Fortumax – Affiliate Terms and Conditions

The Affiliate’s contractual relationship with Fortumax.io in relation to the Affiliate Program is governed exclusively by these Terms and Conditions, the standard Affiliate Agreement, the completed Sign-Up Form, applicable payment plans, and any additional terms or guidelines provided by Fortumax.io via email or the Website (collectively, the “Agreement”), as may be amended from time to time. Fortumax.io, acting solely as a provider of marketing services, does not operate or offer any games of chance.

Upon first registration in the Affiliate Program, the Affiliate acknowledges and accepts the exclusive validity of the Agreement and agrees to the provisions thereof (as amended or modified from time to time).

The Agreement sets out the full terms applicable to the Affiliate’s participation in the Affiliate Program for the promotion of current and future Website(s). Translations may be provided for convenience, but the English version shall prevail in case of discrepancies. This also applies to any content on the Affiliate Tool or communications issued by Fortumax.io.

This Agreement defines the nature and terms of the relationship between Fortumax.io and the Affiliate, including provisions on breach and disciplinary action in case of non-compliance or misconduct. Fortumax.io aims to foster a long-term, mutually beneficial partnership and expects Affiliates to act in good faith, making enforcement of such clauses generally unnecessary.

Fortumax.io reserves the right to amend these Terms and Conditions as necessary, including due to regulatory changes or market developments. Any updates will be communicated to the Affiliate via email or the Website, as outlined in Clause 1.4.

Important: Please read this Agreement carefully before accepting. We recommend saving a copy along with any confirmation emails regarding tracker IDs, bonus codes, and commissions. For general enquiries, contact us via the contact form provided on the Website.

By registering and participating in the Affiliate Program, the Affiliate agrees to be bound by all terms set forth in this Agreement.

1. General

1.1 For registration with the Affiliate Program, the Affiliate must complete the Affiliate Sign Up Form. Following proper registration, Fortumax.io provides the Affiliate with login credentials via e-mail.

1.2 The Affiliate undertakes to maintain its data strictly confidential and not to provide any third party/parties access thereto. Any activity within the Affiliate Program under the Affiliate’s user name and password is automatically and solely attributed to the Affiliate. Prior to any out-payment, further details will be requested including, but not limited to, bank account details or details of any payment method into which monies due should be paid out, name and surname, registered or residential address (as the case may be), VAT number (where applicable) and contact details, including, but not limited to, telephone number. In the event that the Affiliate fails to provide sufficient and valid details, including but not limited to payment details, for a period of twelve (12) months from the date when the first attempt to pay out commissions due to the Affiliate is made, any such commission due shall be cancelled and forfeited by Fortumax.io. The Affiliate acknowledges that in such an event, the relevant commission shall not be recoverable.

1.3 The Affiliate warrants that the data it provides to Fortumax.io is accurate and correct and shall at all times remain responsible to keep all its data up-to-date. Fortumax.io shall not be responsible for verifying the accuracy or correctness of such data, however it reserves the right to suspend payments of any commissions due, or to impose penalties (which may be deductible from any commissions due) on the Affiliate in the event that it discovers that any of the data provided by the Affiliate is incorrect, inaccurate or not up-to-date.

1.4 Fortumax.io may modify these T&C; at any time, in its sole discretion. The revised version of the T&Cs; will be made available via the website and will take effect immediately upon publication. A notification may be sent to the Affiliate to inform of such change, at Fortumax.io’s discretion. Continued participation in the Affiliate Program following a change in the T&Cs; will be deemed to constitute acceptance of said change. If any modification is unacceptable to the Affiliate, it may terminate this Agreement in writing via the contact form provided on the Website. It is the Affiliate’s responsibility to visit the Affiliate Tool frequently to make sure it is up to date with the latest version of the T&C; and its provisions.

2. Definitions and Interpretations

In these T&C;, references to the following words shall have the meaning set out below, unless explicitly stated otherwise:

2.1 An Affiliate operates a website (“Affiliate Website”) where Fortumax.io marketing materials are displayed, linking directly to the Website(s) of Fortumax.io’s clients. The Affiliate refers potential customers via these links.

