Terms and Conditions
These terms and conditions set out the agreement between Condor Gaming SRL, a company registered under the laws of Costa Rica and hasits registered office at Casa de Matute 50MTS Este, San Jose, Costa Rica (hereinafter referred to as 'CONDOR') and the person set out on the registration page (hereinafter referred to as 'Affiliate').
Please read the following terms and conditions carefully in order to become a member of the CONDOR Affiliate Program. By accepting these terms and conditions the Affiliate agrees to comply and be bound by the rules laid out hereunder. CONDOR shall have the discretionary right to accept or reject any application for membership of the affiliate program of CONDOR. In the event that the Affiliate does not agree with the terms and conditions stated hereunder, or in the event that the Affiliate is not authorized to accept this Agreement, the Affiliate must not continue with the application process. Should the Affiliate have any questions regarding these terms and conditions or regarding any other issue related to the affiliate program of CONDOR, the Affiliate is to contact CONDOR at the following e-mail address: [email protected]
Definitions and Interpretation
- 'Affiliate' shall mean any natural and/or legal person whom after having entered into CONDOR's Terms and Conditions, makes space, inter alia, on their homepage, website, other media platform or email available to CONDOR for the marketing of CONDOR's business.
- 'Affiliate Account' shall mean the affiliate account the Affiliate has with CONDOR.
- 'Affiliate Program' shall mean the marketing program set out and provided by CONDOR for the marketing of its business through membership by Affiliates.
- 'Casino Revenue Share' shall be based on the net revenue received from casino games by CONDOR for Players and/or Users. The net revenue shall be calculated on a monthly basis in accordance with the following formula: all gross monies received by CONDOR from Players and/or Users through CONDOR's promoted websites, fewer monies paid out to Players and/or Users as winnings, less any chargebacks, a fixed deposit fee (5% of originally deposited amount) and a fixed % for gaming costs (20% of revenue share % applied to house win amount), and local taxes when applicable.
- 'Confidential Information' shall mean any information of a commercial value, essential for any of the Parties, such as but not limited to, technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, Players and/or Users data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
- 'CPA' shall mean the one-off payment payable by CONDOR to the Affiliate for each and every depositing Player and/or User, if and as agreed in writing with an affiliate manager.
- ‘Custom deal’ shall mean the agreement made between CONDOR and the Affiliate that are customized to combine Revenue share deals and/or CPA deals and/or any other form of payment.
- 'Intellectual Property Rights' shall mean any rights in computer software (including source codes) rights in databases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registration of and application to register any of the aforesaid rights and any other intellectual property rights.
- ‘Ladder/Tiered Commission Structure’ shall mean the commission structure currently set forth in this agreement or any specific commission structure expressly agreed between CONDOR and the Affiliate, based on the amount of NDPs Generated.
- ‘NDP’ shall mean a new first-time customer of Condor having made a first deposit amounting to at least the applicable minimum deposit at Condor Websites’ account or when a minimum baseline has been agreed upon the count of the players making a first-time deposit of this amount or higher, in accordance with the applicable terms and conditions of Condor Websites’, but excluding the Affiliate, its employees, relatives and/or friends.
- 'Player and/ or User' shall mean a new customer sent to any of CONDOR's websites via the links on the Affiliate's website who registers to CONDOR’s websites in accordance with the terms and conditions as may be imposed by CONDOR from time to time.
- 'Promoted Websites' shall mean the websites of CONDOR as may be indicated to the Affiliate from time to time.
- ‘Suspended account’ shall mean an Affiliate Account that is currently inaccessible by the affiliate due to a breach of any of the terms set forth in this agreement, an account pending investigation, or an account that has stopped promoting CONDOR for a period of time specified in this agreement. For the avoidance of doubt, a ‘Suspended Account’ shall not generate new Revenue Share or CPA or any other form of remuneration as otherwise agreed, but will maintain any balance that was accrued before the date when the account was Suspended.
a) Promotional Links
- CONDOR will provide the Affiliate with the promotional links that it wishes to have displayed on the Affiliate's website (hereinafter referred to as the 'Links') and with all such banners, pictures, and other media articles which can be found in the CONDOR affiliation backend (hereinafter referred to as the 'Media Articles'). CONDOR reserves the right to change and update such Links and Media Articles from time to time.
