MERKUR PARTNERS AFFILIATE PROGRAM – TERMS AND CONDITIONS FOR AFFILIATES.
Version 01.07.2017
The following terms and conditions represent the legally binding agreement (this "Agreement") which will govern your participation in our Merkur Partners Affiliate Program. The Merkur Partners website merkurpartners.com is owned and operated jointly and severally by:

• Merkur Interactive Malta p.l.c. (company number C40619) registered in Malta with registered office address at No.2, Geraldu Farrugia Street, Zebbug, ZBG 4351, Malta
Merkur Interactive Italia SpA con socio unico (company number 02719361202) registered in Italy with registered office address at , Via Dei Lavoratori 136/138, 20092 Cinisello Balsamo, Italy;
• Merkur Interactive Services GmbH (company number HRB14408) registered in Germany with registered office address at Charlottenstrasse 13, 10969 Berlin, Germany.
herein together to be referred to as “the Operator” or "we" or "us" or "our" or “Merkur Partners” or "Affiliate Program".

“Affiliate”, “you” and “your” means a member of the Merkur Partners Affiliate Program.

PREAMBLE
By completing and submitting the application form found on the Merkur Partners website which the Affiliate can locate by clicking Partner Registration Form, the Affiliate is deemed to have agreed to be bound by all the terms and conditions set out in this Agreement.
By clicking the "I have read and agree to the terms and conditions" box (or similar wording) on the registration form you accept the terms and conditions of this Agreement, which is a legally binding Agreement between you and us.

