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SCORERUSH TERMS & CONDITIONS

Updated on July 10th, 2024

ScoreRush is a mobile application featuring sport related games and news.

These Terms and Conditions (the “T&Cs” or the “Terms”) constitute a legally binding agreement between us, Pooky Games Ltd hereinafter referred to as, “the Company” or “we”, publisher of the ScoreRush Application hereinafter referred to as “the Application” or “ScoreRush” and you, as the user, hereinafter referred to as "you" or "user" or “player”, collectively referred to as the Parties to this agreement, and govern your use of the ScoreRush Application available at the ScoreRush website - https://scorerush.game (the “Website”).

Please read these Terms carefully. If you do not agree to these Terms, you shall not access or use our services.

1. General

1.1 — By creating an account on the ScoreRush Application, you, whether expressly or implied, agree to all the Terms as presented by us as well as our Privacy Notice available at https://scorerush.game/privacy-notice.

1.2 — We reserve the right to modify or update these T&Cs at any time and at our sole discretion without prior notice. We will inform you about such changes by publishing the amended version of T&Cs on the Website with updated “Last Revised” date. All the amendments or updates will be effective immediately upon being announced and published on the Website. If you do not agree to any changes performed to the T&Cs, you must stop using ScoreRush, since your continued use will be deemed as acceptance to the amendments. If after registering to our website, you do not agree to be bound by the Terms as stipulated, you are advised to refrain from using our website and inform customer support immediately by opening a ticket on our Discord server, or via email (hello@pooky.gg).

1.3 — There is only one version of these Terms. These T&Cs may be published in a number of languages, reflecting the same principles, for information purposes and to help its users. It is however only the English version that is the legal basis of the relations between you and the Company. In the case of any discrepancy between the T&Cs provided in English and the non-English version, the English version always prevails.

2. Your Account

2.1 — In order to use the ScoreRush Application, you will need to create a permanent account (1) with an email, which will be verified by a confirmation email or (2) by means of using a social media login, such as Google and Apple. Alternatively, you may temporally use ScoreRush as a guest ("Guest Account"). It is your sole and exclusive responsibility to ensure that your login details are kept secure.

2.2 — If you choose to use a Guest Account and subsequently lose access to it, the Company will not be able to assist in recovering it. It is your responsibility to secure your progression within the Application by creating a permanent account, either through email verification or via a social media login, such as Google or Apple.

2.3 — You are allowed to have only one account with the Company. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.

2.4 — You agree to provide true, current and complete information about yourself. In case we have any reasonable doubt that any information provided by you is inaccurate, untruthful or outdated, we have a right to send you a notice to demand amendments, add relevant information directly and, as the case may be, suspend or terminate your account and refuse any and all current or future use of ScoreRush.

2.5 — You also acknowledge and agree that you have the obligation to keep all information provided up to date and if there are any changes, you will immediately notify us via hello@pooky.gg.

2.6 — The Company reserves the right to refuse or close your account at its sole discretion and without prejudice.

2.7 — If you wish to close your account, you may do so at any time, in line with these Terms governing ScoreRush.

2.8 — With registration of an account, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on ScoreRush. We will collect, use and share this information in accordance with our Privacy Policy.

2.9 — In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing.

2.10 — In case of an incorrect distribution of any type of rewards, the Company has the right to reverse the transaction. This may result in your account balance becoming negative. If this happens, all assets in your account may be frozen and unable to be used for transactions until your balance becomes positive again.

3. Obligations

3.1 — You are 18 years of age or comply with a higher minimum legal age, stipulated in the jurisdiction of your residence under the laws applicable to you. The Company maintains its right to require certain documentation required to prove the age and identity of the user whenever it deems necessary.

3.2 — If you have reason to believe that a person breaking the 3.1 clause is accessing our services, please contact us immediately. Our customer support team can be contacted via hello@pooky.gg or by means of opening a ticket on our Discord server.

3.3 — You are solely responsible for your account credentials including your username and password or any other linked email address used as a means to access your account. You are responsible for the security of any device on which you register your account and from which your account may be accessed. You shall immediately notify us if you suspect or become aware of unauthorised use of your account credentials. The Company shall not be responsible for any unauthorised use of your account.