2.2 The Affiliate Program is a marketing initiative whereby Fortumax.io recruits Affiliates to place its marketing materials on their own Affiliate Website(s). Affiliates earn referral fees or commissions based on revenue, as agreed with Fortumax.io.

2.3 Affiliate Tool” refers to the platform provided by Fortumax.io at the designated URL (or any successor URL) including all related pages and systems operated or controlled by or on behalf of Fortumax.io.

2.4 ‘Affiliate Website’ is the website operated and owned by the Affiliate.

2.5 “Commission” refers to the amount payable to the Affiliate, calculated solely based on Fortumax.io’s system data and in line with these Terms and the applicable payment plan.

2.6 ‘Cost per Acquisition’ (or CPA) means the payment plan, where the Affiliate gets paid a referral fee for Real Money Players.

2.7 ‘Fraud’ means any fraudulent behavior as described in Article 10 (Fraud) of this Agreement.

2.8 “Intellectual Property Rights” (or “IPRs”) refers to all current and future intellectual property rights owned by Fortumax.io or its clients (on whose behalf Fortumax.io acts), as further outlined in Clause 7.1.

2.9 “Marketing material” means banners, text links, and other promotional content—potentially including trademarks and IPRs of Fortumax.io or its clients—provided through the Affiliate Program or pre-approved by Fortumax.io in writing.

2.10 “Minimum required revenue” refers to the minimum player revenue (or “offset”) required for commission eligibility, as specified in the Affiliate Tool after registration. This amount is confidential and may be changed by Fortumax.io via notice in the Affiliate Tool.

2.11 “Minimum required deposit” refers to the minimum deposit a player must make for the Affiliate to earn commission, as specified in the Affiliate Tool after registration. This amount is confidential and may be adjusted by Fortumax.io via notice in the Affiliate Tool.

2.12 “Commission base” refers to the revenue generated by a player, minus applicable administrative fees (e.g., bonuses and handling costs), and serves as the basis for revenue share calculations.

2.13 “Website” refers to any online platform promoted through the Affiliate Program on behalf of Fortumax.io’s clients, including all related pages through which players can register or access services.

2.14 ‘Payment Plan’ means the payment plan/s chosen by the Affiliate for each of the Affiliate’s trackers.

2.15 ‘Player’ means any person using the Services on the Website(s) whether attached to the Affiliate’s tracker or not.

2.16 ‘Player Account’ means a uniquely assigned account that is created for a Player when they successfully register for the services via a tracker URL.

2.17 ‘Real Money Player’ means any Player who is attached to the Affiliate’s tracker who:

2.17.1 has not previously held an account or been referred to any of Fortumax.io’s clients via the Affiliate Program

2.17.2  is not located and/or resident in a Restricted Territory;

2.17.3  has effected the Minimum Required Deposit;

2.17.4  has effected the Minimum Required Revenue;

2.17.5  has passed all applicable sign-up or identity verification steps;

2.17.6  has accumulated the required number of games duly notified to the Affiliate after registration with the Affiliate Program;

2.17.7  and meets any additional criteria set by Fortumax.io from time to time;

Fortumax.io may revise these qualification criteria via notice in the Affiliate Tool.

2.18 ‘Restricted Territory’ means Afghanistan, Canadian Provinces of New Brunswick, Ontario, China, Cuba, Central African Republic, Democratic Republic of the Congo, Haiti, Iran, Iraq, Israel, Libya, Myanmar, North Korea, Russia, Somalia, South Sudan. Syria, United Kingdom, United States of America, Yemen, Venezuela, all jurisdictions which are or may be included in the Financial Action Task Force (“FATF”) black list1, and/or any other country as chosen by Fortumax.io or its clients at any time by virtue of placing notice in these T&Cs; available with the Affiliate Tool.

2.19 “Revenue Share” means a percentage of the commission base generated by players referred to Fortumax.io’s clients, paid to Affiliates who choose the Revenue Share payment model, as agreed with Fortumax.io.

