Terms & Conditions

Updated: 01-02-2022

Definitions

Affiliate: A natural and/or legal entity who has registered and is accepted by 7melons.ch as an affiliate of the affiliate program in terms of this Agreement.

Affiliate Account: The technical reporting and tracking interface set up for the use by the affiliate to monitor performance, access marketing materials, access financial reports and configure payment details.

Affiliate Manager: Means any employee of the Company authorised to manage the

relationship between the Company and the Affiliate.

Affiliate Network: Acts as an intermediary between publishers and merchant affiliate programs.

Affiliate Program: The affiliate program operated by 7melons.ch and forms the subject matter of this Agreement.

Affiliate Website: A website owned by the Affiliate which sends traffic to 7melons.ch.

Agreement: The contract and its annexes between the Company and the Affiliate in accordance with the Terms and Conditions of the Affiliate Program.

Bonuses: Means any so-called "free money", "free bets", "free spins", "money back",

vouchers, rebates, discounts and/or similar that the New Customer can utilise as payment for

stakes (bets).

Brand: Means any relevant brand operated by Grand Casino Kursaal Bern AG (“7 Melons”).

Commission: Means the compensation due to the Affiliate based on the agreed Cost Per Acquisition, or other Reward Plan.

Company: Means Grand Casino Kursaal Bern AG and any of the subsidiaries. The contractual party in this Agreement is and remains solely Grand Casino Kursaal Bern AG.

Confidential Information: Means any information of a commercial value, considered

essential for both 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, New Customer lists, prospect and

New Customer data, supplier lists, marketing plans, product development, manner of

operation or financial condition or prospects.

Content: Material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including Sub-Affiliate links), banners and other general advertising material.

CPA Deal: Means a “Cost Per Acquisition” deal, whereby the Company pays the Affiliate a predetermined amount for each referred Player and said Player deposits at least an agreed amount (baseline), unless otherwise agreed between the Parties.

CPA Payment: Means the reimbursement to be paid to the Affiliate in terms of this Agreement, as defined in section 6.17.  

Database: Means any information stored about Affiliates and New Customers, containing

any Company proprietary New Customer data for the purposes of this Agreement, including

without limitation to Personal Data and contact information, and excluding all other Company

databases, as it stands as of the date of this Agreement, and as it stands until the date of

termination of this Agreement. Databases are assets of a financial value belonging to the

Company and represent a substantial investment made by the Company.

First Time Depositor (FTD): Means a New Customer who has made a first minimum deposit

with the Company which is used for bona fide transactions with the aim to establish and enter

into a normal commercial relationship with the Company within the framework of the

business. The customer registration and the first deposit do not have to be simultaneous.

General Terms and Conditions: 7melons.ch general terms and conditions

Goodwill: Means the benefit of a business having a good reputation under its name and

regular patronage

Intellectual Property Rights or IRP: Means any rights in computer software (including

source codes), databases, know-how, design, copyright, trademarks, logos, service marks,

domain names, brands, business names and/or all other rights of whatever nature whether

registered or unregistered subsisting anywhere in the world, whether now known or created

in the future.

Master Affiliate: An approved affiliate is able to operate as a master affiliate, who recruits new affiliate partners for the 7 Melons Affiliate Program using the Master Affiliate link from the affiliate account.

New Customer: Means any person that properly registers with the Brand after clicking on the

Content, excluding any person that already exists in the Company’s Brand customer Database

or that has previously closed a customer account and opened a new one through the Affiliate.

A customer will be linked to the last Affiliate who referred the customer to the Company based

on the affiliate tracking cookie.

Parties: Means the Company and the Affiliate (each a “Party”).

Payment Agent: Means any third party appointed by the Company to carry out on its behalf

and make payments to the Affiliates.

Personal Data: Means any information relating to any person, whether individual or legal

that is or may be identified from time to time (directly or indirectly). It includes without

limitation any and all information in relation to New Customers and/or Affiliates

Privacy Policy: 7melons.ch’s privacy policies.

