AFFILIATE PROGRAM TERMS AND CONDITIONS

This agreement aims to regulate the contracts stipulated between MYLINK SRLS, with registered office in Pizza JF Kennedy, Snc, Avezzano, 67051, AQ, Abruzzo, Italy and the Affiliates, whose personal and fiscal data are indicated in the request of affiliation.

Premise

MYLINK SRLS uses an online commercial affiliation platform (Affiliation Platform: website on which there is a public area and a private area accessible through access credentials made available to the Affiliate), available at the address https:// af.uppromote.com/mylinkapp/register

By filling out the affiliation request at the address indicated and clicking on "JOIN THE TEAM" in the relevant "affiliation request" form, the applicant declares to have read and accepted all the terms and conditions contained in the contract in question. If the Terms and Conditions of this contract are not accepted, MYLINK SRLS will not be able to follow up on the request.

It is forbidden for minors under the age of 18 to join and be affiliated with any advertising campaign.

ART.1) PURPOSE

This Agreement regulates the terms and conditions relating to the promotions, by the Affiliate, of the Company's Collection Channels, an activity for which the Affiliate will be paid a commission based on the traffic generated towards the Collection Channels, in compliance with the terms and conditions of this Agreement.

ART.2) ACCEPTANCE OF THE AFFILIATE

The myLink Company ( MYLINK SRL S. ) reserves the right to evaluate the Affiliate Request Form filled in by the Affiliate and will inform the latter of the acceptance or otherwise of the Affiliate request. The Company reserves the unquestionable right to refuse the request for any reason, without any justification.

The Affiliate guarantees to:

1. a) be of an age which allows him, according to the terms of the law, to validly stipulate a Contract;
2. b) have suitable skills and be qualified to enter into binding Affiliation Agreements
3. c) comply with all regulations, laws and rules applicable to the promotional activity. Furthermore, the Affiliate declares to fully understand and accept the terms and conditions of this Agreement.

ART.3) DUTIES AND RESPONSIBILITIES OF THE COMPANY

The myLink Company shall provide the Affiliate with all the information necessary for the correct implementation of the Tracking Link and/or AffiliateID for Client registration. The Company shall: a) administer the revenue generated through the Link and/or the AffiliateID, record the net revenue, record the total amount of commissions earned through the Link and/or the AffiliateID; make commission reports and statistics available to the Affiliate and manage all services related to the business.

The Company will make available to the Affiliate an access account to the personal area on the online Affiliate Platform, through which the Affiliate will be able to create and manage his own promotional link which will be used to recognize the registrations of new sales attributable to the Affiliate.

However, the Company shall in no way be liable to the Affiliate if it is not possible to identify a Customer as originating from the Affiliate's website and/or with the AffiliateID in the event of the Affiliate's failure to comply with the consent requirement to the traceability system (eg: cookies) or in the event that a Customer refuses to grant such consent, or in the event of failure by the Affiliate to comply with any applicable law in relation to the protection of personal data and security.

In this case, the Company will be exempt from any form of liability for any legal action taken by the Client, as well as reserving the unquestionable right not to pay commissions otherwise due and/or attempt to recover any commission already paid whose amount is related to failure to comply with these laws.

The Company undertakes to pay the Affiliate the amount corresponding to the commissions due based on the traffic and/or revenue generated, in compliance with the terms and conditions of this Agreement and calculated as indicated in the Affiliate Program.

The Company may refuse any Client of the Affiliate, terminate the account assigned to the Affiliate or any duplicate accounts assigned to the Affiliate and cancel any monies otherwise due for such accounts. Furthermore, the Company has the right to adopt any useful measure in order to comply with the Company's Policy to protect the interests of the latter.

The myLink Company undertakes to regularly inform, via newsletter, the members of the affiliate network about new campaigns launched, providing complete information on the terms and conditions of the same.

MYLINK SRLS in order to ensure maximum transparency in the management of commissions, will provide detailed information to affiliates. The commissions will be calculated based on statistics and reports in the availability of MYLINK SRLS and will be updated on a daily basis.

The company also works to ensure the smooth functioning of the platform. Therefore, in the event of a technical failure of the same, MYLINK SRLS will notify the problem to the affiliates as well as its resolution. However, if the malfunction of the platform is due to unpredictable causes of force majeure, which are independent of the will of the company, MYLINK SRLS will be exempt from any type of liability.