1. GENERAL 1.1 You, as an Affiliate, are providing, under this Agreement, marketing services to us, as an independent contractor. Neither party to this Agreement is an agent, representative or partner of the other party. You shall have no right, power or authority to enter into any Agreement for or on behalf of, or incur any obligation or liability on behalf of, or to otherwise bind, us. This Agreement shall not be interpreted or construed to create an employment relationship, an association, agency, joint venture or partnership between us and you or to impose any liability attributable to such a relationship upon either party.
1.2 Your right to market and promote our Site(s) on your Affiliate Websites is at all time subject to the obligations, limitations and restrictions of this Agreement.
1.3 You agree that you are solely responsible for the development, operation and maintenance of your Affiliate Websites. You will ensure that no material appears at any time on your Affiliate Websites which results or could result in your Affiliate Websites being confused with our Sites.
1.4 Our Site(s) shall be advertised and promoted on Affiliate Website(s) which promotes only gambling operators who have been granted a license in the relevant jurisdiction. Therefore, we may reject your application in the event that you promote in any way whatsoever any unlicensed products or services, including but not limited to, any unlicensed online gambling websites or operators.
1.5 In the event there is a conflict between this Agreement and any other additional terms, this Agreement shall govern our relationship with you and replaces and take precedence on any previous Affiliate Agreement you have entered into with us, or a member of the Group in relation to the Site you are advertising.
1.6 Both sides are aware that the object of the Contract is subjected to sudden changes in regulations, both national and European, deriving from the rapid technological development and the problems inherent in the matter itself and thus commit themselves from now on that if these changes interfere somehow with the Agreement, it can be modified to make it compliant to the new rules or Operator's new policy at any time, in our sole discretion, by either (i) emailing you a change notice or (ii) by posting the new version of the Agreement on our Website. All modifications to the Agreement will only take effect FOURTEEN (14) days after the date of posting or sending of any such notice (whichever is the earlier). IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE NETWORK FOLLOWING SUCH FOURTEEN (14) DAY PERIOD WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION. You hereby consent that Merkur Partners may unilaterally terminate, vary or transfer this Agreement at any time.
1.7 We may reject your application or terminate this Agreement with immediate effect, if we determine, in our sole discretion, that your marketing methods (including websites, emails, applications, all as indicated in your application) (collectively the "Affiliate Websites") are not suitable for any reason, including, but not limited to, inclusion of content on your Affiliate Websites that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, might mean that it contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues or (v) any unlawful behavior or conduct. Similarly, we shall reject your application or terminate this Agreement if we determine, in our sole discretion, that any of your Affiliate Websites are designed to appeal to minors.
1.8 Our obligations to you will be satisfied by the relevant entity in our Group for the territory for which you are providing the marketing services. Where it is agreed by us that you will be entitled to submit invoices for payment of the Commission, as opposed to having those Commission paid directly to your bank account.
1.9 Prohibited Jurisdictions. You will not, nor will any person on your behalf or with the permission or authority, explicit or implied, market or promote our Site(s) to residents of prohibited jurisdictions and no resident of any prohibited jurisdiction shall be permitted to become a Player.
1.10 Territorial licensing restrictions. In conducting your marketing and promotional activities under this Agreement you will comply with any jurisdictional limitations applying to our Site(s) which are imposed under the various gambling license(s) applicable our Site(s), including only marketing any of our Site(s) which are targeted and licensed by a particular jurisdiction to the residents of that jurisdiction.
2. DEFINITIONS AND INTERPRETATION
In this Agreement, references to the following words shall have the meanings set out below:
2.1 "My Account" means the area of the Merkur Partners website that is accessible to you and that provides certain 'members only' functionality, including facilities to check relevant statistics, , update your profile, create additional Tracker IDs and bonus codes, select Banners and/or Text Links. All payables are displayed into My Account, unless specifically agreed otherwise.
2.2 "Marketing Materials" means Banners and Text Links and any other marketing materials that have been provided or otherwise made available to you by us and/or pre-approved by us.
2.3 "Banners" and "Text Links" means the graphical artwork or text that includes tracker IDs and bonus codes that are made available by us in the Partner Area and that you may use to connect Players to our Services from your website (or other electronic method) or using other Marketing Materials.
2.4 A "Sign-up Bonus Code" is a unique alphanumeric code that we may make available to you to provide to prospective Players. When entered, the system automatically logs the Sign-up Bonus Codes and records you as the Affiliate in relation to the relevant Player.
2.5 "Tracker(s)" means the unique Tracking URL or Sign-up Bonus Codes that we provide exclusively to you, through which we track Players‘ and Real Money Players' activities and calculate Commission.
2.6 “Loyalty Scheme“ shall mean any bonus system which awards Real Money Player points for their betting activities on our Website.
2.7 "Commission" is the amount due and payable to you, as calculated based solely on our system’s data and in accordance with the terms of this Agreement and the applicable Payment Plan.
2.8 "Fraud Traffic" shall include, but shall not be limited to: revenues or traffic generated on the services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including but not limited to: cookie dropping; incentivized activities; forced clicks; acquisition of Players and / or data through illegal means or similar actions; unauthorized use of copyrights, third-party accounts, trademarks or other third-party Intellectual Property Rights (this includes our own Intellectual Property Rights); creation of false accounts for the purpose of generating Commission; collusion; deposits generated on stolen credit cards; any activity that constitutes Fraud Traffic under 3.4 or 3.5 below; and collusion, bonus fraud or other misuse of promotional materials, manipulation of services or the system.
2.9 "Group" shall mean us and all of our group companies, including subsidiary companies and any holding company of ours, and any subsidiary of such holding company.
2.10 "Intellectual Property Rights" means rights to all existing and future design rights, patents, trademarks, service marks, trade or business names (including domain names), registered designs, moral rights, copyrights (including rights to computer software), format rights and topography rights (whether or not any of these is or are registered and including applications for registration), database rights, trade secrets, know-how and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof.
2.11 "Minimum Required Deposit" means the minimum amount required to open a Player Account as set out on our Site(s), depending on the payment method, jurisdiction and Brand. Such deposits must then add up to a cumulative deposit for each Player in order to satisfy the qualifying criteria, currently set at 25,00 Euros. Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the amounts at any time according to clause 1.6. All amounts are calculated in EUROs.
2.12 "Net Revenue" means the Casino Net Revenue, the Sportsbook Net Revenue, the Poker Net Revenue and the Social Casino Net Revenue.
2.13 “Brands“ means all logos and trademarks and all domains and brand names that contain, are confusingly similar to or are comprised of our brands or any other name or brand owned by us or any company within the Group.
2.14 "Payment Plan" means the conditions under which we pay you the Commission, which shall be either (i) CPA Commission; or (ii) Revenue Share Commission; or (iii) Hybrid as a mixture of CPA Commission and Revenue Share Commission.
2.15 "Player(s)" means any person using any Services on our website whether attached to your Tracker or not.
2.16 "Player Account" means a uniquely assigned account that is created for a Player when he/she successfully registers for the Services via a Tracking URL or Sign-up Bonus Code.
2.17 "Real Money Player(s)" means any person who is attached to your Tracker who: (i) is not located in a Excluded Territory; (ii) who has made the Minimum Required Deposit; (iii) has adequately fulfilled any other qualification criteria based on gaming activity that we may introduce from time to time per territory at our sole discretion; (iv) has not been a Player with us before; (v) is accepted as a Player under any applicable sign up or identity verification procedure, including any applicable age or ID verification; and (vi) carries out the above mentioned actions in 2.17 within 180 (one hundred and eighty ) days of registering on the Website through a Tracking URL.
2.18 “Excluded Territories” has the meaning set out in clause 3.9.
2.19 "Services" means any product or service offered to Players on our Website.
2.20 "Website" or "Site" means all websites, apps and any other online-site or -platform that are owned, operated or controlled by or on behalf of us or the Group and each of its related pages through which a Player opens a Player Account and/or accesses our Services.
2.21 "Spam" means any email or other electronic communication you send that markets, promotes or that otherwise refers to us, the website or our Services or contain any Marketing Materials, our Brands or Trackers and that breaches our electronic marketing rules.
2.22 "Term" means the period from the date that you acknowledge and accept the terms of this Agreement by indicating such acceptance on the Affiliate sign-up form, until such time as this Agreement expires or is terminated in accordance with its terms.
2.23 "Casino Net Revenue" means the amount of casino wagers placed by Real Money Player(s) in the relevant calendar month less: (i) the casino winnings; (ii) the casino bonuses; (iii) Chargebacks; (iv) Gaming Taxes; (v) Administration fees and (vi) any other revenue returns, credits, compensations and refunds given to Players.
2.24 "Sportsbook Net Revenue" means the amount of sportsbook bets placed by Real Money Player(s) in the relevant calendar month less: (i) the sportsbook winnings; (ii) the sportsbook bonuses; (iii) Chargebacks; (iv) Gaming Taxes; (v) Administration fees and (vi) any other revenue returns, credits, compensations and refunds given to Players.
2.25 "Poker Net Revenue" means total of poker rakes collected from Real Money Player(s) plus poker tournament entry fees in the relevant calendar month less: (i) the poker bonuses; (ii) Chargebacks; (iii) Gaming Taxes; (iv) Administration fees and (v) any other revenue returns, credits, compensations and refunds given to Players.
2.26 "Chargebacks" or credit is a credit card transaction which is not collectable by a credit card company as a result of Players non-payment or fraudulent credit card use, or other Player payment transaction which is revoked and for which a credit is given.
2.27 "Gaming Taxes" mean any tax, duty or levy, payable by the Operator(s) to any authority in any jurisdiction in respect of bets, stakes, rakes or fees received from Players.
2.28 "Administration fees" means third party fees, including payment processing fees, any end-user verification and validation fees, software royalties and any game content fees.
2.29 “CPA Commission” shall mean a one-off payment for each Real Money Player registered by us on our systems in any calendar month, the amount to be agreed by you and us as a condition to our acceptance of your application form.
2.30 “Revenue Share Commission” shall mean, as applicable, that percentage of (a) Casino Net Revenue; and/or (b) Sportsbook Net Revenue; and/or (c) Poker Net Revenue; and/or (d) Social Casino Net Revenue, in any calendar month as it is published on the Merkur Partners website.
3. MARKETING ACTIVITIES AND RESPONSBILITIES
3.1 You will be solely responsible for the technical operation of your Affiliate website(s) and the accuracy and appropriateness of materials posted on therein.
3.2 You shall market to and refer potential Real Money Players to the Sites. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws and otherwise comply with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
3.2.1 Target persons who are less than 18 years of age;
3.2.2 Marketing the Sites in any way which might compete with our own marketing efforts, unless you have received written approval from us in such regard to market; (i) on any website on which we promote any of the Sites; (ii) by using pay per click and/or search engine optimization marketing techniques in order to target our Brands or keywords associated with our Brands or other keywords which are confusingly similar to our Brands; (iii) in any other manner that results in you competing with us in relation to the promotion of any of the Sites; or (iv) otherwise where we request that you cease the same;
3.2.3 Breach the electronic-marketing-rules;
3.2.4 Place Marketing Materials on any online site or other medium where the content and/or material on: copies or resembles the Website in whole or in part; infringes or aids in the infringement of the Intellectual Property Rights of any third party; frames any page of the website in whole or in part; or disparages us or otherwise damages our goodwill or reputation in any way.
Failure to remove any infringing content from your website shall be deemed a material breach of this Agreement which is incapable of remedy and we reserve the right to suspend or terminate any of your Trackers or to terminate this Agreement in its entirety, immediately without notice;
3.2.5 Register as a Player on behalf of any third party, or authorize or assist (save by promoting the Site and Services in accordance with this Agreement) any other person to register as a Player; 3.2.6 Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the Site or service on which any functions or transactions are occurring;
3.2.7 If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may withhold any Commission and/or terminate this Agreement immediately on notice. 3.3 You shall only use the Marketing Materials provided by us. You are not allowed to modify any promotion material given to you, including tracking links. Failure to use correct information in this regard will result in our inability to track your Customers.
3.4 Commercial Use Only. This marketing opportunity is for commercial use only. You shall not register as a Player or make deposits to any Player Account (directly or indirectly) through your Tracker(s) for your own personal use and/or the use of your friends, advisors, agents, relatives, or employees, or otherwise attempt to artificially increase the Commission payable to you or to defraud us. Violation of this provision shall be deemed to be Fraud Traffic.
3.5 Trademarks and Domain Names. You acknowledge that we and/or the Group own all Intellectual Property Rights comprised in any and all of the Marketing Materials, our services, the Site and our Brands. Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of our Brands (other than in accordance with the terms of this Agreement) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic. By way of example, but without limitation, YOU MAY NOT REGISTER A DOMAIN NAME THAT INCLUDES OUR BRANDS OR BRANDS CONFUSINGLY SIMILAR TO OUR BRANDS. You agree that all use by you of our Brands including any use of a domain name that includes our Brands or Brands confusingly similar to our Brands inures to our sole benefit and that you will not obtain any rights in our Brands as a result of such use. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to or are comprised of our Brands. You hereby agree to transfer any domain names or trade mark application or registrations in respect of our Brands or Brands confusingly similar to our Brands you may hold or control to us upon demand. You further agree not to attack or challenge our ownership of and title to our Brands in any way.
3.6 No Group Employees. If you are an consultant, officer, employee, director or agent of us or the Group, or suppliers or vendors of us, you are not permitted to participate in the Merkur Partners Affiliate Program or to use directly or indirectly any of the Sites, other than in the course of your employment as a Group employee. Similarly, relative of our employees or Group employees are not permitted to participate in the Merkur Partners Affiliate Program or to use directly or indirectly any of the Sites. For these purposes, the term „relative“ shall include (but not be limited to) any parent, spouse, sibling, child or partner.
3.7 Good practice. You will use your best efforts to promote our Site(s) in a manner that is consistent with good business ethics and which does not reflect adversely upon our name, image or reputation and that of our Group and Brands.
3.8 Excluded Territories. You will not market or promote any Site within or to persons from any Excluded Territories; or be involved in any traffic coming from any Excluded Territories; or allow, assist or encourage circumvention of any restriction put in place by us and/or any Site in connection with Excluded Territories. “Excluded Territories" include the territories indicated in the list below, which may be changed by us from time to time and shall be notified to you. The Excluded Territories are as follows: USA AND ITS TERRITORIES, AFGHANISTAN, ANTIGUA AND BARBUDA, BELGIUM, BULGARIA, CUBA, CYPRUS, ESTONIA, CHINA, HONG KONG, HUNGARY, IRAN, IRAQ, ISRAEL, KAHNAWAKE, LATVIA, LIBYA, MACAU, NETHERLANDS ANTILLES, REPUBLIC OF SERBIA, SUDAN, SYRIA, THE PHILIPPINES, TURKEY, FRANCE, FRENCH SOUTHERN TERRITORIES, GUADELOUPE, MARTINIQUE, FRENCH POLYNESIA, REUNION, ROMANIA, ST. PIERRE AND MIQUELON, WALLIS FUTUNA, MAYOTTE, NEW CALEDONIA, FRENCH GUIANA, CANADA, NETHERLANDS, BELARUS, BOLIVIA, BRAZIL, COSTA RICA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GEORGIA, INDIA, LITHUANIA, MOLDOVA, NIGERIA, PAKISTAN, PANAMA, PERU, UKRAINE, PORTUGAL AND FINLAND.
3.9 You shall ensure that all marketing, advertising and promotions targeted at potential Customers in the United Kingdom or otherwise subject to regulation by the UK Gambling Commission shall include the wording set out in this clause as below:
3.9.1 “www.gambleaware.co.uk”
3.9.2 “18 + only”; and
3.9.3 “Terms and Conditions apply”.
3.10 You shall ensure that all marketing, advertising and promotions targeted at potential Customers registered in Italy shall include the logos and wording set out in this clause as below:
3.10.1 Two regulator logos (as provided by the Operator);
3.10.2 “18 + only” and/or the equivalent wording in Italian;
3.10.3 Company Name Merkur Interactive Italia SpA con socio unico and Licence N. 15099; and
3.10.4 “Terms & Conditions available on www.merkur-win.it” and/or the equivalent wording in Italian.
3.11 British advertising self-regulation. Where you publish on any of your Affiliate Websites any advertising for our Site(s) which is either: (i) intended to come to the attention of persons in Great Britain; or (ii) likely to come to the attention of such persons, you will ensure that such advertising is socially responsible generally and in particular complies with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) at: http://www.cap.org.uk/Advertising-Codes/Non-Broadcast.aspx and in particular (but without limitation) the section (Section 16) concerned with gambling and for these purposes, the term 'advertising' shall have the meaning attributed to it by Section 327 of the British Gambling Act 2005. We shall have the right to terminate these Terms on written notice and without any liability to you if, in our reasonable opinion, you are breach of the obligations set out in this clause.
3.12 You shall ensure that all marketing, advertising and promotions targeted at potential Customers in Spain or otherwise subject to regulation by the Spanish Gambling Authorities will include the logos and wording set out in this clause as below:
3.12.1 “18+ only” and/or the equivalent wording in Spanish
3.12.2 The “juego seguro” logo as provided by the Spanish Gambling Authorities (http://www.juegoseguro.es)
4. REPORTS
4.1 We will track and report Player activity for purposes of calculating your Commission based on your chosen Payment Plan. The form, content and frequency of the reports may vary from time to time in our sole discretion. Generally, you will receive a monthly report with your payment indicating the number of new Real Money Players that signed up that month per Tracker and/or the total amount due to you after any deductions or set offs that we are entitled to make under this Agreement.
4.2 We will provide you with online access to customer reports. To gain access, you will need to use your Affiliate username and password provided. You understand and agree that potential Real Money Players must link through using your unique Tracker link or use your Sign-up Bonus Code in order for you to receive Commission. In no event are we liable for your failure to use Trackers or for potential Real Money Player's failure to properly enter valid Sign-up Bonus Codes. It is your sole responsibility to ensure that the tracking links you use are in the correct syntax.
5. COMMISSIONS AND PAYMENT
5.1 Payments of Commissions shall be made directly to you to the payment account detailed by you as part of your application process (the "Payment "). It is your responsibility to ensure that the details provided by you are both accurate and complete and the Operator will have no obligation whatsoever to verify the accuracy and completeness of such details. In the event that you provide the Operator with incorrect or incomplete details or you have failed to update your details and as a result your Commission is paid to an incorrect payment account, the Operator shall no longer be liable to you for any such Commission. Without derogating from the forgoing, if the Operator is not able to transfer the Commissions to you, the Operator reserves the right to subtract from the Commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details.
5.2 The Operator reserves the right to request that you provide the Operator with written documentation verifying all your beneficiaries and payment account at any time, including upon registration and when any change is made relating to your payment account. The Operator is not obligated to make any payments until verification is completed to its satisfaction. If the Operator believes at its sole discretion that you have failed to provide it with such verification, the Operator retains the right to terminate this Agreement immediately and you shall not be entitled to receive any Commissions which have accrued to your benefit at such time or thereafter.
5.3 The Operator reserves the right to take action against any Affiliate or its referred Players that show patterns of manipulating our terms in any way whatsoever. If we determine at our sole discretion that such conduct is being practiced, we may withhold and keep any Commission payments accrued to the benefit of the relevant Affiliate at such time and thereafter and terminate this Agreement with immediate effect. 5.4 For any Payment Plan containing a Revenue Share Commission the Operator will apply a negative balance carry-over policy as defined under clause 5.7. 5.5 Holdover for Fraud Traffic. In the event that, in our sole discretion, we suspect any Fraud Traffic, under clause 2.8, then we may delay payment of the Commission to you for up to one hundred and eighty (180) days while we investigate and verify the relevant transactions. We are not obligated to pay Commission in respect of Real Money Players who, in our sole discretion, are not verifiably who they claim to be or are otherwise involved with Fraud Traffic, regardless of whether or not it actually causes us harm.
5.6 Method of Payment. All payments to you will be due and payable in EUROS, regardless of the currency any Players assigned to your Tracker may have played in. Payment will be made solely by bank wire, or any other method as we in our sole discretion decide; however, we will use reasonable endeavors to accommodate your preferred payment method. Charges for wires will be covered by you and deducted from your Commission. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of money to your account.
5.7 Commission Calculation. Subject to your compliance with this Agreement we will pay you a Commission in accordance with the Payment Plan. The Commission will be calculated and paid as follows:
5.7.1 Accounting periods. We will account to you for the Commission due to you on a per-calendar month basis and pay you the Commission due in respect of any calendar month no later than thirty-one (31) days after the end of the calendar month in which the Commission arose.
5.7.2. Our calculations are final. You agree that our measurements and calculations in relation to the calculation and payment of Commission shall be final and not subject to review or appeal, save in the case of manifest error.
5.7.3. Each component of the Commission may be calculated to be a negative figure. However, if the sum results in a negative number, the Commission for the relevant calendar month shall be zero and no reverse payment shall be due from us to you. Such negative figures shall be carried forward to subsequent calendar months until the negative balance has been fully set-off.
5.7.4 Commission shall be calculated independently and separately per Operator without offsetting or rollover between the Operators.
5.8 In the event that the Commission per Operator to be paid to you in any calendar month is less than 50 EUR (the "Minimum Amount"), the Operator shall not be obligated to make the payment until such time as the Commission is equal to or greater than the Minimum Amount.
5.9 The Operator reserves the right to reduce your Commission to 10% of Net Revenue in the event that you do not have any persons qualifying as Real Money Players in six (6) consecutive calendar months.
5.10 For avoidance of doubt, the Operator shall be under no obligation to pay any Commissions under any Commission scheme with respect to Money Players which were blocked or suspended by the Operator for any reason (including for reasons of fraud or any failure to validate the end-user account). However, the Operator may deduct from Gross Revenue any or all charges or expenses attributable to blocked or suspended Money Players.
5.11 Disputes. If you disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be received within ten (10) days of our making available your monthly report or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Further, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement of Commissions due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of your Commission, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
5.12 Money Laundering. You shall comply with all applicable laws and any policy notified by us through our Site or otherwise in relation to money laundering and/or the proceeds of crime.
5.13 Taxation. All taxes due in connection with any payments to you are your sole liability. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from this Agreement and for collecting and paying the income tax and social security contributions in respect of your staff, if you have any staff. If Value Added Tax (VAT) or any other sales tax or turnover tax is chargeable, you are responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided.
6. TERMINATION
6.1 Term and Termination. The term of this Agreement will begin when you indicate your acceptance of these terms and conditions on the Affiliate sign-up form and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
6.2 Upon termination, we reserve the right to withhold your final payment for a reasonable time to ensure that: (i) you removed all of our Banners and icons from your site and disable all links from your site to our products ; (ii) you returned us any confidential information and cease use of any of our Marks;
6.3 Any violation of the above Agreement by Affiliate will entitle us to consider this contract terminated. For the avoidance of doubt, on termination of this Agreement you will no longer receive any Commission.
7. LIABILITIES
7.1 WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE PARTNER PROGRAM, OUR SITES, OUR WEBSITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
7.2 We will not be liable for any indirect, special or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or your participation in our Affiliate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total Commissions paid or payable to you under this Agreement.
7.3 Indemnification. You shall defend, indemnify and hold us and our representatives, employees, officers and directors harmless on demand from and against any and all costs, losses, damages, liabilities, demands and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from your breach of this Agreement.
7.4 Without prejudice to any other rights or remedies available to us under this Agreement or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any liability of you to us, including any claims we have against you resulting from or arising from, your breach of this Agreement.
8. WARRANTIES
8.1 You hereby represent and warrant to us the following: (i) you have accepted the terms and conditions of this Agreement, which creates legal, valid and binding obligations on you, enforceable against you in accordance with its terms; (ii) all the information provided by you with regards to your application to our Affiliate Program are true and accurate; (iii) such acceptance and the performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or Agreement to which you are subject to; and (iv) you are an adult of at least 18 years of age.
8.2 You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfill your obligations hereunder without violating any applicable rule of law.
8.3 You warrant that you have independently evaluated the desirability of marketing the Site or Services.
9. MISCELLANEOUS
9.1 Notices. All notices pertaining to this Agreement will be given by email as follows: to you at the email address provided by you on the Affiliate Sign-up Form. It is your sole responsibility to keep your contact details updated. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four (24) hours from the time of transmission.
9.2 Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
9.3 Non-Exclusive. You understand that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you in this Agreement and that such Affiliates may be similar, and even competitive, to you.
9.4 Confidentiality and Non-Disclosure. As an Affiliate, you may receive confidential information from us, including confidential information as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. You shall not disclose this information to third parties or use such information other than for the purposes of this Agreement without our prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required
9.5 Press. You may not issue any press release or other communication to the public with respect to this Agreement, Our Marks or your participation in this Affiliate Network without our prior written consent, except as required by law or by any legal or regulatory authority.
9.6 Assignment
9.6.1 Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this Agreement or any rights under this Agreement, or sub-contract any or all of your obligations under this Agreement, or purport to do any of the same. Any purported assignment in breach of this Section shall confer no rights on the purported assignee.
9.6.2 The Operator reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, without your consent: (i) to any entity within the same Group as the Operator, or (ii) in the event of a merger, sale of assets or other similar corporate transaction in which the Operator may be involved in.
9.7 Governing Law. This Agreement and any matters relating hereto shall be governed by, and construed in accordance with laws of Malta. This however, shall not prevent the Operator from bringing any action in a court of any jurisdiction for injunctive or similar relief.
9.8 Severability. Whenever possible, each provision of this Agreement will 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 or any other provision hereof.
9.9 Entire Agreement. This Agreement embodies the complete Agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written Agreement or understanding between the parties in relation to such subject matter save in respect of modification to this Agreement provided by us to you in accordance with Section 1.4 above. Each of the parties acknowledges and agrees that in entering into this Agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this Section, it might otherwise have had in relation to any of the foregoing. Nothing in this Section shall limit or exclude any liability for fraud.
9.10 Third-Party Rights. Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or statute.
9.11 No Waiver By Us. If there is a breach of any provision of this Agreement, it shall not be considered as a waiver of any subsequent breach of the same or any other provision.
9.12 The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translates version of this Agreement.
10. SITES
Main Sites operated by us are amongst others the following:
1. www.merkur-win.it operated by Merkur Interactive Italia SpA, to be marketed and promoted by you to residents of Italy only;
2. www.merkurmagic.es operated by Merkur Interactive Malta p.l.c., to be marketed and promoted by you to residents of Spain only;
3. www.cashino.com operated by Merkur Interactive Malta p.l.c.; to be marketed and promoted by you to residents of United Kingdom only;
©2017 Merkur Partners. All right reserved.

