Terms & Conditions

BEFORE REGISTERING ON THE WEBSITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE WEBSITE YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES PROVIDED BY US.

These Bona Fides Terms and Conditions (the "Agreement") is a legal agreement between Bona Fides and Publisher and/or Advertiser. This Agreement includes and incorporates the terms and conditions set out below ("Terms and Conditions") together with the IO (as defined below) agreed between Us and You.

Please closely read the following Terms and Conditions which will govern Your registration and participation in Bona Fides Affiliate Program (the "Affiliate Program" or "Us", or “Bona Fides”).

These Terms and Conditions set forth the important terms that You will need to know about the Services and participation in the Affiliate Program. These Terms and Conditions are binding and must be followed by each Publisher and Advertiser using the Website and Services.

The Terms and Conditions are accepted by the Publisher when the Publisher and/or Advertiser has completed the registration process and opened an account on the Affiliate Program Website. By opening an account on Affiliate Program Website Publisher and/or Advertiser confirms that it has accepted and understood the Terms and Conditions as well as Privacy Policy provided on the Website and all applicable laws.

Please note that our Terms and Conditions may be changed at any time. Any changes become effective when posted at the official website of the Affiliate Program https://bonafides.team/en/conditions (the "Website") immediately after the publishing. Bona Fides may change the Terms and Conditions and add to, change, suspend or discontinue any aspect of the Bona Fides Affiliate Program at any time, including by removing or adding any Brand Website to the Bona Fides Affiliate Program. It is solely the responsibility of the Publisher and Advertiser to check the Terms and Conditions for changes regularly.

The continued use of the Bona Fides Affiliate Program following any change in these Terms and Conditions will constitute binding acceptance of such changes. If the Publisher and/or Advertiser (both could be referred to as "Affiliate") does not agree to any such changes, either party may terminate the Agreement pursuant to clause 20 as appropriate.

If a person is entering into this Agreement on behalf of a business entity, by doing so, he/she represents that he/she has the legal capacity and authority to bind such a business entity to this Agreement.

By accepting this Agreement, Publisher and/or Advertiser agrees that Bona Fides's Privacy Policy, as it exists at any relevant time, shall be applicable to Publisher and/or Advertiser.

This Agreement starts upon Bona Fides approves Publisher's application for the participation in the Affiliate Program and confirms Publisher's Account by sending a confirmation email to Publisher:

This Agreement also starts upon Bona Fides approves Advertiser’s application on cooperation and confirms Advertiser's Account by sending a confirmation email to Publisher. After sending the confirmation letter the Parties shall sign a relevant agreement about cooperation.

Definitions

"Agreement" means these Bona Fides Terms and Conditions and respective IO (as defined below) signed between Bona Fides and the Advertiser and/or the Affiliate.

“Insertion Order (IO)” means the respective contract between Bona Fides and Advertiser and/or the Publisher that is an inseparable part of the Agreement. The IO shall include the details of the Offer, Remuneration Model, Promotional Content and Marketing Channel, financial details and other necessary information.

"Publisher" means an individual or a business entity, approved by Bona Fides as a participant of the Bona Fides Affiliate Program, who is working in the sphere of online promotion and whose identity information is specified in the Publisher Account with Bona Fides. The main responsibility of the Affiliate is promotion of Bona Fide’s Brand(-s) and Brands of the Advertisers, its products and/or Services and\or placing of an Offer(s) on its Medias.

"Affiliate Program" means Bona Fides's proprietary web-based advertising platform, accessible at https://bonafides.team/ or at any other website or mobile application provided by Bona Fides.

“Publisher Account” means the personal account resulting from an Affiliate’s registration on the Website, containing personal/corporate data including data with regard to the use of Services via the Website.

“Applicant” means the person or legal entity that wishes to participate in an Affiliate Program as an Publisher or Advertiser.

“Authorized Person” means an individual or entity that is granted the legal authority to act on behalf of another person or legal entity. This authority may be granted through a legal document such as a power of attorney, a contract, a Charter or by law.

"Media" means (i) websites, social media groups, accounts or channels owned, controlled or operated by the Publisher; and/or (ii) email campaigns, social networks campaigns, search engine advertising campaigns or other campaigns run by Affiliate in compliance with this Agreement.

“Promotional Content” means all content promoting the Brand Websites that is:

• (i) made available to the Publisher (and not subsequently withdrawn) by or on behalf of Bona Fides; and
• (ii) created by or on behalf of the Publisher, provided such content is approved by Bona Fides in writing in advance.

“Marketing Channel” means each of the channels by which Affiliate distributes or makes available Promotional Content to end users from time to time (including via website publication (including on the Affiliate Website), email, mobile applications, SMS, push notification, social media and/or any other media (online or offline)), provided that in respect of email, SMS, push notification and social media: (i) the relevant channel has been approved by Bona Fides in writing in advance; and (ii) each use of each relevant channel by that Affiliate has been reviewed and approved in writing by Bona Fides in advance.

“Website” means the official website of Bona Fides or its Brand(-s) and Brands of the Advertisers, including any device-specific versions of such Website and any native applications related to such Publisher. The official website of Bona Fides is https://bonafides.team/en/, the official websites of Bona Fides Brands and Advertisers Brands may be found on its official website.

“Services” means the marketing and promotion of the Brands using the Promotional Content via the Marketing Channel in accordance with this Agreement and otherwise with this Agreement and otherwise the fulfillment of the Affiliate’s obligations hereunder.

“Brand” means each of the iGaming products operated by or on behalf of Bona Fides and/or the Advertiser (including those not yet launched but those in production.

"Tracking URL" means a unique URL which directs Leads and New Customers to the Bona Fides's destination and/or to its Advertisers and serves to attribute a particular Lead or New Customer to Bona Fides and/or Advertiser according to this Agreement.

"Creatives" means graphic and textual materials and/or other creative materials promoting Bona Fides and/or Advertiser, their Brand(s), products and/or their Services, which Publisher may display on Media.

"Advertiser" means an entity who has entered into an advertising agreement with Bona Fides with the purpose to promote its certain Brand(s), products and/or services and\or who has placed an Offer(s) on the Bona Fides Affiliate Program.

"Offer" means terms and conditions set out by Bona Fides and/or Advertiser for each advertising campaign, which are binding on Publisher for as long as Publisher distributes the Ads in Promotional Content of such campaign(s).