3.4 — You may only participate on the Website on your own behalf and not on the behalf of any other person or company.

3.5 — You may not use funds that are tainted or associated with any illegality or use any funds which originate from illegal activity or source.

4. Free Access

4.1 — Downloading and playing the ScoreRush Application is free.

4.2 — Once a user registers on ScoreRush, he or she receives free access to two gaming leagues and a free set of digital items to enhance their gaming experience.

4.3 — Other Leagues may be made temporarily or permanently available to the user for free, as seasonal events.

5. Paid Services

5.1 —  There are no fees for the use of many aspects of the Application. However, some services, features, and products may be available for purchase (“Paid Services”). Paid Services include certain subscription memberships (“Subscriptions”) and digital items or currencies (collectively, “Digital Goods”) made available through the Application under this Agreement.

5.2 — The Company may change the fees or benefits associated with Paid Services from time to time with reasonable advance notice of material changes. However, no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.

5.3 — The Company may offer discounts on Paid Services and the specific terms of each discount will be stated at the time the discount is offered. For example, if you are taking part in any trial period offer that enables you to use a subscription without charge, and that trial period converts into a paid subscription upon expiration of the trial period, then you must cancel the subscription prior to the end of the trial period in order to avoid incurring charges for the paid subscription.

5.4 — You have immediate access to, and use of, Paid Services you buy through the Services. As a result, all purchases are final, non-refundable, and non-returnable to the furthest extent permitted by law. We do not have an obligation to refund or credit for partially used billing periods.

5.5 — If you reside in the EEA, United Kingdom, or Switzerland, you have the right to withdraw from this Agreement within 14 calendar days without giving reasons. The withdrawal period is 14 calendar days from the date of conclusion of this Agreement. To exercise your right of withdrawal, you must contact Customer Support. Please note, however, that your right of withdrawal is lost when you purchase Paid Services that include: (a) a license to use Digital Goods; or (b) a subscription. These Paid Services are provided to you once the Digital Good is credited to your account or upon commencement of the subscription, and you request and consent to these Paid Services being provided to you in this manner immediately upon purchasing them.

5.6 — The Company will charge applicable taxes and fees when required to do so, but it is your responsibility to pay for all applicable taxes and fees associated with your use of the Services and your access to and purchase and use of Paid Services, including transaction taxes, data plan fees, internet fees, and other similar costs.

6. Payment Information

6.1 — You may submit your debit card, credit card, or other payment information (your “Payment Information”) via our Application to purchase Paid Services. The Company accepts certain payment methods that may vary by country or Paid Services. We use third-party payment processors (for example, Apple, Google, etc.) to process your Payment Information (our “Payment Partners”).

6.2 — If you submit your Payment Information, you agree that:

6.3.1 — Your Payment Information is true and correct;

6.3.2 — You are authorised to use your Payment Information;

6.3.3 — You will pay for the Paid Services (including any applicable taxes, fees, and costs) by the payment due date;

6.3.4 — You give us and our Payment Partners permission to charge you for the Paid Services, using your Payment Information, when payment is due for the full amount of the purchase (including any applicable taxes, fees, and costs);

6.3.5 — We may retain and share your Payment Information with our Payment Partners in order to process your purchase of Paid Services; and

6.3.6 — We may retain and use your Payment Information (including any information about you and your Payment Information provided to us by our Payment Partners) to provide you with notices and disclosures relating to renewals, recurring charges, and changes affecting your purchase.

6.3 — If you purchase any Paid Services via our Payment Partners, then that purchase may be further subject to the legal terms and privacy policies of the applicable Payment Partners. For purchases via our Payment Partners, your billing relationship will be directly with the applicable Payment Partner. Any fees charged for Paid Services will be billed by the applicable Payment Partner using the payment method you have provided that Payment Partner.

7. Limitation of Liability

7.1 — It is the user’s obligation to ensure compliance with any local laws, regulations or directives, relevant to the user’s residence and citizenship, if and when applicable. Any participation in ScoreRush is at the user’s sole discretion and risk.