COMPARISON INFORMATION SERVICES AGREEMENT for www.Merkur-Win.it


WHEREAS
a) MERKUR INTERACTIVE ITALIA S.P.A. is the concessionaire of the Autonomous Administration of State Monopolies for the collection of public games referred to in Article 24, paragraph 11 of the Law of 7 July 2009, n. 88, through the website www.Merkur-Win.it (hereinafter: "www.Merkur-Win.it" or "Merkur Win" or "OPERATOR") and other remote channels, with Conc. GAD n ° 15099 granted to 'ADM operator (Customs agency and monopolies).
b) The Authority for Communications Guarantees (AGCOM) has issued, with resolution no. 132/19/CONS on 18 of April 2019, the "guidelines on the implementation methods of art. 9 of the decree-law no. 87 of 12 July 2018, containing "urgent provisions for the dignity of workers and businesses", converted with amendments pursuant to the Law no. 96 of 9 August 2018 (hereinafter referred to as: "Guidelines" or "GL");
c) Paragraphs 5.5 and 5.6 of the Guidelines exclude from the scope of application of the prohibition prescribed by art. 9 of the Legislative Decree 87/2018, respectively “information limited to the characteristics of the various products and services of the offered game, if issued in the context in which the paid gaming service is offered” and “the information services for comparing ODDS or commercial offers of the various competitors”;
d) THE COMPARATOR is a legal person or a natural person specialized in the public gambling sector and which provides informational services of comparison (hereinafter referred to as Service) about the products and services of the various competitors on the reference market and, in this context, intends to integrate the information content of MERKUR INTERACTIVE ITALIA S.P.A. on their own channels, as defined below.
e) MERKUR INTERACTIVE ITALIA S.P.A., in the exercise of its activities, for the purpose of evaluating the quality, opportunities, competitiveness and satisfaction of its products on the market, uses a special portal called "Income Access" . The Comparator declares to have read and understood the terms and conditions of the Income Access platform which can be viewed on the dedicated page of platform.
f) THE COMPARATOR complies with the terms and conditions set forth below and accepts the agreement and any subsequent amendments that Merkur Interactive Italia S.p.a. reserves the right to make from time-to-time.
g) The subscription of this Agreement completely excludes any relation of company, association, agency, business procurement or co-responsibility, so that none of the Parties can ever be held liable for the obligations or offenses of the other.
h) This Agreement will enter into force and shall be finalized at the time of signature or, if earlier, when the Comparator will activate at its channels the comparison services integrated with information about the MERKUR INTERACTIVE ITALIA S.P.A. provided by Merkur Interactive Italia S.p.a. and in compliance with conditions and policies provided by the latter, forming an integral part of this contract.