2.20 ‘Services’ means any product or service offered to Players on the Website(s).

2.21 “Tracker” refers to the unique URL provided by Fortumax.io to the Affiliate, used to monitor the activity of referred players and calculate commissions. Each tracker is linked to a specific tracker ID.

2.22 “Tracker URL” refers to a unique link used by the Affiliate to refer potential Real Money Players to the Website(s) of Fortumax.io’s clients. When a player registers, the Tracker URL is automatically logged and the referral is attributed to the Affiliate.

2.23 ‘Tracker ID’ is a unique identification number which identifies the Affiliate trackers.

3. Responsibility of the Fortumax.io

3.1 Fortumax.io makes no warranties, express or implied, regarding the Affiliate Program, any related websites, tools, or services, including their availability, accuracy, or fitness for a particular purpose. All such warranties are excluded to the fullest extent permitted by law. Fortumax.io and its providers are not obligated to maintain redundant systems or uninterrupted access.

3.2 Fortumax.io shall provide the Affiliate with a selection of advertising instruments e.g. logos, banners, graphics and other sales enhancing tools (hereinafter referred to as ‘marketing material’). Upon implementation of any marketing material on the Affiliate website, the Affiliate offers the users of the Affiliate website the opportunity to directly access the Website(s). Fortumax.io shall be entitled to modify, limit and/or provide new marketing material at any time.

3.3 Fortumax.io shall cover any costs related to the graphical display of the affiliate link.

3.4 Fortumax.io will track commission amounts and provide performance statistics, while its clients are responsible for managing referred players and handling all related customer service.

4. Responsibility of the Affiliate

4.1 The Affiliate shall be solely responsible to ensure that the set link is in compliance with all applicable law of all relevant jurisdictions that might be concerned and the Affiliate shall further indemnify and hold Fortumax.io harmless against any and all claims, demands, liabilities, losses, damages, costs and/or expenses resulting or arising (directly or indirectly) from any such breach of applicable law.

4.2 The Affiliate represents and warrants that the information provided to Fortumax.io in the online application form is correct, true and complete in all respects. The Affiliate shall promptly update such information if all or any part of it changes.

4.3 The Affiliate confirms that it operates the Affiliate Website under its own name and that it is fully and without any restrictions authorized to dispose thereof.

4.4 The Affiliate shall assume all costs incurred for the implementation of the link. In addition, the Affiliate undertakes to bear the costs related to the access to the Affiliate Website and display and/or delivery of the advertisement.

4.5 The Affiliate shall be solely and exclusively responsible for the proper technical incorporation of the link and for the technical operation of the Affiliate Website.

4.6 The Affiliate shall be solely and exclusively responsible for the development, operation, and maintenance of the Affiliate Website as well as for all material appearing on the Affiliate Website.

4.7 The Affiliate acknowledges and agrees that trackers are for the Affiliate’s sole use and the Affiliate shall not assign or sub-license (as appropriate) the Tracker ID or any commissions to any third party without Fortumax.io’s prior written consent.

4.8 The Affiliate warrants that it has independently evaluated the desirability of marketing the Website(s) or Services.

4.9 The Affiliate understands that gambling laws as well as laws regulating the promotion and marketing of games may vary from city to city, state to state and country to country. The Affiliate has independently evaluated all relevant laws and regulations that apply to its activities and has confirmed to its complete satisfaction that it may participate in the Affiliate Program without violating any applicable rules or laws.

4.10 Employees, directors, agents, or consultants of Fortumax.io or its clients (including their affiliated entities and vendors), as well as their immediate relatives (e.g., spouse, partner, parent, child, sibling), may not participate in the Affiliate Program or use the associated Website(s), except in the course of their duties or with prior written consent from Fortumax.io.

4.11 The Affiliate confirms that (s)he is entering into this Agreement for purposes related to his business and therefore cannot be considered a ‘consumer’ under applicable consumer protection laws.

