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Terms and Conditions

1.0. Please see below a glossary of relevant terms and definitions in relation to an affiliate agreement with TTRpartners:

1.1. Affiliate

Someone who has registered and been accepted by TTRpartners as an Affiliate of the TTRpartners Affiliate Programme.

1.2. Affiliate Programme

The TTRpartners Affiliate Programme operated by 32Red Plc.

1.3 This Agreement

This Agreement replaces all previous terms and conditions for our affiliate programme.

1.4. Chargeback

The reversal of a payment made previously to any 32Red Plc product or associated brand by a Player or the credit card issuing bank or any other third party payments solution provider. Chargebacks are regarded as fraud for the purposes of calculating net revenues.

1.5. Commission

Commissions will be paid as outlined in Clause 5 below.

1.6. Customer / Player or Active Customer / Player

An individual referred / directed by You in any appropriate manner to a product or service provided by 32Red Plc who can be linked to Your unique TTRpartners Affiliate account / identity who registers a customer / player account with a 32Red Plc brand. By opening an account with any 32Red Plc brand, that Customer will become our Customer and, accordingly, all 32Red Plc’s rules, policies, and operating procedures will apply to them.

1.7. Fraud

A deception which in the sole opinions of 32Red Plc is deliberately practiced by a Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain and shall include Fraud Costs.

1.8. Fraud Costs

The costs incurred (financial or otherwise) by 32Red Plc as a direct or indirect result of Fraudulent Activity by Yourself, Your employees and/ or Customers whom You, as an Affiliate, have introduced to Our Products.

1.9. Product

An online gaming product (including but not limited to casino, poker, bingo and sports betting) for which professional services are rendered.

1.10. Second-Tier Affiliates (Sub Affiliates)

An individual and/or entity that You direct in any appropriate manner to 32Red Plc and who can be linked to Your unique Affiliate account / identity, which person or entity becomes an Affiliate of TTRpartners.

1.11. Spam

Unwanted and unsolicited email sent indiscriminately to one or more mailing lists, individuals, or newsgroups. This practice is strictly prohibited by any TTRpartners Affiliate or Partner.

1.12. This Agreement/ These Terms of Use / This Terms of Use Agreement.

1.13. Us/ We/ Our

32Red Plc, including 32Red Online Casino, 32Red Poker, 32Red Bingo, 32Red Sports, Dash Online Casino, Nedplay Online Casino, Golden Lounge Online Casino, Roxy Palace Online Casino, Casino Splendido Online Casino.

1.14. You/ Your/ Member

You in Your capacity as a TTRpartners Affiliate and Partner.

2.0. Terms of Use of this Agreement

IT IS IMPORTANT THAT YOU READ THIS AGREEMENT CAREFULLY BEFORE USING THESE SERVICES. IN USING THIS WEBSITE AND/ OR REGISTERING AS AN AFFILIATE WITH THE TTRpartners AFFILIATE PROGRAMME, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS. THEREAFTER, BE SURE TO READ THESE TERMS AND CONDITIONS FROM TIME TO TIME AS WE WILL MAKE CHANGES TO THEM, WITHOUT NOTICE. YOU WILL BE BOUND BY THESE CHANGES.

Your use of this website / affiliate portal or any other domain that may be registered by 32Red Plc, or any parent company or subsidiary or associated company of 32Red Plc (collectively, the “Site”), during the course of this Agreement, and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, confirms your acceptance of this Agreement and is subject to Your continued compliance with the terms and conditions of this Agreement.

We urge you to not register with the TTRpartners Affiliate Programme if Your website is unsuitable. We will terminate the Agreement if Your site is determined by Us to be unsuitable. See paragraph 6.4 below for a list of some of the types of sites that we regard as unsuitable.

3.0. TTRpartners: Your Rights and Obligations

3.1. Appointing You as an Affiliate

Your application will be reviewed on submission and we will notify You in a timely manner of Our acceptance or rejection of your application to become a TTRpartners Affiliate. On acceptance, We shall and hereby grant You a non-exclusive right to direct Customers to 32Red Plc websites and/or Our Products’ websites and services, in accordance with the terms and conditions of this Agreement. We intend to and shall contract with and obtain the assistance of others at any time to perform services of the same or similar nature as Yours.

3.2. Licence to use Intellectual Property

On registration We grant You a non-exclusive, non-transferable licence, during the term of this Agreement, to use Our trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights (“Intellectual Property”) solely in connection with the display of the banners and relevant, appropriate content on Your site.