- CONDOR shall pay the Affiliate according to the conditions set forth in the part ‘Payment - Casino sites’, Clauses 41. to 54. hereof.
c) Registration of the Affiliate's Players and/or Users
- CONDOR shall register the Players and/or Users. CONDOR reserves the right to reject any Players and/or Users, and/or to cancel any Player and/or User's accounts if necessary, in order to ensure the compliance of the Player and/or User terms and conditions as set out on CONDOR websites.
a) Unique account
- Upon acceptance to join the Affiliate Program, the Affiliate is only allowed to create one (1) unique Affiliate Account. No Affiliate is permitted to create more than one (1) account unless an Affiliate has received written consent from CONDOR. In the event that a duplicate Affiliate Account is discovered and not has been previously approved, CONDOR reserves the right to cancel all accounts the Affiliate has registered with CONDOR. This shall be viewed as a material breach of the Affiliate terms and conditions and the provisions of part ‘Term & Termination’ shall apply.
b) Verification of account
- CONDOR reserves the right, at its sole discretion and at all times to request documents from the affiliate to verify the following:
a) the identity of the registered account holder;
b) any facts and information provided to CONDOR by the Affiliate.
- Any such requests may be made whenever CONDOR deems necessary and we reserve the right to suspend an Affiliate account pending any investigations and verifications.
c) Non-exclusive rights
- This Agreement does not grant any exclusive rights or privileges to the Affiliate. The Affiliate shall not have any right to any players and/or users of CONDOR that have not been referred to CONDOR by the Affiliate.
d) Online information and access to CONDOR promotions
- The Affiliate shall be entitled to online access to the Affiliate Account, which will permit the Affiliate to obtain:
- links to CONDOR's products;
- a selection of promotional marketing tools (banners, landing pages, etc);
- information and reports about the Players and/or Users sent to the CONDOR's websites through the Links and conversion statistics.
- During the term of this Agreement, the Affiliate shall prominently incorporate and display the most up-to-date Links and Media Articles supplied to the Affiliate by CONDOR. In case the Affiliate and CONDOR, agreed, in writing special conditions towards the ways of promoting, guarantees, and or others, the Affiliate shall not alter the form, location, or operation of the Links and/or Media Articles without CONDOR's prior written consent. If the Affiliate fails to display the Links and/or Media Articles of the promoted CONDOR products as agreed with CONDOR, CONDOR may terminate this Agreement immediately without notice.
- The Affiliate agrees to give CONDOR all reasonable assistance in respect of the display, access to, transmission, and maintenance of the Links and Media Articles.
- By accepting these Terms and Conditions CONDOR expects the Affiliate to actively promote its websites in accordance with the rules set by these Terms and Conditions and any other rules set in the separate mutual agreements.
- In the event that the Affiliate does not bring a single NDP during any consecutive three (3) months period, CONDOR reserves the right to suspend the Affiliate’s account until the Affiliate introduces 3 NDPs within 2 months, at which point (effective upon your referral of the third NDP) the Affiliate Commission rate will be reverted to the standard Commission rate set out in these Terms and Conditions.
- If you have not logged into your Affiliate account for a period of 180 days or more, and have not responded to our contact efforts, CONDOR reserves the right to suspend your Affiliate account.
- A suspended account will not generate any Revenue Share during its suspended period, but will maintain any unpaid balance for the preceding two (2) months.
- In the event that an Affiliate account has been suspended for a period of six (6) months, CONDOR has the right to terminate the said account.