4.12 The Affiliate shall not market the Website(s), Fortumax.io, its clients, services, or any associated intellectual property in any form without prior written approval from Fortumax.io, including but not limited to:

4.12.1 any website where Fortumax.io or its clients actively promote the Website(s);

4.12.2  any internet search engine campaigns that target the same audience as Fortumax.io or its clients;

4.12.3  any marketing activity that competes with Fortumax.io’s own promotional efforts;

4.12.4  or in any other way if instructed to cease such activity by Fortumax.io.

4.13 The Affiliate shall make sure that the Affiliate Website does not promote sexually explicit materials, is not targeted towards children or minors, does not promote violence, does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, does not promote illegal activities, is not targeted towards citizens from Restricted Territories, or does not violate any Intellectual Property Rights including Fortumax.io’s or its clients IPRs.

4.14 The Affiliate shall not directly, indirectly, nor shall the Affiliate authorise, assist or encourage any third party/ies to:

4.14.1 Develop or implement any marketing or PR strategy—directly or indirectly promoting Fortumax.io, its clients, the Website(s), or the Affiliate Tool—targeted at individuals under 18 years of age, or below the legal gambling age in the applicable jurisdiction, regardless of the local age of majority.

4.14.2  Place marketing materials on any online site or other medium, including the Affiliate website, where the content and/or material on such website, the links to such website, or medium is potentially libellous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, at Fortumax.io’s sole discretion, is otherwise deemed unsuitable, undesirable, or likely to cause reputational harm.

4.14.3  Use marketing materials in a manner that may potentially confuse or mislead a Player or potential Player;

4.14.4  Place marketing materials on any online site or other medium, including the Affiliate Website, where the content and/or material on such online site, the links to such website, or medium:

4.14.4.1 infringes any third party’s Intellectual Property Rights;

4.14.4.2 copies or make look-alikes of the Website(s) in whole or in part;

4.14.4.3 disparages Fortumax.io or its clients, or otherwise harms their goodwill or reputation in any way;

4.14.4.4 frames any page of the Website(s) in whole or in part;

4.14.5 Read, intercept, alter, record, redirect, or otherwise interfere with any electronic forms or materials submitted to Fortumax.io or its clients by third parties;

In any way alter, redirect any/or interfere with the operation or accessibility of the Website(s) or any page thereof;

4.14.6  Register as a Player on behalf of any third party, or authorize or assist (save by promoting the Website(s) and services in accordance with this Agreement) any other person to register as a Player;

4.14.7 Take any action that could reasonably confuse players about the relationship between the Affiliate, Fortumax.io, its clients, or third parties, or about the ownership or operation of the Website(s) or services. Any further reference to Fortumax.io requires prior written approval.

4.14.8 Publish or display any advertisements, communications, or promotional content related to the Website(s), services, or IPRs of Fortumax.io or its clients in conjunction with the Website(s) using techniques such as framing, pop-ups, pop-unders, or interstitials.

4.14.9 Cause any of the Website(s) (or any parts or pages thereof) to open in a visitor’s browser or anywhere else used for accessing the services other than as a result of the visitor clicking on banners or text links contained in or as part of marketing materials;

4.14.10 Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in the Affiliate Program;

4.14.11 Use any means to promote any of the Website(s) that resemble in any way the look and/or feel of any of the Website(s) whether in whole or in part, nor utilize any such means or site to create the impression that such sites are the Website(s) (or any part of the Website(s));

4.14.12 Violate the terms of use and/or any applicable policies of any search engines or the customer feedback facilities of e-tailers;

4.14.13 Attempt to contact any player, directly or indirectly, via the Website(s) to solicit them to another platform not owned by Fortumax.io’s clients, or for any other purpose, by any means (including email, forums, or chat) without Fortumax.io’s prior approval.

4.14.14 Market or promote (or attempt to promote) the services of Fortumax.io or its clients, or the Website(s), in Restricted Territories or jurisdictions where the offering or promotion of games of chance for real money is prohibited; attempt to bypass geo-restrictions imposed by Fortumax.io or its clients; or disguise the geographic location of a player.