7.2 — For the avoidance of any doubt, residents and citizens of Afghanistan, Algeria, Bangladesh, Bolivia, China, Cuba, Egypt, Iran, Morocco, North Korea, Russia, Syria, Nepal, and the Crimea, Donetsk, and Luhansk Regions, are not permitted to use ScoreRush and its services.

7.3 — The Company grants the user a non-exclusive, non-transferable and limited personal use to access the Application. Application use is conditioned on continued user compliance with these T&Cs.

7.4 — The services offered on the Application are available to users only within the scope of the current state of technology used. The Company provides no guarantee for the uninterrupted availability, or the serviceability of the services offered. The Company accepts no liability for the interrupted availability and serviceability of the services.

7.5 — The Company undertakes to supply steady services on the Application. However, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Website or Application.

7.6 — The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on the Application.

7.7 — To the maximum extent permitted by applicable law, under no circumstances shall the Company be responsible for any loss or damage resulting from use of the Application, from any content posted on or through the Application, or from the conduct of any users of the Application.

7.8 — In no circumstance shall the Company or any of its directors or employees be liable to the user for any damages whatsoever, including without limitation indirect, incidental or any type of consequential damages, which may arise from out of, or in connection with the users’ use of the Application, including but not limited to the quality, accuracy or utility of the information provided.

7.9 — The Company is not liable for damages of any kind that are caused by the undue use of the account by the user or third parties.

7.10 — In case of infringement of these T&Cs by the user, the user shall indemnify and keep indemnified the Company from any claims by third parties and bear any losses, costs or damages resulting thereof. Should the user become aware of any legal action that may affect the Company, the user shall immediately inform the Company and provide the Company with all the information available.

7.11 — The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event shall the Company’s cumulative liability to the user exceed the amount of money the user paid to the Company in the 12 months period preceding the date the claim arose, if any.

7.12 — The Company shall not be responsible for all liability in connection with any force majeure event including acts of God, labour disputes, electrical, telecommunications, hardware, software or other utility failures, earthquakes, storms or other nature-related events, blockages, riots, acts of orders of government, acts of terrorism or war, technological change.

8. Intellectual Property

8.1 — All content, trademarks, services marks, trade names, logos and icons are the property of the Company or to be used with permission. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Application, other than the right to use ScoreRush, in accordance with these Terms.

9. Indemnification

9.1 — The user agrees to fully indemnify the Company and its officers, directors, and employees, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable lawyer’s fees and costs, arising out of or in any way connected with:

9.1.1 — User's access to or use of the Application or Website;

9.1.2 — User’s violation of any of the terms of this Agreement; and/or

9.1.3 — User’s breach of any applicable laws or regulations.

10. Term and Termination

10.1 — These Terms shall be for an indefinite period until the user decides to terminate his or her relationship with us. Should the user wish to terminate and close his or her account such user may do so by sending an email to the Customer Support via hello@pooky.gg.

10.2 — The Company may terminate, change, suspend or discontinue your access to ScoreRush at any time by sending you a notice, which may take effect either immediately or on such later date as may be specified in the notice.

10.3 — The Company may also restrict, suspend or terminate your use of ScoreRush without any notice if we, at our sole discretion, believe you are in breach of these Terms or applicable law, have reasons to believe that you are involved in any fraudulent and illegal activity.

10.4 — We may also suspend your use of ScoreRush at any time for security reasons or if we reasonably suspect that your account has been or is being used without your authorization or fraudulently.

10.5 — We will try to give you advance notice of any suspension. Where advance notice is not possible, we will provide you with notice as soon as reasonably practicable thereafter.

10.6 — We may terminate this Agreement at any time and for any reason by giving you not less than 7 days written notice.

11. Complaints and Customer Support

11.1 — The Company is committed to providing quality support for its users. If you need any help or want to make a comment or complaint, please contact our Customer Support through a Discord ticket or by email at hello@pooky.gg. The Customer Support manager assigned to the escalated case will commit to his or her best efforts to promptly resolve a reported matter internally. We aim to resolve all enquiries as soon as possible.