3.3. Register Players / Customers

We will register Players / Customers and will track their gaming activity. 32Red Plc and it’s brands have the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements that they may periodically establish.

3.4. Financial reporting on player / customer activity

We will track Players gaming activity. The style, form, content and frequency of generated reports may, at Our discretion, vary from time to time. You will be provided with remote online access to generated reports of Player activity and the commission attracted by that activity. To gain access to these online reports You will need to use your username and password as provided to you by TTRpartners. We will provide You with a unique tracking link but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track players referred by You if the links You use are incorrect, so it is vital that You make sure to copy the code exactly as presented in the TTRpartners centre. We will not be liable to pay Commission on any Players who are not tracked due to modified tracking codes or links.

3.5. Commissions

Based on income earned through the promotion of 32Red Plc products and services and by players referred by You, We will facilitate payment of agreed Commissions. We may change payment options and payment terms at any time and for any reason. See paragraph 5 below in relation to Commission.

3.6. Modification of this Agreement

We may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral programme rules.

Any amendments, alterations, deletions, interlineations or additions to this Agreement shall be effective immediately upon notice, by display on the Site (hereinafter, “Notice”). Your use of the Site and/ or continued marketing of Us or Our Products after such Notice is given to You will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement should this Agreement be replaced in its entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version.

PLEASE NOTE: NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY US.

No employees, officers or agents of 32Red Plc may verbally alter, modify or waive any provision of this Agreement.

4.0. Your Rights and Obligations

4.1. Your Warranties

By applying to be registered as a TTRpartners Affiliate, You warrant the following:

the information You provide Us on registration is complete, valid and truthful;
in the event You are a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; and
the execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound.

4.2. Spam

Please note that Affiliates of TTRpartners undertaking activities that may be categorised as Spam, face severe consequences. In the giving of effect to this Agreement You may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.

Any form of Spam whatsoever will result in Your account being placed under review immediately and any commissions due to You being withheld pending an investigation. If 32Red Plc incurs expenses and/ or damages in dealing with such Spam generated mail or being blocked by third party Internet Service Providers these same expenses and/ or damages will be deducted from Your account. If this occurs the amount of such expenses and/ or damages will be deemed fair and final and acceptable to You. Should these expenses and/ or damages not be covered by funds in Your account we have the right to investigate other alternative means for obtaining payment from you. Should your account not be active nor be generating profit through commission payments We shall have the right to demand payment from You.

Should You require more information regarding Our Spam policy, please contact us at spamreport@32Red.com
Should You wish to report any incidences of Spam, please contact us at spamreport@32Red.com.

4.3. Marketing Material

Once successfully registered as an Affiliate of TTRpartners, You will have access to our brands’ banners, text and/ or other online and offline promotional materials and trademarks (collectively “Approved Marketing Material”). You may place said materials on Your site, and/ or utilize them via e-mail and/ or direct marketing and/ or print media. These are the designated methods by which You may advertise our associated brands. You may not alter any of the Approved Marketing Materials or make use of other marketing materials without Our prior written consent. Should You be in any doubt, please contact contact@ttrpartners.com before publication. All Approved Marketing Material must be kept current and You shall utilise new Marketing Material forthwith after it is made available to You by Us. A breach of this clause 4.3 in any shall entitle Us to terminate this Agreement with immediate effect.

4.4. Affiliate Appointment

You hereby accept the appointment as an Affiliate partner of TTRpartners in terms of clause 3.1 above. You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals. You shall have no claims to Commissions or other compensation on business secured by or through persons or entities other than You.

4.5. Approved Layouts

In the absence of Our prior written approval, You will only be permitted to use Our Approved Marketing Material as made available at the TTRpartners Affiliate Centre, or as supplied directly to You by Us, and will not alter its appearance nor refer to Us, Our Products or Our/ their partners in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by Us and constitute the only authorised and permitted representation of Our Products sites.

4.6. Good Faith / Ethical Conduct

You will not knowingly benefit from known or suspected traffic not generated in good faith, or via spam, whether or not it actually causes damage to 32Red Plc. Fraudulent activity will result in 32Red Plc retaining commissions and Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you, either current or future, under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.

4.7. Responsibility for Your Site and/or Marketing Methods and Activities

You will be solely responsible for the development, operation, and maintenance of Your site and/or Marketing methods and activities and for all materials that appear on Your site and/or distributed via Your Marketing methods and activities. For example, You will be solely responsible for ensuring, amongst other things, that materials posted on Your site are not libellous or otherwise illegal. In the case of Approved Marketing Material You are required to ensure that all news, offers and promotions in relation to 32Red and it’s associated brands are current and up to date.

