Affiliate Program Participation Agreement This Agreement, referred to as the Affiliate Program Participation Agreement, is hereby established and agreed upon between Xpander Media (referred to as “Xpander Media” or “we”) and yourself (referred to as “you” or “Affiliate”), the individual seeking affiliation with Xpander Media. The stipulations outlined in this agreement are applicable to your involvement in the Xpander Media Affiliate Program (“Affiliate Program”). Each offer within the Affiliate Program (referred to as an “Offer”) may pertain to products or services offered by Xpander Media or a third party (referred to as a “Client”). These Offers may direct to a specific website dedicated to that particular Offer (“Program Web Site”). Additionally, specific terms and conditions related to each Offer may be present on pages within the Affiliate Program and are to be considered integral parts of this Agreement. By submitting an application or engaging in an Offer, you explicitly agree to comply with all the terms and conditions outlined in this Agreement.

1: ENROLLING IN THE AFFILIATE PROGRAM
To become an affiliate, you must complete an application on our website. Ensure the application is accurately filled out, and refrain from using aliases or any methods to hide your true identity or contact details. Once your application is under review, we will notify you of your acceptance or rejection into the Affiliate Program, typically within two (2) business days. Please be aware that we retain the right to accept or reject your application at our sole discretion, and this decision may be based on any reason.

2. RESPONSIBILITIES OF THE PARTIES

Upon our approval of your affiliate status and your continuous compliance with the terms and conditions of this Agreement, Xpander Media pledges to the following:

I. Providing Links: We will furnish you with graphic and textual links (collectively referred to as “Links”) through the Affiliate Program. These Links can be showcased on websites owned or controlled by you, in emails sent by you (clearly identified as yours), and in online advertisements (collectively, “Media”). The Links will indicate your membership in our Affiliate Program and establish a connection from your Media to the Program Web Site.

II. Commission for Qualified Actions: We will reward you with a commission for each Qualified Action. A “Qualified Action” pertains to an individual who (i) accesses the Program Web Site via the Link (where the Link is the last link to the Program Web Site), (ii) is not a computer-generated user (such as a robot, spider, computer script, or other automated method to appear as an individual), (iii) does not use pre-populated fields, (iv) completes all required information within the specified time set by Xpander Media, and (v) is not later deemed fraudulent, incomplete, unqualified, or a duplicate by Xpander Media.

III. Monthly Commission Payments: We will transfer any earned Commissions monthly, provided your account surpasses €100. Balances below €100 will carry over to the next month until reaching €100. We reserve the right to debit your account for any previously paid Qualified Actions later found not to meet the requirements.

IV. Payment Dependency on Client Funds: Payment for Commissions is contingent upon Clients providing funds to Xpander Media. Thus, you agree that Xpander Media is obligated to you for Commissions only to the extent it has received funds from the Clients. You release Xpander Media from any claim for Commissions if it has not received such funds from the Clients.

V. Invoice Request and Payment: Xpander Media will request an invoice from all its affiliates and will issue payment to Affiliate based on that invoice. Xpander Media will handle all tracking of Links and determinations of Qualified Actions and Commissions at its sole discretion. In case of a good-faith dispute over any portion of an invoice, Affiliate must submit the dispute in writing and with sufficient detail within thirty (30) days of the invoice date. If no dispute is raised, Affiliate irrevocably waives any claims based on that invoice. If Affiliate is also tracking Qualified Actions and claims a discrepancy, Affiliate must provide Xpander Media with its reports within three (3) days after the 30th day of the calendar month. If variances exceed 10% and Xpander Media determines that Affiliate used accepted industry methods, both parties will make a good-faith effort to reconcile. In case of failure to reconcile, Xpander Media numbers will prevail.

VI. Offset of Outstanding Balances: If Affiliate has an outstanding balance due to Xpander Media under this Agreement or any other agreement, Affiliate agrees that Xpander Media may offset any such amounts due from amounts payable to Affiliate under this Agreement.

Affiliate also undertakes the following responsibilities:

I. Sole Responsibility: Maintain sole responsibility for developing, operating, and maintaining all content on or linked to your Media.

II. Content Compliance: Ensure that all materials posted on your Media or used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, and (iii) do not contain or link to any material considered harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination, promotes illegal activities, contains profanity, or otherwise contains materials that Xpander Media considers objectionable (“Objectionable Content”).

III. No Unauthorized Statements: Refrain from making any representations, warranties, or other statements concerning Xpander Media, Client, or any of their respective products or services, except as expressly authorized herein.