12. Governing Law and Dispute Resolution

12.1 — This Agreement shall be governed by and interpreted in accordance with the laws of Malta, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Malta.

13. Referral Program

13.1 — You may participate in the Free-to-Play Referral program, where you can earn rewards for sign-ups by other Users you have referred to ScoreRush (the “F2P Referral Program”). Rewards are usable solely in the Free Access game mode.

13.2 —You may participate in the Referral program, where you can earn rewards for purchases by other Users you have referred to ScoreRush (the “Referral Program”), governed by the Referral Program Terms, available in appendix 1 of the Terms and Conditions.

14. Affiliate Program

14.1 — You may participate in the affiliate program, where you can earn rewards for purchases by other Users you have referred to ScoreRush (the “Affiliate Program”). Participation in the Affiliate Program is governed by the Affiliate Program Terms, available in appendix 2 of the Terms and Conditions.

15. Miscellaneous

15.1 — No third-party rights are created in these Terms. Only you, as the registered user of ScoreRush, will have any rights to enforce in these Terms. You cannot assign or transfer any of your rights to someone else under these Terms.

15.2 — If any provision within these Terms is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

‍

APPENDIX 1: REFERRAL PROGRAM TERMS

Last updated: July 10th, 2024

1. REFERRAL PROGRAM

1.1 — You may refer other users to sign-up for an Account on ScoreRush Application by participating in the referral program governed by these Referral Program terms (the “Referral Program"). The Referral Program offers Users (the “Referrer”) the opportunity to earn rewards by inviting others (the “Referee”) to use the Services.

1.2 — Participation in the Referral Program is governed by the Terms and Conditions and additionally the present Referral Program Terms (“Referral Terms”). To participate in the Referral Program, you must accept the T&Cs and these Referral Terms.

2. REFERRER ELIGIBILITY

2.1 — To be eligible to participate in the Referral Program, you must:

  • have created an Account on the Application that complies with the Terms and Conditions and Terms of Use;
  • own at least one League Pass (”LP”);
  • comply with these Referral Terms;
  • Use the referral link from the referral section from the Application (the "Referral Link").

3. QUALIFIED REFERRALS

3.1 — To be considered valid (the "Qualified Referral"), the referral must meet the following conditions:

(i) the Referee must be a natural person, at least eighteen (18) years of age or the minimum age required in their country and separate from the Referrer, who has never created a ScoreRush User account and was not in the process of creating an account.

ii) The Referee must:

a) create an account by installing the Application through the Referrer's Referral Link;

b) accept the T&Cs;

c) Purchase at least 19$ worth of ScoreRush Dollars (”SRD”) in the Application’s Shop within 120 days of creating an account. For the avoidance of doubt, purchases on the Secondary Market by a Referee will not count towards the conditions required for a Qualified Referral.

3.2 — If the Referral Link used by the Referee has been promoted by the Referrer, directly or indirectly, through or with the help of paid advertising, any referrals created via that promoted link will not be eligible for rewards under this Section.

4. REFERRER AND REFEREE REWARDS

4.1 — In case of a Qualified Referral, the Referee will receive a one time bonus pack containing Digital Goods amounting to 5% of the value of the first League Pass (”LP”) purchase as a reward (the “Referee Reward”). The Referee Reward includes 5 random Boosters of the same rarity of the first LP purchased and a variable number (”X”) of Teams Stickers from the same league as the first LP purchased, with “X” depending on the League Pass rarity:

  • for an Uncommon LP, the Lead will receive 1 Team Sticker;
  • for a Rare LP, the Lead will receive 3 Team Stickers;
  • for an Epic LP, the Lead will receive 9 Team Stickers;
  • for an Iconic LP, the Lead will receive 27 Team Stickers;
  • for a Legendary LP, the Lead will receive 81 Team Stickers.

4.2 — For any Qualified Referrals made, the Referrer shall receive a commission of 10% (the “Referrer Reward”) of the the in-app revenue generated by the Referee for a 120 days period from the date of creation of the account by the Referee. The Referrer Reward is payable in SRD. For the avoidance of doubt, referrals that do not qualify as Qualified Referral are not eligible for any reward.