4.8. Copying of Sites or Theft of Site Content

Due to an increase in complaints regarding the above, if it can be proven that affiliate earnings have been lost due to an incident of copying theft, revenue generated by the offending affiliate may be paid to the aggrieved party. Complaints should be sent to contact@ttrpartners.com for investigation.

4.9. Licence to use Intellectual Property

The licence granted to You in terms of clause 3.2 above may not be sub-licensed, assigned or otherwise transferred by You to any third party without our prior permission. You shall not during the term of this Agreement nor at any time thereafter assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

4.10. Restrictions – You

are not permitted more than one TTRpartners Affiliate account
shall not earn Commission on the Net Win and/ or Net Rake of any Second-tier Affiliate if, in the case that You are a juristic entity, they are Your employee, director, shareholder or agent or, in the case that You are a natural person, they are Your employee, agent or direct family member.
shall not earn Commission on the Net Win and/ or Net Rake on Your own Customer Account nor on the Customer Account/s of Your employees or family members.

If You or Your employees sign up as a Customer at one of Our Casino Products We shall have the right to terminate this Agreement.

4.11. Confidential Information

Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Us or You, respectively, or any of Our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.

During the term of this Agreement, You may be entrusted with Confidential Information relating to the business, operations, or underlying technology of 32Red Plc and/ or the TTRpartners Affiliate Programme (including, for example, Commission earned by You under the Affiliate Programme). You agree to avoid disclosure or unauthorised use of the Confidential Information to third persons or outside parties unless you have Our prior written consent and that You will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.

4.12. Data Protection

You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate.

4.13. Money Laundering

You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.

It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the TTRpartners Programme to facilitate criminal activity.

If we have any knowledge or suspicion envisaged for points 4.11, 4.12 and/or 4.14 We may (a) immediately suspend, deregister or terminate Your membership of the Affiliate Programme; and/ or (b), in our absolute discretion, not pay You any funds due to You as Commission.
We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.

4.14. Limitations of Advertising

The use of domain names, brand names or any bid made by you to any Internet search engine on keywords including without limitation, 32, 32Red, 32Red Casino, Dash Casino, Nedplay Casino, Golden Lounge Casino, Roxy Palace Casino, Casino Splendido, 32Red Poker, 32Red Bingo or 32Red Sport trademarks, variations thereof or words that are confusingly similar, shall be considered to be a breach of the good faith provisions contained in TTRpartners Terms and Conditions (see point 4.6). Pop-Unders and subsequent traffic from Pop-Under activity or other paid for traffic of this nature is not permitted and also considered a breach of these provisions.
4.15 Limitations of URLs

The use of 32Red Plc brand names, including without limitation 32, 32Red, 32Red Casino, Dash Casino, Nedplay Casino, Golden Lounge Casino, Roxy Palace Casino, Casino Splendido, 32Red Poker, 32Red Bingo or 32Red Sport trademarks or words that are confusingly similar, in affiliate URLs is restricted. Brand name may not be used in a derivative URL or Subdomain. Examples:

www.yoursite.com/32red.html – ALLOWED
32red.yoursite.com – NOT ALLOWED
http://www.yoursite32red.com/ – NOT ALLOWED

Any infringement of the above guidelines shall be considered to be a breach of the good faith provisions contained in TTRpartners Terms and Conditions (see point 4.6).

4.16 Restricted Territories

Please note that individuals residing in the following countries are not able to register and play at any of the 32Red Plc sites:

Please note that individuals residing in the following countries are not able to register and play at any of the 32Red Sport sites:

Also, we are unable to permit affiliates to actively promote 32Red Plc products to players using a .fr email address.

4.17 Restricted Terms

The use of the term ‘Rakeback’ when promoting 32Red Plc products and services is prohibited. Any infringement this term shall be considered to be a breach of the good faith provisions contained in TTRpartners Terms and Conditions (see point 4.6).

5.0. Commission: Calculation and Payment

During the term of the agreement, we will pay you commission on a Revenue Share basis, based on Income generated by Your referred players and through the continued promotion of 32Red Plc products and services. The Affiliate Commission structure is outlined below.

We reserve the right to change such Affiliate Commission Structure at any time without notice.