ART.4) OBLIGATIONS AND RESPONSIBILITIES OF THE AFFILIATE

The Affiliate guarantees to:

1. a) do their best to publicize, publicize and actively and effectively promote the most up-to-date version of the Links in order to maximize the benefits for the Parties and comply with the Company's guidelines from time to time communicated and/or accessible online;
2. b) provide the Company free of charge with all data, information and any accesses to allow monitoring of the Website and/or Affiliate Channels, in order to ensure that the Company can verify compliance with this Agreement;
3. c) find and direct potential Clients on the Company's website at their own expense.
4. d) use the Links provided and/or correctly create the Links and/or promotional codes; otherwise there can be no responsibility on the part of the Company for the correct registration of customers and consequent accounting of revenues. The Affiliate also undertakes not to alter or modify the Links and/or promotional material in any way without the prior written authorization of the Company;
5. e) carry out online marketing activities only with the following methods approved by the Company. In the event that banners are arbitrarily used on a site not authorized by MYLINK SRLS, the affiliate will be immediately suspended and this can lead, if the infringement is of a significant entity, to the termination of the contract. Any action not foreseen and described in the marketing campaign is subject to the prior authorization of the company. In particular, MYLINK SRLS prohibits the affiliate from promoting the advertiser's website by sending an e-mail, except in the case of prior authorization from MYLINK SRLS Where the sending of the e-mail should be authorized by company, the affiliate certifies that it occurred on an opt-in basis, in accordance with applicable law.
6. f) make any communication to potential Clients without the Company being aware or involved; in this case any complaints by the potential Customer must be addressed exclusively to the Affiliate and not to the Company; g) assume responsibility for the development, management and maintenance of its website as well as all the material published on this site and/or on the other Affiliate Channels.

The Affiliate undertakes to:

1. a) comply with all applicable laws, statutes, regulations and codes against bribery and corruption;
2. b) not to use forms of incentives to induce users to register with operators among those present on UpPromote;
3. c) not to use offline traffic, which is easily identifiable by MYLINK SRLS control and security means
4. d) not to engage in fraudulent behavior which leads to the abuse of the bonuses offered by the operators present on UpPromote;
5. e) comply with all national and international laws and regulations in force from time to time, referable and/or applicable to this Contract, relieving - as of now - the Company from any civil, criminal and administrative liability connected to the failure to comply with these rules .

The Affiliate undertakes not to:

1. a) carry out any defamatory, discriminatory, obscene, illegal or otherwise inappropriate act or publish content on its website and/or on the other Affiliate Channels, sexually explicit, pornographic, obscene material, referring to paedophilia or manifestly violent; b) actively targeting or otherwise proposing gambling services to any person under the age of 18, whether directly or indirectly;
2. b) generate traffic to the Collection Channels through illegal or fraudulent activities, by way of example but not limited to: sending spam, using incorrect meta tags, registering Clients, or attempting in any other way to artificially increase commissions to the detriment of the Company (a by way of example but not limited to, the affiliate cannot be the owner and/or manage multiple affiliate accounts at the same time);

In the event of fraud or evasion of the above provisions, the contract will be deemed automatically terminated, with no obligation to notify the affiliate in advance. Following the termination, MYLINK SRLS will not be required to pay any commission and may request the repetition of what was unlawfully received by the affiliate. The company reserves the right, in the event of significant violations, to take legal action against the affiliate who has made profits from the generation of illicit traffic as well as practices prohibited by this contract or fraudulent.

ART. 5) INTELLECTUAL PROPERTY

Affiliates who advertise one of the brand promotions on their websites will not have any intellectual property rights to the operator's promotional material, products or services. For the entire duration of the campaign, MYLINK SRLS gives the affiliates, and only for the specific campaign, the non-exclusive right to use the operator's brands and names for commercial purposes. No provision of this agreement constitutes a grant of license, assignment, enjoyment, transfer of intellectual property. Similar provisions also apply to the enjoyment and/or assignment of patents, trademarks, copyrights, databases.

ART. 6) COMMISSIONS AND PAYOUTS

The MYLINK SRLS company undertakes to pay the affiliates a commission calculated with one of the following methods:

1) CPA (fixed): the Click to Acquisition model allows for a fixed earning for each sale or action performed (CPA will also not be remunerated for users who play speculative games in order to trigger the CPA as a bet on the deposit made in a single solution on a single play and then never play again)

2) REVENUE SHARE: the revenue share payment model (sharing of earnings) allows to identify the commission through a percentage calculated on the income generated by the users referred by the affiliate on a promotional campaign; it is foreseen that there are AT LEAST 1 new monthly acquisition (meaning new depositing users), so that the due commissions are recognized.

3) HYBRID: a payment model that combines revenue share and CPA models

MYLINK SRLS traces each visit to the operator's site and on the basis of the information collected and the traffic generated, commissions will be calculated and paid to the affiliate.

The commission will be calculated by the fifteenth day of the month following the relevant calendar month, or by the first working day on the fifteenth. MYLINK SRLS will issue payment invoices within thirty days of issuing the monthly statement. Once the monthly statement has been made, the administration of MYLINK SRLS will send an e-mail to the affiliates containing detailed information on the billing of the fees paid.