4.3 — Except for delays due to technical reasons, Referrer and Referee Rewards are delivered to Referee’s accounts within seven (7) days of the date on which the Referee purchased its Collectibles on the primary market.

5. VIOLATIONS OF THE REFERRAL TERMS

5.1 — In case of actual, suspected and/or attempted fraud (particularly where the Referee is suspected of or is operating multiple accounts or is suspected of or has carried out otherwise fraudulent activity), violation of the T&Cs and/or these Referral Terms, the Company reserves the right to limit the relevant User from accessing the Services and/or participating in the Referral Program, and to undertake other action in connection with the relevant User account(s) pursuant to the Terms and Conditions, without prejudice to any legal action that may be taken by the Company against the relevant User.

6. MISCELLANEOUS

6.1 — The conditions and benefits set out in these Referral Terms may, at any time and without prior notice, be unilaterally updated. Continued participation in the Referral Program following an update shall constitute acceptance of the updated term(s).

6.2 — The Company reserves the right, in its sole discretion, to modify, limit, or discontinue the Referral Program at any time, each without penalty or further obligation to you.

‍

APPENDIX 2: AFFILIATE PROGRAM TERMS

Last updated: July 10th, 2024

1. SCOPE

1.1 — You may apply to and participate in the affiliate program (the “Affiliate Program") pursuant to the Terms and Conditions, these Affiliate Program Terms (“Affiliate Terms”). The Affiliate Program offers you the opportunity to earn a commission on revenue generated by other Users you have introduced to ScoreRush.

2. APPLICATION

2.1 —  In order to participate in the Affiliate Program, you must send an application here. In order to be eligible to apply, you must:

  • have a created an account on the Application;
  • accept and comply with the Terms and Conditions and these Affiliate Program Terms;
  • apply for participation in the Affiliate Program through the Website https://www.scorerush.game/affiliate-program. Your application must be accurate and complete to the best of your knowledge.

3. ACCEPTANCE AND PARTICIPATION

3.1 — The Company will notify you via email if your application has been accepted or declined. Acceptance depends on factors such as but not limited to the number of current Affiliate Program participants, community reach, relevance, etc. The Company reserves the right to accept or decline an application in its sole discretion, without any reason or prior notice.

3.2 — If accepted, you must sign a Master Agreement providing all the special conditions applicable to the participation into the Affiliate program.

3.3 — After you have successfully enrolled (“Affiliate” or “Affiliates”), you may use use the referral link from the Application’s Referral section or an affiliate link under the conditions indicated on the Affiliate Program, (the "Affiliate Link").

5. QUALIFIED LEADS

5.1 — To be considered as an Affiliate-referred User (a “Lead”), the following conditions must be met:

(i) The Lead must be a natural person, at least eighteen (18) years of age or the minimum age required in their country and separate from the Affiliate, who has never created a ScoreRush account and was not in the process of creating an account.

(ii) The Lead must:

  • a) create an account by accessing the Application through the Affiliate’s Affiliate Link;
  • b) accept the T&Cs.
  • c) purchase at least 19$ worth of ScoreRush Dollars (”SRD”) in the Application’s Shop within 120 days of creating an account. For the avoidance of doubt, purchases on the Secondary Market by a Lead will not count towards the conditions required for a Qualified Lead.

5.2 — If the Affiliate Link used by the Lead has been promoted, directly or indirectly, through or with the help of paid advertising, any referrals created via that promoted link will not be eligible for rewards under this Section.

6. AFFILIATE FEES, BONUS AND LEAD REWARDS

6.1 — In consideration of the qualified Leads made, the Affiliate shall receive a commission of at least 20% (the “Affiliate Fees”) including the Referrer Reward of 10% credited in SRD on the Affiliate’s Account), of the revenue (excluding any applicable taxes) generated by the Leads for a 120 days period from the date of creation of the account by the Lead.

