Terms and conditions

Blossom Affiliates Program Agreement

General Terms and Conditions Version 1 – 1st of January 2023

Purpose of the Affiliate Program

This affiliate agreement (the “Agreement”) sets out the terms and conditionsregarding your Application to participate as an affiliate (the“Affiliate”/”you”) in the Blossom Affiliates program (the “Affiliate Program”).
The Application is available here login.blossom-affiliates.com/signup.php andmust be completed and submitted online for verification by Blossom Affiliates.When submitting an Application, you must agree and accept this Agreement (theTerms and Conditions) and Privacy Policy.
It is important that you read and understand this Agreement. By completing anApplication to join the Affiliate Program you are – subject to BlossomAffiliates’ approval of your application – agreeing and accepting to be boundby the terms and conditions of this Agreement. If you do not agree to thefollowing terms and conditions, you should immediately discontinue yourApplication. The Application shall be considered an integral part of thisAgreement.
1. Interpretation
1.1. This Agreement replaces all previous terms and conditions relating to theAffiliate Program or any previous affiliate program offered by BlossomAffiliates. You agree that this Agreement supersedes all previous agreementsyou have had with Blossom Affiliates or any Group Company (as defined below).
1.2. Blossom Affiliates may modify all or any part of the Affiliate Programand/or this Agreement at any time by providing 5 Business Days’ advance writtennotice of any such changes. If you do not agree to the changes, you may servenotice to terminate this Agreement under Clause 12.1 before the changes takeeffect and such changes will not apply for the duration of the notice periodset out in the said clause. If you fail to terminate this Agreement andcontinue to participate in the Affiliate Program you will be deemed to haveaccepted the changes made under this clause and shall continue to adhere tothis Agreement. The latest modified date of these terms and conditions will bedisplayed at the top of this Agreement.
1.3. The Affiliate’s continued participation in the Affiliate Program,including but not limited to acceptance of any payments and/or commissions (asdefined herein, including Affiliate Payments), after any notice is issued inaccordance with Clause 1.2 above, shall be deemed as a binding irrevocableaccept of the new terms and conditions and/or other changes in the AffiliateProgram.
1.4. If you have any queries or questions in relation to this Agreement, orwish to notify Blossom Affiliates of any matter related hereto, you may contactus at info@blossom-affiliates.com.
1.5. Definitions:
1.5.1. “Affiliate” means a person (whether an individual or a company) who hassigned up
to the Blossom Affiliates Program, and was duly approved by Blossom Affiliates,in order to promote the products and services of the Companies’ brands throughthe Affiliate’s Internet Site/s.
1.5.2. “Affiliate Payment” means the remuneration option applicable, includingRevenue Share, Hybrid Payments and/or CPA Payments, as applicable.
1.5.3. “Affiliate Program” means the affiliate program, that is, an Internetmarketing practice
that connects businesses (including Companies) selling products online withwebsites related to those products, as managed by Blossom Affiliates. Thewebsites are run by third parties (hereinreferred to as the Affiliates) whosell products and services for the Internet company (herein referred to theCompanies) and in return receive a commission.
1.5.4. “Affiliate Program Site” means the website at Blossom-affiliates.com.
1.5.5. “Application” means your application to join the Affiliate Program assubmitted via the
Affiliate Program Site.
1.5.6. “Blossom Affiliates” means the Affiliate Program subject to thisAgreement.
1.5.7. “Business Day” means any day from Monday to Friday 8am to 5pm GMT(excluding
Saturdaysand Sundays) which is not an official public holiday in Malta.
1.5.8. “Commencement Date” means the date on which Blossom Affiliates confirmsthat your
Application to join the Affiliate Program has been accepted.
1.5.9. “Company/ies” means the B2C operator offering online products toend-users via an
Internet website that partners with the Affiliate through the Program topromote its
brand/s, products and services.