"Ad", "Ads" means a banner, text, post or any other type of online advertisement that includes Creatives, contains a link to the Bona Fides’s and/or Advertiser's landing page, official pages of Brands or other destinations, including Tracking URL, and is placed and displayed by Publisher on its Media.

"Lead" means a potential Customer introduced by Publisher to Bona Fides or it’s Advertiser who has performed certain actions (e.g. filled-out a form or an opt-in email address, deposited etc.) specified in the relevant Offer and who is seeking to legitimately use advertised products or Services. The required actions of the Customers will be agreed with each Affiliate separately and will be based on the Offer and Remuneration Model.

"New Customer" means an individual, an internet user without a prior or existing account with Bona Fides of its Advertiser, who (i) is permitted under applicable law to use the Services offered by Bona Fides and/or its Advertiser, (ii) during the term of the applicable Offer accesses Bona Fides and its Advertisers Websites, Websites of the Brands or other destinations specified in the applicable Offer after being directed through Publisher's Tracking URL from Publisher's Media, (iii) completes the applicable registration process, (iv) agrees and accepts Bona Fides's Terms and conditions and/or other agreements, (v) opens a new user account with Bona Fides (after such user's identity and age have been verified, and such user has been accepted as a Customer by Bona Fides), (vi) makes the required minimum deposit in such account and/or performs other actions set out in the applicable Offer, and (vii) such account and/or payment has not been canceled, terminated, refunded or charged back; provided other applicable terms, conditions and requirements of this Agreement and the relevant Offer have been met.

"Remuneration Model" means a specific Remuneration payment mechanism (CPA, CPL, Revenue Share or their combination) as stated in the Offer and Publisher's Account in regard to each Offer accepted by Publisher.

"CPA" means cost per acquisition of New Customer.

"CPL" means cost per Lead, a pricing method when Publisher is paid a one-time fixed fee per Lead.

"Revenue Share" means a Remuneration Model when Bona Fides pays the Publisher a share of NET revenue earned and actually received by Bona Fides and/or its Advertisers resulting from a New Customer, subject to all requirements, restrictions and provisions of this Agreement and the relevant Offer.

How a Revenue Share is calculated:
PARTNER INCOME = ((100% - ROYALTY) * (BET - WIN - PROMO) - (DEPOSITS + PAYOUTS) * 7.5%) * AFF %
Deposits – sum of deposits a Customer has made;
Payouts – sum of withdrawals a Customer has made;
7.5% – Transaction fee;
AFF% – Rate of commission applicable.

"Hybrid" means a Remuneration Model that combines features of CPA and Revenue Share pricing methods.

"Brand promotion services" means services by promoting Advertisers Offers to Publishers in Publisher`s personal account on https://bonafides.team/ and\or other resources on Affiliate Program, which can be rendered by Bona Fides to Advertiser.

"Marks" means trademarks, service marks, brand names and other designations of Bona Fides an/or Advertiser or of its products, goods or services.

“Intellectual Property Rights” means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trademarks, trade dress, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URLs, trade names, or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.

“Login Details” means the username and password that a Publisher and Advertiser uses to access their account. These details are created during the registration process and are used to securely log in to the affiliate dashboard where they can view their earnings, track their referrals, and manage their account settings.

“Data Protection Legislation” means the Data Protection Act 2018, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 in each case, as amended, revised or replaced from time to time (in particular, by operation of the Directive 2009/136/EC, and the General Data Protection Regulation (EU) 2016/679 ("GDPR")) and all applicable national implementing legislation and guidelines, or any applicable analogous legislation in any jurisdiction, in each case, as amended, revised or replaced from time to time.

“Prohibited Material” means:

• (i) pornography and explicit content;
• (ii) any material promoting sex, abuse, violence, discrimination based on sex, religion, nationality, age, illegal activities, disability and etc.;
• (iii) unlawful materials;
• (iv) viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
• (v) content that infringes or allegedly infringes the Intellectual Property Rights of Bona Fides and/or any affiliated companies, its licensors or any third party;
• (vi) content that does not comply with the local laws and regulations.

"Referring Publisher" means a Publisher who may refer prospective Publishers to Bona Fides pursuant to the terms of Section 7 and 11 of the Agreement and has been approved by Bona Fides as such at Bona Fides's sole discretion.

"Referred Publisher" means a person without a prior or existing account with Bona Fides, who (i) has completed the applicable registration process, (ii) has agreed and accepted this Agreement, (iii) is accepted by Bona Fides as a Publisher, (iv) has been in compliance with this Agreement and/or applicable laws and (v) has an existing Agreement with Bona Fides.

"Fraud" means, by way of example, (i) actions that result in duplicate Leads or New Customers, (ii) encouragement of bonus abuse on the part of a New Customer, (iii) actions that involve or lead to, or use of fraudulent information, expired authorizations, non-sufficient funds, bank processing errors, duplicate billing, identity theft or card fraud, (iv) chargeback or refund executed by a New Customer in relation to their initial deposit, (v) collusion on the part of a New Customer with any third party on the Bona Fides’ and/or Advertiser's Website, Websites of their Brands or other destination, (vi) opening of an account with Bona Fides in breach of the terms of this Agreement, the applicable Offer and/or of the agreements with Bona Fides and/or its Advertisers, (vii) offering or providing by Publisher or any third party of any incentives, including without limitation when a Leads or New Customer is promised or offered any form of compensation or rakeback for visiting Bona Fides and/or its Advertisers destinations, using Bona Fides's and/or Advertisers’s products or Services, performing actions, becoming a registered customer, etc., (viii) creating or using a single link intended to be used by a single customer; (ix) generation of Leads by use of automated crawlers, robots, scripts, automated redirects, spiders, software, scrapers, frames, iframes, scripts, "refreshing" of pages or other mechanical, artificial or fraudulent means, (x) use of deceptive methods to encourage a person to click on the Ad and/or to perform actions, (xi) conducting advertising campaigns whose terms are obtained as a result of a Publisher's collusion with Bona Fides team member collusion means an informal agreement on the provision of preferences on the financial aspects of advertising campaigns in exchange for a fee, service or assistance, a gift and/or any other tangible or intangible benefit from Publisher to the manager responsible for providing financial conditions for advertising campaigns and (xii) any other act by Publisher, Lead or New Customer which is reasonably understood to have been committed in bad faith against Bona Fides and/or Advertiser regardless of whether or not such action has resulted in any type of harm or damage to them.

