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Terms & Conditions

The following terms and conditions (Terms) set out your agreement to participate in the Scorching Slots Affiliate Program (“Affiliate Programme”)

Please read these Terms carefully before joining the Affiliate Programme. By applying to be an affiliate and participating in the programme, You (being the person applying to become a member or a person who is already a member of the Affiliate Programme, also referred to as “Your” where applicable) agree to be bound by all the terms and conditions set forth in this agreement. If you do not agree to these Terms, please do not submit the registration form or join the Affiliate Programme.

We will, in our sole discretion, determine whether or not to accept your application, with Our decision being final and not subject to any right of appeal.

The Scorching Slots Affiliate Programme includes the sites of https://games.scorchingslots.com/lobby/scorchingslots/ and any other future extension of the Scorching Slots platform. All such websites are referred to in these Terms as the “Scorching Slots Site”, with all hyperlinks from website(s) you own and control (referred to in these Terms as the “Partner Site” or “Your Site”) to the Scorching Slots Site (“Links”).

Clause headings are included for convenience only and shall not affect the interpretation of these Terms.

The singular includes the plural and vice versa; and any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists.

Modifying This Agreement
Scorching Slots may modify any of the terms and conditions contained in this agreement, at any time and at its sole discretion, by sending you a notice identifying the changes. Modifications may include, but are not limited to, changes in the referral fees, payment schedule or other rules.

 

IF ANY CHANGE IN THE AGREEMENT IS UNACCEPTABLE TO YOU, YOU MUST TERMINATE THIS AGREEMENT BY NOTIFYING SCORCHING SLOTS IN WRITING.

 

Continued participation in this Programme following our making a change will constitute binding acceptance of the change. Where we give you notice of the change, you have seven business days from the notice being sent to terminate your membership if you do not agree to the change to these Terms. If you continue to participate in the Affiliate Programme after this period has elapsed, you will be deemed to have accepted and be bound by the amended Terms.

 


Your Rights and Responsibilities

1. Linking to Scorching Slots Casino

By agreeing to participate in the Scorching Slots Affiliate Program, you agree to create a unique link from your site to Scorching Slots Casino. The form of such link must be approved by Scorching Slots, or by its agent. You shall not make any claims, representations, or warranties in connection with Scorching Slots, and you shall have no authority to, and will not, bind Scorching Slots to any obligation without first obtaining written permission from Scorching Slots or its authorized agent.

You will continually display the most up to date Links we provide you on the Partner Site in the manner and spirit of these Terms, and You shall not alter the form or operation of the Links without our prior written consent. Failure to promote in this manner may result in the suspension or termination of your membership of our Affiliate Programme immediately on written notice to you.

We will notify you of any new / amended Links from time to time via the email address you have provided to us and you agree to update the Links on the Partner Site as soon as reasonably practicable. If you fail to update the Links within a time period that we consider reasonable we may suspend or terminate your membership of our Affiliate Programme immediately on written notice to you.

You shall ensure that you do not place any Links on pages of the Partner Site aimed at persons under the age of 18 years or, if the Partner Site is prohibited by Applicable Laws, to anyone who is not at an age where they can lawfully register on the Scorching Slots Site. 

In the event that you wish to place the Links on websites other than the Partner Site(s) already known to Us, you must obtain our prior written consent.

 

2. Agreements
You warrant to us that you have, and will retain throughout the lifetime of this Agreement, all right, title and authority to enter into these Terms, and to perform all of your obligations under these Terms.

You agree to all of the terms set forth herein and to positively endorse Scorching Slots at all times and maintain a site content that is free of child pornography or other illegal sex acts, promotion of violence, promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotion of illegal activities, is in any way defamatory, or a violation of intellectual property rights.

You agree not to market or promote the Scorching Slots Site on any website or other platform which promotes illegal activities, contains or links to unauthorised content or otherwise violates intellectual property rights (including but not limited to any website that illegally streams music, video or other content in breach of a third party’s intellectual property rights, or promotes or provides access to the same);

You must provide true and complete information to Scorching Slots at all times; including but not limited to, your identity, contact information, payment instructions, and any other information that Scorching Slots may reasonably request from time to time.