Products: Means the online products offered by the Company.

Qualified Player: Means any person who is attached to your affiliate account and (i) has not been a Player with us before; (ii) is not located in a Restricted Territory; (iii) who has made a Deposit; (iv) is accepted as a Player under any applicable sign up or identity verification procedure which we may require; and (v) has adequately fulfilled any other qualification criteria that we may introduce from time to time. Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the above-mentioned qualifying criteria at any time by virtue of placing notice on 7 Melons Website.

Real Money Player: A New Customer who has made a real money transfer of at least equivalent to the minimum deposit into their player account and made at least one real money bet on 7melons.ch

Reward Plan: Means any financial model agreed between the Parties to compensate the

Affiliate for its marketing activities.

Sub-Affiliates: Any natural or legal entity who, after being referred to the Program by Master Affiliate via a sub affiliate tracking link, enters into this agreement. The referring Master Affiliate earns commission from the sub affiliates’ players.

Technical Platform: Means a technical tool selected by the Company to record, register and

monitor the Affiliate’s activities, business and the activities between the Company and New

Customers.

Term: Means the period from the date the Affiliate accepts the terms of this Agreement

until termination of this Agreement.

Tracking Link: An unique link generated in the affiliate account for each affiliate and granulating on a campaign basis, to track and record New Customers which the affiliate has brought to 7melons.ch

Working Day: Means every day from Monday to Friday inclusive, excluding public holidays

and weekends.

This document (the Affiliate Agreement or Agreement) sets out the terms and conditions agreed between:

Grand Casino Kursaal Bern AG (hereinafter Company or 7melons.ch or 7 Melons ), a company duly registered under the laws of Switzerland, registration No. CH-035.3.026.708-1, having its registered office at Kornhausstrasse 3, 3000 Bern and the person/company set out on the relevant application form (hereinafter the “Affiliate”), enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the 7 Melons Affiliates Program (“Program”).

By completing the 7melons.ch Affiliate Program application and clicking "I agree to the Terms and Conditions” within the registration form, you hereby agree to abide by all the terms and conditions set out in 7melons.ch site.

1.GENERAL SCOPE AND OBJECTIVE

1.1. The Affiliate maintains and operates one or more websites on the internet (collectively referred to as Affiliate Website), and/or refers potential customers to us through other channels.

1.2. This Agreement governs the terms and conditions which are related to the promotion of 7melons.ch by the Affiliate, whereby the Affiliate will be paid a commission as defined in this Agreement depending on the traffic sent to 7melons.ch and the terms of this Agreement.

1.3 We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.

1.4 In case of any discrepancy between the meanings of any translated versions of the Agreement, the English language version shall prevail.

2. ACCEPTANCE OF AN AFFILIATE

2.1. The Company reserves the right to refuse any Affiliate Program application in its sole and absolute discretion

3. QUALIFYING CONDITIONS

3.1. The Affiliate hereby warrants that he/she:

a) Is of legal age in the applicable jurisdiction in order to agree to and to enter into the Agreement.

b) Is competent and duly authorized to enter into binding Agreements.

c) Is the proprietor of all rights, licenses, and permits to market, promote and advertise 7melons.ch in accordance with the provisions of the Agreement.

d) Will comply with all applicable rules, laws, and regulations in correlation with the promotion of 7melons.ch

e) Fully understands and accepts the terms of the Agreement.

4. RESPONSIBILITIES AND OBLIGATIONS OF THE COMPANY

4.1. The Company shall provide the Affiliate with all required information and marketing material for the implementation of the Tracking Link as the Company sees fit and needed.

4.2. The Company will assign a unique tracking identification code to all customers referred by the Affiliate. The Company shall calculate and record the total amount of Affiliate commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to its business.

4.3 The Company will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them.

4.4. The Company shall pay the Affiliate the amount due depending on the commission scheme assigned to the affiliate on the traffic generated by the Affiliate subject to the terms of the Agreement.