Enrollment in Advertising Program and Publisher's Account

In order to become Publisher and to participate in the Affiliate Program a person/legal entity shall submit an application and to register for an Publisher Account with Bona Fides ("Applicant").

An individual may apply only if he/she is 18 years of age or over (or such other higher minimum legal age in Publisher's country or in a country of the Bona Fides, and/or its Advertiser) and it is legal for him/her to do so according to the laws that apply in his/her country. Bona Fides may on conduct KYC checks of Applicants before acceptance of their participation in Bona Fides Affiliate Program to verify the Publisher’s age, identity, location and contact details, and to confirm that the Publisher and/or its affiliated persons is not a politically exposed person or listed or otherwise affected by any sanctions lists such as the Financial Action Task Force’s list of high-risk and other monitored jurisdictions.

By registering in Bona Fides Affiliate Program the Applicant agrees that Bona Fides is entitled to perform KYC checks on the Publisher on its sole discretion at any time throughout the Term, including to re-verify the Publisher’s details or to perform enhanced KYC as required by Applicable Laws. The Publisher shall cooperate with Bona Fides’ KYC requests promptly in order to be accepted into and remain in the Bona Fides Affiliate Program.

Applicant can open an Publisher Account with Bona Fides by entering its valid email address and name, surname and choosing a password (collectively - "Login Details"), and other information such as Applicant's:

• i. first and last name or company name,
• ii. Skype/other messengers ID and/or phone number,
• iii. information about Publisher's Media (e.g. valid domain name of the website Publisher owns or operates),
• iv. payment details,
• v. any other information requested by Bona Fides in order to complete the application review or pass KYC check.

The Applicant who is acting as a legal person shall provide Bona Fides with the following information:

• i. company name,
• ii. registered number,
• iii. registered address,
• iv. information about Publisher's Media (e.g. valid domain name of the website Publisher owns or operates),
• v. name of the Authorized Person who is acting on behalf of legal entity.
• vi. any other information requested by Bona Fides in order to complete the application review.

After Bona Fides reviews Applicant's application, Bona Fides will notify Applicant of its acceptance or rejection to the Affiliate Program. Bona Fides may accept or reject application at its sole discretion for any reason especially when Bona Fides suspends the Publisher in using Prohibited Material. Bona Fides reserves the right to not disclose reasons of rejection of the Applicant’s application. Applicant hereby waives any claims related to rejection of its application.

The Applicant can open an Publisher Account with Bona Fides by entering its valid email address and name, surname and choosing a password (collectively - "Login Details"), and other information such as Applicant's:

• i. first and last name or company name,
• ii. Skype/other messengers ID and/or phone number,
• iii. information about Publisher's Media (e.g. valid domain name of the website Publisher owns or operates),
• iv. payment details,
• v. all other information requested by Bona Fides in order to complete the application review.

The Applicant who is acting as a legal person shall provide Bona Fides with the following information:

• i. company name,
• ii. registered number,
• iii. registered address,
• iv. information about Applicant’s Media (e.g. valid domain name of the website Applicant owns or operates),
• v. payment details,

Applicant/Publisher shall ensure that information provided at or after registration is always accurate and kept up to date. The Publisher shall notify Bona Fides about any changes on the provided above data.

After acceptance of the Applicant details, he/she gains the status of Publisher and from this moment will be able to change information provided at registration by editing its Publisher Account preferences or by contacting Bona Fides support team.

Publisher must not disclose its Login Details to anyone and allow anyone else to use them. Publisher is solely responsible for the security of its Login Details.

Everyone who identifies themselves by entering correct Login Details is assumed by Bona Fides to be Publisher and all transactions where Login Details have been entered correctly will be regarded as valid and attributed to Publisher.

In the event that Bona Fides discovers, or reasonably believes, that Publisher has opened more than one Account, Bona Fides reserves the right to suspend duplicate Accounts without any notice until all the details and balances belonging to Publisher are consolidated. All other Publisher Accounts will be terminated leaving a single active Publisher Account for Publisher to use.

It is Publisher's sole responsibility to ensure that at all times it complies with the laws that govern Publisher's activities and that Publisher has the complete legal right to participate in the Affiliate Program.

Offers and Campaigns

Subject to the terms, limitations and conditions herein, Bona Fides provides Publisher with an access to Bona Fides's and its Advertiser’s Offers.

The details of the Offer may be provided both in the Publisher’s Account and/or in the form of an Insertion Order (“IO”), signed by the representatives of the parties.

Publisher will be able to start its advertising campaign with respect to each Offer provided that (i) Bona Fides, at its sole discretion, has approved Publisher for the particular IO, or (ii) Publisher has accepted this Agreement.

Publisher understands and acknowledges that Bona Fides is an affiliate of Advertisers, and Publisher is a sub-affiliate of Bona Fides; therefore, Publisher is also subjected to the terms of Advertisers terms & conditions and must confirm and comply with each accepted IO, this Agreement and Advertisers’ rules and prohibitions described in its terms & conditions.

The terms and conditions of each Offer accepted by Publisher when participating in the Affiliate Program is binding on Publisher. An Offer may include:

• i. Start and end date;
• ii. Targeting (e.g. demographic (gender, age) and/or geographic targeting), traffic (e.g. retention rate) metrics or KPI metrics;
• iii. Budget;
• iv. Terms of use of Creatives;
• v. Definition of a Lead or a New Customer, including specifics as for qualifying and Non-Qualifying Leads or New Customers, or calculation of net revenue;
• vi. Remuneration Model, including remuneration for a Lead and/or percentage of the net revenue for a New Customer;
• vii. Payment terms;
• viii. Restrictions to specific promotional methods or Media, and/or to Ads;
• ix. activity that the New Customer shall do (visit the Website of the Brand, make a deposit on the Website) to be rewarded with a remuneration payment; and
• x. Any other terms, requirements and restrictions determined by Bona Fides or it’s Advertiser.

At Bona Fides's discretion an Offer may be executed in the form of an Insertion Order, signed by the representatives of the parties.

Bona Fides and/or Advertisers may change, modify or cancel any term and condition of their Offers, in whole or in part, at their sole discretion. Bona Fides/Advertiser is not obliged to notify Publisher about any changes or cancellation of the Offer. The Publisher is solely liable for regular checking of conditions of the Offers published in their Publisher Accounts. Any changes of the Offer are considered valid from the moment of publishing of respective changes in the Offer on the Publisher Account of the Publisher.