Scorching Slots grants you the non-exclusive right to direct individuals to our site and services, in accordance with the terms and conditions of this agreement. You shall have no claims to referral fees or other compensation on business secured or partially secured by or through persons or entities other than you. You also understand that Scorching Slots may at any time (directly or indirectly) solicit referrals on terms that may differ from those attained here, or operate or contract with websites that are similar to, or compete with, your website. All rights not expressly granted by us are hereby reserved.

 

3. Responsibility for your site and other marketing materials

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. Scorching Slots disclaims all liability for these matters. Further, you will indemnify and hold Scorching Slots harmless from all claims, damages and expenses (including, but not limited to, attorneys’ fees) relating to the development, operation, maintenance and contents of your site and marketing materials and your performance of this agreement. You agree to refrain from utilizing ‘spam’ for marketing our products and services (all email marketing must be based on commonly accepted opt-in rules).

You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Scorching Slots harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to a Scorching Slots site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. Scorching Slots reserves the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. For players that are found to be fraudulent in past transactions, Scorching Slots reserves the right to deduct the commissions earned from these players even if these commissions had been previously paid out.

You agree to give us all your reasonable assistance in respect of the display, access to, transmission and maintenance of the Links.

You will not send any SMS messages concerning Us, Advertisers or their/Our relevant products and services to any databases. 

You shall not send e-mails or any other electronic message to any recipient without express permission from Scorching Slots and:

You shall not compile any mailing list in a manner which does not comply with any appropriate law or regulation and maintain any necessary authority to make electronic communications to end users. 

You shall include the name of the Affiliate and/or the Affiliate’s logo in the body of the text of any Electronic Communication distributed by the Affiliate so that recipients know that it is the Affiliate who is sending the communication.

You shall include an “unsubscribe” option in each Electronic Communication you send, the unsubscribe option should be for the service provided by the Affiliate only and should not link to Our Site or any Advertiser site.

The “unsubscribe” facility must always remain fully functional and operational.

The recipients of any Electronic Communication shall be comprised solely of recipients listed in an Opt-In database made up of individuals who have given their express consent to receive marketing from the Affiliate.

You shall remove from the Opt-In database any recipients who have informed you that they no longer wish to receive marketing communication.

 

4. Adherence to Licensing Objectives and Applicable Laws

You acknowledge that Scorching Slots is licensed by the United Kingdom Gambling Commission and as such is bound by licence conditions and codes of practice whose aim is to fulfil  the three licensing objectives set out in the UK Gambling Act 2005 (“Licensing Objectives”) as follows:

  1. preventing gambling from being a source of crime and/or disorder, being associated with crime or disorder and/or being used to support crime;
  2. ensuring that gambling is conducted in a fair and open way; and
  3. protecting children and other vulnerable persons from being harmed and/or exploited by gambling.

By joining the Scorching Slots Affiliate Programme, you agree to have due regard for and act at all times in a manner consistent with Licensing Objectives as though you yourself were a licensee of the Gambling Commission and you agree to demonstrate your consideration of and adherence to the Licensing Objectives in all of your activities as an Affiliate.

You shall ensure that all marketing, advertising and promotions targeted at potential Customers in the United Kingdom or otherwise subject to regulation by the Gambling Commission shall include the wording set out at 1 to 4 below:

  1.  “www.begambleaware.org”;
  2.  “18 + only”;
  3.  “Company is Nektan (Gibraltar) ltd and Gambling Commission Licence no. is 39107”; and
  4.  “Terms and Conditions apply”

You also have an obligation to ensure that all marketing activity is undertaken in accordance with all Applicable Laws, including (but not limited to) the Data Protection Act 1998 and 2003 (as amended and replaced by the General Data Protection Regulations, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the United Kingdom Gambling Commission’s Licence Conditions and Codes of Practice (2017) and all subsequent amendments and replacements, and UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) as outlined by the Advertising Standards Authority (ASA), and all subsequent amendments and replacements.