4.5. The Company reserves the right to freeze or close Affiliate Account(s). In addition to any other right, which the Company may be entitled to under this Agreement, the Company reserves the right to:

a) in case of having any reason to suspect that the Affiliate is in breach with the terms of the Agreement, the Affiliate´s Account(s) may be blocked, and payouts may be frozen for the period of investigation. If the investigation proves a violation of the Agreement to have taken place, Company reserves the right to withhold the Affiliate´s commission;

b) close any Affiliate’s account(s) if in the sole opinion of the Company it is necessary to comply with our policy and/or to protect the interests of the website of the Company or the Company. If the Affiliate is in breach of the Agreement, Company may in addition to close the Affiliate’s account(s) take any other steps under the law to protect its interest;

c) terminate the Agreement for Affiliate account(s) where affiliate threatens 7melons.ch staff with physical harm. Under no circumstances, the Company shall be held liable for eventual loss or damage caused to the Affiliate.

d) Company reserves the right to initiate an internal investigation of the Affiliate or player’s accounts on 7melons.ch in case the Company suspects the Affiliate in violation of the rules on the Affiliate website.

5. RESPONSIBILITIES AND OBLIGATIONS OF THE AFFILIATE

5.1. The Affiliate hereby warrants:

a) To use its best efforts to actively and effectively advertise, market and promote 7melons.ch as widely as possible in order to maximize the benefit to the parties and to abide by the guidelines of the Company as they may be brought forward from time to time and/or as being published online.

b) To market and refer potential players to 7melons.ch at its own cost and expense. The Affiliate will be solely responsible for the distribution, content, and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and must be in accordance with the Agreement.

c) To use only the tracking link provided within the scope of the Affiliate Program, otherwise, no guarantee whatsoever can be given for proper registration and sales accounting by the Company. Also, not to change or modify in any way any link or marketing material without prior written authorization from the Company.

d) To be responsible for the development, operation, and maintenance of its Affiliate website as well as for all material appearing on its Affiliate website.

e) That it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.

f) That it will not actively target any person who is under the legal age for gambling.

g) That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.

h) That it will not generate traffic to 7melons.ch by illegal or fraudulent activity, particularly but not limited to:

I. Sending spam.

II. Incorrect meta tags.

III. Registering as a player or making deposits directly or indirectly to any Affiliate Account through his/her tracker(s) for their own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.

i) That it will not present its Affiliate website in such a way that it might evoke any risk of confusion with the Company and or convey the impression that the Affiliate Website of the contracting party is partly or fully originated with the Company.

j) Without prejudice to the marketing material as may be forwarded by the Company and/or made available online through the Affiliate Program the Affiliate may not use 7melons.ch or other terms, trademarks and other intellectual property rights that are vested in the Company unless the Company consents to such use in writing.

k) That it will not purchase any domains that include any names, words and phrases that are or can be deemed to form part of 7melons.ch or bidding on any keywords or keyword phrases that include, any names, words and phrases that are or can be deemed to form part of 7melons.ch in any format in any pay per click (PPC) search engine.

5.2 All 7melons.ch affiliates are required to refer a minimum of 5 active Customers within a three month period of joining the program. Should an affiliate not reach this requirement the affiliate account may be closed, but you will have the option to open a new affiliate account.

6. PAYMENT

6.1 The Affiliate acknowledges and agrees that the Company may only offer CPA Deals pursuant to Swiss legislation.

6.2 For the avoidance of doubt, all payments shall be made inclusive of VAT, if applicable, and the Affiliate is individually responsible for withholding tax, VAT and any other fees which may apply based on its country of registration. See point 6.9 and 6.18.

6.3. The commission is calculated at the end of each month and payments shall be performed by the 15th day of each calendar month, provided that the amount due exceeds specified 7melons.ch specific thresholds. If the balance due is less than the minimum threshold of your chosen payment method, it shall be carried over to the following month and shall be payable when it collectively exceeds the minimum threshold.

6.6. All payments to the Affiliate shall be made by a Payment Agent appointed by the Company.  Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. 7 Melons Ltd remains exclusively responsible for the payment of any amounts due.