If Fortumax.io, at its sole discretion, determines that the Affiliate has engaged in or attempted any of the above activities, it may withhold or forfeit commissions and/or immediately terminate this Agreement without prejudice to any other rights or remedies.

15 If the Affiliate markets, promotes, or distributes cloned, copied, altered, unlicensed, or otherwise unlawful content related to Fortumax.io, its clients, or affiliated entities, this Agreement may be terminated immediately. Fortumax.io reserves the right to take any legal action it deems appropriate, without limitation of its rights in this regard.

5. Reports

5.1 Fortumax.io will provide online reporting to each Affiliate detailing registrations, new Real Money Players, and commission payable.

5.2 Fortumax.io will enable Affiliates to access this information online. Should this not be possible at any stage, Fortumax.io will provide reports via e-mail detailing the information mentioned above. It is understood that access to the system is not a precondition for membership to the Affiliate Program.

6. Terms of Payment

6.1 Commission will be calculated once in a calendar month in accordance with the Affiliate’s chosen payment plans after the Affiliate has completed the registration process and/or when Fortumax.io has activated additional trackers.

6.2 For the avoidance of doubt, Fortumax.io has no liability to pay any currency conversion charges or any charges associated with the transfer of monies to the Affiliate. All these charges shall be borne solely and exclusively by the Affiliate.

6.3 There are two alternative payment plans from which the Affiliate can choose. The payment plan that the Affiliate chooses will apply to the Affiliate’s trackers within the Affiliate program, as follows:

6.3.1 CPA payment plan (also known as a Cost per Acquisition Plan) based on the amount of qualified Real Money Players that the Affiliate introduces via the Affiliate’s tracker ID, or

6.3.2 Revenue Share payment plan based on a share of the commission base generated by the Affiliate’s Real Money Players. The Affiliate is entitled to receive commission calculated according to the applicable payment plans that are allocated to the Affiliate’s trackers during the term of this Agreement or whilst the concerned Player is still active on the Website. To avoid doubt, the Affiliate will not be entitled to receive any commission for revenues generated by Real Money Players not generated via the Affiliate’s tracker URL or already registered on the Website(s) when this is not set out in the payment plans by the Affiliate as a Website(s) that is part of the Affiliate Program. Further, any payment is excluded for Players generated via fraud traffic, and if so considered, at Fortumax.io’s sole discretion.

6.4 Fortumax.io reserves the right to change an Affiliate’s commission payment plan towards future referrals, and if needed existing user referrals, for any of the following reasons but not limited to:

6.4.1 Non-performance; The affiliate does not perform according to the agreement(s) made.

6.4.2 Inactivity; The Affiliate has not promoted any campaigns or accessed their account for a continuous period of six months or more.

6.4.3 Suspicious activity; Including but not limited to; engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves fraud, whether of customers or other commercial entities.

Provided that this change is notified to the Affiliate via the provided Affiliate contact email.

6.5 The Affiliate acknowledges that under the Revenue Share Payment Plan, user revenue is calculated as the total amount wagered or debited from a player’s account, minus applicable deductions (e.g. bonuses, taxes, handling fees), which may vary per client platform. The resulting amount forms the commission base. Fortumax.io will inform the Affiliate in advance of any changes to the deduction structure, in line with Clause 1.4 of these Terms

6.6 Revenue Share plans may include an expiration period, meaning that commissions will only apply to user activity within a defined timeframe starting from the user’s registration via the Affiliate’s tracker. Activity beyond this period will not generate commission.

6.7 Commission will be paid to the Affiliate by Fortumax.io, where possible, via the chosen payment method within fifteen (15) days. Fortumax.io is not liable for delays caused by technical issues or events beyond its reasonable control.

6.8 If there are reasonable suspicions of fraud intended to increase commission, Fortumax.io may withhold current and future payments until the matter is resolved. If fraud is confirmed, no commission will be paid and the Agreement will be terminated with immediate effect.

