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Terms & Conditions

1. Definitions 

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These terms and conditions apply between Ålands Penningautomatförening, Business ID 0280695-6, an association established by law and existing under the laws of Åland/Finland having its registered postal address at Lövdalsvagen 8, 22100 Mariehamn, Åland, Finland (hereinafter referred to as “Paf” and/or “Pafpartners”) and the Affiliate as defined below.

In these terms and conditions the following words and expressions shall have the following meanings:

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  • 1.1 ’Affiliate’ shall mean a natural or legal person that may or may not be associated with another as a parent, subordinate, subsidiary, or member who has registered and is accepted by Pafpartners as an Affiliate of the Affiliate Program in terms of this Agreement.
     

  • 1.2 ’Affiliate Program’ shall mean the affiliate program operated by Paf at Pafpartners.com and its subdomains.
     

  • 1.3 ’Commission’ means the commission to be paid to the Affiliate in terms of this Agreement, as defined in point 9.6
     

  • 1.4 ’Confidential Information’ shall mean:

    • 1.4.1 Any information of whatever nature, which has been or may be obtained by the Affiliate from Pafpartners and/or the Merchant and/or its Licensors, whether relating to Pafpartners or a Merchant’s information and whether in writing or in electronic form or pursuant to discussions between Pafpartners, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, Player lists, price lists, studies, findings, computer software, inventions or ideas.
       

    • 1.4.2 Analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition and includes any dispute between the Affiliate and Pafpartners or the Affiliate and a Merchant resulting from this Agreement.
       

  • 1.5 ’Copyright’ for purposes of this agreement shall be limited to the existing and future copyright in the trade mark devices, logos, getup, trade dress, websites, Marketing Material and/or trading styles relating to, or incorporated in, the Merchant Websites.
     

  • 1.6 ’Player’ shall mean a person or entity that the Affiliate directs in any manner to a Merchant of Pafpartners and who can be linked to the Affiliate’s Affiliate ID and who registers with said Merchant.
     

  • 1.7 ’Fraudulent Activity’ shall mean a deception which in the sole opinion of a Merchant of Pafpartners is deliberately practiced by a Player or an Affiliate in order to secure a real or potential, unfair or unlawful gain.
     

  • 1.8 ’Marketing Material’ shall mean various forms of branded, creative material, including but not limited to, online banners, html and text mailers, promotional material and other online and offline marketing material which Pafpartners may provide the Affiliate.
     

  • 1.9 ’Merchant’ shall mean Paf and its sub brands.
     

  • 1.10 ’Notice’ shall mean any written document or message.
     

  • 1.11 ’Parties’ shall mean Pafpartners, the Merchant and the Affiliate.
     

  • 1.12 ’Second-tier Affiliate’ shall mean a person or entity that the Affiliate directs in any manner to Pafpartners and who can be linked to The Affiliate’s Affiliate ID, where said person or entity becomes an Affiliate of Pafpartners.
     

  • 1.13 ’Spam’ means any electronic mail message, transmitted to multiple commercial electronic mail recipients from or through a computer, where said message is sent without clear and proven agreement on the part of the recipient to receive said message from the sender.
     

  • 1.14 ’Agreement’ shall mean this affiliate agreement, including the online application form, these terms and conditions and all appendices and annexures incorporated therein by reference, including all future updates and additions thereto.
     

  • 1.15 ’Written /Writing’ shall include e-mail or messages on Skype, msn or similar communication tool.
     

  • 1.16 ’Term’ shall be the term of this Agreement, commencing on the activation of the Affiliate’s account (approved date) and remaining in full force and effect until the Affiliate’s account is terminated in accordance with this Agreement (termination date).
     

  • 1.17 ’Total Wagers’ shall mean the total value of wagers placed by a referred Player.
     

  • 1.18 ’Total Payouts’ shall mean the total value of wins achieved by a referred Player.
     

  • 1.19 ’Profit’ shall mean the resulting gross profit generated by referred Players to any Merchant, where said gross profit is calculated as: Total Wagers minus Total Payouts.
     

  • 1.20 ’Bonuses’ shall mean the total value of free credits given to a referred Player by a Merchant.
     

  • 1.21 ’Progressive Contributions’ shall mean the total value to be deducted based on wagers placed on Progressive Games by a referred Player, where said deduction would be equal to a small percentage of the Total Wagers placed, based on predetermined parameters as dictated by Paf.
     