6.7 If an error is made in calculating the commission, the Company reserves the right to correct such a calculation at any time and will pay out underpayment or reclaim overpayment made to the Affiliate by the 8th day of the calendar month. If the payment has not been made to the Affiliate by the 8th day of the calendar month, the commission will be paid out in full during the next month only when the Affiliate has provided all necessary details to the Company.

6.8. Payments shall be made by the 15th Working Day following the end of the month in which the Affiliate’s Commission was earned.

6.9. Affiliates registered for VAT in Switzerland should invoice the Company after the 10th Working Day of the month following the month for which the Commission was earned. The Affiliate should invoice Grand Casino Kursaal Bern AG, Kornhausstrasse 3, 3000 Bern and include:

• Affiliate ID and the month for which commission is due
• Net Commission amount in CHF from MyAffiliates (excluding VAT)
• CH VAT at the applicable rate and in CHF
• Gross amount to pay in CHF.
• Handelsregister no: CH-035.3.026.708-1
• UID CHE-101.071.322

6.10. All invoice payments will be made in CHF via bank transfer and are processed by the Company’s bank or Payment Service Provider. In some instances, another company may make the payment on behalf of 7 Melons Ltd.

6.11. Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the balance due for the period indicated.

6.12. If the Affiliate disagrees with the balance due as reported, it shall within a period of seven (7) days, send an email to the Company to [email protected] and indicate the reasons for the dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgement of the balance due for the period indicated.

6.13. The Company may delay payment of any balance to the Affiliate for up to sixty (60) days, while it investigates and verifies that the relevant transactions comply with the provisions of the terms of the Agreement.

6.14. No payment shall be due when the traffic generated is illegal or contravenes any provision of the terms of the Agreement.

6.15. The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.

6.16. For the sake of clarity, the parties specifically agree that upon the termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out.

6.17. The Affiliate will receive a predetermined amount for each referred Player in accordance with a separate CPA Agreement. There shall be no profit-share component under this CPA Deal. The Company reserves the right to change the CPA Deal at any time without notice.

6.18. The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the commission generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.

6,19 If a cost arises from tax or VAT not being paid by an Affiliate for its earnings coming through the CPA Payment and that cost is being transferred over to the Company in any way, the Company has the right to deduct that cost from the future CPA Payment. Breach of this clause may also lead to the termination of the Agreement as set out in clause 7.2.

7. TERMINATION

7.1. This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by email to [email protected]

7.2. The contracting parties hereby agree that upon the termination of the Agreement:

a) The Affiliate must remove all references to 7melons.ch from the Affiliate website and/or other marketing channels and communications, irrespective of whether the communications are commercial or non-commercial.

b) All rights and licenses granted to the Affiliate under the Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.

c) The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, provided the Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this termination date.

d) If the Agreement is terminated by the Company on the basis of the Affiliate’s breach of the clause 4.5.(b), the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such a breach. It is further specified that termination by the Company due to a breach by the Affiliate of any of the clauses in the Agreement shall not require a notice period and such termination shall have an immediate effect upon simple notification by the Company to the Affiliate.

e) The Affiliate must return original data items that hold any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody, and control to the Company or delete permanently any copies or electronic form data containers that contain the same.

f) The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of the Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of the Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.

7.3. You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of 7melons.ch’s products. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this Agreement.

7.4 If the Affiliate account is inactive, we will terminate the account with the right to freeze the commission on the account. In this clause, "inactive" means where you have not registered new Real Money Players for one hundred and eighty (180) days or more. If your Affiliate Account is inactive, your Agreement and participation in the Affiliate Network will automatically terminate. Where automatic termination occurs, we will notify you that your commission on your Player account will be frozen. If we do not receive any response from you within one hundred and eighty (180) days, any funds remaining within your Affiliate Account will revert to us.

8. RELATIONSHIP OF PARTIES

8.1 We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.

9. INDEMNITY

9.1 You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.

10. DISCLAIMERS

10.1 We make no express or implied warranties or representations with respect to the Affiliate programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the 7melons.ch affiliates system and the 7melons.ch database, the database shall be deemed accurate.