6.2 — In consideration of the qualified Leads made, the Affiliate shall receive milestones bonuses (the “Affiliate Bonuses”) determined by the Company if one or more of the Leads make one or more (i) Subscription or (ii) Acquisition for a total amount of:

  • one hundred dollars (100$) or more;
  • two hundred dollars (200$) or more;
  • five hundred dollars (500$) or more;
  • one thousand dollars (1,000$) or more;
  • two thousand dollars (2,000$) or more;
  • five thousand dollars (5,000$) or more;
  • ten thousand dollars (10,000$) or more;
  • twenty thousand dollars (20,000$) or more;
  • fifty thousand dollars (50,000$) or more;
  • one hundred thousand dollars (100,000$) or more.

6.3 — The Affiliate understands and expressly agrees that the Company will only pay Affiliate Fees and Affiliate Bonuses due for Leads referred through the Affiliate Link automatically tracked and reported by the systems of the Company. The Affiliate understands and acknowledges that, unless proven otherwise, the tracking data of the qualified Leads kept in the information system of the Company, or other Third-Party Service will constitute the final and valid record of the Affiliate Fees and Affiliate Bonuses due. The Company will not be liable for any Affiliate Fees or Affiliate Bonuses not recorded.

6.4 — Affiliate Fees and Affiliate Bonuses are communicated and paid the month following the month in which the revenue was generated by the Lead. The Company shall send to the Affiliate, no later than the 15th of each month, a report of Leads revenue generated for the thirty (30) day period preceding the current month. The Affiliate shall have five (5) calendar days from receipt of the report to request any clarification with respect to the Report. In the absence of such a request, the Report shall be automatically deemed accepted by the Affiliate at the end of the five (5) day period referred to above (the "Acceptance"). The Company shall pay to the Affiliate’s legal entity the amount due mentioned in the report within fifteen (15) working days from the receipt of an invoice to the Company, following the Acceptance. This payment shall be made by crediting the Bank Account mentioned in the said invoice.

6.5 — In case of a Qualified Lead, the Lead will receive a one time bonus pack as a reward (the “Lead Reward”) containing Digital Goods amounting to 5% of the value of the first League Pass (”LP”) purchase. The Lead Reward includes 5 random Boosters of the same rarity of the first LP purchased and a variable number (”X”) of Teams Stickers from the same league as the first LP purchased, with X depending on the League Pass rarity:

  • for an Uncommon LP, the Lead will receive 1 Team Sticker;
  • for a Rare LP, the Lead will receive 3 Team Stickers;
  • for an Epic LP, the Lead will receive 9 Team Stickers;
  • for an Iconic LP, the Lead will receive 27 Team Stickers;
  • for a Legendary LP, the Lead will receive 81 Team Stickers.

7. OBLIGATIONS OF THE AFFILIATE

7.1 — The Affiliate agrees to create content on his/her/its social networks (such as Instagram, Facebook, Twitter, Snapchat, LinkedIn, Pinterest, YouTube, Tik Tok, Twitch) in which it presents the functioning of the Application, or more generally a functionality of the Application.

7.2 — In order to assist the Affiliate on the nature of the content, a member of the Company's team will send by email a brief on the essential characteristics expected of the said content.

7.3 — The Company authorises the Affiliate, under a personal, free, non-exclusive, non-transferable, and non-assignable sub-license, for the entire world and for the duration of his/her/its participation in the Affiliate Program (the "Sub-license"), to make a provisional reproduction of all or part of the Application and the "ScoreRush" brand for the purpose of fulfilling its commitments under his/her/its participation in the Affiliate Program.

7.4 — The Affiliate guarantees that the content respects the rules of courtesy and propriety applicable to any public communication made online. In this regard, it is hereby specified that the Company shall not be held responsible or liable for any content published by the Affiliate under the Affiliate Program, and more generally in which reference is made to the Application.

7.5 — Unless a clickable link to the Affiliate's referral page is inserted, a User's registration on the Application shall not be considered to have been generated by such content and therefore shall not give rise to an Affiliate fee or an Affiliate bonus. The proper use and communication of the Affiliate Link remains the sole responsibility of the Affiliate.

7.6 — Failure to generate at least one Qualified Lead within a 90-day period will result in automatically terminating the affiliation. Failure to generate at least one click on the Affiliate Link within a continuous 30-day period will result in automatically terminating the validity of the Affiliate Link, and the Affiliate will have to re-generate a new link from their Profile section.