Publisher's continued participation in the Affiliate Program after a change or update has been made will constitute Publisher's acceptance to the revised Agreement. If Publisher does not agree with the modifications, Publisher shall terminate its participation in the Affiliate Program immediately.

Modifications may include, but are not limited to, changes in the scope of available Offers, payment rates and payment procedures

The Offer also can be changed at the request of the Publisher if there is an mutual writing consent between the Parties.

In case of conflict of this Agreement and the applicable Offer, the terms and conditions of the Offer shall prevail.

Publisher's breach of any terms and conditions of an Offer constitutes Publisher's breach of this Agreement. In a case if Publisher and/or Advertiser breaches this Agreement, Bona Fides may unilaterally terminate the contract in accordance with the clause 20 of this Agreement.

Publisher agrees to work in full transparency with Bona Fides and Advertisers, and agrees to provide Bona Fides and Advertisers with all applicable information regarding Publisher's activities, including without limitation, the promotional methods used in order to promote and direct traffic to Media and/or to Ads.

Rights Granted to Publisher. Tracking URLs and Creatives Provided to Publisher

Bona Fides will make available to Publisher Tracking URLs and may provide Publisher with (i) resources, guidelines, support, technical and integration assistance relating to Publisher's use of the Affiliate Program, and (ii) Creatives, which can be integrated into Ads and which Publisher shall or may display (depending on the requirements and restrictions set out in the applicable Offer) on Media subject to terms and conditions of the relevant Offer and this Agreement.

Bona Fides grants Publisher a nonexclusive, non transferable, revocable right, during the term of its participation in the Affiliate Program and subject to the limitations set forth in this Agreement (i) to promote Bona Fides's Brands or Brands of it’s Advertisers, products or Services to Publisher's audience, users, prospects and Customers in accordance with this Agreement, and (ii) to place Tracking URLs and Creatives on Ads and Media in accordance with this Agreement, solely for the purpose of promoting Bona Fide and its Advertisers Brands, products or Services.

Publisher may not alter, modify, manipulate or create derivative works of the Creatives or any Bona Fides's or Advertiser's graphics, creative, copy or other materials owned by, or licensed to Bona Fides or to Advertisers in any way, unless Publisher has received prior written consent from Bona Fides to do so. Publisher is only entitled to use these materials, in accordance with this Agreement.

Publisher may not modify Tracking URLs without prior written permission of Bona Fides.

In the event that Bona Fides determines that Publisher's use of Tracking URLs and Creatives is not in compliance with this Agreement, Bona Fides shall be entitled to take such measures as to make Tracking URLs used by Publisher inactive and require Publisher to immediately stop distributing Ads containing Creatives.

Bona Fides may change, suspend, alter, modify or discontinue any aspect of Tracking URLs and Creatives provided to Publisher. Publisher agrees to promptly comply with any request from Bona Fides to remove, alter or modify Tracking URLs and/or Creatives that is being used by Publisher as part of Affiliate Program.

Publisher's Obligations

The Publisher is obliged to provide the Services in accordance with this Agreement and respective Offer.

The Publisher shall provide the Services in accordance with all of the applicable laws and regulations on advertising.

Bona Fides is not liable for any offenses committed by the Publisher or Advertiser in the provision of Services. Any penalties incurred as a result of providing of the Services shall be paid by the Publisher and/or Advertiser.

If the Publisher would like to advertise the Brand Websites through an Affiliate network, it must receive Bona Fides’ and/or its Advertisers consent in writing first and grant Bona Fides access to an account on the platform of Affiliate network, through which all marketing of the Brand Websites will be accessible.

The Publisher shall not advertise Brands of Bona Fides and/or Advertiser Brands on the territories of the restricted countries prescribed in the Offer as well as comply with all of the local online gambling and affiliate marketing regulations.

The Publisher and Advertiser must comply with Data Protection Legislation.

The Publisher must notify Bona Fides about any changes (such as change of banking details, contact person, legal entity and etc.).

Publisher's Campaigns

Publisher must first submit to Bona Fides for review and approval of the Media it will be using, as well as proposed Creatives (if such Creatives are not provided by Bona Fides or Advertiser). Bona Fides will notify Publisher if Media and/or proposed Creatives have been approved for use or rejected as inappropriate.

If Publisher wishes to place Tracking URLs and Creatives within media or on sites other than approved Media Publisher must request and receive Bona Fides's prior permission for the placement of Tracking URLs and Creatives on such alternative media or sites. If permission is granted, such alternative media or sites shall then become Media for the purposes of this Agreement.

Publisher accepts that all Publisher's costs in connection with Publisher's activity under this Agreement shall be borne solely by Publisher and Bona Fides shall under no circumstances participate in such costs.

Publisher shall be solely and exclusively responsible for:

• i. the accuracy, truthfulness, and appropriateness of materials posted on Media,
• ii. any links, that lead from Publisher's Media to any other website and for any content that can be found by following these links,
• iii. the design, development, operation and maintenance of Publisher's Media, and
• iv. for any use of Media not operated or controlled by Publisher.

Publisher at all times must have express permission:

• i. to use third-party copyrighted or other proprietary material on Media, Ads or as a part of Creatives (if such Creatives are not provided by Bona Fides or Advertiser), and
• to use any name, image, likeness, or other aspects of an identity of other individual (e.g. photographs or images of individuals).

Bona Fides will not be responsible if Publisher use third-party copyrighted or other proprietary material, or infringe on the right of publicity or personality rights in violation of the law.