5.1. Calculation of Affiliate Commission

Revenue Share is calculated as follows.
Earnings between £0.01 and £5000 – 25% Net Win across all products by Referred Players.
Earnings between £5000.01 and £15,000 – 30% Net Win across all products by Referred Players.
Earnings over £15,000.01 – 35% Net Win across all products by Referred Players.
Revenue Share is calculated across all brands and products. Should an Affiliate opt for our Non-Bundled Earnings Commission Plan (see point 5.8) the commission will be calculated separately across 32Red Plc brands.

5.2. Calculation of Sub Affiliate Commission

Sub affiliate commission is calculated as 2% of the total commission received from your Sub Affiliates.

5.3. For the purposes of clause 5.1

The following terms shall have the following meanings

5.3 (a). Fraud

Any conduct that 32Red Plc in its sole discretion determines to be fraudulent conduct which includes, but is not limited to:

A chargeback executed by a Player.
Bonus abuse by Player or group of Players.
Encouragement by you (or third party) to a Player to abuse Our bonus offers.
Collusion on the part of the referred player with any other player or players.
Offering or providing unauthorised incentives (financial or otherwise) by you or any third party to Players to encourage them to sign up.

We have the right to pass on any Fraud Costs to Your account and/or terminate this agreement at our discretion.

5.3 (b). Referred Player

A player who has accessed any of the 32Red Plc Products and registered for a cash account directly through one of Your affiliate links.

5.3 (c). Gross Win

The total revenue generated by the casino as a result of all deposits by players introduced to the casino by You.

5.3 (d). Admin Fee

The value of free credits, fraud adjustments or cash handed out to players by the casino or any other direct costs incurred to maintain the loyalty of a player (e.g. the cost of a gift to a player)

5.3 (e). Progressive Contributions

A percentage of revenue generated on any progressive game that is paid over by the casino into the network’s progressive pool.

5.3 (f). Net Win

Net Win = Gross Win minus bonuses, any applicable taxes, fraud costs, progressive contributions and any other network fees.

5.3 (g). Balances carried over

In the calculation of Commission where Net Win is negative due to Customer winnings and/ or Admin Fees and/ or Cash Items and/ or Progressive Contributions said balance will be set to zero.

A negative balance due to Fraud costs or the High Roller Policy (see point 5.9) will however be carried over where applicable.

We may remove the clause resetting balances to zero each month in the event of abuse and/or unfair activity carried out when promoting any 32Red Plc products. This decision is at the discretion of 32Red Plc.

5.4. Commission Payment

We endeavour to process the Commission earned by You in the previous calendar month within seven working days of the following month. We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.

5.5. Payment Options

Payment shall be made by Us to You by way of the method selected by You on registration, at the market exchange rate of the day of payment should currency exchange be necessary. Should an affiliate fail to register a valid payment method either upon registration or acceptance of these Terms and Conditions, 32Red Plc will contact you to inform you to update your details. Failure to respond or update your Payment details after a period of three months will result in This Agreement being terminated as per point 6.0.

5.6. Qualifying Balance for Payment

Referral fees will be based upon our good faith calculation based on our statistics. Affiliates will only be paid referral fees once they have a balance of £100 or more owing to them.

5.7. Cross-Tracking

32Red Plc will endeavour to make sure all players are cross-tracked to products (not brands) that you have chosen to promote, should a player choose to play a product other than the Product advertised. (i.e. a referred player to 32Red Online Casino, who then goes on to play at 32Red Poker).We reserve the right to change the Commission schedule and method of calculation of Commission.

5.8. Non-Bundling Of Earnings

Affiliates promoting multiple 32Red Plc brands will have the option to enrol in our Non-Bundled Commission plan. When this option is enabled, your Commission from each of the 32Red Plc brands will be calculated independently of any other brand you promote. For example, if your generated Net Revenue at 32Red was positive but Net Revenue at Roxy Palace was negative, the negative Net Revenue would not be off set against your earnings from the 32Red brand. We may remove the Non-Bundling option in the event of abuse. This decision is at the discretion of 32Red Plc.

5.9 High-Roller Policy

In any given month, if a Customer generates a negative Net Revenue of at least £10,000 he/she will be deemed to be, for the purposes of this section, a ‘High-Roller’.

If the aggregate Net Revenue for the Affiliate, in that month, for a 32Red Plc Brand is negative £2,000 or greater, then the High-Roller policy as set out hereunder, will apply:
The negative Net Revenue generated by the High-Roller will be carried forward and offset against future Net Revenue generated by that High-Roller;
The negative balance carried forward cannot be set-off against other Customer’s Net Revenue;
The negative balance carried forward cannot be greater than the total aggregate negative Net Revenue for the Affiliate, for that month;
The negative balance of a High-Roller will be reduced by future positive Net Revenue that they generate in subsequent months;
A negative balance will not be increased by future negative Net Revenue unless the High-Roller meets the qualifying criteria in subsequent months.