1. RECALL TO THE PREMISES AND DEFENITIONS
1.1. The premises and attachments form an integral and essential part of this Agreement
1.2. For the purposes of this Agreement, in addition to the terms otherwise defined in any other part of this Agreement, the terms listed below will have the following meaning:
a) “ADM”: the Italian authority competent in the gambling sector, including online gaming, called Customs and Monopolies Agency or in any of its assigns or successors;
b) “COMPARATOR”: the subject who performs the Comparative Service by integrating on its own Channels information related to MERKUR INTERACTIVE ITALIA S.P.A. products and services;
c) “ACCOUNT”: means any account opened by the Users at MERKUR INTERACTIVE ITALIA S.P.A. as a result of the User's free consultation of the Comparison Services and without any form of invitation to the game.
d) “BANNER”: graphic images or text provided by the Merkur Interactive Italia S.p.a., directly or via Income Access software. The images can be used on the online Channels of the Comparator to allow visitors of the Channel itself to collect more information on MERKUR INTERACTIVE ITALIA S.P.A. products by consulting the MERKUR INTERACTIVE ITALIA S.P.A. website or the other communication channels chosen by the latter;
e) “FEES”: identifies the amounts requested by Comparator and agreed with Merkur Interactive Italia S.p.a. due by the latter in view to the assumption of the risk connected to the presence and permanence of the Information on one or more Channels managed by the Comparator. The Fees, calculated also based on the level of risk connected to the Comparator Channels, the level of compliance with the current legislation and the quality of the Service, are determined and recognized in the manner and within the terms of article 3 of this Agreement.
f) “CHANNEL”: indicates each of the communication channels, both online and offline, through and/or at which the Comparator makes its Service in accordance with the Guidelines and the regulations in force at the time and also complying with the Policy. It is understood that the Channels before they can be used for the Service must be specifically and expressly approved by the Merkur Interactive Italia S.p.a. in writing;
g) “CPA”: acronym for Cost per Action, such as the sum recognized by the Merkur Interactive Italia S.p.a. to the Comparator, per each new Account which complies with the requirements defined in this Agreement;
h) “COOKIE”: text files (letters and/or numbers) that allow the web server to store on the client (the User’s Internet browser) information to be reused during the visit of the internet website (session cookies) or later, even after several days (persistent cookies). Cookies are stored, based on the User's preferences, by the single browser on the specific device used (computer, tablet, smartphone.
i) “INFORMATION”: the information relating to MERKUR INTERACTIVE ITALIA S.P.A. object of the Service;
j) “REVENUE-SHARE”: variable sum, equal to a percentage of Net Revenues of each new Account who meets the requirements indicated in this Agreement.
k) “NET REVENUE”: revenues generated for MERKUR INTERACTIVE ITALIA S.P.A. by one Account after taxes and fees, as indicated at paragraph 3.11
l) “HYBRID”: a sum simultaneously consisting of by CPA and Revenue-Share.
m) “FRAUD”: any behavior by the User aimed at obtaining an unfair advantage in violation of the law, of the Policy, of the GL or of the MERKUR INTERACTIVE ITALIA S.P.A. regulations. It also indicates any behavior of the Comparator aimed at obtaining an unfair advantage, also economic, in violation of this Agreement, of the Policy, the Guidelines and the law in force at the time.
n) “THE OPERATOR’S PRODUCT”: means each of the public games with cash prizes referred to in article 24, paragraph 11, of the Law no. 88 of 7 July 2009, and each of the services offered to the public through the MERKUR INTERACTIVE ITALIA S.P.A. website.
o) “TRACER LINK AND/OR TRACKING LINK”: unique hyperlink assigned to the Comparator, used to track the origin of the new Accounts of MERKUR INTERACTIVE ITALIA S.P.A. in order to allow the assessment of the competitiveness and satisfaction of the Operator's Products.
p) “USER”: indicates the holder of an Account;
q) “UNTRACKED USER”: subject who has opened a MERKUR INTERACTIVE ITALIA S.P.A. Account and who is not tracked via Tracer Link and/or Cookie and/or any other tracking method however named and previously communicated;
r) “DEPOSITOR USER”: Account in which at least one deposit has been carried out with actual/real money.
s) “BASELINE DEPOSIT OR MINIMUM DEPOSIT” means the minimum amount of the deposit made by the holder of the Account, necessary for the recognition of the FEES to the Comparator.
t) “ACTIVITIES BASED ON ACTUAL/REAL MONEY”: activity performed by the User, with real money with reference to one or more Operator’s Products, resulting from a previous real money deposit.
u) “MINIMUM PAYOUT”: the minimum amount payable to the Comparator for the recognition on a monthly basis of the Accumulated Fees.
v) “POLICY”: the instructions and operational guidelines drawn up and defined by Merkur Interactive Italia S.p.a. (Attachment 1) which the Comparator must comply with when carrying out the Service. It is understood that the Policy may be modified at any time at the total discretion of Merkur Interactive Italia S.p.a. also, but not only, for reasons of adaptation to the regulations in force at the time, to market best practices or for reasons of organizational or process convenience. The updated Policy are intended to be in force after 5 days from the date shown at the bottom of the same or, if later, from that of sending (also via e-mail) to the Comparator, who undertakes within the same term to change everything necessary on the own channels in order to adapt and comply with the changes introduced.

2. SCOPE OF APPLICATION OF THE CONTRACT
2.1 By virtue of this Agreement, the Comparator shall, at his own expense, through its organization of means and people, with its assumption of business risk and the best of its ability, the Comparison Services of commercial offers and Operator’s Products in compliance with the law in force at the time, including the provisions of the Guidelines, as well as the Policy, integrating its own Channels and providing them with all Information, including those useful to the User in order to find more information at the Operator also using Tracing Links.
2.2 In the face of the correct execution of the activities and services covered by this Agreement, the Comparator will be entitled to the Fees as specifically defined and indicated on page 1 of this Agreement.

3. FEES, PAYMENT TERMS AND FRAUDS
3.1. The Comparator undertakes to provide the required tax documentation (Invoice or Withholding Tax Form provided by Merkur Interactive Italia S.p.a.) in the terms and by means communicated by Merkur Interactive Italia S.p.a.. In case of non-fulfillment or delay in performance, or if the requested documentation was not sent to Merkur Interactive Italia S.p.a. or is not suitable under the Italian law in force at the time, Merkur Interactive Italia S.p.a. reserves the right to delay and withhold payments.
3.2. The Parties agree that for the purpose of determining the Fees shall be authentic the data reported in the account in the Income Access panel assigned to the Comparator, subject to any adjustments communicated by Merkur Interactive Italia S.p.a. to the Comparator by e-mail to the e-mail address indicated by the Comparator on page 1.
3.3. The activity carried out by individuals is attributable to self-employed activities, therefore, Merkur Interactive Italia S.p.a. will keep 20% by way of withholding tax, according to art. 25 of the Presidential Decree 600/72. The Comparator is aware that the activity is considered carried out occasionally for amounts up to €. 5.000,00 gross per year.
3.4. The payment terms and conditions are subject to change at the sole discretion of Merkur Interactive Italia S.p.a..
3.5. Merkur Interactive Italia S.p.a. may, at its sole discretion and with immediate effect, modify the criteria for determining the Fees and the Fee itself, prior written notice to the Comparator by e-mail to the e-mail address indicated by the Comparator on page1.
3.6. Merkur Interactive Italia S.p.a. reserves the right to withhold the amounts due and payable under this Agreement if it considers there has been a Fraud even if the Comparator is not aware of it. In addition, Merkur Interactive Italia S.p.a. is deemed authorized to withhold future payments from the amounts which are already has been paid and subsequently were deemed to come from activities arising from Fraud (for example: Accounts open to the persons not informed or consenting, Accounts opened only by giving money to the players, Accounts where the first game is played solely to enable the commission without respecting the natural cycle of the game, accounts handled by persons not of the same owners, violations of the gambling regulations by the Users). Merkur Interactive Italia S.p.a. is deemed authorized to withhold amounts if the Comparator in case he will be practicing a Rake -Back or financially incentivized traffic. The unlawful behavior will not be tolerated, in particular, those who steal or copy the content of other websites (site scraping) and in such cases Merkur Interactive Italia S.p.a. reserves the right to immediately terminate this Agreement, by simple communication by e- mail to the Comparator. It is subject to the right to compensation for damages, of any kind, caused to any natural or legal person and, in particular, to the Merkur Interactive Italia S.p.a. and MERKUR INTERACTIVE ITALIA S.P.A..
3.7. If the Operator communicates to Merkur Interactive Italia S.p.a. that it has suspended the remuneration of the activities of a Comparator, the Merkur Interactive Italia S.p.a. has the right to suspend the payments due to them, until the final and definitive release and/or revocation of the suspension by Operator will be communicated.
3.8. The Comparator, acknowledge and agree that no amount will be due by way of the Fee or any other means, when resulting from Chargebacks, Fraud or misconduct or illegally put in place by new Accounts - including collusion, chip dumping, bonus abuse, violation of anti-money laundering legislation or other applicable laws, false identities, theft of credentials, false, misleading or unauthorized statements, use of stolen credit or debit cards. Merkur Interactive Italia S.p.a., therefore, is deemed to be entitled to withhold future amounts from amounts already paid and not due to the Comparator.
3.9. The Comparator undertakes to keep Merkur Interactive Italia S.p.a. completely harmless and free from any loss, claim, demand, damage, cost, expense (including consequential losses and loss of profit, reasonable costs and legal fees, plus VAT if applicable) as well as from liabilities suffered or incurred, directly or indirectly, by Merkur Interactive Italia S.p.a. as a result of any breach by the Comparator of its obligations under this Agreement as well as under applicable law in force at the time, including the Guidelines, and/or Policy.
3.10. It is understood that, if Merkur Interactive Italia S.p.a. or Operator discover any unequivocally execution of any malicious conduct, fraudulent practices or otherwise contrary to good faith in the execution of the Agreement by the Comparator, Merkur Interactive Italia S.p.a. may in its sole discretion require the Comparator to pay, by way of penalty, a sum corresponding to 100% of the total amount of the amounts withheld and/or suspended pursuant to the previous paragraphs 3.6, 3.7 e 3.8, as well as the payment of an amount equal to the amount of administrative sanctions possibly imposed, directly or indirectly, on Merkur Interactive Italia S.p.a. because of any violations that are directly or indirectly attributable to the Comparator (including, only as the example, the contents and format of the Channels) and compensation for any further damage, including reputational damage, possibly suffered directly or indirectly by Merkur Interactive Italia S.p.a..
3.11. The Comparator takes note that the Revenue-share payable is calculated as a percentage on the net margin produced in the calendar month from the new Account, on the single reference game indicated in the commission profile. The net margin is calculated by reducing taxes, bonuses and platform costs.