Restrictions for Media/Creatives/Ads and Publisher's Campaigns

Media (including any of their content and linked content), Creatives (if such Creatives are not provided by Bona Fides or Advertiser), Ads and Publisher's advertising, promotional and marketing campaigns under this Agreement, IO and any Offer, including, but not limited to the activities of direction and provision of traffic of Leads or New Customers shall not at any time:

• i. target any person who is under the legal age for using Bona Fides’s or Advertiser's products and services according to the applicable law;
• ii. portray children or underage person gambling or be deemed appealing to children or underage person;
• iii. depict gambling as a way to success or achievement, or as a possibility of making profit;
• iv. contain exaggerated claims concerning Bona Fides, Advertiser or any of its products, Brands or Services;
• v. violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
• vi. display, contain or link to any material which is harmful, threatening, defamatory, abusive, hateful, obscene, sexually explicit, harassing, libelous, slanderous, injurious, promote violence, promote discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promote illegal activities, contain profanity or otherwise contain materials that Bona Fides informs Publisher is considered objectionable;
• vii. make any representations, warranties or other statements concerning Bona Fides, its Advertiser or any of its products, Brands or Services, unless otherwise is directly set out in the applicable Offer;
• viii. provide inaccurate information about Bona Fides’s and Advertiser's Marks, products and Services;
• ix. misleadingly compare Bona Fides's or Advertiser’s Marks, goods and services to competitor's marks, goods and services or create confusion between Bona Fides’ and Advertiser's Marks, products and Services and marks, goods or Services of its competitors;
• x. contain misleading information;
• xi. refer to an individual in any manner, including by using voice, images or pictorial representations of an individual, unless prior written consent has been obtained from this individual;
• xii. involve content locking;
• xiii. display fake errors or warnings to induce user action, including, for instance, warnings about viruses, missing codecs, and corrupt disks;
• xiv. be abusive or fraudulent;
• xv. be likely to deceive the public; and
• xvi. be otherwise illegal, violate the rights of any third party or infringe upon any applicable law, including, but not limited to advertising or gambling laws and regulations of the country of Advertiser's and Bona Fides's location and countries of its Brands and Brands of Advertiser’s, and/or of the countries where Ads are displayed.

Prohibited Competitive Advertising

It is prohibited under this Agreement and Publisher shall refrain from:

• i. keyword advertising with Internet search engines by bidding on keywords referring to Bona Fides or Advertiser's Marks, including but not limited to Marks spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages); and
• ii. register any domain name or mobile app with a name, logo or appearance that includes any of Bona Fides's Marks or trade or other brand name operated by Bona Fides or is, in our sole discretion, determined to infringe our Intellectual Property Rights or be confusingly similar to ours trademarks, Brands or logos.
• iii. include metatag keywords on the Affiliate Website; or
• iv. applying for or registration, including by but not limited to trademark or internet domain names, of any of Bona Fides and/or its Advertiser's brand names, designations, Marks, designations spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages), or any domain name, trade or service mark which consists or comprises word or words, logo or their parts similar to Bona Fides and/or its Advertiser's brand names, domain names, designations and Marks for any goods or services in any country.
• v. sending any forms of spam by or on behalf of the Publisher.

Unsolicited Email Campaigns

Publisher will not use any unsolicited or spam email, messages or notifications sent electronically through any media, channel, app or other mean of communication to distribute Ads, and Publisher will ensure that Media and any related marketing materials or communications do not contain any spyware, adware or other unwanted threats and comply at all times with applicable anti-spam laws. Any emails, messages or notifications that are distributed by Publisher, directly or indirectly shall:

• i. not be directed at people who have not conspicuously consented to receiving promotional messages from Publisher;
• ii. clearly identify Publisher as the source of the message; and
• iii. provide the recipient with an option to easily remove them from receiving future mailings or promotions.

Publisher shall either use email or other message templates provided by Bona Fides, or Publisher shall submit the final version of Publisher's email or other message to Bona Fides for approval prior to sending emails, messages or notifications containing Tracking URLs, Creatives or Ads.

If Bona Fides suspends the Publisher in any forms of spam, it can on its own discretion suspend the Publisher Account and withhold the deposits of such Publisher.

Bona Fides Rights

Bona Fides has the right to monitor Media that Publisher uses at any time and to determine if Publisher is in compliance with this Agreement.

Bona Fides may update the list of prohibited Media or distribution channels and sources from time to time and at its sole discretion. All such Media, channels or methods shall be immediately withdrawn.

Bona Fides may request Publisher to stop distributing any and all Ads or on specific Media or by using a particular distribution method deemed by Bona Fides questionable. Once Bona Fides sends to Publisher such a request Bona Fides will have no obligation to pay Publisher for any actions associated with the subject matter of the Bona Fides request.

Publisher's breach of the provisions under this Section, including, but not limited to a misuse of Creatives or use of Creatives not approved by Bona Fides, will constitute a breach of this Agreement, and Bona Fides will retain full authority to terminate this Agreement immediately and retain for its own account any payment arising as a result of such activities that would otherwise have accrued to Publisher's benefit.

Other Actions Leading to Non-Qualifying Leads or New Customers

Advertisers and Bona Fides maintain a zero tolerance policy towards Fraud, invalid activities, and any methods that artificially generate Leads or New Customers. Bona Fides and Advertisers may use third-party advertising fraud detection systems and tools to monitor such activities. Publisher is expressly prohibited from using any persons, means, devices or arrangements to commit Fraud.

Any Lead or New Customer rejected by Advertiser irrespective of the cause of such rejection is considered "Non-Qualifying", including, but not limited to when it:

• i. comes or is generated as a result of Fraud;
• ii.does not comply with any terms of the Offer or has not met the prerequisites set forth in the applicable Offer (e.g. leads or customers not from the targeted location, users that are of a younger age as determined by Bona Fides or its Advertiser, KPIs have not been met etc.); or
• iii. is related to terminated, closed or expired Offer.
• iv. a user made FTD after the 31st day after registration

Notwithstanding the generality of the foregoing, Lead or New Customer is also considered "Non-Qualifying" when it:

• i. does not comply with other provisions of this Agreement, IO or any applicable laws;
• ii. comes or is generated as a result of Publisher's breach of this Agreement, IO or
• iii. occurs when the Publisher is in breach of this Agreement, IO or any applicable laws.

Bona Fides shall have no obligation to pay for Non-Qualifying Leads or New Customers. For the avoidance of doubt, Bona Fides shall have no obligation to pay for Leads or New customers if Publisher makes any misrepresentations in Publisher's Account or violate the terms set forth in this Agreement.