6.0. Term and Termination

6.1. Term

The term of this Agreement will commence on approval of Your registration to TTRpartners, or by your continued promotion of 32Red Plc brands and shall endure until terminated for any reason on notice by either Party.

6.2. Termination

Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.

6.3. Consequences of Termination

In the event of termination of this Agreement for any reason:

You will return to Us any Confidential information and/ or Customer Information, and all copies of it in Your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations relating to Us or to Our Products. You will take immediate steps to transfer ownership to 32Red Plc any derivative URL established by You, at a cost to 32Red Plc not exceeding that incurred by You in registering the derivative URL, but not the costs incurred in developing the derivative URL.

You and 32Red Plc and our electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate You from any liability arising from any breach of this Agreement, that occurred prior to termination.

You will be entitled only to those unpaid referral fees (if any) earned by You on or prior to the date of termination. You will not be entitled to any revenue generated after the date of termination. 32Red Plc may withhold the final payment for up to three months to ensure that the correct amount has been calculated and paid.

If we continue to permit activity (generation of revenue) from Customers after termination, this shall not and shall not be construed to constitute a continuation or renewal of this agreement or a waiver of termination.

6.4. We may terminate this agreement if we determine (in our sole discretion) that your site is unsuitable.

Any form of traffic that is generated from any medium that is aimed at children, promotes violence, includes Pornographic or Narcotic material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring 32Red Plc into disrepute or prejudice the interests of 32Red Plc in any way is considered unsuitable and constitutes a breach of agreement.

7.0. Relationship of Parties

7.1. 32Red Plc and TTRpartners Affiliate relationship

You and we are independent contractors, and nothing in this Agreement will create any legal partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You shall have no authority to make or accept any offers or representations on Our behalf. You shall not make any statement, whether on Your site or otherwise, that conflicts with this clause 7.1.

7.2. Local legislation

You will not be treated as an employee with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or any other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned Code and Acts.

7.3. Representation of 32Red Plc

You shall not make any claims, representations, or warranties in connection with 32Red Plc and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement, unless agreed to in writing by either 32Red Plc.

8.0. Indemnity, disclaimers and Limitation of Liability

8.1. Indemnity

You shall defend, indemnify, and hold 32Red Plc and our electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with

any breach by You of any warranty, representation, or agreement contained in this Agreement,
the performance of Your duties and obligations under this Agreement,
Your negligence or
any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorised use of Our banners and link or this Affiliate Programme. Further, You will indemnify and hold Us harmless from all claims, damages, and expenses (including, and without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Your site.

8.2. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Programme, 32Red Plc or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, Productability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our site (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.

8.3. Limitation of Liability

We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Programme, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and the Programme shall not exceed the total Commission paid or payable by Us to You under this Agreement. Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

9.0. Miscellaneous

9.1. Governing Law

This Agreement will be governed by the laws of the Gibraltar. The Government of Gibraltar has licensed 32Red Plc, the operators of the 32Red Online Casino, Dash Online Casino, Nedplay Online Casino, Golden Lounge Online Casino, Roxy Palace Online Casino, Casino Splendido, 32Red Bingo, 32Red Sport and 32Red Online Poker Room, under the provisions of the Gibraltar Gaming Ordinance.  32Red Plc is licenced by the UK Gambling Commission (licence number 39430), as such any affiliates promoting 32Red Plc brands in the UK must ensure that they comply with the Licencing conditions and codes of practice, in particular the Social Responsibility Code Provisions.  32Red Plc is licenced in Italy by AAMS (Concessione N. 1524132), and any affiliates promoting 32Red Plc brands in Italy must do so in line with the requirements set down by AAMS.

9.2. Mutual Support

Both Parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this Agreement.

9.3. Third Parties

Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.

9.4. Assignability and Enurement

You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, enure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.

9.5. Non-Waiver

Our failure to enforce Your strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Our right to subsequently enforce such provision or any other provision of this Agreement.

9.6. Remedies

Our rights and remedies hereunder shall be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of Our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that Our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

9.7. Severability/Waiver

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

9.8. General

This agreement will stay in effect for so long as 32Red Plc makes this service available, unless this agreement is terminated prior thereto in terms of clause 6.0 above.

Terms and conditions updated 05/11/15