4. THE CASH-FLOW TRACEABILITY
4.1. The Comparator, is committed to meeting the requirements regarding traceability of financial flows referred to in Article 3 of Law no. 136/2010, as specified by the art. 24 of Law no. 111/2011.

5. ALLOWED CHANNELS
The Comparator is allowed to publish the Information exclusively on the Channels indicated on page 2 of present Agreement, previously communicated to Merkur Interactive Italia S.p.a. in writing, also via e-mail, and approved by them, as long as sufficient information is provided for the correct, clear and unambiguous identification of the same, including at least (i) the type of activity carried out for each Channel, as well as (ii) the name of all the other operators competitors of the Operator whose information is presented on each Channel, and in addition that:
- do not contain games that do not comply with the ADM provisions;
- are not under the construction;
- use the Italian language;
- do not contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, do not contain nude images, pornography or sexually explicit materials;
- do not contain viruses, Trojan horses, worms, or any other type of computer virus or that may or able to damage, interfere, intercept or expropriate any system, data or personal information;
- do not promote violence, discrimination based on race, religion, nation, sexual orientation, age or physical condition;
- do not promote and commercialize illegal products and services or file sharing;
- are not cashback websites, rake-back websites;
- do not contain software or use technology that attempts to intercept, divert or redirect Internet traffic to and from any other website;
- do not contain information or messages that are in contrast with the GL or with the Policy or in any case are not lawful according to the regulations in force at the time.

6. USE OF INFORMATION
6.1. Merkur Interactive Italia S.p.a. will supply to the Comparator, via e-mail or through the Income Access panel, the information and
materials, such as text links and/or tracing links, and other information materials, (hereinafter referred to as "Allowed Materials"). These materials are and will remain the exclusive property of MERKUR INTERACTIVE ITALIA S.P.A..
6.2. The Allowed Materials, made available to the Comparator by the Merkur Interactive Italia S.p.a., must not be modified or altered in any way without the prior written consent of the Merkur Interactive Italia S.p.a.. With this purpose, The Comparator undertakes, also due to the fact/event of the third party pursuant to Article 1381 of the Italian Civil Code, not to modify or alter in any way the Allowed Materials and not to use other materials or information without the prior written consent, via e-mail, of the Merkur Interactive Italia S.p.a..
6.3. The Comparator shall be liable for any economic, reputation or other damages related to the incorrect use of the Information, also pursuant to the previous Paragraphs 3.9 e 3.10.
6.4. All Allowed Materials and the Information must be kept up to date by the Comparator in accordance with the requests of Merkur Interactive Italia S.p.a..
6.5. The Comparator must place the Allowed Materials only on Channels previously communicated to the Merkur Interactive Italia S.p.a. and approved by the same. The location of the Allowed Materials and Information on Channels, performed by the Comparator after the signing of this Agreement must be approved in advance by the Merkur Interactive Italia S.p.a.. Otherwise, the Merkur Interactive Italia S.p.a. reserves the rights referred to in Paragraphs 3.6, 3.8, 3.9, 3.10.
6.6. The Comparator by the act of knowing and having understood the content of Legislative Decree no. 158 of 13.09.2012, converted into the Law, with amendments, introduced by the Law no. 189 of 08.11.2012 (so-called "Balduzzi Decree"), with particular reference to art. 7 of the rule regulating the matter as well as of the Dignity Decree with particular reference to article 9, the Policy and the Guidelines.


7. METHOD OF TRACKING
7.1. User tracking is done by a unique Cookie which lasts for 30 days.
7.2. The Comparator is aware that the modification of the tracing links involves the failure to track users.
7.3. The Comparator has to use tracing links assigned to him (communicated to Comparator by the Merkur Interactive Italia S.p.a. via e-mail or via the Income Access account following the instructions provided by the Merkur Interactive Italia S.p.a. itself).

8. KEYWORD ADV CAMPAGNES, DOMAINS AND SOCIAL PAGES
8.1. The Comparator undertakes not to conduct direct web campaigns or via social media or to buy Keywords in search engines in Search Engine Marketing campaigns.
8.2. It is prohibited to the Comparator to register and/or create domain names or social media pages or profiles (on any platform), which include and/or are similar, or risk being confused with intellectual property rights and with portals of the MERKUR INTERACTIVE ITALIA S.P.A., including the name "MERKUR INTERACTIVE ITALIA S.P.A." and/or any other brand or company associated with, including any spelling alternative of domain names of any website (via an operation called "typosquatting" or "URL hijacking"), or any other phonetic transcription alternative to one of MERKUR INTERACTIVE ITALIA S.P.A. websites.

9. DURATION AND TERMINATION OF THE AGREEMENT
9.1. This Agreement has the indefinite duration.
9.2. The Comparator has the right to withdraw from this Agreement with immediate effect, with or without just cause, by sending a written communication to the Merkur Interactive Italia S.p.a. e-mail address used for official communications pursuant to.
9.3. The Merkur Interactive Italia S.p.a. has the right to withdraw from this Agreement, with immediate effect, with or without just cause, by sending a written communication to the e-mail address of the Comparator reported by the same on page 1 of this Agreement.
9.4. On the date of termination of the effects of this Agreement, the following provisions will apply:
- The Comparator will cease all activities related to the Services that uses the Information and Materials related to MERKUR INTERACTIVE ITALIA S.P.A. and all rights and licenses granted to the Comparator, in accordance with the provisions of this Agreement, they will expire with immediate effect, except as otherwise provided for in this Agreement;
- The Comparator will return, and subsequently destroy, all confidential information relating to MERKUR INTERACTIVE ITALIA S.P.A. and/or Merkur Interactive Italia S.p.a., and stop the use of any denomination, trademark or service mark, logo, Information or MERKUR INTERACTIVE ITALIA S.P.A.’s and/or Merkur Interactive Italia S.p.a. Text or Tracing Link and any other material related to MERKUR INTERACTIVE ITALIA S.P.A. and/or Merkur Interactive Italia S.p.a.;
- In the event of termination, the Merkur Interactive Italia S.p.a. will pay to the Comparator the commission gained up to the date of termination, except in the cases referred to in Articles 3.1, 3.2, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 5, 6.3, 6.5, 7.3, 8.

10. APPLICABLE AND JURISDICTION
This Contract is regulated by and interpreted based on Italian Law. The trial court of Milan, Italy is the competent one.

11. CONFIDENTIALITY
11.1. Each Party undertakes, however, to not disclose or use any confidential information, as it may even cause a potential harmful effect to the other Party, with the following exceptions:
i. to the extent required by the law in force or by a competent institution, but in such a case, only following consultation and agreement between the parties regarding the timing and content of such disclosure;
ii. in the case of professional consultants, subject to confidentiality obligations and exclusively to the extent permitted by law;
iii. if it is necessary for the purposes of carrying out the activities covered by this Agreement, it being understood that the recipients of such confidential information must be subject to confidentiality obligations of the same content. 11.2. Each Party undertakes and guarantees, at the written request of the other Part, to return the Confidential Information disclosed, belonging to or relating to the other Party (in original and in copy) e to confirm to the other Party in writing (via the e-mail indicated on page 1 of this Agreement) that they have been destroyed.
11.3. The provisions of the present Article shall be effective for the entire duration of this Agreement as well as for 5 years after its’ termination for any reason.
11.4. The Comparator will not use for purposes unrelated to this Agreement and, in any case, not disclose to third parties any Information related to:
• work/business processes;
• commercial strategies and initiatives;
• content and structure of this contract;
• content and structure of the Policy. 11.5. In case of violation of the obligations or prohibitions referred to in this article, with particular but not exclusive reference to Paragraph 11.4, Merkur Interactive Italia S.p.a. will have the right to terminate this contract pursuant to art. 1456 of the Italian Civil Code without prejudice to the compensation for commercial, reputational and any other kind of damages.

12. COMUNICATIONS
12.1. All communications requested and permitted by this Agreement will be made in writing via e-mail and will be deemed sufficiently and regularly carried out upon receival. Merkur Interactive Italia S.p.a. will send the communications to the e-mail provided by the Comparator and himself indicated on page 1 of the present Agreement. The Comparator will send the official to the following address comparatore@merkurpartners.com.

13. INDEMNITIES AND WARRANTIES
13.1. The Comparator must indemnify MERKUR INTERACTIVE ITALIA S.P.A. and the Merkur Interactive Italia S.p.a. from any liability, claim, lawsuit, sentence, any costs and expenses, including reasonable legal fees, deriving directly or directly related to:
i. any negligence or intentional actions or omissions on the part of the Comparator, related to its’ performance or its guarantees under this Agreement;
ii. any material breach of this Agreement by the Comparator;
iii. any claims related to any illegal activity on the part of the Comparator, whether alleged and/or proven.
13.2. Each Party to this Agreement represents and warrants to the other party that it has and will maintain for the duration of this Agreement every right, title and authority to enter into this Agreement, to grant the other Party the rights and licenses granted in this Agreement and to fulfill all obligations, pursuant to this Agreement.
13.3. Except as already expressed in this agreement, Merkur Interactive Italia S.p.a. does not offer any guarantee or explicit or implicit declaration regarding MERKUR INTERACTIVE ITALIA S.P.A. Products, without limitations regarding its functionality, suitability for a particular purpose, marketability, legality. In addition, specifically, the Merkur Interactive Italia S.p.a. does not guarantee that the operation of the MERKUR INTERACTIVE ITALIA S.P.A. website and Income Access platform be uninterrupted or error free and cannot be liable for the consequences that such would have.
13.4. The Parties confirm and guarantee that each Party has, and will keep having for the whole duration of this Contract, the right and title, is legally qualified and duly authorized to perform and carry out this Agreement and to be bound by the terms and the conditions set out therein.
13.5. Each Party undertakes to (i) carry out any further action and execute and provide any additional documents that may reasonably be necessary to implement the provisions of this Agreement and (ii) behave in good faith for the duration of the Agreement, in such a way to mutually preserve the benefits provided by this Agreement.
13.6. Each Party of this Agreement declares, guarantees and commits to the other party to obtain and maintain all the necessary registrations, authorizations, consents and licenses to enable it to fulfill the obligations set forth in this Agreement and to fully comply with all laws and regulations.
13.7. THE COMPARATOR agrees to indemnify Merkur Interactive Italia S.p.a. and MERKUR INTERACTIVE ITALIA S.P.A., in full, including the legal, litigation and consultation fees, regarding any dispute or claim of a third party, including , by way of example and without any limitation: the Public Security Authorities, the Authority for Communications Guarantees, the IAP advertising (self-regulation body), AAMS (independent administration of state monopolies), inherent to the lawfulness and truthfulness of the contents and their compliance with public order, as well as any violations of the intellectual property of third parties, in relation to the lawfulness and truthfulness of the contents and their compliance with public order, as well as any violations of the intellectual property of third parties.