6.9 Commission will only be paid once the Affiliate’s balance reaches the minimum threshold of one hundred euros (EUR 100). If this threshold is not met two weeks before the payout date, the amount will be carried over until the minimum is reached. The current threshold can be confirmed via the contact details provided in these Terms.

6.10 Unless otherwise agreed, negative revenues coming from casino operations will carried over to the next period.

6.11 The Affiliate is solely responsible for all taxes related to payments received under this Agreement. This includes income tax, social security contributions (if applicable), and any VAT or similar sales taxes. Payments made by Fortumax.io are considered inclusive of such taxes, and it is the Affiliate’s duty to ensure proper registration, collection, and payment in their country of residence or operation.

6.12 The Affiliate is responsible for issuing valid invoices in accordance with the applicable tax laws in their country of residence or establishment. Fortumax.io shall not be responsible for verifying tax status or VAT registration.

6.13 Fortumax.io may, at its discretion, issue a self-billing invoice based on the Affiliate’s reported performance. Affiliates are responsible for reviewing such invoices and must notify Fortumax.io within one (1) business day in case of discrepancies. If no objection is raised, the invoice shall be deemed accepted.

6.14 The Affiliate acknowledges that it is its/his sole responsibility to determine whether it/he is obliged to register for a VAT number and to collect VAT as per the regulations applicable in the jurisdiction of its establishment / his residence.

6.15 The Affiliate shall comply with all applicable laws and any policy notified by the Fortumax.io through the Website or otherwise in relation to money laundering and/or the proceeds of crime.

7. Intellectual property

7.1 For the purposes of this Agreement, Intellectual Property Rights means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof, including the words of the brand itself and/or any logo, mark, domain name or trade name that contains, is confusingly similar to or is comprised of Fortumax.io or its clients marks (or parts thereof) or any other name or mark owned from time to time by Fortumax.io or its clients or any third party.

7.2 The Affiliate acknowledges and agrees that all Intellectual Property Rights are exclusively vested, and shall remain vested, in Fortumax.io or its clients. The Affiliate further understands and agrees that it is prohibited from sub-leasing, reselling, licensing and/or distributing any intellectual property or rights thereon, to any third party/parties without the prior written consent of Fortumax.io and in particular undertakes to comply with the terms contained in appendix A.

8. Term and termination

8.1 This Agreement takes effect upon the Affiliate’s registration and remains valid until terminated by either party for any reason. Termination must be notified by email and takes immediate effect upon receipt. If the Affiliate wishes to terminate the Agreement, notice should be sent with the subject line “Affiliate Termination” to the contact email provided by Fortumax.io. Termination ends all participation in the Affiliate Program.

8.2 Notwithstanding the provisions of clause 8.1, the Fortumax.io reserves the right to terminate this Agreement with immediate effect or with effect from a specific date and with no obligation to pay any commissions due to the Affiliate on termination, if the Affiliate:

8.2.1 Is involved in cases of fraud or suspected fraud pursuant to the terms as described in Article 10 (Fraud) of this Agreement.

8.2.2 Violates one of the obligations under Clauses 4 and 7 and rules of these Terms and Conditions; or

8.2.3 Commits any other violation which Fortumax.io deems to be serious and warranting termination.

8.3 In case of termination as per Clause 8.1, the commission shall be calculated until the date of termination. The Affiliate will be entitled only to those unpaid referral fees if any earned by the Affiliate on or prior to the date of termination. In case of termination as per Clause 8.2, Fortumax.io will not pay the Affiliate the referral fees otherwise owing to the Affiliate on termination. Fortumax.io may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.

8.4 Immediately upon termination:

8.4.1 The Affiliate must remove the Fortumax.io or its clients marketing material from the Affiliate Website(s) and any other websites and disable any links from the Affiliate Website(s) to the Website(s).

8.4.2 All rights and licenses given/allowed to the Affiliate in virtue of this Agreement shall immediately terminate.

8.4.3 The Affiliate will return to Fortumax.io any confidential information and all copies of it in the Affiliate’s possession, custody and control and will cease any and all use of any trade names, trademarks, service marks, logos and other designations.