1.5.10. “Confidential Information” means all information in any form relatingto a party (and
any Group Company in the case of Blossom Affiliates) (the “Disclosing Party”)that is directly or indirectly disclosed to the other party (the “ReceivingParty”), including any personal data and/or customer data, by any of theDisclosing Party’s employees, professional advisers or contractors before orafter the Commencement Date.
1.5.11. “CPA” means cost per acquisition, where the acquisition refers to theacquired Customer as defined in this Agreement.
1.5.12. “CPA Payments” means the CPA reward payments described in Clause 5.4.
1.5.13. “Customers” refers to a user who satisfies each of the following: (i)is a new end user who originates from your Tracking Code via your website,email newsletter or other method acknowledged and approved by us; (ii) uses thetracking mechanism connected to a Property Site and registers with thatProperty Site; and (iii) opens a player account as a result of registering withthe Property Site. For the avoidance of doubt, end users who are alreadycustomers at the Property Sites shall not be considered as “Customers” underthis definition. By opening an account with the Property Site, any Customerwill become the relevant Company’s customer and must comply with all theCompany’s applicable rules, policies, terms and conditions and
operating procedures.
1.5.14.“Data Protection Laws” means the EU General Data Protection Regulation
(EU2016/679), the Data Protection Act (Cap 440 of the Laws of Curacao) and thePrivacy and Electronic Communications (EC Directive) Regulations 2003, and allapplicable laws and regulations relating to the processing of personal dataand/or privacy in effect in any relevant territory and as updated from time totime.
1.5.15. “Dormant Affiliate” means an Affiliate account, showing no or close tono acquisition activityfor a period of 60 days.
1.5.16.“Good Industry Practice” means the exercise of that degree of skill,diligence, prudence and foresight which would reasonably and ordinarily be expectedfrom a skilled and experienced contractor acting in good faith.
1.5.17. “Group Company” means Blossom Affiliates and any body corporate whichis from time to time a holding company of that company, a subsidiary of thatcompany or a subsidiary of a holding company of that company (“holding company”and “subsidiary” having the meanings attributed to them by the Companies Act ofthe Laws of Malta) and shall include any company in which a Group Company has ashareholding of 50% or more.
1.5.18. “Hybrid Payment” means the hybrid payments described in Clause 5.5.
1.5.19. “Immediate family” means your spouse, partner, parent, child orsibling.
1.5.20. “Internet Site” means your website/s located at the web address(es)provided to Blossom Affiliates in your Application or as subsequently changedfrom time to time and notified to and approved by Blossom Affiliates via theAffiliate Program Site, which is operated by the Affiliate for the purpose ofdirecting Customers to the Property Sites.
1.5.21. “IPR” means intellectual property rights, including any and allpatents, trademarks, service marks, rights in designs (including semi-conductortopography design rights

and circuit layout rights), get-up, trade, business or domain names, goodwillassociated with the foregoing, e- mail address names, copyright includingrights in computer software (in both source and object code) and rights indatabases (in each case whether registered or not and any applications toregister and rights to apply for registration of any of the foregoing), rightsin inventions and web-formatting scripts (including HTML and XML scripts),know-how, trade secrets and other intellectual property rights which may now orin the future subsist in any part of the world including all rights ofreversion and the right to sue for and recover damages for past infringements.
1.5.22. “Net Gaming Revenue” means: gross gaming revenue (total gross bets less total payouts), minus bonuses, and Admin Fees (where “Admin Fees” includes jackpot contribution,game fees,
game licenses, game royalties, finance and processing fees (including depositfees)
andapplicable taxes).
1.5.23. “Party/ies” means the parties or any one party to this Agreement.
1.5.24.“Person” means any natural person, firm, partnership, association,corporation,
company, trust or other entity.
1.5.25. “Privacy Policy” means the privacy policy issued by Blossom Affiliatesrelating to the Affiliate
1.5.26. “Property Sites” mean the Companies’ websites that participate in the BlossomAffiliates
Program as notified to Affiliates from time to time. As part of BlossomAffiliates’ and the Companies’ efforts to maintain the integrity of theProperty Sites, all websites deemed a copy of any of the Properties’ Sites willbe asked to remove all suspect/plagiarized content. A website will be classedas having enough similar content to jeopardize a Property Sites in any one ofthe search engines if there is as little as 15% copied content. Should the copynot be updated within 5 working days, your Affiliate Account and all AffiliatePayments will be suspended pending review of the situation.