- Notwithstanding clause 26., any Affiliate account unused for login for a period of at least twelve (12) consecutive months shall be designated an “Inactive Account”. CONDOR shall make reasonable efforts to notify the Affiliate that its account has been designated an “Inactive Account” via the contact details last provided by the Affiliate to CONDOR (“Inactive Account Notice”). Should the Affiliate subsequently fail to contact us, CONDOR shall be entitled to terminate this agreement and close the account and retain any balance on the account without further notice to the Affiliate upon expiry of 45 days from the date of the Inactive Account Notice.
f) Good Faith
- The Affiliate will not generate artificial (including BOTS) and/or fraudulent traffic. CONDOR reserves the right to retain and to not pay any amount that CONDOR in its discretion considers has been generated in an artificial and/or fraudulent way.
- Neither the Affiliate nor the Affiliate's direct relatives are eligible to become customers of CONDOR websites and shall not be considered as Players and/or Users and consequently the Affiliate shall not be entitled to receive any payment or remuneration from CONDOR for the referral of such relatives or friends. Direct relatives in this context shall include spouse, partner, parent, child, or sibling. Affiliates can only be allowed by us to become a customer of CONDOR websites as Players and/or Users in the form of test Players and/or Users accounts but in any case Affiliates shall not be entitled to receive any payment or remuneration for these accounts, or by way of an online streamer or content creator who records their play, in which case payment or remuneration can be received, but only with the written consent by us.
- The Affiliate shall ensure that no link of the CONDOR's promoted websites will be placed on websites aimed at persons under the age of eighteen (18) years or on websites aimed at persons from restricted territories as mentioned in the General Terms & Conditions from CONDOR.
- The Affiliate is not entitled to offer any person or entity any consideration or incentive for using, directly or indirectly, CONDOR's promoted websites without express written approval from CONDOR.
- The Affiliate shall not:
- in any way modify, redirect, suppress or substitute the operation of any button, link, or any other interactive feature of CONDOR's promoted websites;
- engage in transactions of any kind on CONDOR's promoted websites on behalf of any third party, or authorise, assist or encourage any other person or entity to do so;
- take any action that could reasonably cause any end-user confusion as to CONDOR's relationship with the Affiliate, or as to the website on which any functions or transactions are occurring;
- send spam.
- In general terms, the Affiliate shall not be allowed to provide its service in a different way to what is established in this Agreement without CONDOR's prior written consent.
- CONDOR determines, in its sole discretion, whether the Affiliate has engaged in any of the foregoing activities or doubtful patterns outlined in the above list, which list the Affiliate acknowledges and accepts is not limitative.
- The Affiliate is not allowed to issue any press releases referring to CONDOR which do not corresponding with the nature of business, the facts, terms or promotions offered. Nor is an Affiliate allowed to publish (parts of) confidential information. An Affiliate is obligated to remove such content on the first request from CONDOR and the Affiliate is accepting that CONDOR is not liable for such (false) information, and any claims or damages arising from published content that is in breach with this paragraph are under liability from the Affiliate.
- In the event that CONDOR discovers that the Affiliate is in breach of the terms of this Agreement, or takes any action which would put CONDOR or any of its related entities in breach of any advertising codes applicable under the applicable regulations, or takes any action that would put CONDOR or any of its related entities in breach of any applicable regulations laid down by the respective regulatory authorities or any other applicable rules, without prejudice to any other rights or remedies available to it, CONDOR will be entitled to:
- take such measures as to render inoperative the Links used by the Affiliate; and/or
- withhold any monies otherwise payable to the Affiliate; and/or
- close the Affiliate Account; and/or
- immediately terminate this Agreement without giving any prior notice.
- Where the Affiliate has any reasonable suspicion that any New Customer referred by the same Affiliate under the Affiliate Agreement is in any way associated the bonus abuse, money laundering, fraud, or other abuse of remote gaming sites, the Affiliate will immediately notify us of the same. The Affiliate hereby recognises that any New Customer found to be a bonus abuser, money launderer, or fraudster or who assists in any form of affiliate fraud (whether notified by the Affiliate or later discovered by CONDOR) does not constitute a valid New Customer under the Affiliate Agreement (and thereby no Commission shall be payable by CONDOR in relation to such New Customers).
- For the term of this Agreement, the Affiliate may receive Confidential Information in relation to business, operations, or technology from CONDOR. The Affiliate specifically agrees not to reveal or disclose in any manner such Confidential Information.