IV. No Copying or Resembling: Ensure that your Media does not replicate or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Xpander Media or Clients or a part of the Program Web Site, without prior written permission.

V. Compliance with Laws: Adhere to all (i) obligations, requirements, and restrictions under this Agreement and (ii) laws, rules, and regulations related to your business, your Media, or your use of the Links.

VI. Third Party Service Compliance: Comply with the terms, conditions, guidelines, and policies of any third-party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services, and ad networks.

VII. Privacy Policy: Consistently display and make available to end-users a privacy policy that complies with all applicable laws, disclosing all information collection, use, and sharing practices, including providing personally identifiable information in connection with the Affiliate Program to Xpander Media and Clients for use as intended.

VIII. Terms and Conditions: Always prominently display and make available to end-users any terms and conditions in connection with the Offer set forth by Xpander Media or Client, or as required by applicable laws regarding such Offers.

IX. Restriction on Online Auction Platforms: Refrain from placing Xpander Media ads on any online auction platform (e.g., eBay, Amazon, etc.). Additionally, specific program terms apply to certain promotional programs:

I. Email Campaigns: For all email campaigns, Affiliate must download the “Suppression List” from the Offers section of Xpander Media and filter its email list accordingly. Affiliate’s emails containing the Links may not include any content other than the Links, except as required by applicable law.

II. Advertising Campaigns: No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless agreed by Xpander Media in writing. Pop-ups/unders must be clearly identified as Affiliate served, and client-side ad serving software must be installed with user disclosure and easy removal methods.

III. Affiliate Network Campaigns: For affiliates maintaining their affiliate networks, Affiliate agrees to place the Links in its affiliate network for access by those affiliates in its Network (Third Party Affiliates). Affiliate must expressly forbid any Third Party Affiliate from modifying the Links, maintain its Network to the highest industry standards, and not permit Third Party Affiliates with objectionable content. Affiliate remains liable for acts or omissions of any Third Party Affiliate unless Xpander Media has received complete and truthful contact information and the Third Party Affiliate has affirmatively accepted this Agreement.

3. NON-DISCLOSURE AGREEMENT

Subject to the stipulations of this Agreement or with the explicit consent of Xpander Media, you hereby undertake that all information, encompassing, but not restricted to, the terms of this Agreement, business and financial particulars, customer and vendor lists, and pricing and sales data, pertaining to us or any of our affiliates, whether conveyed directly or on their behalf, shall be treated as strictly confidential and classified. You commit not to utilize such information, either directly or indirectly, for any purpose other than your participation in the Affiliate Program. This restriction applies unless and only to the extent that the information becomes publicly known or is accessible to the public from a source other than you.

Affiliate agrees not to exploit any information acquired through the Affiliate Program to create, enhance, or operate a service that competes with the Affiliate Program or to assist another party in doing so.

4. RESTRICTED LICENSE & INTELLECTUAL PROPERTY

We grant you a nonexclusive, nontransferable, and revocable right to employ the Links and access our website through the Links, strictly adhering to the terms specified in this Agreement. This authorization is solely for identifying your Media as an active participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.

It is impermissible to modify, alter, manipulate, or create derivative works of the Links or any Xpander Media graphics, creative content, copy, or other materials owned by, or licensed to, Xpander Media in any way. The use of the Links is bestowed only upon members in good standing with the Affiliate Program, and we retain the right to rescind this license by furnishing written notice at any time. Except as explicitly outlined in this Agreement, no rights to any of Xpander Media’s trademarks, service marks, copyrights, patents, or trade secrets are intended to be conferred to you. You acknowledge that Xpander Media may utilize any suggestion, comment, or recommendation you choose to provide without compensation. All rights not expressly granted in this Agreement are reserved by Xpander Media.

5. CESSATION

This Agreement shall initiate on the date of our approval of your Affiliate Program application and shall persist thereafter until terminated as delineated herein. You retain the right to terminate your participation in the Affiliate Program at any time by eliminating all Links from your Media and erasing all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason we consider appropriate, with or without prior notice to you, by deactivating the Links or delivering a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will promptly discontinue all use of and delete all Links, along with all Xpander Media or Client intellectual property, and will cease representing yourself as an Xpander Media or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action, and any provisions that, by their terms, are intended to endure termination, shall persist beyond any termination.