1.5.27. “Revenue Share” means the revenue share payments described in Clause5.3, which iscalculated as follows (unless otherwise agreed):
Reward 35% of Net Gaming Revenue
1.5.28. “Sub-Affiliate” means the sub-affiliate as defined in Clause 6, thatis, means a person engagedwith the Affiliate, for the intention of drivingtraffic to the Property Sites.
1.5.29. “Tracking Code” means a code that identifies you as an Affiliate.
1.5.30. “Tracking Links” means hypertext links (either a banner or text link)downloaded from the Affiliate Program Site that link the Internet Site to theProperty Sites webpages or
any other site owned or controlled by Blossom Affiliates or any Group Company.
1.5.31. “Us”/“we”/“our” means Blossom Affiliates and its Group Companies.
1.5.32. “You”/“your” means you in your capacity as an Affiliate, and any Sub-Affiliates which you may engage pursuant to this Agreement.
1.6. In this Agreement (except where the context requires otherwise):
1.6.1. any phrase introduced by the terms including, include, in particular orany similar expressionshall be construed as illustrative and shall not limitthe sense of the words
preceding those terms;
1.6.2. the singular includes the plural and vice versa; and
1.6.3. reference to a statute or statutory provision is a reference to thatstatute or statutory
provision and to all orders, regulations, instruments or other subordinatelegislation made under the relevant statute.
2. Application
2.1. Following submission of your Application, Blossom Affiliates will reviewthe information provided and may request the provision of documents andadditional information to support your Application and verify your business.Failure to submit the requested information and/or documents may result in therefusal of your Application.
2.2. If Blossom Affiliates accepts and approves your Application you will benotified in writing that you may participate in the Blossom Affiliate Programas an Affiliate and will be granted access to your Affiliate account accessiblevia the Affiliate Program Site. This portal allows you to have a single pointof access to information relating to Blossom Affiliates and the AffiliateProgram, including Tracking Links, reports, statements, etc. and allowsfacilitates your collaboration with Blossom Affiliates.
2.3. Once you are an approved Affiliate, Blossom Affiliates will notify youwith the applicable terms and conditions specific to your account (such as therelevant Commission Option) and which will apply in addition to, and which willbe considered to be an integral part of, this Agreement. These specific termsand conditions will also stipulate the Commencement Date.
2.4. Following confirmation of acceptance by Blossom Affiliates, you mayrequire additional approvals and/or confirmation from the relevant Companies ona case by case basis, in which case Blossom Affiliates will guide youaccordingly.
2.5. Upon acceptance of your Application, Blossom Affiliates grants you anon-exclusive, non- transferable, revocable licence or right, during the termof this Agreement, to use our services in accordance with the terms of thisAgreement.
2.5.1. Specifically, in consideration of you making the Tracking Linksavailable on the Internet Site and subject to the terms and conditions of thisAgreement, Blossom Affiliates will procure that you are granted anon-exclusive, non-transferable, terminable licence to use the Tracking Linkson the Internet Site in accordance with the terms and conditions set out inthisAgreement.
2.6. It is Blossom Affiliates’ policy to prohibit and actively prevent moneylaundering and any activity that facilitates money laundering or funding ofterrorist or criminal activities or any illegal activities. We will verify youridentity before accepting your Application.
2.7. Prior to and/or following your approval as an Affiliate, BlossomAffiliates shall have the right to request the provision of additionalinformation and/or documents for due diligence purposes at any time. TheAffiliate understands and agrees that it may be required to provide additional
information and/or documentation as a result of the due diligence processundertaken by any one or more Companies at any time. Failure to adhere to anysuch requests may result in the termination of this Agreement in terms of Clause12.1.