Advertiser or Bona Fides shall make all determinations about Non-Qualifying activity in their sole discretion. In the event that Advertiser or Bona Fides determines that Publisher has delivered Non-Qualifying Leads or New Customers, or traffic that Advertiser or Bona Fides reasonably determines violates any term of the applicable Offer and/or this Agreement, or Advertiser or Bona Fides received any complaints about Publisher's participation in Affiliate Program which Advertiser or Bona Fides reasonably believes to violate this Agreement, Bona Fides may, at Bona Fides' option:

• i. temporarily freeze the Account for 30 days. After 30 days period the Account may be terminated and the deposits will be withhold;
• ii. terminate Publisher's Account,and terminate this Agreement,
• iii. require Publisher to immediately cease using Creatives, Tracking URLs and displaying Ads, and/or
• iv. withhold all unpaid amounts or charge back Publisher's accounts.

Advertiser and/or Bona Fides retains the right to review all Publisher's campaigns and actions, as well as Leads or New Customers for possible Fraud or other noncompliance, whether such Fraud or noncompliance is on the part of users or on Publisher's part. In any period of time during which such reviews are performed Bona Fides shall have the right to withhold any payment accrued in Publisher's favor until such time as the review has been concluded. In the event that Bona Fides deems that Fraud or other noncompliance has occurred, Publisher shall not be entitled to receive any payments which have accrued to Publisher's benefit as a result of such Fraud or other noncompliance.

Publisher's Statistics

Publisher will cooperate with Bona Fides to allow Bona Fides to track Leads or New Customers directed to the Bona Fides’s and Advertiser's Websites, websites of their Brands or other destinations.

To permit accurate tracking, reporting, and payments accrual, Publisher must ensure that the Tracking URLs are properly formatted.

Publisher shall use only Tracking URLs that were submitted to Publisher by Bona Fides and shall not alter Tracking URLs.

Bona Fides will provide Publisher with its statistics as it is made available to Bona Fides by Advertisers or any other third-party providers. Publisher will be able to view its statistics in the Account. Bona Fides shall make available to Publisher information concerning the number of Leads and/or New Customers brought by Publisher in connection with each Offer, or Referred Publishers, and accrued payments.

Publisher understands that Bona Fides' online statistics may not be entirely accurate at a given moment.

Payments

Payment Terms and Payment Calculation

Subject to the terms of this Agreement, Bona Fides will pay Publisher Remuneration for (i) Leads and/or New Customers in accordance with the Remuneration model and the applicable Offer, and (ii) or Referred Publishers.

In order to calculate the Remuneration, Bona Fides will administer the turnover generated via the Tracking URLs and record the total amount of Remuneration earned. The aforesaid information is based on information received from Advertisers and any calculation thereof is made in accordance thereto, at Bona Fides's sole and final discretion, and shall not be open to review or appeal.

Publisher agrees and acknowledges herein that:

• i. Bona Fides shall apply a strict Negative Carryover Policy, meaning that any negative balances from one billing period will offset positive balances in future periods, and these will not be reset or zeroed at the end of any month. Negative commission balances shall be carried forward to subsequent months until fully cleared by positive commissionable revenue;
  At the sole discretion of Bona Fides negative commission balances of the Affiliates are zeroed out at the end of each month, with exception of negative commission balances generated by "High Rollers", which are not written off. So in order to secure the Affiliate’s potential revenue from possible negative outcomes of the High Roller's activity, Bona Fides applies the High Roller Policy
• ii. Bona Fides will only pay for Leads and New Customers tracked by its tracking system and associated with Publisher's Tracking URL. No payment will be made if a Lead or New Customer cannot be tracked by BonaFides’s' systems.
• iii. Advertisers may change any payout rate or cancel the Offer, in whole or in part, at their sole discretion, which may lead to the withholding or adjustments of Remuneration payments;
• iv. Bona Fides collects its payments from Advertiser, and it is not responsible for any delay of Remuneration payments to Publisher if such delay is caused by any delay of payment by Advertiser;
• v. for the same reason, Bona Fides will make payments of Remuneration to Publishers out of funds actually collected by Bona Fides from Advertiser who initiated the relevant Offer; Bona Fides shall have no payment obligation to Publisher where Advertiser has not remitted sufficient payments to cover the amounts otherwise due to Publisher; and Publisher's sole and exclusive remedy shall be the right to pursue any and all legal remedies directly against any Advertiser that has not made funds available to pay monies due to Publisher for Leads or New Customers in connection with the applicable Offer;
• vi. if any Advertiser whose Offer has been executed by Publisher defaults on payment to Bona Fides, and Bona Fides has paid Remuneration related to such Offer, Bona Fides may withhold any further payment for equal amount or charge back Publisher's accounts; and
• vii. All internal currency conversions will be performed based on the then-current FX rates of the Bona Fides's bank.

Calculation of the Remuneration may be postponed for up to 90 days due to, including but not limited to, the following circumstances:

• i. Advertiser is verifying a Lead, New Customer or Referred Publisher, including for Fraud; or
• ii. The applicable terms of the Offer necessitate such a postponement.

In addition to Bona Fides's other rights and remedies, Bona Fides may:

• i. withhold and offset any payments owed to Publisher against any amounts Publisher owe Bona Fides (e.g. which have been generated by Fraud), or
• ii. require Publisher to refund Bona Fides within thirty (30) days of a notice, any amounts Bona Fides may have overpaid to Publisher in prior periods (including amounts refunded or credited to Advertisers).

In a case if Publisher does not withdraw generated turnover for more than 180 (one hundred and eighty days) from the day when it occurred, Bona Fides has a right to withhold such turnover in his favor.

It is the sole responsibility of the Publisher to check the balance of the turnover on the Publishers’ Account and the terms of withdrawal of the payments from it.

At the Publisher's request, Bona Fides may return the entire amount withdrawn to the balance of Publishers’ Account.

Bona Fides accepts payments from Advertisers for Brand promotion services. The relationship between Bona Fides and Advertiser regarding the provision of Brand promotion services are governed by a separate treaty between Bona Fides and Advertiser.

The information about the tariffs and procedure for invoices between Bona Fides and the Advertiser regarding Brand promotion services is displayed in the Advertiser`s personal account on https://bonafides.team/.

Money Transfers

Remuneration is calculated every 2 weeks and payments shall be made on a two week basis in arrears, not later than in 45 days following the end of the calendar month,

The remuneration payment processing may take from ten (10) minutes or more (up to 5 days), if Bona Fides or relevant third parties have to perform additional checks.

