, we will using good faith replace the breaching provision/s with provision/s that are compliant while remaining as close as possible in substance to the original provision/s.
  31. Assignment LuckyBit reserves the right to assign these Terms, in whole or in part, at any time without notice. The Affiliate may not assign any of the Affiliate's rights or obligations under these Terms.
  32. Miscellaneous
    1. No waiver by LuckyBit of any breach of any provision of these Terms (including the failure of LuckyBit to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Terms.
    2. Nothing in these Terms shall create or confer any rights or other benefits in favour of any third parties not party to these Terms other than with an affiliate of LuckyBit.
    3. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the Affiliate and us.
    4. These Terms constitute the entire understanding and agreement between the Affiliate and us regarding the Services and supersedes any prior agreement, understanding, or arrangement between the Affiliate and us.