  • 1.22 ’Charge Back’ shall mean the total value of deposits made by a referred Player, which said Player has decided to reverse with his / her bank, and will thus be considered as void transactions applicable to said Player.
     

  • 1.23 ’Net Profit’ shall mean the resulting net profit generated by a referred Player, where the net profit will be calculated as:
    Net Profit = Gross Profit – Bonuses – Progressive Contributions – Charge Backs- Network Costs – Gaming Tax – Administration costs.
    1.23.1 ‘Gaming Tax’ is the tax rate applicable to Paf’s online gaming operations at any time. The Gaming Tax varies depending on applicable regulations in different license jurisdictions.
    For more information regarding the tax cost for certain countries please contact the Affiliate Managers.
     

  • 1.24 ‘Affiliate Managers’ shall mean the Affiliate’s contact person/s at the Merchant.

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2. Terms of Use

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  • 2.1 An Affiliate must successfully comply with the provisions of Clause 3 of this Agreement prior to this Agreement coming into force and effect. The Affiliates successful application to become an Affiliate in the Affiliate Program in terms of Clause 3 confirms the Affiliates acceptance of this Agreement and is subject to the Affiliates continued compliance with the terms and conditions of this Agreement.
     

  • 2.2 The Affiliate should be advised that many of the provisions of these Terms and Conditions are created and imposed for the benefit of the Merchant and or its Licensor, who has accepted all benefits so created and imposed.
     

  • 2.3 By applying to be registered as an Affiliate of the Affiliate Program, the Affiliate warrants that all of their marketing activities adhere to the EGBA code of conduct. Which can be found: http://www.eu-ba.org/en/about/conduct

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3. Appointment as an Affiliate 

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  • 3.1 Pafpartners may evaluate the Affiliate’s application on submission thereof.
     

  • 3.2 The Affiliate will provide proof of identification including, where possible, a government-issued identification number upon signing or upon request by the Merchant.. The Affiliate should also provide tax and/or VAT information upon signing or upon request by the Merchant.
    3.2.1 If a cost arises from tax or VAT not being paid by an Affiliate for their earnings coming through the Commission and that cost is being transfered over to the Merchant in any way, the Merchant have the right to deduct that cost from the future Commission.Breach of this clause may also lead to the termination of the Agreement as set out in clause 11.4

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  • 3.3 The Affiliate must also provide Pafpartners with a preferred method of payment for the payment of Commission.
     

  • 3.4 Affiliate will be notified, if reviewed, in a timely manner of Pafpartners acceptance or rejection of their application.The acceptance or rejection of any application made by an Affiliate is at Pafpartners sole discretion.
     

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4. Use of Marketing Material

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  • 4.1 Marketing Material
     

  • 4.1.1 Upon activation of the Affiliate’s account, the Affiliate shall be provided access to Marketing Material via the Pafpartners website, newsletters and Affiliate Managers.

    • 4.1.2 Without transgressing other obligations in terms of the Agreement, the Affiliate agrees to:

      • 4.1.2.1 Utilize new and updated Marketing Material as and when it is made available to the Affiliate by Pafpartners, to ensure accurate advertising and marketing of promotions on offer from the Merchant.

      • 4.1.2.2 The Affiliate shall, when using the Marketing Material, ensure said Marketing Material is applied exactly and accurately.

    • 4.1.3 A decision as to whether or not the Affiliate is complying with its responsibilities in terms of the use of the Marketing Material is left to the sole discretion of the Merchant. The Merchant’s decision in this regard will be final and binding on the Affiliate. Where deemed necessary, the Affiliate will take all action as required by the Merchant or its Affiliate Program to remedy the situation. Failing which, the Merchant and / or Pafpartners reserve the right to terminate the Agreement with immediate effect.

    • 4.1.4 The Affiliate may design Marketing Material on behalf of the Merchant, for the sole purpose of directing Players to the Merchant’s Website, but subject to the following terms and conditions:​

      • 4.1.4.1 The Affiliate will strictly adhere to the instructions and guidelines as set out by the Merchant in the use of and reproduction of all materials; images; content; etc. pertaining to the identity of the Merchant brand.

      • 4.1.4.2 The Affiliate will furnish Merchant samples of any marketing material created by the Affiliate before the Affiliate may use or display the marketing materials in any form or fashion.