No payments will be made to Publisher unless all payment details are completed in Publisher's Account with Bona Fides (e.g. for wire transfers - beneficiary name, beneficiary address, account number, bank name, bank address and SWIFT). Publisher will be solely responsible for accuracy, completeness and relevance of its contact and payment details in Publisher's Account with Bona Fides. Bona Fides will not be liable for delay or non-receipt of the payment in case Publisher provides Bona Fides with incorrect or incomplete payment details, and Bona Fides will not reimburse Publisher for these payments. Publisher will be liable for all expenses caused by incorrect or incomplete payment details, including, but not limited to returned payments, correction of payment details, payment rerouting and payment investigations. Publisher may apply an extra fee for correction of payment details, payment rerouting and payment investigations.

Unless expressly agreed by Bona Fides, Publisher may not enter into any type of arrangement with a third party where that third party receives payments made to Publisher by Bona Fides.

Publisher agrees that it will be responsible for any charges and fees corresponding to the payment to Publisher made by Bona Fides, applied by the Bona Fides's bank or payment provider, by any intermediaries, and by the Publisher's bank or payment provider. For example, the payment to Publisher made via bank transfer will be reduced by Bona Fides's bank fees for outgoing wires, by the charges of any intermediary banks (if applicable), and the Publishers bank's fees for incoming wire (if applicable). The same applies to other payment methods.

Bona Fides will apply service charges to each payment. Applicable fees are described in the dedicated section of the Publisher's Account.

All payments via wire transfer and E-payments will be made in USD or EUR, at Bona Fides's sole discretion. In case of the payment currency is different from the statistics currency, the exchange rate used for conversion will be the exchange rate quoted by the Bona Fides's bank.

Publisher is responsible for any applicable taxes, duties that may occur regarding the transaction. Bona Fides may report and withhold any such amount from Publisher's balance in order to comply with any applicable law.

If Publisher wishes to dispute any payment made or withheld under this Agreement, Publisher must notify Bona Fides in writing within five (5) days of any such payment. Failure to notify Bona Fides within the prescribed time limit shall be deemed as an irrevocable acknowledgment of an agreement with the balance due for the period indicated.

High Roller Policy

The following High Roller Policy shall apply under the Affiliate Program.

Negative or positive commissionable revenue generated in any given month by any Customer that Bona Fides determines, in its sole discretion to be “High Rollers” will be carried forward and offset against future commissionable revenue generated by the same High Roller referred by the Affiliate.

The determination of the criteria to categorize a Customer as “High Roller” and to activate the High Roll Tracker shall be in Bona Fides’s sole discretion, and Bona Fides’s sole responsibility in this regard shall be to advise the Affiliate of the categorisation of any Customer(s) referred by the Affiliate as a High Roller. The criteria for determining High Roller and activating the High Roll Tracker are the following:

(a) if in any given month during 30 calendar days a Customer generates:- Gross Gaming Revenue (GGR) in sum of at least fifteen thousand (US$15.000,00) OR - Deposit in sum of at least forty thousand (US$40.000,00) OR - Withdrawal in sum of at least twenty thousand
(US$20.000,00), then such Customer shall be deemed to be a High Roller;

(b) if one of the above criteria is met then the negative or positive commissionable revenue generated by the High Roller will be carried forward and offset against future commissionable revenue generated by that High Roller;

(c) the negative balance carried forward cannot be set-off against other Customers’ positive commissionable revenue;

(d) the High Roller will be isolated (fenced or temporary removed) from the Affiliate pool of players. The revenue from the High Roller will be paid every 45 calendar days from the date a player is classified as a High Roller, in accordance with the terms outlined in Section 15 of the Agreement. The revenue from this specific Customer will not affect the overall Amount Due from the other Customers during the billing period.

Publisher's Verification

The name on Publisher's Account must match its true and legal name and identity, and must match the name on the bank/payment accounts used to receive payments.

To verify identity, address and/or payment account of an individual Bona Fides may request at any time (i) proof of identity (including but not limited to copies of a valid passport/identity card), (ii) proof of address, including but not limited to a recent utility bill (should be no more than 3 months old), and (iii) copy of a recent bank/payment account statement related to a payment method on file (should be no more than 3 months old).

In the event an Publisher is a legal entity, it may be requested to provide (i) its formation documents, (ii) information sufficient for Bona Fides to determine the corporate or business entity's identity, good standing, the authority of Publishers business representative to act on its behalf, as well as the business representative's identity, and (iii) copy of a recent bank/payment account statement related to a payment method on file (should be no more than 3 months old).

If Publisher does not supply such documentation to Bona Fides and/or if Bona Fides is unable to satisfactorily verify Publisher's identity, address and/or payment account within a reasonable time-period, determined by Bona Fides, Bona Fides reserves the discretionary right to:

• i. withhold the balance in Publisher's Account until the verification process is completed satisfactorily,
• ii. void any or some of Publisher's Leads and/or New Customers and freeze Publisher's Account, and/or
• iii. suspend or close Publisher's Account and terminate this Agreement.

Intellectual Property Rights

Bona Fides retains all right, title, and interest in and to the Affiliate Program (including, but not limited to, ownership of all copyrights, trademarks, patents, derivative works, modifications, lists of advertisers, algorithms, taxonomies, trade secrets and other intellectual property rights therein).

Except as expressly stated in this Agreement, nothing is intended to grant Publisher any rights to any of Bona Fides's Marks, service marks, brand names, copyrights, patents or trade secrets, or any other Intellectual Property Right or proprietary right.

Publisher shall not use any of Bona Fides's brand names, designations and trademarks, or Marks other than as permitted in this Agreement.

Publisher agrees that Bona Fides may use any suggestion, comment or recommendation Publisher chooses to provide to Bona Fides without compensation.

Confidentiality

Bona Fides may disclose to Publisher certain information as a result of Publisher's participation in Affiliate Program, which information Bona Fides considers to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any business and financial information relating to Affiliate Program, customer and vendor lists relating to Affiliate Program, or any information that Bona Fides or Advertisers designate as confidential.

Publisher agrees not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by Publisher for Publisher's own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.

Bona Fides may make public statement, press release or other announcement to announce the relationship contemplated by this Agreement without Publisher's prior consent. Publisher will not make any public statement, press release or other announcement relating to the terms or existence of this Agreement, Advertisers and the Offers without Bona Fides's prior written approval.

Term and Termination

This Agreement shall commence on the date of the registration and approval of the Publisher's Affiliate Program application and shall continue thereafter until terminated.