6. LEGAL RECOURSE

In addition to any other rights and remedies available to us under this Agreement, Xpander Media reserves the right to erase any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Xpander Media determines that you have breached this Agreement, (ii) Xpander Media receives complaints about your participation in the Affiliate Program that Xpander Media reasonably believes contravene this Agreement, or (iii) any Qualified Action is subsequently found not to meet the requirements stipulated in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be irrespective of whether such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Xpander Media reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party directly harmed by your actions.

7. ANTI-SPAM GUIDELINES

You must strictly adhere to the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Affiliate Program must incorporate the appropriate party’s opt-out link. Periodically, we may request – before your dispatch of emails containing linking or referencing the Affiliate Program – that you submit the final version of your email to Xpander Media for approval by forwarding it to your Xpander Media representative, and upon receiving written approval from Xpander Media of your email, the email may be sent to third parties.

It is exclusively your responsibility to ensure that the email complies with the Act. You agree not to rely on Xpander Media’s approval of your email for compliance with the Act or assert any claim that you are in compliance with the Act based on Xpander Media’s approval.

8. FRAUDULENT ACTIVITIES

You are explicitly forbidden from employing any individuals, methods, tools, or arrangements to engage in fraudulent activities, violate any applicable laws, disrupt other affiliates, or manipulate information related to referrals through the Links or the generation of Commissions, or exceed your authorized access to the Affiliate Program. Such actions encompass, but are not limited to, using automated methods to inflate the number of clicks through the Links or completion of any required information, utilizing spyware, implementing stealware, engaging in cookie-stuffing, and other deceptive practices or click-fraud. Xpander Media holds the sole discretion to make determinations about fraudulent activities.

Xpander Media retains the right to scrutinize all commissions for potential fraud, whether on the part of the New Player or yourself. Any instance of fraud on your part constitutes a violation of the affiliate Agreement, and Xpander Media reserves the full right to promptly terminate this Agreement in the event of such breach. Furthermore, if Xpander Media determines that fraud has occurred, either by you or a New Player, you shall not be entitled to receive any commissions that have accrued to your benefit at that time, whether such commissions were generated through fraud or by other means.

9. AFFIRMATIONS AND COVENANTS

You hereby affirm and warrant that this Agreement constitutes a legally binding and enforceable obligation on your part, in accordance with its terms, and that you possess the authority to enter into this Agreement. Subject to the other stipulations of this Agreement, Xpander Media affirms and warrants that it will not knowingly violate any law, rule, or regulation applicable to Xpander Media’s business operations or its proprietary products or services.

10. REVISIONS

In addition to any allowable notice under this Agreement, we reserve the right to amend any of the terms and conditions of this Agreement at any time by issuing a notification via email. The alterations will take effect ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely due to such termination within the ten (10) business day period. Your continued participation in this Affiliate Program after a change notice has been communicated will constitute your acceptance of such changes. Additionally, Xpander Media may modify, suspend, or terminate any aspect of an Offer or Link or remove, alter, or adjust any tags, text, graphic, or banner ad associated with a Link. Affiliate undertakes to promptly implement any request from Xpander Media to remove, alter, or modify any Link, graphic, or banner ad used by Affiliate as part of the Affiliate Program.

 11. SELF-ASSESSMENT

You acknowledge having perused this Agreement and consent to all its terms and conditions. You have independently assessed the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee, or statement other than those set forth in this Agreement or on the Affiliate Program.

12. RECIPROCAL INDEMNITY
Affiliate commits to indemnify, shield, and absolve Xpander Media and Clients, along with their respective subsidiaries, affiliates, partners, licensors, directors, officers, employees, owners, and agents from any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees and costs). These arise from (i) any lapse or violation of this Agreement, including representations, warranties, covenants, restrictions, or obligations made by Affiliate herein, (ii) any misuse by Affiliate or any party under Affiliate’s reasonable control or obtaining access through Affiliate, of the Links, Offers, or intellectual property belonging to Xpander Media or Client, or (iii) any claim related to Affiliate’s Media, encompassing the content contained on such Media (excluding the Links).

Xpander Media undertakes to indemnify, defend, and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners, and agents from any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees and costs) arising from a claim asserting that Xpander Media lacks authorization to provide Links.