Payment - Casino sites
- The Affiliate will be appointed an Affiliate Manager with who will be made agreements in terms of share of the revenue or CPA or Custom deal, such payment shall be made in accordance with Clause 42. hereof. Should the Affiliate indicate as the Affiliate's preference CPA payments, such payment shall be made in accordance with Clause 43. hereof.
- In the event that the Affiliate has indicated in the application form that the Affiliate's payment preference is to receive a share of the revenue, CONDOR shall, subject to Clause 47. hereof, pay to the Affiliate the currently published percentage (as detailed on the commission page of the Affiliate Account) or the agreed percentage of the Casino Revenue Share received during the term of this Agreement.
- In the event that the Affiliate has indicated in the application form that the Affiliate's payment preference is to receive CPA payment, CONDOR shall, subject to Clause 47. hereof, pay to the Affiliate a CPA payment, in accordance with the agreed CPA commission, inclusive of any Value Added Tax which may be applicable.
- In the event that the Affiliate is operating under the Custom deal arrangement with CONDOR, CONDOR shall wire to the Affiliate the Custom deal payment in amount and following the terms agreed upon in the separate agreement arranged for the purpose of the Custom deal.
- Persons who operate cashback/vouchers and other incentivized websites, and who are interested in joining the Affiliate Program, shall only be permitted to run the Affiliate Program with written approval from CONDOR. Should CONDOR discover that the Affiliate operates incentives from the Affiliate's websites without the written approval of CONDOR, CONDOR shall be entitled to immediately terminate this Agreement and CONDOR will be removed from the Affiliate Program.
- In the event that the Affiliate is duly authorized by CONDOR to operate cashback/voucher and /or incentivized websites in terms of Clause 45. hereof, the Affiliate shall be offered a reduced CPA payment which payment shall be based on the volume and quality.
- CONDOR shall provide the Affiliate with statements detailing the number of Players and/or Users and the Affiliate's share of the Casino Revenue Share and/or CPA Payments and/or Custom deal payments (as appropriate), if any, which have accrued to the Affiliate over the course of the calendar month, which statements are accessible through the CONDOR website (campaign statistics) or delivered by email or any other electronic mean. Such statements shall be updated daily. At the end of a calendar month, CONDOR shall record the total share due to the Affiliate in respect of the percentage of the Casino Revenue Share and/or CPA Payments and/or Custom deal payments(as appropriate), if any, during the previous calendar month. In the event that the share of the Casino Revenue Share in any calendar month to which the Affiliate is entitled is a negative amount, it will not be carried forward to the next month. In the event that the total share due to the Affiliate does not exceed one hundred euro (€100.00), CONDOR shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the share of the Casino Revenue Share due to the Affiliate (including such carried forward sum) exceeds one hundred euro (€100.00), at which time payment shall be made in accordance with Clause 48. hereof. The amounts below the minimum amount of one hundred euro (€100.00) can only be carried forward for two (2) months. Should at the end of the third month the sum of previously carried over two months shares together with the third-month share amount still remain under minimum (under €100.00), the previously carried over two (2) months amounts will be waived. NDP and CPA will be nulled and CPA payment will be waived for a customer's account that has been closed, either on the customer's or Condor's initiative, within 30 days after the CPA was triggered for that account. For the avoidance of doubt, the Affiliate shall only be entitled to receive payment in terms of this part of the Terms and Conditions (‘Payment - Casino sites) when there is a positive balance and such positive balance is greater than one hundred euro (€100.00) in any given month.
- Subject to Clause 47. above, at the end of a calendar month, the Affiliate may raise an invoice for the relevant percentage of the Casino Revenue Share or CPA Payments or Custom deal payments (as appropriate) payable by CONDOR to the Affiliate, which invoice shall be paid in the last week of the following month. CONDOR hereby confirms that raising such an invoice is not a requirement as the relevant percentage of the Casino Revenue Share or CPA Payments or Custom deal payments (as appropriate) to which the Affiliate is entitled and which is payable by CONDOR shall be automatically raised and paid out (in accordance with Clause 47. above). Such Casino Revenue Share shall be paid in euro, inclusive of any Value Added Tax which might be applicable.