8.4.4 Fortumax.io may leave open, redirect or deactivate any tracker in Fortumax.io’s sole discretion without any obligation to pay the Affiliate for Players who subsequently become Real Money Players.

8.4.5 The Affiliate and Fortumax.io will be released from all obligations and liabilities to each other occurring or arising after the date of such termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.

9. Policies & Confidentiality

9.1 Fortumax.io’s clients retain full ownership of players from the first point of contact. The Affiliate acts solely as a provider of promotional services. Fortumax.io’s clients may refuse, suspend, or close player accounts at their discretion. If a previously suspended account is later reactivated, it may be reattributed to the original Affiliate, who will then be entitled to referral fees under the applicable commission model.

9.2 By opening a Player Account, the individual becomes a customer of Fortumax.io’s client, and all applicable rules, policies, and procedures of that client shall apply.

9.3 The Affiliate may receive confidential information from Fortumax.io, including marketing strategies, commercial structures, and payment details. This information is proprietary and must not be disclosed or used for any purpose other than fulfilling this Agreement, unless required by law and only to the extent strictly necessary.

9.4 The Affiliate agrees not to disclose or misuse Fortumax.io’s Confidential Information without prior written consent and shall use it solely for purposes of this Agreement. These confidentiality obligations remain in effect even after termination of the Agreement.

10. Fraud

Fortumax.io may immediately terminate this Agreement and impose a penalty equal to the commissions due, without prejudice to any higher damages, if it suspects or determines that fraudulent activity has occurred or is likely to occur.

10.1 Fraudulent activities by the Players include, but are not limited to, the following: charge backs, incorrect Player data, minor Players, chip dumping, money laundering;

10.2 Fraudulent activities by the Affiliate include, but are not limited to: sharing an IP address with a referred player, referring close relatives, failing to verify identity upon request, or if Fortumax.io has reasonable doubts about the Affiliate’s true identity.

10.3 “Fraud traffic” includes, but is not limited to: simulated or self-referrals, repeated registration of the same individual, use of stolen or fake data, spam, system manipulation, unauthorized use of third-party accounts, collusion, and misuse or alteration of marketing materials or intellectual property. Any determination of fraud traffic shall be made solely by Fortumax.io, regardless of whether actual damages have occurred.

10.4 If Fortumax.io reasonably suspects fraudulent activity related to commission generation, it will promptly inform the Affiliate of the issue. The Affiliate must resolve the matter within 72 hours. If unresolved to Fortumax.io’s satisfaction, the Agreement may be terminated immediately. Fortumax.io may withhold or recalculate commissions from the moment fraud is suspected and may forfeit any amounts linked to fraud traffic at its sole discretion.

11. Miscellaneous

11.1 Notices. Notices related to this Agreement will be sent by email: to the Affiliate at the address provided in the Sign-Up Form (or as later updated), and to Fortumax.io via the contact form available on its official website or affiliate portal.

11.2 Relationship of parties. This Agreement does not create any relationship of exclusivity, partnership, joint venture, employment, agency, or franchise between the Affiliate and Fortumax.io. Neither party may bind the other in any way, except as explicitly stated in this Agreement.

11.3 Non-Exclusive. The Affiliate understands and accepts that Fortumax.io may at any time (directly or indirectly), enter into marketing terms with other Affiliate/s on the same or different terms as those provided to the Affiliate in this Agreement and that such Affiliates may be similar, and even in competition with the Affiliate.

11.4 Press. The Affiliate may not issue any public statement, press release, or communication regarding this Agreement, Fortumax.io’s brand, or their participation in the Affiliate Program without Fortumax.io’s prior written consent, unless required by law or regulatory authorities.

11.5 Assignment. The Affiliate may not assign, transfer, sublicense, or subcontract any part of this Agreement or its rights and obligations without Fortumax.io’s prior written consent. Any attempt to do so without such consent shall be null and void.