If the balance due is less than the "minimum threshold" indicated in the Affiliate program, it will be carried over to the following month.

Nothing will be owed to the affiliate by the company from the day after a campaign is paused.

Nothing will be owed to the affiliate by the company for fees generated after the termination of this contract.

ART. 7) ENTRY INTO FORCE OF THE CONTRACT

• This Contract will enter into force on the day in which the Affiliate has "accepted" the terms and conditions contained in the registration form on the UpPromote platform, without a refusal by MYLINK SRLS.

ART. 8) MODIFICATION OF A WEBSITE

Any changes in the name of websites used by affiliates, as well as changes in hosting location, size, objectives, frequency of updates, or changes to marketing campaigns on different sites, will not affect UpPromote 's affiliate platform without prior authorization from MYLINK SRLS

ART.9) LIABILITY

The Company declines, towards the Affiliate, any contractual, civil or other liability (including liability for negligence), which has as a direct or indirect consequence, lost business, earnings or profits, corruption or destruction of data or any other indirect or consequential loss.

The Company disclaims any liability in the event of loss or damage suffered by the Affiliate due to acts of God, power failure, commercial or labor disputes, actions or failures of government or other authorities, obstacles or failures of telecommunications services or networks or any other act, omission, delay or failure caused by a third party or otherwise beyond its control.

ART.10) DURATION, WITHDRAWAL AND TERMINATION OF THE CONTRACT

This contract is valid from the day of its stipulation, with the acceptance of the Terms and Conditions. There is no final deadline for the same, since it can operate until one of the following causes of withdrawal or resolution occurs.

The parties may withdraw from the contract, where there is just cause, with at least fifteen days' notice to be communicated to the other party by registered letter with acknowledgment of receipt or by certified e-mail.

mylinkapp@pec.it

MYLINK SRLS reserves the right to unilaterally withdraw from the contract, with the exclusive obligation of prior notification to the affiliate but without having to provide any explanation about the reasons that lead to the termination of the contract. Commissions will be paid to the affiliate until the time of contractual termination. After this time, no indemnity or compensation claim can be made by the affiliates.

The Parties agree that upon termination of this Agreement: a) the Affiliate will have to remove all references to the Website and to the Company's Collection Channels, from its websites and from its communications, whether of a commercial or other nature; b) all rights and licenses granted to the Affiliate under this Agreement will immediately terminate and all rights will revert to their respective licensors, and the Affiliate shall cease using any trademarks, service marks, logos and other distinctive sign belonging to the Company; c) the Affiliate will only be entitled to the commissions accrued and unpaid on the date of termination of the Agreement.

The Affiliate must return, at the first and simple request by the Company, all confidential information (as well as copies and derivatives thereof) in his possession and of which he has custody or control; the Affiliate shall release the Company from all obligations and liabilities deriving from or arising after the termination date. Termination will not relieve the Affiliate of liability arising from any breach of this Agreement that may have occurred prior to termination.

ART.11) INTERPRETATION OF THE CONTRACT

Whenever possible, each of the provisions of this Agreement shall be interpreted in such a way as to be valid and effective under applicable law. If any provision of this Agreement is determined to be invalid, illegal or unenforceable for any reason, then such provision will be ineffective only to the extent required by such invalidity or invalidity, without invalidating the remainder of this Agreement.

ART.12) TREATMENT OF PERSONAL DATA

For the sole purpose of executing and completing the obligations under this Agreement, the Parties authorize - extending this authorization to their own personnel in charge of administrative and operational management who will have to process the data - the acquisition and processing of their respective personal data, without prejudice to it being understood that the same must in no case be disclosed or communicated to third parties, and must in any case be managed in full compliance with the Privacy Law and any other applicable legislation. The Parties act as independent controllers of the processing of personal data relating to their respective activities pursuant to and for the purposes of the Privacy Law. The Parties undertake to exchange, in compliance with the provisions of the Privacy Law, all the data necessary for the execution of this Agreement. The Parties are required to observe and ensure that the Privacy Law is observed, as far as they are concerned, or in any case any additional measures that may be required by the same legislation on the subject, without any additional burden on the part of the other party. The Parties declare that they are aware of the security measures provided for by the Privacy Law and, in the execution of this Agreement, will make use of qualified and absolutely trusted personnel, guaranteeing the confidentiality and security of data, information and archives in compliance security measures to minimize the risk of destruction or loss, even accidental, of personal data, unauthorized access or treatment that is not permitted or does not comply with the purposes of collection. Each party assumes any and all responsibility deriving from violations of the provisions contained in the Privacy Law and in this article even if committed by managers, appointees, its employees or collaborators in general which it uses in the execution of this contract.