- If an error is made in the calculation of the Affiliate's share of the Casino Revenue Share or CPA Payments or Custom deal payments (as appropriate), CONDOR reserves the right to correct such calculation at any time and to reclaim from the Affiliate any overpayment made by CONDOR to the Affiliate (including, without limitation, by way of reducing future payments which might otherwise be due to the Affiliate by CONDOR from time to time). Net revenues received in currencies other than euro shall be converted in accordance with CONDOR's standard currency exchange policy. All payments shall be made inclusive of any Value Added Tax, which might be applicable.
- Please note that we will attempt to accommodate the Affiliate's request regarding the payment method shares will be wired to. However, in the event the first payment of Affiliate's shares is being performed, we will process this payment solely by a bank wire. It is, therefore, necessary for an Affiliate to keep his/her bank details in the Account up-to-date at all times.
- The affiliate acknowledges and agrees that in the event the affiliate shares are to be paid to the E-wallet accounts (Skrill and/or Neteller), whether because this is the Affiliate’s stated preferred payment method or CONDOR decides to settle the payment or shares by E-wallet accounts for any reason, transfer fee of 10% is applicable and will be deducted from the total amount of shares due to be paid to the affiliate account.
- The affiliate acknowledges that if any fees are involved for the bank transfers of the shares to be paid by CONDOR, the total of the actual bank fee costs will be deducted from the total amount of shares due to be paid to the affiliate.
- CONDOR Affiliate Program follows a Ladder/Tiered Commission Structure based on the number of NDPs across all brands in any given month, by the following example:
Number of NDPs Revenue share percentage (%) 0-2 20% 3-5 30% 5-10 35% 10-20 40% 20+ 45%
- If the Affiliate promotes more than one (1) of the CONDOR brands, upon releasing the payments CONDOR will perform bundled payments for all brands, in a way that all brands due Commissions will be added together and released in one monthly payment when the threshold is reached. Should there be any negative Commissions they will be considered as zero (0).
- CONDOR will release the payment of rev shares and CPAs generated in one (1) month time, where the threshold mentioned upper is met, between the 15th and 22nd in the following month, as per the invoice that will be generated and made available in the affiliate account.
- CONDOR grants the Affiliate a non-exclusive and worldwide license to display CONDOR's brand features and its related content (hereinafter referred to as 'CONDOR Content') during the term of this Agreement and in accordance with the terms and conditions set forth herein. All Intellectual Property Rights and any goodwill arising in the Links and Media Articles and in all the promoted websites, associated systems, and software relating to the services provided by CONDOR to the Players and/or Users from time to time shall remain the property of CONDOR. The Affiliate is not permitted to use CONDOR Content in any way that is detrimental to CONDOR or the reputation or goodwill of CONDOR. The Affiliate is not permitted to alter or modify in any way the CONDOR Content without the express written consent of CONDOR.
- Save as provided in Clause 5 hereof, the Affiliate shall not have any rights to any Intellectual Property Rights, including without any limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in the design, inventions, and Confidential Information, which are the property of CONDOR and which are created and/or derived out of this Agreement.
- Upon termination of this Agreement, the Affiliate shall return to CONDOR all material and/or information pertaining to or belonging to CONDOR and shall destroy in a secure manner any remaining copies of the same.
Exclusivity, Non-Competition, and Ownership of Service Name
- The Affiliate shall not pay CONDOR any consideration for the use of the trademarks, logos, copyrights, trade names, or designations belonging to CONDOR, and nothing contained in these terms and conditions shall give the Affiliate any right, title, or interest in or to any of such trademarks, logos, copyrights, trade names or designations.
- The Affiliate acknowledges and accepts that CONDOR is the owner and shall retain the ownership of all copyrights and other proprietary rights, as well as any software supplied by CONDOR, in all of the foregoing. The Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, service mark, or logo belonging or licensed to CONDOR, or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright.