Should your participation in the Affiliate Programme (or any activity undertaken by you (or any third party) be deemed to be in contravention of any requirements of any legal or regulatory body, you warrant that, and you shall procure that any third party shall warrant that, the participation and/or the activity will cease immediately upon notification that such participation and/or activity is in contravention of any such legal and/or regulatory requirements and that you shall, and shall procure that any third party shall, act in compliance with any and all investigative and/or rectification requirements of that legal or regulatory body.

 

5. License to Use Marks

Scorching Slots hereby grants you a non-exclusive, non-transferable license, during the term of this agreement, to use the Scorching Slots intellectual property marks provided by Scorching Slots solely in connection with the promotion of Scorching Slots Casino. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to, and arises only out of, this license to use Scorching Slots material. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. Further, you agree to keep information about Scorching Slots current on your site.


If, in our reasonable opinion, we determine that your use of Scorching Slots intellectual property mark is in any way detrimental to us or our reputation and goodwill, or that you have altered or modified the content in any way without our prior written consent, we shall be entitled to terminate these Terms immediately on written notice to you, and without liability to you.

 

6. Restrictions for PPC Campaigns

You as an Affiliate may not bid on or use the trademark “Scorching Slots”, “Scorching Slots Casino”, “Scorchingslots Mobile” “scorchingslots.co.uk” and “scorchingslots.com” for paid search on Search Engines, Directories or any other kind of online database. Affiliates are not allowed to promote and drive traffic to affiliate websites using Scorching Slots Casino on Pay-Per-Click (PPC) engines, adverts titles, copy and URLs whether by including the brand names in the keywords, its variations, any games or products associated with the brands, the logos, related brands, including but not limited to any other names deceptively similar to the aforementioned. Any use by the affiliate of the trademark “Scorching Slots” or the Company’s associated companies’ trademarks including but not limited to Scorching Slots or confusingly similar marks or copyright other than as authorised under this Agreement is expressly forbidden. Breach of this term and resulting actions will be at Scorching Slots discretion including the suspension of your affiliate account, the forfeit of payment of earned commissions, and subsequent termination of this Agreement.

Affiliates agree not to use domains or sub-domains containing our trademarks, including misspells and variations.



7. Confidential Information

During the term of this agreement, you may be entrusted with confidential information relating to the business, operations or underlying technology of Scorching Slots and/or the referral program. You agree to avoid any disclosure to third persons or outside parties or unauthorized use of the confidential information unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this agreement.

 

8. Fee Schedule and Payment

Modifications to the fee schedule are effective when made, notwithstanding failure to notify any person.

 

IF ANY CHANGE IN THE FEE SCHEDULE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING SCORCHING SLOTS IN WRITING. CONTINUED PARTICIPATION IN THIS PROGRAM FOLLOWING THE CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

New Affiliates, those registering after the date these Terms become effective, will automatically be paid on a Net Revenue share basis, If you would prefer to receive CPA Payments instead, then you should send an email to [email protected] stating on what basis you would like the CPA Payments to be calculated and such requests will be dealt with on a case-by-case.

If you receive a share of Net Revenue, then we shall pay you the published percentage (as detailed on the commission page of your Affiliate account) of Net Revenues received during the preceding calendar month during the Membership Period.

We shall use our reasonable endeavours to:

 

  1. a) arrange for Revenue Statements to be accessible through the ActiveWins Affiliate Website at “https://www.activewinsaffiliates.com” and
  2. b) update Revenue Statements on a daily basis.

 

In the event that a Revenue Share in any calendar month is a negative amount, we shall be entitled at our option to carry forward and set off such negative amount against future Revenue Shares otherwise payable to you to zero the negative balance that would otherwise be carried forward.

 

If your Revenue Share does not exceed Minimum Payment, we shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds the Minimum Payment, at which time payment shall be made in accordance these Terms for the full amount due to you. For the avoidance of doubt, you will only receive a payment when there is a positive balance and it is greater than the Minimum Payment in any given calendar month.