      • 4.1.4.3 The Affiliate acknowledges that any and all Marketing Materials created by the Affiliate will at all times remain the property of the Merchant. The Affiliate acknowledges no claim or right of whatever nature in and to the Marketing Materials, other than those provided in terms of this agreement.

      • 4.1.4.4 The Affiliate shall not in any way represent that it has any rights of any nature to the Marketing Material, other than those that it enjoys in terms of this agreement.

      • 4.1.4.5 The Affiliate will take all reasonable steps to ensure that its employees, agents, contractors or representatives are made aware of its obligations in terms of this agreement and that it can give full effect to such obligations.

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5. Obligations - Pafpartners/Paf

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  • 5.1 Pafpartners will track Players and their deposits and their play where required. The Merchant has the right to refuse Players (or to close their accounts) if necessary, to comply with any requirements that they may establish, or where a Player is in clear violation of any terms and conditions as imposed by the Merchant, where compliance to such terms and conditions would have been agreed to by the Player at the time of registration.
     

  • 5.2 Pafpartners will provide the Affiliate with Marketing Material for the purpose of marketing and promoting the Merchant and the Merchant’s Website and Products.
     

  • 5.3 Pafpartners will provide reports to the Affiliate as a means to display performance of the Affiliate in terms of referred Players, their purchases, wagers, losses, revenues and Commission, with the purpose of illustrating Commission due to the Affiliate based on Player losses. The format, content and frequency of the reports may, at Pafpartners’s discretion, vary from time to time. Pafpartners will provide the Affiliate with secure access to these reports.
     

  • 5.4 Pafpartners will facilitate payment of Commission from the Merchant to the Affiliate based on Player losses generated from the Affiliate’s Players after they open an account with the Merchant. Pafpartners may in agreement with the affiliate choose to use a cost per acquisition model instead of the standard revenue share model. Any other reward model has to be approved in writing by a representative at Pafpartners. Pafpartners reserves the right to change payment terms at any time and for any reason, and will provide Affiliates with 30 (thirty) days written notice prior to making said change/s.

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6. Obligations - Affiliate

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  • 6.1 By applying to be registered as an Affiliate of Pafpartners, the Affiliate warrants that:

    • 6.1.1 The information the Affiliate provides Pafpartners on registration is complete, valid and honest;

    • 6.1.2 The Affiliate submitting the application has the full right, power and authority to enter into this Agreement on behalf of itself of any other entity; and

    • 6.1.3 The execution of and compliance with this Agreement, and the Affiliate’s obligations and duties hereunder, do not currently and will not in future violate any agreement/s to which the Affiliate are a party, or by which the Affiliate is otherwise bound and obligated.
       

  • 6.2 The Affiliate acknowledges that this Agreement does not grant the Affiliate an exclusive right or privilege to market Pafpartners or any of its Merchants
     

  • 6.3 The Affiliate shall have no claims to Commissions or other compensation on business or revenues secured by or through persons or entities other than the Affiliate.
     

  • 6.4 The Affiliate will not benefit from known or suspected traffic not generated in good faith. Pafpartners and its Merchants reserves the right to terminate this Agreement immediately should Pafpartners or its Merchants become aware of the Affiliate taking part in or benefiting from traffic which may, at the sole discretion of Pafpartners and/or its Merchants, be deemed as posing a threat to the image and/or normal operation of Pafpartners and/or its Merchants in the provision of services.

    • 6.4.1 The Affiliate acknowledges that it is not allowed to market towards the Finnish market (except from the Åland Islands) and/or on the Finnish language. Any marketing measures towards that region are subject to prior written approval from Paf.

    • 6.4.2 A breach of clause 6.4.1 implies that profit from Players attained through such marketing will not be included in the Commission payment. This decision will be at the sole discretion of Pafpartners and/or its Merchants.
       

  • 6.5 Pafpartners and/or its Merchants reserve the right to withhold any Commissions payable to the Affiliate at any time, should Pafpartners and/or its Merchants deem the Affiliate to be in violation of point 6.4 above, or found to be partaking in action/s or marketing practices deemed to not be in good faith as described in point 6.4 above, whether such action / marketing practice was directed from the Affiliate’s link with or without the Affiliate’s knowledge.
     

  • 6.6 The Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.

    • 6.6.1 Any form of Spam will result in the Affiliate’s account being placed under review and all funds due to the Affiliate being withheld pending an investigation.