13. Disclaimers

The affiliate program and links, along with the products and services provided in connection, are supplied to affiliate “as is.” Except as explicitly stated herein, Xpander Media specifically renounces all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement. This includes any warranties arising out of dealings, usage, or trade. Xpander Media does not warrant that the affiliate program or links will meet affiliate’s particular requirements or that the operation of the affiliate program or links will be entirely error-free or uninterrupted. Xpander Media expressly disclaims liability for any act or omission of a client or their products or services. Earning any specific amount of commissions by affiliate is not guaranteed by Xpander Media.

14. Limitation of Liability
Under no circumstances shall Xpander Media be held liable for any unavailability or inoperability of the links, program websites, technical malfunction, computer error, corruption, or loss of information, or other injury, damage, or disruption beyond the reasonable control of Xpander Media. Xpander Media will not be liable for any indirect, incidental, consequential, personal injury/wrongful death, special, or exemplary damages, including but not limited to loss of profits or business opportunity. This applies even if such damages are foreseeable and whether or not Xpander Media has been advised of the possibility. Xpander Media’s total liability to affiliate, arising from all causes of action and theories of liability, will be limited to and not exceed the commissions paid to affiliate by Xpander Media during the six (6) months immediately preceding such claim..

15. GOVERNING LAW & MISCELLANEOUS

Affiliate assumes responsibility for all attorney fees and expenses incurred by Xpander Media to enforce this Agreement. This Agreement constitutes the entire understanding between Xpander Media and Affiliate, superseding all previous agreements, written or oral. Xpander Media is not bound by any Affiliate insertion order or online terms and conditions that contradict, conflict, or supplement this Agreement. Affiliate may not assign this Agreement without Xpander Media’s written consent. Xpander Media can assign this Agreement with notice. The provisions of Section 3, 4(b), 6, 7, 8, 12-15, and accrued payment obligations survive termination. Except as noted in the “Modifications” section, this Agreement cannot be altered without written consent from both parties. If any provision is deemed void, invalid, or inoperative, the remaining provisions continue in effect. Each party is an independent contractor. No course of dealing or delay in exercising rights operates as a waiver. No waiver of any default or breach is a continuing waiver or a waiver of any other breach or default.

By applying to the Affiliate Program, you confirm having read and agree to this Agreement. If unwilling to be bound, refrain from applying. If accessing on behalf of a business entity, you assert legal capacity and authority to bind the entity.

16. Commission Adjustment Policy
In the event that clients deduct an amount of commission due to the presence of duplicate, fraudulent, chargeback, or any other justified reason related to the players brought by the affiliate, Xpander reserves the right to deduct the corresponding amount from the publisher’s commission.

KPI
No motivated traffic, FTDs without bets, scammers (fraud patterns), blocked Players, multi-accounts and test conversions;
Each first deposit should be wagered at least 1x (10 days to complete wager);
At least 30% of all players should make at least 2 deposits in total;

Users acknowledge and agree that payments will only be processed once their accumulated balance reaches or exceeds the Payment Threshold of 500 EURO

17. Revenue Cap Policy
Xpander Media shall not be liable to pay for any additional revenue generated by an affiliate if the affiliate has reached the cap of any assigned campaign.

18. GENERAL DATA PROTECTION REGULATION (GDPR)

INTRODUCTION

This privacy disclosure supplements the Affiliate Program Operating Agreement (the “Agreement”) executed between Xpander Media (“Xpander Media” or “we”) and you (“you” or “Affiliate”). If you’ve previously entered into an Agreement, accepting this privacy disclosure affirms your consent to these terms being integrated into that existing Agreement. All terms from the Agreement remain applicable, except as expressly modified by this privacy disclosure. Definitions outlined in the Agreement retain their meanings in this privacy disclosure (including “Client,” “Links,” “Offers,” “Network,” “Partner,” and “Third Party Affiliates”).

PURPOSE OF THIS PRIVACY DISCLOSURE

Data protection laws, including the General Data Protection Regulation (EU) 2016/679 (commonly referred to as “GDPR”), apply in the European Union. These laws regulate the usage of personal data and grant data subjects enhanced rights concerning personal data utilization.

The transmission of marketing offers through electronic means is also regulated by the Privacy and Electronic Communication Directive 2002/58/EC (as subsequently amended) and, as replaced by the ePrivacy Regulation 2018, collectively known as “EU ePrivacy Law.”

Both GDPR and EU ePrivacy Law, along with associated local laws under GDPR and EU ePrivacy Law, collectively form the “Data Protection Laws.” This privacy disclosure outlines the fundamental requirements regarding the information used to promote the Offers of Xpander Media’s Clients.