7.7 — Subject to compliance with the foregoing, the Affiliated User is free to choose the form of content related to the Platform.

8. VIOLATIONS

8.1 — In case of fraud or attempted or suspected fraud or violation of the Terms and Conditions or these Affiliate Terms, the Company reserves the right to limit the relevant User from accessing the Services and/or participating in the Affiliate program, and to undertake other action in connection with the relevant User Account(s) pursuant to the Terms and Conditions, without prejudice to any legal action that may be taken by the Company against the relevant User.

8.2 — You acknowledge and agree that where you are reasonably found to have submitted fraudulent Leads for which you have been paid Affiliate Fee(s) of Affiliate Bonus(es) for, and/or if the your participation in the Affiliate Program has been accepted by the Company on the basis of false information, you will be liable to refund the Company the full amount of the Affiliate Fees and Affiliate Bonuses paid to you.

9. TERMINATION

9.1 — Either party may terminate the Affiliation at any time, without notice and without giving any reason. The party wishing to terminate the Affiliation shall send a Notice to the other party.

9.2 — The Company may terminate the affiliation if the Affiliate (i) violates one or more of the provisions of these T&C, (ii) behaves in a way that is detrimental to the image of the Application, the Company, (iii) fails to modify or remove one or more contents despite the Company's express request (iv) uses the Affiliate Program in a fraudulent, illegal or deceptive manner, (v) makes abusive or discriminatory comments on his/her/it social networks, even if not related to the Affiliate Program, (vi) is suspected of having links with a Person who behaves as described in this Article.

9.3 — Upon termination of the affiliation, the Company will send the Affiliate a Report of the activities of the Leads during the period starting the day after the day of the activity that gave rise to the last payment until the date of termination of the affiliation (the "Final Report").

9.4 — The Company's termination of the Affiliate participation into the Affiliate Program does not prevent the Company from claiming damages for any loss suffered as a result of the Affiliate’s actions in connection with the program.

10. MISCELLANEOUS

10.1 — The Company makes no warranties or representations as to the Affiliate’s eligibility to receive a fees or a bonuses under the Affiliate Program.

10.2 — The Affiliate hereby releases the Company from all liability for actions taken by the Affiliate in connection with the Affiliate Program.

10.3 — The Affiliate User agrees that in return for access to the Affiliate Program, he/she will no longer be entitled to any bonuses related to any referral giveaways, as well as any special referral missions.

10.4 — The Company shall not be entitled to any compensation or reimbursement of any costs incurred by the Affiliate in connection with its participation in the Affiliate Program.

10.5 — By joining the Affiliate Program, the Affiliate acknowledges that he/she/it is solely responsible for the outcome of his/her participation in the Affiliate Program.

10.6 — The information provided in the Affiliate Program that is not public is considered confidential and remains the exclusive property of the Company. As such, the Affiliate agrees to use such confidential information only to fulfill its obligations under the Affiliate Program. Notwithstanding any termination of the Affiliation, the Affiliate, also in his/her/its capacity as a User, agrees to maintain the confidentiality of the confidential information for the duration of his/her/its participation in the Affiliate Program and for a period of two (2) years after its termination.

10.7 — The Affiliate authorises the Company to use and distribute online any content published by the Affiliate on his/her/its social networks as part of the Affiliate Program without limitation in time. If necessary, it is specified that this use does not imply the transfer of the Affiliate’s rights to the Company on the said content, the Affiliate remaining the owner of the full rights on his/her/it publications. The Company is also authorised to use, reproduce, or display the Affiliate’s trademarks and logos on its social networks in order to communicate about the Affiliate Program.

10.8 — The Affiliate shall hold the Company harmless from any damage or liability incurred by the Affiliate in connection with its obligations under the Affiliate Program.

10.9 — The conditions and benefits set out in these Affiliate Terms may, at any time and without prior notice, be unilaterally updated. Continued participation in the Affiliate Program following an update shall constitute acceptance of the updated term(s).

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