In an error is made in the calculation of the Revenue Share, we reserve the right to correct such error at any time and (as appropriate) to either

  1. a) increase the payment to you (where we have underpaid you); or
  2. b) reclaim from you any overpayment

    If, in our sole opinion, we suspect any Fraud Traffic has derived from your acts or omissions, we may withhold payment to you of monies due in accordance with these Terms while we investigate the relevant transactions. We are not obliged to pay you any monies during this period for any Customers who are in any way related to the suspected Fraud Traffic, and we reserve the right to recalculate payments made to you in light of any such Fraud Traffic. Where Fraud Traffic occurs as a result of your acts or omissions, it shall be considered a material breach of these Terms and we will be entitled to suspend or terminate your membership of the Affiliate Program immediately without notice or liability to you.


Referral fees will be based upon our good faith calculation based on the referred player statistics available to Scorching Slots Affiliate program. Scorching Slots is not responsible for any fees not properly credited to you that Scorching Slots is unaware of due to computer error or other reasons. Activity reports will generally be available online by accessing the affiliate reporting site at http://www.activewins.com/our-brands/scorching-slots/. Scorching Slots will make reasonable efforts to have this link available at all times, however there may be instances when it is unavailable during technology maintenance and updates.

 

If any error is made in the calculation of a payment, we reserve the right to correct such error at any time and either increase the payment to you (in the case of underpayment), or to reclaim from you any overpayment.

Once you become an affiliate, you will have access to all marketing material containing a unique affiliate code (“Affiliate ID”), which is how we identify traffic associated with the Links you post on the Partner Site.  When a potential customer links to Scorching Slots website, they receive a cookie on their computer with your code. This code will generally stay on their computer for 30 days unless removed (or remove). If the customer leaves the site and returns while the cookie is active they will be recognized as your referral. When they register at Scorching Slots during this time period, your customer’s account will be tagged with your code. Scorching Slots is not responsible for any problems or errors with the process of tagging an account with your code, and We shall not be liable to You in any way if We are unable to identify a Customer as originating from the Partner Site. We enforce a last click policy for all Partner Sites. However, we shall not be liable to you in any way if we are unable to identify a Customer as originating from the Partner Site.

 

You shall inform your Users, via a suitable privacy policy or other appropriate means, that tracking technology will be installed on the Users’ hard drive when a User clicks on the Links.



9. Anti-Predatory Advertising Policy

No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users online access, view or usage of, or other aspect of the web users online experience at any competing affiliates webpage (as defined below) in a manner that causes or otherwise results in a different experience from that which was otherwise intended by such affiliate.

No Affiliate will block, alter, direct or redirect, read, substitute, insert or append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to Scorching Slots to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of Scorching Slots with respect to any individual transaction.

Affiliates will be removed from the Scorching Slots Affiliate Program and will forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.  

 

10. Violation of this Agreement 

If we discover that your use of any Links is not in compliance with these Terms, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate or suspend your membership of our Affiliate Programme.

You agree that you are not entitled to any share of Net Revenue or any CPA Payments, or any other remuneration from us, in relation to any Direct Relatives and/or persons connected to you or your Direct Relative registering or betting with us.

 

You agree not to:

 

  • abuse the Affiliate Programme in any way, for example by setting-off losses from personal bets against Net Revenue and/or CPA Payments;

 

  • use the Affiliate Programme in a manner which is disingenuous, in bad faith and/or not in the spirit of the Affiliate Programme;

 

  • directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or other benefit) for using the Links on the Partner Site to access the Scorching Slots Site (e.g. by implementing any “rewards” programme for persons or entities who use the Links on the Partner Site to access the Scorching Slots Site);
  • read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
  • in any way modify, redirect, suppress, substitute or deconstruct the operation of any button, link, or other interactive feature of the Scorching Slots Site;
  • engage in transactions of any kind on the Scorching Slots Site 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 user of the Partner Site confusion as to our relationship with you, or any site on which any functions or transactions are occurring;
  • post or serve any advertisements or promotional content promoting the Scorching Slots Site; other than providing the Links on the Partner Site in accordance with these.
  • post or serve any advertisements or promotional content promoting the Scorching Slots Site or otherwise around or in conjunction with the display of the Scorching Slots Site (e.g. through any “framing” technique or technology or pop-up windows or pop-under windows), or assist, authorise or encourage any third party to take any such action;
  • attempt to artificially increase monies payable to you by us;
  • cause the Scorching Slots Site (or any page thereof) to open in a visitor’s browser other than as a result of the visitor clicking on Links on the Partner Site;
  • attempt to market or promote the Scorching Slots Site within Restricted Territories. Restricted Territories refer to any location or jurisdiction in which applying for or opening a gambling account and/or using Our Services is unlawful or contrary to any Applicable Laws. These territories include, but are not limited to, the United States of America and its territories, France and its territories, Spain, Denmark, Hungary, Iran, Israel, Portugal, Romania, Turkey, Ukraine, and all other jurisdictions in which We do not operate. This includes any locations or jurisdictions which may become a Restricted Territory due to a change in Applicable Laws after the last updated date of these Terms.
  • attempt to disguise the geographical location of any Customers;
  • promote any customer offers and promotions that are not featured or made available as part of the Affiliate Programme, without our prior written consent; and
  • attempt to communicate to our customers, whether directly or indirectly, with a view to encouraging them to move to websites not owned by us.

If we, in our reasonable opinion, suspect that you (directly or indirectly) are in breach of the above, we reserve our rights to immediately suspend or terminate your membership of our Affiliate Programme (without limiting any other rights or remedies available to us) without any liability to you and we may withhold any monies otherwise payable to you under these Terms. In the event of termination, any and all sums owed by you to us (if applicable) will become immediately due and payable.

We have the right, but not obligation, to monitor the Partner Site to ensure you are complying with these Terms and you shall provide us with all data and information to enable us to perform such monitoring at no charge. Any infringement identified must be resolved within seven working days from the point of You being informed by Us.

If you contact any of your users to promote the Scorching Slots Site or the Links, you shall make clear in the body of any such communication that such communication is made without our knowledge or involvement and that any complaint that the relevant user may wish to make should be addressed to you and not ourselves. You shall not undertake any such form of communication without our prior written consent.

 

11. Term and Termination

The term of this agreement will begin when you submit the sign-up page and will be continuous unless and until either party notifies the other in writing that it wished to terminate the agreement. Termination may be accomplished by either you or Scorching Slots for any reason or not reason at any time by providing notice to the other party. For purposes of notification, delivery via email is considered a written and immediate form of notification.

Either of us (“Non-Defaulting Party”) may bring the Membership Period to an end with immediate effect by written notice to the other party (“Defaulting Party”) if;

  • the Defaulting Party commits a breach of its material obligations under these Terms and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice of such breach from the other;
  • the Defaulting Party repeatedly breaches any of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the Terms.
  • the Defaulting Party suspends, or threatens to suspend, payment of its debts or is unable to pay its as they fall due or admits inability to pay its debts.
  • any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to the events mentioned above.
  • the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing their own affairs or becomes a patient under any mental health legislation.

Either party may terminate your membership of the Affiliate Programme on delivery of 30 days prior written notice to the other party.

If termination is by Scorching Slots and is not caused by violation of this agreement, you will be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination and as subject to modification described above.

If termination is initiated by you or is by Scorching Slots as a result of a violation of this agreement, you will not be entitled to unpaid referral fees, if any, earned by you on or prior to the date of termination. Nor will you be entitled to referral fees with respect to play occurring after the termination date.

You must remove all Scorching Slots banners/icons from your site and disable the link from your site to Scorching Slots upon termination of this agreement for any reason.

All rights and licenses given to you in this agreement shall immediately terminate upon termination of this agreement for any reason.

Upon termination of this agreement for any reason, Scorching Slots may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Upon termination of this agreement for any reason, you will return to Scorching Slots any confidential 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 designation of Scorching Slots.

Before or after termination of this agreement, Scorching Slots reserves the right to modify this agreement or the fee schedule as described above, with such modification effective immediately.

 

12. Consequences of Suspension and Termination 

If termination is not caused by a violation of these terms, then upon termination of your membership of the Affiliate Programme and subject to any deductions or adjustment made in accordance with these Terms, we shall pay you your next Revenue Share amount as normal. Any Revenue arising and payable to you after termination will be paid to the account or address notified to us for payment purposes. For the avoidance of doubt, the payment of any Revenue after termination will be payable monthly, and will not be subject to any Minimum Payment amount.