14. Information note pursuant to EU Regulation no. 679/2016 and Legislative Decree no. 101/2018 on the protection of personal data 14.1. The European Regulation no. 679 of 27 April 2016 on the processing of personal data provides for the protection of individuals with regard to the processing of personal data. Pursuant to Articles 13 and 14 of the aforementioned Regulation and the new national regulatory measures, we therefore provide you with the following information:
14.2. Who is the Data Controller? Merkur Interactive Italia S.p.a. acts as the data controller of the Comparator's personal data and can be contacted at the following e-mail comparatore@merkurpartners.com.
14.3. What data are processed? The Data Controller processes personal data provided by the Comparator, including name, surname, contact details, fiscal and payment information. The Data Controller does not need to process data belonging to particular categories (sensitive and judicial data), pursuant to and for the purposes of articles 9 and 10 of the EU Regulation no. 679/2016, and, therefore, the Comparator will not have to provide them (jointly defined the "Data"). The data will only be processed for the purposes indicated in the next paragraph: in the event that additional data, not requested by the Data Controller, were communicated, the consent given by the Comparator may be revoked at any time, by sending an explicit request to the 'e-mail address comparatore@merkurpartners.com.
14.4. For what purposes the data are processed? The processing of the Comparator Data is aimed solely at:
14.5. On what basis the data are processed? Data processing:
14.6. How the data are processed? The processing of the Comparator Data is carried out by means of the operations indicated in art. 4 n. 2) of the EU Regulation no. 679/2016 and precisely: collection, registration, organization, storage, consultation, processing, modification, extraction, use, communication through any form available, cancellation and destruction of data. The Data may be processed with manual or computerized tools, suitable to guarantee security, confidentiality and to prevent unauthorized access and violation of the Data processed. Data storage and information storage is performed using cloud computing tools on servers located within the EU territory: for more information on safety standards, compliance with the requirements set by the GDPR adopted by the selected external providers, consult the web pages https://policies.google.com/privacy?hl=it, https://www.dropbox.com/privacy, and https://www.aruba.it/informativa_arubaspa.pdf.
14.7. What is the data retention period? The Data processed by the Data Controller:

• for the Contractual Purposes referred to in letters (a) to (d) and for the Purposes of Legitimate Interest referred to in paragraph 14.4, letter (e), they will be kept for a period equal to the duration of the Contract and/or service offered (including any renewals) and for the 10 years following the end, termination or withdrawal of the same, except in cases where storage for a subsequent period is required for any disputes, requests by the competent authorities or pursuant to applicable legislation;
• for the Purposes of Legitimate Interest referred to in paragraph 14.4, letter (f), they will be kept for the duration strictly in order to guarantee the reliability of the checks indicated therein;
14.8. To which subjects the data may be communicated to? The Data may be communicated for the Contractual Purposes to subjects who perform services connected and functional to the management of the existing contractual relationship or to be stipulated and, in particular, to the following categories of subjects located within the European Union:

• suppliers of products/services related to the activities carried out by the data controller and public institutions;
• service providers, tax and legal advice, including debt collection companies;
• IT or storage service providers, such as the company that issues and manages the digital signature certificate in the event that the digital signature is used by the Comparator to sign the contract.
14.9. Will the data be transferred abroad? The Data may be freely transferred outside the national territory to countries located in the European Union. The Comparator will have the right to obtain a copy of the data held abroad and to obtain information about the place where such data is stored by making a specific request to the Data Controller at comparatore@merkurpartners.com.
14.10. Who are the external data processors? The complete list of data processors is available by sending a written request to the e-mail comparatore@merkurpartners.com.
14.11. What are the rights of data subjects? (Rights pursuant to articles 15, 16, 17, 18, 20, 21 and 22 of the EU Regulation no. 679/2016. The Comparator, in addition to the right to lodge a complaint with a supervisory authority, also has the rights listed below, which can be enforced by submitting a written request to the data controller and/or data protection officer as indicated in point 1 of this information note:

The Data may be disclosed for the Purposes of Legitimate Interest referred to in paragraph 14.4, letter (e) and (f), to providers of assistance services, technical, tax and legal advice, assignees of the credits in the context of transactions of securitization of credit or credit transfer for purposes strictly connected and instrumental to the management of the relationship with the assigned Comparator, as well as to the issue of securities, transferee subjects of the company or business branch, potential buyers of the Merkur Interactive Italia S.p.a. and resulting companies from possible mergers, splits or other transformations of the Merkur Interactive Italia S.p.a. , also in the context of the functional activities for such operations, and to competent authorities.
For data storage and storage services, Merkur Interactive Italia S.p.a. makes use of cloud services relating to the providers indicated in point 5) of this information, which guarantee standard technical-organizational and security measures and comply with the provisions of the EU Regulation no. 679/2016.
The subjects indicated above may act, as the case may be, as external processors or autonomous data controllers.
The updated list of the companies to which the Comparator Data will be communicated may be requested at any time from the Data Controller by specific request to be sent to the e-mail address comparatore@merkurpartners.com.
The Data will not be subject to further disclosure.

14.9. Will the data be transferred abroad? The Data may be freely transferred outside the national territory to countries located in the European Union. The Comparator will have the right to obtain a copy of the data held abroad and to obtain information about the place where such data is stored by making a specific request to the Data Controller at comparatore@merkurpartners.com.
14.10. Who are the external data processors? The complete list of data processors is available by sending a written request to the e-mail comparatore@merkurpartners.com.
14.11. What are the rights of data subjects? (Rights pursuant to articles 15, 16, 17, 18, 20, 21 and 22 of the EU Regulation no. 679/2016. The Comparator, in addition to the right to lodge a complaint with a supervisory authority, also has the rights listed below, which can be enforced by submitting a written request to the data controller and/or data protection officer as indicated in point 1 of this information note:
• Art. 15 - Right to access
The Comparator has the right to obtain from the data controller the confirmation that a processing of personal data concerning him is being carried out and, in this case, to obtain access to personal data and information regarding the processing.
• Art. 16 - Right of correction
The Comparator has the right to obtain from the data controller the rectification of inaccurate personal data concerning him without undue delay. Taking into account the purposes of the processing, the Comparator has the right to obtain the integration of incomplete personal data, even providing a supplementary declaration.
• Art. 17 - Right to cancellation (right to be forgotten)
The Comparator has the right to obtain from the data controller the deletion of personal data concerning him without unjustified delay and the data controller has the obligation to delete personal data without undue delay.
• Art. 18 - Right to limit the processing
The Comparator has the right to obtain the treatment limitation from the data controller when one of the following hypotheses occurs:
a) the Comparator disputes the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data;
b) the processing is unlawful and the Comparator opposes the deletion of personal data and requests instead that its use be limited;
c) although the data controller no longer needs it for the purposes of processing, personal data is necessary for the Comparator to ascertain, exercise or defend a right in court;
d) the Comparator opposed the processing pursuant to Article 21, paragraph 1, pending verification regarding the possible prevalence of the legitimate reasons of the data controller with respect to those of the Comparator.
• Art. 20 - Right to data portability
The Comparator has the right to receive in a structured format, commonly used and readable by automatic device, the personal data concerning him provided to a data controller and has the right to transmit such data to another data controller without hindrance by of the data controller to whom it has supplied them.
In exercising its rights with respect to data portability pursuant to paragraph 1, the Comparator has the right to obtain direct transmission of personal data from one data controller to another, if technically feasible.
• Art. 21 - Right of opposition
The Comparator has the right to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him pursuant to article 6, paragraph 1, letters e) or f), including profiling on the basis of such provisions.
• Art. 22 - Right not to be subjected to automated decision-making, including profiling. The Comparator shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which significantly affects him in a similar way.
14.12. Changes and Updates.
This information is valid from the date indicated in the inscription. The Data Controller may also make changes and/or additions to this information, also as a result of any subsequent amendments and/or regulatory additions. If substantial, the changes will be notified in advance and the Comparator will be able to view the text of the information constantly updated at the headquarters of the Data Controller, the website www.merkurpartners.com and/or request a copy by sending a specific written request to comparatore@merkurpartners.com.