    • 6.6.2 If Pafpartners and/or its Merchants incur expenses and/or damages in dealing with Spam generated mail or being blocked by third party Internet Service Providers, these same expenses and/or damages will be deducted from the Affiliate’s account. If this occurs, the amount of such expenses and/or damages as determined by Pafpartners and/or its Merchants will be deemed fair and final and acceptable to the Affiliate. Should these expenses and/or damages not be covered by funds in the Affiliate’s account, Pafpartners has the right to investigate other alternative means for obtaining payment.

    • 6.6.3 Should the Affiliate require more information regarding Pafpartners’s Spam policy, or should the Affiliate wish to report any incidences of Spam, the Affiliate should direct any questions and/or reports of Spam to: affiliates@pafpartners.com.

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7. Confidential Information

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  • 7.1 Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all Parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Pafpartners and/or its Merchants or the Affiliate, shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its 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 through a source or sources other than such party hereto or its Affiliates.
     

  • 7.2 During the term of this Agreement, the Affiliate may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Pafpartners, its Merchants and/or the Affiliate Program. The Affiliate agrees to neither disclose nor allow unauthorised use of the Confidential Information by third persons or outside parties unless the Affiliate has Pafpartners’s prior written consent, and that the Affiliate will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. The Affiliate’s obligations with respect to Confidential Information shall survive the termination of this Agreement. An Affiliate may not be a party (whether directly or indirectly) to any Fraudulent Activity.

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8. Data Protection 

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8.1 The Affiliate undertakes to comply with any relevant data protection laws in the jurisdiction in which the Affiliate are domiciled, and any jurisdictions in which the Affiliate operates.

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9. Commission 

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  • 9.1 The Affiliate is restricted to one Affiliate account only, unless otherwise agreed to in writing by Pafpartners management.
     

  • 9.2 The Affiliate shall not earn Commission on the Losses of a Player account, where such account registered with a Merchant belongs to the Affiliate, any Sub-Affiliate linked to the Affiliate, or the Affiliate’s employees or immediate family members, whether or not such Player account is in use for the purposes of testing or play with said Merchant or if the players are blocked for fraudulent or suspicious behavior.
     

  • 9.3 If the Affiliate is under another payment type such as Cost Per Acquisition or Cost Per Lead – the Commission will not be paid if the Players account is blocked or frozen from either the Merchant or Player’s side during the calendar month that the Commission was earned and one month afterwards.
     

  • 9.4 Pafpartners has and reserves the right to pass on any financial costs to the Affiliate’s account that may be incurred due to fraudulent activity by the Affiliate’s Players, and/or the Affiliate’s employees, which the Affiliate has introduced to the Merchant.
     

  • 9.5 Pafpartners will process the Commission earned by the Affiliate in the previous calendar month on the fifteenth (15th) day of the following month. Pafpartners shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.
     

  • 9.6 Payment shall be made by Pafpartners to the Affiliate by way of the preferred payment method selected by the Affiliate on registration or in their affiliate account, or where the method is amended / updated by the Affiliate before the Commission due is processed.
     

  • 9.7

    • 9.7.1 The minimum payment amount is €100. Any Commissions earned in a month equal to or greater than €100 will be paid via the Affiliate’s preferred payment method. Amount earned that is below this minimum threshold of €100 will be carried forward to the following month.

    • 9.7.2 Payments amounting to or exceeding 2000 € will be subject to an identification request (proper ID document and/or company registration certificate) which the Affiliate is obliged to fulfil before the transaction can be made.
       

  • 9.8 Pafpartners will pay the Affiliate a Commission equivalent to the rates and calculations applicable to its Commission Structure, as indicated below:Revenue share Revenue Tiers Potential Earnings
    25% €0-€ 3.000 €750
    30% € 3.001-€ 10.000 €3.000
    35% €10.001-€30.000 €9.500
    40% €30.001- Unlimited
     

  • 9.9 Any negative earnings that may be a result of a net win by the Players referred from the Affiliate will not be carried forward to the following month. The Commission will be reset to zero (0) at the 1 st of every month.

    • 9.9.1 A negative carryover may be implemented on case by case at the sole discretion of the Merchant.
       

  • 9.10 Clause 9.9 will not be valid for any Player/s that generates a net win from any Merchant over €20.000 during one calendar month. The Affiliate may then choose to remove the Player from the affiliate account, or quarantine that Player until net loss is recovered.