In particular, for the management of personal data and cookies, MYLINK SRLS refers to what is contained in the following link https://shop.mylinkapp.co/policies/privacy-policy and acts in full compliance with the provisions of the new EU Regulation no. 679 of 05.04.2016, called the "General Data Protection Regulation" (GDPR) which came into force on 25 May 2018.

ART.13) CONTRACTUAL CHANGES

The Company MYLINK SRLS reserves the unquestionable right to make changes, variations, cancellations or additions to any provision of this Agreement at any time, at its sole discretion, giving notice to the Affiliate, in compliance with the terms and conditions of this Agreement.

ART.14) APPLICABLE LAW AND JURISDICTION

Any dispute that may arise, relating to the interpretation, stipulation, execution and termination of this Agreement, will be resolved through an amicable settlement of the parties. If after 30 days from the corresponding request of one of the parties by registered letter with return receipt it has not been possible to reach an agreement satisfactory for both parties, the only competent court will be that of Avezzano.

TERMS AND CONDITIONS ADDENDUM

Guidelines for affiliates in Italy

• absolutely avoid inserting invitations to play or bet; however, the use of "imperative" tones which are, therefore, to be avoided does not appear to be in line with the Guidelines); but only provide information and/or compare odds and bonuses from different operators, using informative, descriptive and/or comparative language.
• Therefore all messages like ("Open an account", "Deposit", "Hurry", “Sign up”, “Register Now”, “Bet Now”, “Play NOW”, “Open an Account”, “Get Your Bonus ” “Take the Bonus”) must be replaced by informative language (for example: "Find out more" - "Visit the site" - "More information" - "Info Offer" - "Check" - "Info Here" )
• remove all the banners present on your site or in any case on your channels
• only use informative and/or comparative materials present in the UpPromote panel
• in reviews, information or any other means by which you provide an odds and bonus comparison service, we invite you to always show the logos of the Customs and Monopolies Agency, the +18 logo
• do not use reviews that have not been approved in advance.
• avoid any type of email/sms marketing campaign
• make sure you have a user verification or control system that ascertains the age of majority
• if you host odds comparison information services , it appears necessary to add a disclaimer such as: "This site compares [in real time] the odds of the Bookmakers selected by us, in possession of a regular license to operate in Italy issued by the Customs and Monopoly. The service, as indicated by the Communications Regulatory Authority in point 5.6 of its Guidelines (attached to resolution 132/19/CONS), is carried out in compliance with the principle of continence, non-deception and transparency and therefore does not constitute a form of advertising”; it will also be necessary to avoid using emphatic tones to highlight a share that is significantly higher than the others compared;
• in case you host bonus comparison information services : it seems necessary to add a disclaimer such as: "This site compares [in real time] the bonuses offered by the Bookmakers selected by us, in possession of a regular license to operate in Italy issued by the Customs Agency and Monopolies. The service, as indicated by the Communications Regulatory Authority in point 5.6 of its Guidelines (attached to resolution 132/19/CONS), is carried out in compliance with the principle of continence, non-deception and transparency and therefore does not constitute a form of advertising”; it will also be necessary to avoid using emphatic tones to highlight a bonus which is significantly higher than the others compared, but it will be possible to describe its characteristics (without, however, this constituting an invitation, even indirect one, to play) and also the comparison must contain the complete description of the offer (for example if the Bonus is a 100% Refund of the first losing game up to €50, it will be necessary to write the description in full and not simplify with the €50 Bonus)
• in the case of predictions (for example for Tipsters) , it appears necessary to insert a disclaimer such as: “We provide daily predictions, suggestions and previews on the main sports competitions. Thanks to our advice we help you choose among the offers of bookmakers in possession of a regular license to operate in Italy issued by the Customs and Monopolies Agency"
• in the case of predictions (for example for Tipsters) , the affiliate is required to always show at least 2 AAMS certified legal operators, in order to guarantee an honest and impartial comparison. Therefore, it is permissible to compare the betslips of at least 2 legal operators if you want to use our campaigns.
• in the case of predictions but also in any other situation (for example for Tipsters) , the affiliate is required to avoid, in addition to what has already been indicated, also phrases such as "no risk", "urgent", "now", "get rich" , "big wins", "you always win" and in general to avoid phrases, expressions and any other attitude that could make the user believe that winning is a certain and safe easy thing and for this reason it is necessary to avoid showing staked amounts as well as the WINNINGS or POTENTIAL WINNINGNINGS deriving from predictions in such a way as to avoid any situation that could be configured as incitement or incitement to gambling, if you want to use our campaigns.

In case of violation of the obligations established by the terms and conditions or negligence in the execution of the activities in accordance with the Italian Guidelines or failure to comply with the obligations established, MYLINK SRLS reserves the right to take the following actions:

If you have any questions about these Terms and Conditions you can contact us at the following email address:

contact@mylinkapp.co