11. LIMITATION OF LIABILITY

11.1 We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising 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 affiliate programme will not exceed the total Referral Commissions paid or payable to you under this Agreement. 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. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.

12 INDEPENDENT INVESTIGATION

12.1. You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.

13. MISCELLANEOUS

13.1 Governing Law

The laws of Switzerland will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Switzerland and you irrevocably consent to the jurisdiction of its courts.

13.2 Assignability

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, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.

13.3 Non-Waiver

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.

13.4 Remedies

Our rights and remedies hereunder shall not be mutually exclusive, that is to say that 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, we may seek enforcement or compliance 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, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

13.5 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.

14. SUB-AFFILIATES

14.1 Sub-Affiliate is an affiliate referred to the Company by you who holds the same qualifying conditions as an Affiliate. All such Sub-Affiliates will be linked to your Affiliate account (and you will be considered as the Master Affiliate) provided that the Sub-Affiliate(s) signs up using one of your Sub-Affiliate referral links. In order to become a Master Affiliate, the Affiliate must submit a request and get approval from the Company, a referral link is then provided to the Master Affiliate.

14.2 In order to become Sub-Affiliate, the Sub-Affiliate must be registered using the Sub-Affiliate referral link provided by you. You are solely responsible for ensuring the proper completion of a Sub-Affiliate’s registration. In the result of failure to complete any steps correctly, the Sub-Affiliate may not be linked to you.

14.3 You will earn a predetermined amount for each referred Player generated by each Sub-Affiliate you successfully refer to us in accordance with a separate CPA Agreement. The Company reserves the right to change any of the commission fees at any given moment without prior notice.

14.4 The Company reserves the right, at its sole discretion, to investigate any Sub-Affiliate referred to us by you if we suspect any suspicious activity on the Sub-Affiliate account. If a Sub-Affiliate referred to us by you is found to have engaged in or been involved with Fraud, Spam, or is found to have breached any of the terms and conditions of the Agreement. The Company reserves at its sole discretion, the right to withhold all Sub-Affiliate commission payments relating to that Sub-Affiliate, due to you and to suspend, freeze and confiscate the account, if deemed appropriate.

14.5 Any Sub-Affiliate will be bound by the terms and conditions of the Agreement and you will be liable to us for the performance of such Sub-Affiliate’s obligation under the Agreement.

14.6 The Company holds no responsibility for any direct negotiations including disputes that happen between a Master Affiliate and a Sub-Affiliate. All responsibility regarding the communication between a Master Affiliate and a Sub-Affiliate remains with the Master Affiliate and the Sub-Affiliate.

APPENDIX A - 7MELONS.CH AFFILIATES ADVERTISING REQUIREMENTS

This Appendix A outlines how the Company’s Affiliates can promote its Brands effectively and lawfully. Any enquiries regarding the Affiliate’s obligations under the Agreement, or under the relevant legal and/or regulatory requirements in the jurisdiction where the Affiliate is located should be referred to the Affiliate Account Manager or emailed to: [email protected]

For the avoidance of doubt, it is up to each Affiliate to ensure that it is compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of the Affiliate account with the Program.

1. GENERAL RULES

1.1 You may only use Marketing Material provided by the Company or content that has been approved by the Company. You shall not alter the appearance, design and content of the approved marketing material unless it has obtained prior written authorisation from the Company. If You want to use content that has not been provided by the Company and/or approved by the Company, it MUST be approved by the Company’s affiliate manager in writing prior to being published. If You are found to be using any Marketing Material or other content promoting the Company’s brands that has not been approved in writing by the affiliate manager, this may lead to the suspension and/or termination of your affiliate account. In addition, the assertion of damages by the Company remains reserved in any case.

1.2 You shall adhere to the EGBA code of conduct in regards of your marketing activities for the Company.

1.3 Sales promotions shall always be clear and accurately advertised.

1.4 Adverts and promotions shall not directly or indirectly feature themes that link gambling to toughness, resilience or recklessness.