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10. Termination of this Agreement

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  • 10.1 This Agreement can be terminated by Pafpartners at any time should the Affiliate fail to comply with its obligations in accordance with this Agreement.
     

  • 10.2 Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
     

  • 10.3 Upon termination all rights granted to the Affiliate in any form in terms of this Agreement shall immediately terminate. The Affiliate must immediately remove any reference to Pafpartners and its Merchant or Merchant Website/s or Promotions or Player Offers from its website/s, and disable any form/s of traffic or links from its website/s or traffic sources to same.
     

  • 10.4 Upon termination, due to breach of this Agreement, and more precisely entire section of 3.2, 6.4, section 6.6, 10.7, 10.8.3.3 and 11.4, by the Affiliate , the Affiliate shall not be entitled to receive Commission/s resulting from any Player Net Losses, for the current month in which Termination occurred, or for any subsequent month/s after Termination Date.
     

  • 10.5 If Pafpartners or its Merchant continues to permit activity (generation of revenue) from Players directed by the Affiliate after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
     

  • 10.6 The Affiliate, Pafpartners and its Merchants, their electronic cash provider, suppliers, contractors, agents, directors, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate the Affiliate from any liability arising from any breach of this Agreement that occurred prior to termination.
     

  • 10.7 Pafpartners may terminate this agreement if it is determined at pafpartners sole discretion that the affiliate’s site is unsuitable. Unsuitable sites are, deemed to be, but not limited to, those sites that are aimed at children, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or are otherwise considered by Pafpartners to bring Pafpartners and/or its Merchants into disrepute, or prejudice the interests of Pafpartners and/or its Merchants in any way.
     

  • 10.8 Sale of Affiliate Business, Website or Domain;

    • 10.8.1 Pafpartners recognises that an Affiliate may wish to sell its Affiliate business, website and/or domain to a third party.

    • 10.8.2 Pafpartners reserves the right to discontinue the Affiliate account and/or terminate this agreement, should Pafpartners deem in its sole discretion that the new third party owner of the Affiliate business, website and/or domain is in violation of any terms outlined in this Agreement.

    • 10.8.3 If an Affiliate wishes to sell or otherwise dispose of the ownership of its Affiliate business, website and/or domain to a third party, the Affiliate shall be required, prior to completing the sale or transfer or ownership, to:

      • 10.8.3.1 Give Pafpartners no less than 15 (fifteen) days prior written notice of such intention, simultaneously provide such details as Pafpartners may request/require (which shall include, but not be limited to, the full details of the intended purchaser) and, furnish Pafpartners with an irrevocable consent and authority to pay the selling Affiliate’s Commission, after the sale is completed, to the purchaser.

      • 10.8.3.2 Make the deed of sale subject to the condition that Pafpartners approves such purchaser as an Affiliate of the Affiliate Program and that such intended purchaser shall, subject to Pafpartners approval (at Pafpartners sole discretion) join the Affiliate Program.

      • 10.8.3.3 If Pafpartners rejects the intended purchaser as an Affiliate of the Affiliate Program and the selling Affiliate nevertheless decides to proceed with the sale, Pafpartners shall terminate this Agreement insofar as it relates to the selling Affiliate, the business, website and/or domain sold and/or the purchaser.

  • 10.9 Death of Affiliate

    • 10.9.1 In the event of an Affiliate’s death, Pafpartners shall require that the executor of the deceased Affiliate’s estate (or similarly charged person) furnishes Pafpartners with certified copies of their authority to act on the deceased Affiliate’s estates behalf, the deceased Affiliate’s death certificate and proof of the deceased Affiliate’s beneficiaries’ identities.

    • 10.9.2 The Affiliate hereby agrees that Pafpartners shall not be obliged to pay his/her estate and/or beneficiaries any Commission due, unless:

      • 10.9.2.1 Pafpartners has received the information required in Clause 10.9.1 above;

      • 10.9.2.2 Any sums that may have accrued to the deceased Affiliate as Commission prior to his/her death (or would otherwise accrue thereafter) was accrued for a period of 12 (twelve) months after his/her death. The Affiliate hereby waives (on his/her behalf and on behalf of his/her estate, heirs, beneficiaries, successors or assigns) any rights that he/she (or they) may have to any further sums of money and/or Commission under this Agreement, where said Commission is accrued / generated after the period of 12 (twelve) months after his/her death has come to fruition.