In this privacy disclosure, “data controller,” “personal data,” and “data subject” have the meanings ascribed by the Data Protection Laws.

STATUS OF AFFILIATE

Affiliate operates as a data controller for the personal data within its Network.

Affiliate does not share any personal data within its Network with Clients or Xpander Media.

Xpander Media tracks individual clicks on a Link, ensuring that tracking information is void of personal data as overseen by Affiliate.

Acknowledging that Clients independently collect personal data from new customers, Affiliate or Xpander Media acts as data controllers.

Affiliate shall:

  1. Comply with all applicable Data Protection Laws in promoting Offers and sending Links to Network members.
  2. Determine the legal basis for processing personal data of Network members, including obtaining opt-in consent for marketing third-party offers, such as sending Offers and Links.
  3. Obtain consent from each Network member to receive Offers and Links, following Data Protection Laws.
  4. Clearly state in each communication with a Network member that the communication is from Affiliate, not any other referenced party.
  5. Exclude Xpander Media’s or a Partner’s brand or name as the sender name in email or SMS.
  6. Include an opt-out option in each email or SMS, allowing users to opt out with a single click, and refrain from further communications with opted-out users.
  7. Provide, within 3 days of a request by Xpander Media or a Partner, all necessary assistance, information, and advice to demonstrate compliance with this privacy disclosure, the Agreement, and Data Protection Laws. This includes evidence supporting the legal basis for processing personal data of Network members, including timestamps for each case.

Affiliate must provide:

– The funnel where users opted in.

– Screenshot of the email/SMS sent, including (i) the opt-out link (with evidence of its validity), and (ii) a header and footer clearly indicating that the email/SMS is sent by Affiliate without reference to applicable Partner(s) or Xpander Media.

If a Partner lodges a complaint or inquiry, Affiliate agrees that Xpander Media may, without further formality, share details about Affiliate (including evidence of compliance) with the Partner, allowing direct contact with Affiliate.


STATUS OF THIRD-PARTY AFFILIATES

Before permitting a Third-Party Affiliate to endorse Offers and dispatch Links, an Affiliate must insist that the Third-Party Affiliate agrees to abide by this privacy disclosure.

The Third-Party Affiliate assumes identical responsibilities as the Affiliate.

Notwithstanding the preceding sections, the Affiliate holds primary accountability to Clients and Xpander Media for the actions and oversights of Third-Party Affiliates, treating them as if they were the Affiliate’s own actions and oversights.

Clients or Xpander Media reserve the right to request information from Affiliate concerning a Third-Party Affiliate, its network, and adherence to compliance. Affiliate must promptly acquire and provide such information within the timeframes specified for Affiliates.

TIMEFRAMES

Should any information be sought from Affiliate in line with this privacy disclosure (including details about Third-Party Affiliates), Affiliate must furnish such information to the requesting party at the earliest opportunity, and in any case, within 7 days of the request.

CONSEQUENCES OF NON-COMPLIANCE WITH THIS PRIVACY NOTICE

Affiliate commits to indemnify Xpander Media, each Partner, and each Client against all losses, damages, expenses, costs (including legal costs on an indemnity basis), and fines incurred by Xpander Media or the applicable Partner or Client due to the failure of Affiliate or a Third-Party Affiliate to adhere to the terms and conditions of this privacy disclosure.

A breach by Affiliate or a Third-Party Affiliate of the terms and conditions outlined in this privacy notice entitles Xpander Media to promptly terminate its Agreement with Affiliate without notice or liability. This termination results in the immediate cessation of Affiliate’s access to Xpander Media.

In the event of termination per the preceding paragraph, Affiliate must (and shall ensure that the Third-Party Affiliate does) promptly cease promoting any Offers and sending any Links to members of its network.

Xpander Media upholds compliance with the Fourth Anti Money Laundering Directive (AML) by securing necessary documents and approvals from any business entity engaged in transactions with us.

Know Your Customer (KYC) / Know Your Business (KYB) procedures aim to prevent money laundering and other financial crimes, assisting financial institutions in risk management for all stakeholders.

In alignment with Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) regulations, KYC and KYB necessitate confidential identification documents from you to validate that all information provided as Xpander Media account holders is legitimate and free from financial fraud and identity theft.

Xpander Media reserves the right to retain commissions of affiliates unable to furnish the necessary documents to ensure compliance with AML regulations.

Any use of Company’s clients Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in clause below. You 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 the Company’s clients trademarks or otherwise include the Company trademarks.