- Without limiting the generality of the above terms, the Affiliate shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name, or other proprietary rights with any governmental agency (federal, provincial, local or otherwise), or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of CONDOR. The Affiliate shall not attach any additional trademarks, logos, or trade designations to any software pertaining or belonging to CONDOR and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Affiliate's name, or any name under which the Affiliate conducts business. The Affiliate shall not affix a trademark, logo, or trade name of CONDOR to any non-CONDOR product. The Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by CONDOR. Pay Per Click (PPC) Conditions and Restrictions including Brand Bidding
- The Affiliate shall not drive pay-per-click traffic to CONDOR's brand name and/or any variation thereof, via any search engine, directory or online database, by bidding on the registered brand term or any of its variables in the title, description, or advertisement. The Affiliate shall not drive traffic directly to CONDOR websites without the use of the Affiliate's website.
Representations, Warranties, and Indemnity
- The Affiliate hereby represents and warrants to CONDOR that:
- the Affiliate has sufficient authority to enter into this Agreement;
- the Affiliate's website/s shall be used for the services agreed under this Agreement and the Affiliate further warrants that the said Affiliate's website/s does/do not, and will not, at all times, infringe any copyright, trade secret, trademark, or other personal or proprietary rights, held by any third party;
- the Affiliate hereby warrants that its website/s does/do not, and will not, contain any messages, data, images or programs which are, by law, defamatory, obscene, profane or pornographic.
- The Affiliate will indemnify on demand and hold harmless CONDOR and each of its associates, officers, directors, employees, agents, shareholders and partners and any related entities from and against any and all losses, demands, claims, liabilities, damages, costs, actions or cause of actions and expenses (including, without limitation, consequential losses and loss of profit, reasonable legal costs and expenses and any Value Added Tax applicable thereon) suffered or incurred, directly or indirectly, by CONDOR and each of its associates, officers, directors, employees, agents, shareholders and partners and any related entities in consequence of any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties on the part of the Affiliate in terms of this Agreement.
- CONDOR makes no representation that the operation of CONDOR's promoted websites will be uninterrupted or error-free and CONDOR shall not be liable for the consequences of any interruptions or errors.
Exclusion of Liability
- Nothing in this part ‘Exclusion of Liability’ shall limit CONDOR's liability for death or personal injury resulting from CONDOR's negligence or from fraud.
- CONDOR shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for
- loss of revenues, profits, contracts, business, or anticipated savings;
- any loss of goodwill or reputation;
- any indirect or consequential losses;
- in any case, whether or not such losses were within the contemplation of the Parties at the date of this Agreement, or any other matter under this Agreement.
- CONDOR's liability shall not, in any event, exceed the sum of the total monies paid by CONDOR to the Affiliate pursuant to part ‘Payment - Casino sites’ hereof over the six (6) month period preceding the date on which such liability was accrued.
Term & Termination
- This Agreement shall start on the date that CONDOR notifies the Affiliate that the Affiliate's application has been successful.
- The Affiliate may bring the term to an end with immediate effect by written notice to CONDOR if:
- CONDOR commits a breach of its material obligations under this Agreement and in the case of a remediable breach, CONDOR's failure to remedy same within fifteen (15) days of the date of receipt of notice of such material breach from the Affiliate;
- CONDOR becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets, or if any petition shall be presented, an order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
- Subject to Clause 69. and Clause 78. hereof, the Affiliate may terminate this Agreement on delivery of four (4) weeks' prior written notice to CONDOR.
- CONDOR may terminate this Agreement at any time and for any reason immediately by giving written notice to the Affiliate. Provided that, CONDOR may terminate this Agreement with immediate effect and without the need to give written notice to the Affiliate in the event of a breach of Clause 19., Clause 22., Clause 38. and Clause 45. hereof, in the event of fraud on the part of the Affiliate and as otherwise provided in this Agreement.
- Saving those clauses the survival of which is necessary for the interpretation and/or enforcement of this Agreement which will continue to have effect after the termination of this Agreement, the Parties shall have no further obligations or rights under this Agreement after the termination thereof, without prejudice to any obligations or rights which may have accrued to either Party at the time of the termination of this Agreement.