Annex 1 - Policy for information and comparison activities

WHEREAS
This Annex provides guidelines for proper communication and related comparison with other operators or gambling websites of information and content in general related to the Operator’s services, in the light of the Legislative Decree no. 87/2018.
It is understood that this Policy may be modified at any time at the sole discretion of Merkur Interactive Italia S.p.a.. also, but not limited to, for reasons of compliance with the legislation in force at the time, with the market best practices or for reasons of organizational or process convenience. The updated Policy is intended to be in force after 5 days from the date shown at the bottom of the same or, if later, from that of sending (also via e-mail) to the Comparator, who undertakes within the same term to change everything necessary on the own channels in order to adapt to the introduced changes.
GENERAL POLICY
1. Any form of communication, activity, funnel and Call to Action that encourages gambling or merely proposes or suggests registering on the website or recharging the gaming account is prohibited.
2. Only the comparative information activity is permitted for products and/or of the Operator services, addressed to an adult target, expressly interested, that actively search for such information. The information provided must be objective, truthful and complete, not misleading, given in a descriptive manner and without any promotional emphasis.
The information must be given strictly in a comparative context. The services/products of the Operator must therefore be described and compared to the same services offered by other operators with a regular Italian license (minimum 3).
3. It is forbidden to use Call To Action with an exhortative, suggestive, imperative or emphatic language, such as, by way of example only, "open an account", "sign up", "Play", "Play Here", "Deposit", "Receive Bonus", "Take Advantage of the Promotion", "Recharge the Account", "Win", "Earn", "No Risk", "Urgent", "Become Rich", "Big winnings", "you always win","go bust", "make cash", etc..
4. It is allowed to make references and links, without any exhortative, suggestive, imperative or emphatic messages, which allows the access to the operator's website on which it is possible to find additional information researched by the interested user, such as "Visit the Website", "Info Here”, "Visit the Page", "Link to the Site", "Here you can visit the site".
5. It is forbidden to carry out information and comparative activities on generalist channels, or all those websites or other informational means that do not deal exclusively with information related to gambling or real-money skill games (websites or information media that generically deal with sports, trading, gambling and video games are also part of this ban).
6. It is permitted to provide an information in a comparative way only and exclusively on channels (websites, blogs, social groups and pages, private clubs, messaging groups) specialized on gaming/gambling and if they only treat online and offline gambling and skill games for real money online and offline (such as, Texas Hold'Em Poker).
7. It is prohibited any form of marketing, including, but not limited to, e-mail marketing and text message campaigns.
8. It is forbidden to publish, or in any case use images that show winnings or bills showing the winnings, images that show the money if they lead to the certainty, or in any case the unjustifiably high probability, of the winnings. The images published, or in any way to used, must not be accompanied by texts that suggest the possibility of winning or earning, which invite you to play or follow a particular game strategy. Call To Action of any kind is prohibited (for example, inviting to join a private messaging group or invite to follow a private page).
9. It is forbidden to publish, or in any way to use, images that show cards played or to be played in which the winnings are visible, if they lead to the certainty, or in any case the unjustifiably high probability, of the winnings. The images must not be accompanied in any way by phrases that emphasize the winnings, which suggest that the possibility of loss is only remote or in any case less than winning, which let us understand directly or indirectly that winnings are guaranteed or in general that they provide advice on how to bet.
10. It is prohibited to use, in any part of the used channels, a hortatory, suggestive, mandatory or emphatic language, such as but not limited to "open an account", "subscribe", "Play", "Play Here", "Deposit", "Receive the Bonus", "Take Advantage of the Promotion", "Recharge the Account", "Win", "Scoop the winnings", "Earn" , "No Risk", "Urgent", "Become Rich", "Big winnings", "you always win", "go bust", "make cash", etc. .
11. Where possible, it is necessary to precede any communication concerning the Operator from titles such as "information on the Operator's offer" or "information for the Operator 's customers".
12. It is mandatory to make available to users the information and warnings for players in compliance with the Law no. 189 of 8 November 2012, article 7, paragraph 5 and otherwise related to the ban on gambling for minors.
13. Where possible, it is necessary to insert disclaimers that communicate that the contents published are for purpose of comparative information, for example "The comparison, the related information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance with the Legislative Decree no. 87/2018 as well as with the continence, not misleading and transparency principles, as indicated by the Communications Regulatory Authority in point 5.6 of its guidelines (attached to the resolution 132/19/CONS) and therefore does not constitute a form of advertising".
14. The information that can be used for informational and comparative purposes may include: - The welcome bonus and the related mechanics;
- The quotas and the related potential winnings, due to the intrinsic characteristics of the compared commercial offers (it should never lead to the direct or indirect understanding that winnings are certain nor highly possible);
- The types of bets available and their potential winnings on account of the intrinsic characteristics of commercial offers compared (it should never lead to the direct or indirect understanding that winnings are certain nor highly possible);
- The available sporting events on which it is possible to bet, and respective calendars;
- App available;
- The methods of recharge and withdrawal, as well as the related processing times; The types of gaming services offered;
- Customer assistance services;
- Loyalty Programs and related mechanics;
- Any awards such as the "EGR Awards";
- The approval rate for the users of the products or services of these operators (as long as it is based on objective metrics and both demonstrable and by the user via means of feedback collection systems that are objective, transparent and truthful);
- The available jackpots of the games (it should never lead to the direct or indirect understanding that winnings are certain nor highly possible);
- The game mechanics;
- The games available and their objective descriptions.


SPECIFIC POLICY - WEBSITES, BLOGS OR FORUMS WITH COMPARISON OF OPERATORS OR PLAYING WEBSITES
1. The general policy applies. In addition:
2. Eventual classifications or evaluations of the Operators must be objective and reflect the real characteristics of the websites themselves. These characteristics must be specified, made public to the user and available for consultation.

Brand positioning of the Operator inside the charts, its’ evaluation or visibility within the website, blog or forum must not be influenced by any other factor, with particular reference, but not limited to, those of an economic nature (such as payment of sums of money in exchange for better positioning or better visibility).
3. It is necessary to insert specific disclaimers that communicate that the contents published are for comparative information purposes, such as by way of example and not limited to “information about the features and services offered by the following operators in possession of a regular Italian license, as well as their comparison, is carried out in compliance with the Legislative Decree no. 87/2018, the continence, not misleading and transparency principles, as indicated by the Communications Regulatory Authority in point 5.6 of its guidelines (attached to the resolution 132/19/CONS) and therefore it is not a form of advertising".

SPECIFIC POLICY - THE WEBSITES PROVIDING THE BETTING QUOTAS COMPARISON
1. The general policy applies. In addition:
2. the potentially winning of a bet, whether single or multiple, has to be compared to the same of other operators in possession of a regular Italian license.
3. Any rankings or websites evaluations must be objective and reflect the real characteristics of the websites themselves. These characteristics must be specified, made public to the user and available for consultation.
The positioning of the Operator 's brand in charts, its’ evaluation or its’ visibility within the website, blog or forum must not be influenced by any other factor, with particular reference, but not limited to, those of a nature economic (such as payment of sums of money in exchange for better positioning or better visibility).
4. The greater visibility of the Operator compared to other operators in possession of a regular Italian license must be justified on objective and verifiable data (such as a better odds, a more effective type of a bet) and should not depend on factors not directly related to the characteristics of the service.
5. It is possible to emphasize odds or types of a game that are significantly and objectively higher or more effective than others. In this case it should not be accompanied by emphatic messages, such as "take advantage of the best odds" (the message "the best odds" may be considered appropriate).
6. It is necessary to insert disclaimers that communicate that the contents published are for comparative information purposes, such as for example but not limited to “The comparison of odds or types of bet , the relative information and the services offered by the following operators in possession of a regular Italian license is carried out in compliance with Legislative Decree no. 87/2018 as well as the continence, not misleading and transparency principles, as indicated by the Communications Regulatory Authority in point 5.6 of its
guidelines (attached to the resolution 132/19/CONS) and therefore it is not a form of advertising".

SPECIFIC POLICY - SLOT FOR FUN WEBSITES OR CASINO GAMES
1. The general policy applies. In addition:
2. and any ranking of sites linked to welcome bonuses, services offered by the operator and completeness of the game offer must be objective and reflect the real characteristics of the sites themselves. The positioning of the brand or its visibility must not be influenced by any other factor, with particular reference, but not limited to, those of an economic nature (eg payment of sums of money in exchange for better positioning or better visibility).
3. Any charts of the best slot must be accompanied by objective information such as the preference shown by users (provided that the preference is based on objective metrics and verifiable by the user by means of feedback collection systems that are objective, transparent and truthful), the mechanical of use or any jackpots.
4. It is necessary to insert disclaimers that communicate that the contents published are for informational and comparative purposes, as a mere example and not exhaustive "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/ CONS) and therefore does not constitute a form of advertising" .

DETAILED POLICY - PROFILES, PAGES AND PUBLIC FACEBOOK GROUPS
1. General Policies apply. In addition:
2. The communication settings of the profile, the page, and the group of posts or comments made have to be only informative and comparative, without any direct or indirect invitation to play, open or recharge a game account.
3. The page, the profile, the group and the posts must in no way be promoted either with paid campaigns or with non-paid campaigns such as viral initiatives such as "invite a friend".
4. No user should be invited to a page, a profile or a group.
5. The acceptance of a user in a profile, a page or a group is allowed only if the user is of age and has expressed the intent to access.
6. It is forbidden to promote the Facebook profile, page or public group and its contents with paid campaigns or non-paid campaigns such as viral initiatives.
7. It is forbidden to invite users to follow the Facebook profile, page or public group, even via paid campaigns or with viral initiatives.
8. It is forbidden to publish images that show winnings or bills showing the winnings, images that show the money, if they suggest the certainty, or in any case the unjustifiably high probability, of winning. The images published must not be accompanied by texts that suggest the possibility of winning or earning, whether they invite you to play, follow a particular game strategy or advice on how and what to bet. Call to Action of any kind is prohibited (merely by way of example and not limited to, invite to join a private messaging group or invite to follow a private page).
9. It is forbidden to publish images that contain hashtags or other text elements linked to the possibility of winnings or to the game in general, for example but not limited to “#howtobet, #winthebet”, “#win”, “#earmoney”, "#wineasy".
10. It is advisable to use informative and comparative hashtag, for example "#oddscomparison".
11. The Facebook page must not be managed or set according to the model of the influencers (that is of a person able to influence the decisions and the choices of the users).
12. It is necessary to insert disclaimers that communicate that the published content is for comparative information purposes, for example "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/CONS) and therefore does not constitute a form of advertising".

DETAILED POLICY - PRIVATE FACEBOOK PROFILES AND GROUPS
1. General policies apply. If not in contrast, “Detailed Policy - Profiles, Pages And Public Facebook Groups” apply. In addition:
2. The communication settings of the profile, the page, and the group of posts or comments made have to be only informative and comparative, without any direct or indirect invitation to play, open or recharge a game account.
3. The page, its posts and the private group must in no way be promoted either with paid campaigns or with non-paid campaigns such as viral initiatives such as "invite a friend".
4. No user should be invited to a private group.
5. The acceptance of a user in a private group is only allowed if the user is over 18 years old and has expressed its own initiative the purpose of access. A user acceptance in a private group can never be automatic and must be a result of an active conduct of the proprietor of the group following the necessary controls.
6. It is forbidden to publish images that show winnings or bills showing the winnings, images that show the money, if they suggest the certainty, or in any case the unjustifiably high probability, of winning. The images published must not be accompanied by texts that suggest the possibility of winning or earning, whether they invite to play, follow a particular game strategy or advice on how and what to bet. Call to Action of any kind is prohibited (merely by way of example and not limited to, invite to join a private messaging group or invite to follow a private page).
7. It is forbidden to publish images that show betting forms played or to be played in which the win is visible, if they suggest the certainty, or in any case the unjustifiably high probability, of winning. The images shall not be accompanied in any manner by phrases that emphasize the winnings, which implies that the possibility of loss is only remote or in any case lower than that of winning, which implies directly or indirectly that winnings are guaranteed or in general that advice on how to bet are provided.
8. If the user actively requests more information about the comparison of quotas or services, it is allowed to use communication systems internal or external to Facebook, only and exclusively if strictly necessary in order to guarantee the utmost completeness and transparency of the information sought by the user.
9. The name of the page must in no way imply the possibility of winning, inciting, encouraging or enticing people to play, therefore names that contain terms such as, by way of example but not limited to, "win", "breakthebank", "you bet” are prohibited.
10. The Facebook profile or the private Facebook group must not be managed or set according to the “influencing” model (ie a person capable of influencing the decisions and choices of users).
11. It is forbidden to publish images that contain hashtags or other text elements linked to the possibility of winnings or to the game in general, for example but not limited to “#howtobet, #winthebet”, “#win”, “#earmoney”, "#wineasy".
12. It is advisable to use informative and comparative hashtag, for example "#oddscomparison".
13. The Facebook page must not be managed or set according to the model of the influencers (that is of a person able to influence the decisions and the choices of the users).
14. It is necessary to insert disclaimers that communicate that the published content is for comparative information purposes, for example "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/CONS) and therefore does not constitute a form of advertising".