11.6 Governing Law. This Agreement (including any amendments) shall be governed by and construed in accordance with the laws of Saint Lucia, without regard to its conflict of law principles. The Affiliate irrevocably agrees that the courts of Saint Lucia shall have exclusive jurisdiction over any dispute arising from or relating to this Agreement, and waives any objection based on venue or forum non conveniens. Fortumax.io reserves the right to bring proceedings in any other court of competent jurisdiction if necessary.

11.7 Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.

11.8 Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior or subsequent oral or written agreements on the same subject, except for amendments made by Fortumax.io in accordance with Clause 1.4. Each party confirms it has not relied on any representation or assurance not expressly stated herein and waives any related claims, except in cases of fraud.

11.9 Third-party rights. Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or statute.

11.10 No waiver by Fortumax.io. A breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provision.

11.11 The Affiliate shall defend, indemnify, and hold harmless Fortumax.io and its officers, directors, employees, and representatives from any claims, losses, damages, or costs (including legal fees) arising directly or indirectly from any breach of this Agreement by the Affiliate.

11.12 Fortumax.io’s obligations under this Agreement do not constitute personal obligations of its owners, directors, employees, or service providers. Except as expressly stated, Fortumax.io shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue, profits, or data. Fortumax.io’s total liability is limited to the commissions paid to the Affiliate over the 12 months preceding the event in question. This limitation does not apply in cases of death, personal injury caused by negligence, or fraud.

Appendix A: Intellectual Property Rights of Third Parties

1. Intellectual Property

The Affiliate shall guarantee that the material shown on the Affiliate Website does not infringe any rights of third parties (including copyright, patents and trade mark rights, the general right of personality or any other rights in the following “IP”). The Affiliate shall not copy or resemble the Website(s) in whole or in part, and frame any page of the Website(s) in whole or in part. The Affiliate shall not register or attempt to register any logo, trade mark, trade name, insignia, design, domain name or similar identifying material and shall not create any websites, groups, profiles (especially but not limited to www.facebook.com) that contain the IP or are confusingly similar to or are comprised of any of the IP.

2. Domain Names

The Affiliate shall not register or attempt to register domain names which are similar or confusingly similar to the Trademarks or Sites, or any other associated brands or companies, including (for avoidance of doubt) any misspellings or any phonetics. If the Affiliate registers any domain name that infringes on the branding of Fortumax.io or its clients, it must, upon request, immediately transfer such domain to Fortumax.io or a third party designated by Fortumax.io.

3. Bidding on Brand Terms

The Affiliate may not place, purchase, or register keywords, meta-tags, or similar identifiers in any search or advertising platform that are identical or confusingly similar to trademarks of Fortumax.io or its clients.

4. Approved Marketing Materials

The Affiliate may only use advertising creatives (e.g. banners, emails, logos, games, content) that have been approved by Fortumax.io. These materials may not be altered or used outside the Affiliate Tool. The Affiliate must not use materials in a way that could mislead players or place them on websites that infringe third-party intellectual property.

5. License to use Marks

Fortumax.io hereby grant the Affiliate a non-exclusive, revocable, non-transferable license, during the term of this Agreement, to use any IP with regards to the Approved Marketing Materials for the display on the Affiliate Website and for the sole purpose of the Agreement. This license cannot be sub-licensed, assigned, sold or otherwise transferred by the Affiliate without the Fortumax.io’s prior written approval. Fortumax.io has the right to terminate this license at any time by providing written or electronic notification to the Affiliate.

The Affiliate guarantees to maintain the email-address stored in the registration with the Affiliate Tool and inform Fortumax.io in any event, should this email-address change. A notification sent to this email address is accepted as sufficient for any communication regarding this contract. The Affiliate shall not contest the ownership of the IP, and shall not take any action that may invalidate or weaken the validity of the IP or diminish the IP associated goodwill.

The Affiliate shall not contest the ownership of the IP, and shall not take any action that may invalidate or weaken the validity of the IP or diminish the IP associated goodwill.

Upon notice from Fortumax.io, whether electronic or written, or upon termination of this Agreement, the Affiliate must immediately cease all use of intellectual property belonging to Fortumax.io or its clients.