- At the end of the term, the Affiliate shall remove all the authoring marketing tools, and all the Links and Media Articles of CONDOR's promoted websites.
- At the termination of this Agreement:
- all the rights and licenses given to the Affiliate by CONDOR in accordance with the terms of this Agreement, shall cease immediately;
- The Affiliate will have no right to receive further payments from CONDOR.
- The Affiliate agrees that CONDOR shall be entitled to deduct, from any payment to be made by CONDOR to the Affiliate in terms of part ‘Payment - Casino sites’ hereof, any amount payable by the Affiliate to CONDOR in consequence of any breach by the Affiliate of this Agreement.
- This Agreement replaces all previous terms and conditions of CONDOR's Affiliate Program.
- In the event that CONDOR or one of its representatives is signing an IO or any other Agreement with an Affiliate, which is outlining the agreed deal, the Terms and Conditions published on this website, will prevail and will arrange the rights and obligations from both parties. Signing an IO from an external party is only meant to outline the commercial and pricing models agreed upon, where CONDOR's IO and T&Cs published on this website will prevail.
- CONDOR reserves the right to change, modify, add or remove all or any part of this Agreement at any time. Notice of any changes will be published on the website and replace old terms. If the Affiliate does not agree to the changes the Affiliate should terminate this Agreement in accordance with Clause 70. hereof. Provided that, any changes to the payment terms pursuant to part ‘Payment - Casino sites’ hereof shall be deemed to constitute major changes. Should the Affiliate not agree with any such changes, the Affiliate shall be entitled to terminate this Agreement immediately by giving written notice to CONDOR. CONDOR endeavours to publish details of any changes to these terms and conditions and hereby advises the Affiliate to check the terms and conditions for any changes at least once every four (4) weeks. The Affiliate's continued participation in CONDOR's Affiliate Program after CONDOR has posted the changes will constitute binding acceptance of such changes by the Affiliate.
- In no event will any delay, failure, or omission (in whole or in part) in enforcing, exercising, or pursuing any right, privilege, power, claim or remedy conferred by or arising under this Agreement or by law, be deemed to be or construed as a waiver of that or any other right, privilege, power, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
- The Affiliate shall not without the prior written consent of CONDOR assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-license or deal with this Agreement or any rights under this Agreement, or subcontract any or all of its obligations under it, or purport to do any of the same. Any purported assignment in breach of this Clause 80. shall confer no rights on the purported assignee.
- If any of the provisions of this Agreement should be found by any court or administrative body of competent jurisdiction to be invalid or ineffective or become invalid or ineffective, such invalidity shall not affect or impair the validity of the other provisions of this Agreement. The invalid or ineffective provision shall be replaced by a valid provision that incorporates the economic intent and purpose of the invalid or ineffective provision to the extent possible. This provision shall also apply if the Agreement contains a gap that requires an appropriate provision and shall remain in full force and effect.
- Post-deal Modifications: CONDOR reserves the right to change any deal (without further notice) for any Affiliate that does not generate a minimum of five (5) NDPs in a given month (i.e. removal of any Custom deal and reverting to only Ladder/Tiered Commission structure.
Governing Law and Dispute Resolution
- The validity and interpretation of this Agreement shall be governed and construed in all respects exclusively by the laws of Costa Rica.
- The Parties shall use their best endeavors to negotiate in good faith and settle amicably and as quickly as possible any dispute or difference between the Parties related to this Agreement or a breach of it.
- If no settlement can be reached through consultation within sixty (60) days after either Party has given written notice to the other Party of the existence of a dispute under this Agreement, the matter may, at the election of either Party, be brought before the competent Court of Costa Rica which shall have exclusive jurisdiction over any disputes or differences. The Parties expressly renounce to any other jurisdiction other than Costa Rica. On approval, the Affiliate accepts the terms and the conditions of this Agreement by submitting the form in the Join Now section of the CONDOR Affiliate website.
Last update: 02 January 2020