DETAILED POLICY - INSTAGRAM PUBLIC PROFILE
1. General Policies apply. In addition:
2. It is forbidden to promote the Instagram public page and its contents with paid campaigns or non-paid campaigns such as viral initiatives.
3. It is forbidden to invite users to follow the public page even via paid campaigns or with viral initiatives.
4. It is forbidden to publish images that show winnings or bills showing the winnings, images that show the money, if they suggest the certainty, or in any case the unjustifiably high probability, of winning. The images published must not be accompanied by texts that suggest the possibility of winning or earning, whether they invite to play, follow a particular game strategy or advice on how and what to bet. Call to Action of any kind is prohibited (merely by way of example and not limited to, invite to join a private messaging group or invite to follow a private page).
5. The communication settings of the profile, the page, and the group of posts or comments made have to be only informative and comparative, without any direct or indirect invitation to play, open or recharge a game account.
6. The acceptance of a user in a private group is only allowed if the user is over 18 years old and has expressed its own initiative the purpose of access.
7. It is forbidden to publish images that contain hashtags or other text elements linked to the possibility of winnings or to the game in general, for example but not limited to “#howtobet, #winthebet”, “#win”, “#earmoney”, "#wineasy".
8. It is advisable to use informative and comparative hashtag, for example "#oddscomparison".
9. The Instagram page must not be managed or set according to the model of the influencers (that is of a person able to influence the decisions and the choices of the users).
10. It is not forbidden to publish images linked to sporting events, or to compare odds and services. In the case of bills, it is appropriate to show only the bet by comparing it compulsorily with the same bets with different odds of other operators with a regular Italian license.
11. It is advisable to include a clear description of the contents of the page on the Instagram page, namely that the contents are exclusively comparative information, concerning the comparison of quotas and services and do not constitute a form of advertising. It is also appropriate to indicate that access is not automatic and is not permitted to underage.
12. It is forbidden to insert in the text of the Bio any incitement, exhortation or any other form of persuasion to follow the page itself, to subscribe to a messaging group, or to the possibility of receiving advice on how to bet, on how to win, on which site to play, on which event to play, etc.
13. The name of the page must in no way imply the possibility of winning, inciting, encouraging or enticing people to play, therefore names that contain terms such as, by way of example but not limited to, "win", "breakthebank", "you bet” are prohibited.
14. It is deemed appropriate to insert disclaimers that communicate that the published content is for comparative information purposes, for example "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/CONS) and therefore does not constitute a form of advertising".

DETAILED POLICY - PRIVATE INSTAGRAM PROFILE
1. General Policies apply. Detailed policy for “public instagram profile” apply, if not in contrast. In addition:
2. The communication settings of the profile have to be only informative and comparative, without any direct or indirect invitation to play, open or recharge a game account.
3. It is forbidden to promote the Instagram private page and its contents with paid campaigns or non-paid campaigns such as viral initiatives.
4. It is forbidden to invite users to follow the private page.
5. The acceptance of a user in a private page is only allowed if the user is over 18 years old and has expressed its own initiative the purpose of access. A user acceptance in a private page can never be automatic and must be a result of an active conduct of the proprietor of the private page following the necessary controls.
6. It is forbidden to publish images that show winnings or bills showing the winnings, images that show the money, if they suggest the certainty, or in any case the unjustifiably high probability, of winning. The images published must not be accompanied by texts that suggest the possibility of winning or earning, whether they invite to play, follow a particular game strategy or advice on how and what to bet. Call to Action of any kind is prohibited (merely by way of example and not limited to, invite to join a private Instagram group or invite to follow a private page).
7. It is not forbidden to publish images linked to sporting events, or to compare odds and services. In the case of bills, it is appropriate to show only the bet by comparing it compulsorily with the same bets with different odds of other operators with a regular Italian license.
8. If the user actively requests more information about the comparison of quotas or services, it is allowed to use communication systems internal or external to Instagram, only and exclusively if strictly necessary in order to guarantee the utmost completeness and transparency of the information sought by the user.
9. It is advisable to include a clear description of the contents of the page on the Instagram page, namely that the contents are exclusively comparative information, concerning the comparison of quotas and services and do not constitute a form of advertising. It is also appropriate to indicate that access is not automatic and is not permitted to underage.
10. It is forbidden to insert in the text of the Bio any incitement, exhortation or any other form of persuasion to follow the page itself, to subscribe to a messaging group, or to the possibility of receiving advice on how to
bet, on how to win, on which site to play, on which event to play, etc.
11. The name of the page must in no way imply the possibility of winning, inciting, encouraging or enticing people to play, therefore names that contain terms such as, by way of example but not limited to, "win", "breakthebank", "you bet” are prohibited.
12. The Instagram page must not be managed or set according to the model of the influencers (that is of a person able to influence the decisions and the choices of the users).
13. It is deemed appropriate to insert disclaimers that communicate that the published content is for comparative information purposes, for example "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/CONS) and therefore does not constitute a form of advertising".

DETAILED POLICY - MESSAGING SYSTEMS PUBLIC GROUPS
1. General Policies apply. In addition:
2. It is forbidden to promote the public messaging group and its contents with paid campaigns or non-paid campaigns such as viral initiatives.
3. It is forbidden to invite users to follow the messaging group even via paid campaigns or with viral initiatives.
4. It is forbidden to publish images that show winnings or bills showing the winnings, images that show the money, if they suggest the certainty, or in any case the unjustifiably high probability, of winning. The images published must not be accompanied by texts that suggest the possibility of winning or earning, whether they invite to play, follow a particular game strategy or advice on how and what to bet. Call to Action of any kind is prohibited (merely by way of example and not limited to, invite to join a private messaging group or invite to follow a private page).
5. It is forbidden to publish images or texts that contain hashtags linked to the possibility of winnings or to the game in general, for example by way of example but not exhaustive “#howtobet, #winthebet”, “#win”, “#earmoney”, "#wineasy".
6. It is advisable to use informative and comparative hashtag, for example "#oddscomparison".
7. The public messaging group must not be managed or set according to the model of the influencers (that is of a person able to influence the decisions and the choices of the users).
8. It is not prohibited to publish or use images linked to sporting events, or to compare odds and services. In the case of bills, it is appropriate to show only the bet by comparing it compulsorily with the same bets with different odds of other operators with a regular Italian license.
9. If the user actively requests more information about the comparison of quotas or services, it is allowed to use communication systems internal or external to the messaging system, only and exclusively if strictly necessary in order to guarantee the utmost completeness and transparency of the information sought by the user.
10. It is advisable to include in the messaging group Bio a clear description of the contents of the group, or that the contents are exclusively comparative information, concerning the comparison of quotas and services and do not constitute a form of advertising. It is also appropriate to indicate that access is not permitted to underage.
11. It is forbidden to insert in the text of the Bio any incitement, exhortation or any other form of persuasion to follow the page itself, to subscribe to a messaging group, or to the possibility of receiving advice on how to bet, on how to win, on which site to play, on which event to play, etc.
12. The name of the page must in no way imply the possibility of winning, inciting, encouraging or enticing people to play, therefore names that contain terms such as, by way of example but not limited to, "win", "breakthebank", "you bet” are prohibited.
13. It is deemed appropriate to insert disclaimers that communicate that the published content is for comparative information purposes, for example "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/CONS) and therefore does not constitute a form of advertising".

DETAILED POLICY - PRIVATE GROUPS OF MESSAGING SYSTEMS
1. General Policies apply. In Addition:
2. The private messaging group must not in any way promote itself either with paid campaigns or with non-paying campaigns such as viral initiatives such as "invite a friend".
3. No user shall be invited to join the private group.
4. The acceptance of a user in a private group is only allowed if the user is over 18 years old and has expressed its own initiative the purpose of access. A user acceptance in a private group can never be automatic and must be a result of an active conduct of the proprietor of the group following the necessary controls
5. The group must not be managed or set according to the model of the influencers (that is of a person able to influence the decisions and the choices of the users).
6. It is necessary to insert disclaimers that communicate that the published content is for comparative information purposes, for example "The comparison, the relative information and the services offered by the following operators in possession of a regular Italian concession is carried out in compliance of Legislative Decree 87/2018 as well as the principles of continence, non-deceitfulness and transparency, as indicated by the Authority for the guarantees of communication in point 5.6 of its guidelines (attached to resolution 132/19/CONS) and therefore does not constitute a form of advertising".

DETAILED POLICY - ONE-TO-ONE COMMUNICATION
1. General Policies apply.

DETAILED POLICY - PRIVATE CLUBS
1. General Policies apply. In addition: 
2. The private club is allowed to provide comparative information solely and exclusively to its own members who have expressly requested and expressed a willingness to receive such information.
3. The acceptance of a user in a private club is only allowed if the user is over 18 years old and has expressed its own initiative the purpose of access. A user acceptance in a private club can never be automatic and must be a result of an active conduct of the proprietor of the group following the necessary controls and based on the user's possession of predetermined objective characteristics.
4. It is forbidden to display the name of the Operator and any trademark attributable to it, or to communicate the Operator's link, inside or outside the private circle or on the institutional internet pages of the club (including social networks pages).
5. It is forbidden for the private club to advertise, even indirectly, the activity within it that is connected to the operator's products / services or in any case to gambling.
6. The private club is allowed to communicate or publicize its existence as a specialized club on gambling issues, without however making any reference to the brands of the operators.


POLICY VERSION OF 29 OCTOBER 2019