1.5 Adverts and promotions shall not give the impression that gambling can be a main source of income or an activity to resort to for the payment of debts.

1.6 Adverts and promotions shall always be in accordance with the Company’s effort to promote social responsibility and responsible gambling. Inter alia, You shall ensure that adverts and promotions do not encourage gambling in ways that might appeal to children, young persons and/or vulnerable persons.

1.7 All adverts and promotions shall clearly indicate that the gambling activity promoted is to be only exercised by persons who are over 18 years of age.

1.8 All adverts and promotions shall expressly state how to make use of an offer. For avoidance of doubt, customers of the Company shall always be provided with sufficient information in order to be able to make an informed decision prior to opting to accede to a promotion. For example, the customer has to fully be made aware of all wagering requirements, limitations of bonus offers etc.

1.9 You shall NOT purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s trademarks or any other brands belonging to the Company, or variations thereof in the “domain name” (i.e. after any prefixes but before the top level domain suffix), or include meta tags on your website which are identical or similar to any of the Company’s trademarks or any other brands belonging to the Company. In addition, You shall NOT create pages falsely representing any of the Company’s brands in any social media channels (including, but not limited to, Facebook, Google+, Twitter, etc.). If You register domain names in breach of this rule, You will have your affiliates account terminated and further legal action may be taken. In addition, the assertion of damages by the Company remains reserved in any case.

1.10 You shall not use or distribute Company’s brands, sub brands, website)s) and products in violation of applicable law, rules and regulations.

1.11 You shall not advertise, distribute or sell, and you shall not authorise the advertising or sale, of Company’s brands, sub brands, website)s) and products in any manner at any time or in any place not specifically allowed here-under or in any language other than the authorised languages.

1.12 You shall not, nor shall you authorise others to, solicit, advertise, distribute, offer, use or otherwise exploit Company’s brands, sub brands, website)s) and products to Players in any geographic area outside Switzerland. This limitation applies to both play for real money and for fun regardless of distribution channel.

2. CUSTOMER OFFERS

When promoting Customer Offers, particularly welcome offers, enhanced price offers and free spins, Affiliates must be as clear as possible and must not mislead existing or future customers in any way. Affiliates must always make it clear that a promotion is a promotion and ensure compliance with National Consumer Protection Framework in all jurisdictions

Affiliates acknowledge that the terms in the Content or any other promotion must not mislead the customer by omission, exaggeration or by any other means. The Content or any other promotion by the Affiliates must include the following mandatory terms:

1) Targeted players

Example: New players only / Existing players only / Selected players only

2) Age restriction

The age restriction warning sign (+18) must always be displayed on all adverts, banners and

campaigns

3) Deposit information

Example: No deposit required / Min deposit CHF xx etc

4) Information about offer

Example: Bonus is 100% match on 1st deposit up to CHF xx etc

5) Wagering requirements and bonus expiry

Example: 35x Wagering requirement / 3-day expiry etc

6) Information about bet limitations

Example: Min bet CHF xx / Max bet CHF xx when playing with a bonus etc

7) Game restrictions

Example: Free spins on Starburst / selected games only etc

8) Information about additional terms

9) Terms and Conditions (T&Cs) of promotional offers

If space is limited, significant terms of the promotion (points 1 to 7 above) must always be displayed in the offer and the term “T&Cs apply” must be displayed in the offer as a link to additional terms and T&Cs of the promotion one click away. The link should refer to either the Affiliate’s page where the T&Cs are displayed or the Company’s Brand site where the full set of T&Cs of the promotional offer must be visible.

The Content provided by the Company via the Media Gallery will always be compliant with the above requirements.

3. EMAIL MARKETING

Affiliates are not permitted to engage in any email marketing activities on behalf of the Company

towards individuals based in Switzerland. Individuals based in other countries can only be emailed with explicit written consent of their Affiliate Account Manager. Consent will only be given where the Affiliate can provide evidence of how the email database has been sourced, with a clearly defined double opt-in process to receive gambling related email communications.