At any time, either party may immediately terminate this Agreement, with or without cause, by giving the other party prior 7 days' written notice of termination, unless otherwise is not set out in the Agreement.

Bona Fides may at any time suspend Publisher's Account or Publisher's participation in any Offer and/or terminate this Agreement as provided in other sections of this Agreements and/or if Publisher is in breach of this Agreement.

If this Agreement is terminated because Publisher has violated this Agreement or applicable laws, Publisher will not be eligible to receive any payments, including earned prior to the date of termination, or the Remuneration under "lifetime" Revenue Share Remuneration Model.

Notwithstanding the above, the payment of Remuneration under "lifetime" Revenue Share Remuneration Model shall also be terminated if (i) Advertiser withholds or stops its relevant payments to Bona Fides for any reasons, (i) Advertiser discontinues its product or service, (iii) Advertiser is banned or limited from selling or distributing its product or service, or it becomes illegal to Advertiser to sell or distribute its product or service, (iv) Bona Fides terminates or sells part or all of its business, or (v) Bona Fides discontinues the Affiliate Program.

Bona Fides reserves the right to withhold Publisher's final payment for a reasonable time to ensure that the correct amount is paid.

Bona Fides has the right to cancel the agreement for the provision of services with Publisher at any stage and return its cost to the Publisher only if Publisher is fully reimbursed for losses actually taken.

Bona Fides has the right to cancel the agreement for the provision of services with Advertiser at any stage and return its cost to the Advertiser only if Advertiser is fully reimbursed for losses actually taken.

Upon the termination of this Agreement for any reason, Publisher will immediately cease use of, and remove from Media and any other sources and media all Tracking URLs, Ads and Creatives and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by Bona Fides and/or provided by or on behalf of Bona Fides to Publisher pursuant to this Agreement, and will cease representing itself as Bona Fides's Affiliate.

Termination of this Agreement will not act as a waiver of any breach of the Agreement and will not act as Publisher's release from any accrued liability or liability for breach of Publisher's obligations under the Agreement or applicable laws.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding Publisher's use of confidential information.

Representations

Each party represents and warrants to the other party that the person executing this Agreement is authorized to do so on such party's behalf.

Publisher hereby represents and warrants to Bona Fides that:

• i. if Publisher is an individual, he/she is at least 18 years of age on the effective date of this Agreement;
• ii. the person accepting this Agreement has full authority to act for and to bind Publisher to this Agreement;
• iii. Publisher has full authority to enter into this Agreement, and it owns all right, title, and interest in, or otherwise has full right and authority to permit the use of its Media;
• iv. Publisher has all appropriate rights to promote with any promotional method Publisher may choose to use;
• v. Publisher will conduct its business, run its campaigns and advertise and promote Bona Fides, Advertiser, their Brands and Services in compliance with all applicable laws, rules and regulations, including the gambling-specific advertising rules and regulations in each targeted country;
• vi. Ads, Creatives (unless provided by Bona Fides or Advertiser), Media and Publisher's promotional methods do not and will not infringe a third party's or Bona Fides's proprietary rights; and
• vii. Publisher shall remain solely responsible for any and all Media owned and/or operated by Publisher and all of Publisher's promotional methods.

Indemnification

Publisher agrees to defend, indemnify, and hold Bona Fides, Advertisers, their owners, shareholders, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

• i. Publisher's access to or participation in Affiliate Program;
• ii. Publisher's violation of this Agreement;
• iii. Publisher's violation of any applicable law, rule or regulation;
• iv. Publisher's violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and
• v. any claim related to Media, Ads or Creatives (if not provided by Bona Fides or Advertiser), including but not limited to, the content of such Media, Ads or Creatives.

Disclaimer of Warranties

AFFILIATE PROGRAM, CREATIVES, TRACKING URLS AND BONA FIDE's SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED TO PUBLISHER "AS IS". BONA FIDES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BONA FIDES DOES NOT WARRANT THAT AFFILIATE PROGRAM, CREATIVES, TRACKING URLS AND BONA FIDES's SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT WILL MEET PUBLISHER's SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF AFFILIATE PROGRAM, CREATIVES, TRACKING URLS AND BONA FIDES's SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. BONA FIDES DOES NOT GUARANTEE THAT PUBLISHER WILL EARN ANY SPECIFIC AMOUNT OF REMUNERATION.

Limitation of Liability

IN NO EVENT SHALL BONA FIDES BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF AFFILIATE PROGRAM, CREATIVES, TRACKING URLS AND BONA FIDES's SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND BONA FIDES's REASONABLE CONTROL. IN NO EVENT WILL BONA FIDES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BONA FIDES HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. BONA FIDES's CUMULATIVE LIABILITY TO PUBLISHER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO PUBLISHER BY BONA FIDES DURING THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with them shall be governed by and construed and interpreted in accordance with the laws of registered country of Bona Fides. Nothing in this clause shall limit Bona Fides's right to take proceedings against Publisher in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

Publisher hereby irrevocably waives any objection which Publisher may now or hereafter have to the laying of the venue of any suit, action or proceeding arising out of or relating to this Agreement in the above mentioned jurisdictions, and hereby further irrevocably waive any claim that such jurisdictions are not convenient forums for any suits, actions or proceedings.

Miscellaneous

Relationship. Publisher and Bona Fides are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Publisher and Bona Fides. Publisher will have no authority to make or accept any offers or representations on Bona Fides's behalf.

Notices. Any notices or other communications permitted or required under this Agreement will be in writing and given by Bona Fides via email or other electronic means of communication as specified in this Agreement, in the applicable Offer or in the Publisher's Account. All notices or other communications regarding this Agreement should be addressed by Publisher via email specified in the Publisher's Account.

Consent to Receive Communications in Electronic Form. For contractual purposes, parties:

• i. consent to receive communications from each other in an electronic form; and
• ii. agree that this Agreement and all agreements, amendments, notices, disclosures, and other communications satisfy any legal requirement that such communications would satisfy if it were in writing.

Assignment. Publisher will not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Bona Fides prior written consent. Any purported assignment or delegation by Publisher without Bona Fides's appropriate prior written consent will be null and void. Bona Fides may assign this Agreement or any rights hereunder without Publisher's consent.

No Waiver. The failure by the party to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of its right or remedy.

Severability and Integration. This Agreement constitutes the entire agreement between Publisher and Bona Fides and supersedes all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.