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11. Relationship of Parties

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  • 11.1 The Affiliate and Pafpartners are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. The Affiliate shall have no authority to make or accept any offers or representations on Pafpartners’s behalf. The Affiliate shall not make any statement, whether on the Affiliates site or otherwise, that conflicts with this Clause.
     

  • 11.2 The Affiliate will not be treated as an employee with respect to any law, ordinance, rule, or regulation of any country whatsoever.
     

  • 11.3 The Affiliate shall not make any claims, representations, or warranties in connection with Pafpartners and/or its Merchants and the Affiliate shall have no authority to, and shall not, bind Pafpartners and/or its Merchants to any obligations outside of this Agreement, unless agreed to in writing by either Pafpartners and/or its Merchants.
     

  • 11.4 Affiliate is solely responsible for payment of any and all taxes and/or fees that may arise in connection with the Commission earned under this Agreement.The Affiliate warrants that it will pay any such applicable taxes and/or fees and the Affiliate shall keep Paf harmless from any claims whatsoever in this regard as set out in clause 12.1 below. If the cost is not covered by the Affiliate the Merchant may at its sole discretion terminate the Agreement and clause 10.4 can come into effect.

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12. Indemnity, disclaimers & Limitation of Liability

 

  • 12.1 The Affiliate shall defend, indemnify, and hold Pafpartners and/or its Merchants and their electronic cash providers, suppliers, contractors, agents, directors, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:

    • 12.1.1 Any breach by the Affiliate of any warranty, representation, or agreement contained in this Agreement;

    • 12.1.2 The performance of the Affiliate’s duties and obligations under this Agreement;

    • 12.1.3 The Affiliates negligence; or;

    • 12.1.4 Any injury caused directly or indirectly by the Affiliate’s negligent or intentional acts or omissions, or the unauthorises use of Pafpartners and/or its Merchants banners and links, or this Affiliate Program.

    • 12.1.5 Furthermore, the Affiliate will indemnify and hold Pafpartners and/or its Merchants harmless from all claims, damages, and expenses (including, and without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of the Affiliate’s site.
       

  • 12.2 Pafpartners makes no express or implied warranties or representations with respect to the Affiliate Program, Pafpartners or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Pafpartners makes no representation that the operation of its site (including service and tracking) will be uninterrupted or error-free. Pafpartners will not be liable for the consequences of any such interruptions or errors.

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13. Miscellaneous 

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  • 13.1 This Agreement will be governed by the laws of the Finland, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought on the Åland Islands, Finland and the Affiliate irrevocably consents to the jurisdiction of its courts.
     

  • 13.2 Both Parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this Agreement.
     

  • 13.3 Pafpartners’s failure to enforce the Affiliates strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Pafpartners’s right to subsequently enforce such provision or any other provision of this Agreement.
     

  • 13.4 This agreement will stay in effect for so long as Pafpartners makes this service available, unless this Agreement is terminated prior thereto pursuant to any right of termination set out in the Agreement.
     

  • 13.5 Pafpartners may amend, alter, delete, or add to any of the terms and conditions contained in this Agreement at any time and at Pafpartners’s sole discretion. Such amendments, alterations, deletions, or additions may be made on the basis that such amendments, alterations, deletions or changes are being made for the purposes of ensuring the financial and operational stability of Pafpartners and/or its Merchants.
     

  • 13.6 Any amendments, alterations, deletions, or additions to this Agreement shall be effective immediately upon notice, where such notice will be sent to the Affiliate via e-mail or by display on the Pafpartners website, and where possible, Affiliates will be notified in writing thirty (30) days prior to such addition / amendment / alteration / deletion is to come into effect. Should the amendments essentially increase the obligations upon the Affiliate, which is not required by law, the Affiliate may terminate the Agreement with one month’s written notice.
     

  • 13.7 The Parties agree that the Merchants and its Licensor/s shall be a Third Party to this Agreement. The Affiliate acknowledges that it is aware that the Merchants and its Licensor/s are relying on the provisions of this Agreement and promises made by the Affiliate. Accordingly, the Merchants and its Licensor/s may enforce any provisions of this Agreement as if it were a party hereto.

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​This Agreement has been drafted in English and translated into other languages. In the event of ambiguity between the English version and other language versions, the English version has priority.

 

 

Updated on the 18th of April 2016

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