In addition:

- The Affiliate shall provide the Company with evidence on how You have sourced your email database and clearly define the opt-in process to receive gambling related email communications.

- The Affiliate must provide a preview of the actual email you are planning to send and gain

permission from their Affiliate Account Manager before it is sent.

- Emails should never appear as if they have been sent by any of the Company’s Brands and Brand names must not appear in the ‘From’ field.

- It must be clear in the email that any potential complaint made as a result of this communication should be addressed directly to the Affiliate, and not to any of the Company’s Brands. The Company will not reply to such complaints.

- An unsubscribe link must be included in every email. The Company shall ask the Affiliate to provide examples of the unsubscribe process.

Any Affiliate found to be carrying out any email marketing activities without consent, or in breach of the restrictions above, will have its Affiliate account terminated.

4. SOCIAL MEDIA

Any links posted by Affiliates on Facebook, Twitter and any other relevant social media channels can only link to the Affiliate’s own website in the first instance, which in turn should contain compliant promotional text and then link to the relevant Brand.

Affiliates must not post any Affiliate links directly on their social media page(s). Any Affiliates found to have done so will have its Affiliates account suspended and/or terminated.

The aforementioned guidelines on Content and Customer Offers are also applicable to social media posts.

In addition, Facebook, Twitter and other social media have their own guidelines and policies regarding the advertising of gambling products and the Affiliates must comply with such guidelines and policies For example, if promoting gambling through a Twitter, Facebook or any other social media handle, an 18+ statement (or 21+ in some jurisdictions) must be included in the Affiliate’s page bio and any relevant agreements/addendums between the Affiliate and the social media companies must be concluded and signed.

5. MEDIA BUYING

Affiliates are not permitted to engage in any media buying promoting the Company’s Brands through advertising exchanges, programmatic networks, etc without prior written consent from their Affiliate Account Manager. We will require 100% visibility on this activity so that we can ensure our Brands are being promoted in a compliant manner, in line with specific Country regulations and restrictions.

6. PAY-PER-CLICK CAMPAIGNS

Affiliates wishing to run Pay-Per-Click (PPC) campaigns:

1) must link to the Affiliate Site and not the Brand site;

2) must not bid on the Brand names or trademarks, or misspellings thereof;

3) must not use the Brand names in display URLs or ad copy;

4) must add the Brand keywords to the phrase match negative keywords list on their accounts;

5) must not bid on prohibited terms.

Full list of prohibited terms in Appendix C.

Failure to comply with the Pay Per Click Campaigns Requirements will be cause for the termination of

this Agreement with immediate effect. In addition, the assertion of damages by the Company remains reserved in any case.

7. SMS

The Company has decided not to engage in any SMS send-outs through a third party for the foreseeable future. If You are found to be running SMS activities, You will have your affiliate account terminated immediately. In addition, the assertion of damages by the Company remains reserved in any case.

​8. POP-UP AND POP-UNDER CAMPAIGNS

You may NOT use framing techniques such as pop-up or pop-under windows to promote the Company’s brands. If You are found to be running this sort of activity, You may have your affiliate account suspended and/or terminated. In addition, the assertion of damages by the Company remains reserved in any case.

APPENDIX B - DATA PROTECTION

1. For the purpose of the services to be delivered under this Agreement, it is understood that the

Company and the affiliate are a Data Controller of Personal Data in their own right.

2. The Affiliate shall at all times comply with its obligations under the EU Regulation 2016/679 and laws implementing or supplementing it, the Privacy and Electronic Communication Regulations 2003, any amendment, consolidation or re-enactment thereof ("Data Protection Requirements") and indemnify the Company for any breach of the Data Protection Requirements which renders the Company liable for any costs, fines, claims or expenses howsoever arising.

3. Failure to comply with the Data Protection Requirements will be cause for the termination of

this Agreement with immediate effect.

APPENDIX C - PROHIBITED PPC TERMS

To be confirmed