If you do not notify us of any change to your account details or change to your address, then you acknowledge that we will not be able to make payment to you and we will therefore hold the money on your behalf for a period of six (6) years from your ceasing to be an Affiliate and will pay any such monies owing to you if you contact us with updated payment and address details together with any further documentation that we reasonably require to confirm your identity. This is not a banking facility and we reserve the right to charge a monthly administrative fee totalling the greater of 5% of the remaining balance or £5. We do not pay interest on any outstanding balance.

After the Membership Period and without prejudice to any obligations or rights which have accrued to either of us at that time, neither of us shall have any further obligations or rights under these Terms other than in respect of sections the survival of which is necessary for the interpretation or enforcement of these Terms, which shall continue to have effect after you cease to be an Affiliate.

 

13. Relationship of Parties


Both you and Scorching Slots are independent contractors and nothing in this agreement will create any partnership, joint venture, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers, warranties, or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts anything in this paragraph.



14. Indemnity

You shall defend, indemnify, and hold Scorching Slots, its directors, officers, employees, agents and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or 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 link or this referral program.

 

15. Disclaimers

Scorching Slots makes no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, Scorching Slots makes no representation that the operation of our site will be uninterrupted or error-free, and Scorching Slots will not be liable for the consequences of any interruption errors.

 

16. Operating Agreement and Disclosure
Limitations of Liability

SCORCHING SLOTS 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 REFERRAL PROGRAM, EVEN IF SCORCHING SLOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SCORCHING SLOTS AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

 

We shall not be liable, in contract, tort (including without limitation negligence) or in any other way for breach of statutory duty or in any other way for a loss (whether direct or indirect) of revenues, profits, contracts, business, business opportunities, anticipated savings or wasted expenditure.

We shall not be liable, in contract, tort (including without limitation negligence) or in any other way for any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of these Terms, or any other matter under these Terms.

We shall not be liable, in contract, tort (including without limitation negligence) or in any other way for any loss or corruption (whether direct or indirect) of data or information.

Our liability to you shall not, in any event, exceed the sum of the total monies paid by us to you over the 12-month period preceding the date on which such liability accrued.

 

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 shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

Scorching Slots may in its sole discretion, with or without notice, use any available means to block or restrict certain players, sign ups, deposits or play patterns so as to reduce the number of fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. Scorching Slots does not guarantee or warrant the success of such fraud prevention efforts.

 

17. Governing Law

This agreement will be governed by the laws of the United Kingdom, without reference to rules governing choice of law. Any action relating to this agreement must be brought in the United Kingdom and you irrevocably consent to the jurisdiction of its courts.

 

YOU AGREE TO BRING ANY ACTION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT IN THE UNITED KINGDOM AND IN NO OTHER JURISDICTION. Each party irrevocably submits to the exclusive jurisdiction of the English courts over any claim, dispute, or matter arising under or in connection with these Terms or its enforceability.

 

In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.



18. 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 and enforceable against you and Scorching Slots. Any purported assignment, sub-licensing, or sub-contracting in breach of this section shall confer no rights on the purported assignee and shall entitle us, at our discretion, to terminate these Terms immediately on written notice to you, and with no liability to you.



19. 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, or DELETIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY SCORCHING SLOTS.

 

None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.



20. Remedies

Our rights and remedies shall not 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 responsibilities 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.



21. 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 other provision. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

 

22. Operating Agreement and Disclosure

You understand that gambling laws may vary from city to city, state to state and country to country.

YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO SCORCHING SLOTS THAT YOU MAY PARTICIPATE IN ITS AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.

By submitting your request to become an affiliate, you acknowledge that you have read this agreement and have independently evaluated the desirability of participating in this program and are not relying on any representation, guarantee, or statement other that what is set forth in this agreement, and that you agree to all its terms and conditions.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE LIABILITY LIMITATIONS AND DISCLAIMERS IN CAPITALIZED LETTERS ABOVE.

 

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