2.7.1. The information referred to in Clause 2.6 includes but is not limitedto, proof of identity; proof of address; incorporation documents; companyand/or group structure; verification documents regarding board members,directors, shareholders and beneficiaries; power of attorney; confirmation orotherwise of any political connections, sanctions, and adverse media; and anyother corporate documents and/ or certificates.
2.7.2. You agree to provide us with any supporting documents, which we may requestfrom time to time, including any documents and/or information requested by anyone or more Companies.
2.8. Any information that we request is to ensure a safe environment andprevent any fraudulent, illegal activities. If we believe that any informationand/or documentation provided might be inaccurate or falsified we reserve theright to suspend such Application or account. We will not be providing duediligence documents or personal data to any third parties, unless such requestis required by applicable law or the Companies. We will notify you in the caseof the latter. We treat your information and data, as highly confidential andwe assure that we handle such information in accordance with the applicablelaws and our Privacy Policy.
2.9. Blossom Affiliates reserves the right to refuse any registration in itssole and absolute discretion without giving any reason for such refusal. 3.Qualifying Conditions
3.1. It is a condition of this Agreement that you will not do any of thefollowing:
3.1.1. display the Tracking Links other than on the Internet Site/s approved byBlossom Affiliates;
3.1.2. display the Tracking Code in any offline media without BlossomAffiliates’ prior written
3.1.3. display data from the Tracking Links via any electronically accessiblemedium other
than the Internet Site without the express written consent of BlossomAffiliates;
3.1.4. do anything that would cause Blossom Affiliates to believe that aCustomer has clicked through the Tracking Links to register for an account whenthat is not the case,
sometimes known as ‘cookie stuffing’; and/or
3.1.5. use the Tracking Links or Tracking Code in a way which proves or islikely to prove
detrimentalto Blossom Affiliates.
4. Warranties, Representations and Obligations
4.1. You warrant and undertake that:
4.1.1. the information you have provided Blossom Affiliates is complete, validand truthful, as is
any other information you will provide thereafter during the term of thisAgreement;
4.1.2. all information you provided in your Application is correct and that youwill notify Blossom Affiliates promptly of any changes, provided that BlossomAffiliates shall have the right to terminate your Agreement and exclude youfrom the Affiliate Program in the event
that the said changes are not in line with its policies and procedures;
4.1.3. you have full capacity and authority to enter into this Agreement andany other
documents executed by you that may be associated with this Agreement;
4.1.4. the execution of this Agreement, and your performance of yourobligations and duties hereunder, do not and will not violate any agreement towhich you are a party or by
which you are otherwise bound;
4.1.5. you will at all times conduct yourself with all due skill, care anddiligence, including
Good Industry Practice, and in accordance with your own established procedures,any directions,
policies and procedures issued by Blossom Affiliates from time to time and allapplicable laws (including marketing laws), enactments, orders, regulations andother similar instruments;
4.1.6. you will comply with Blossom Affiliates’ security guidelines andrequirements as may be issued by Blossom Affiliates from time to time whetherin writing or otherwise;
4.1.7. you will keep secret and not allow anyone else to use your login andpassword details for the Affiliate Program Site. Blossom Affiliates is in noway responsible if a third party accesses your account and if that may resultin loss or for transactions made by unauthorized third parties;
4.1.8. you will keep yourself notified and updated on any legal changes andchanges in the terms and conditions and other policies of the Property Sites toavoid any potential losses or disputes;
4.1.9. you will not directly or indirectly offer any potential Affiliate orSub-Affiliate any incentive (including payment of money and/or other benefit)to use the Tracking Links and/or TrackingCode;
4.1.10.you have obtained and will maintain in force all necessaryregistrations, authorisations, consents and licences to enable you to fulfilyour obligations under this Agreement and that you will fully comply with allapplicable laws and regulations including any advertising codes;
4.1.11. the Internet Site is not in any manner whatsoever, whether directly orindirectly, aimed at people under 18 years of age;
4.1.12. the Tracking Links will not be placed on any Internet Site which may beaimed at people under18 years of age;
4.1.13.the Internet Site will not contain any material which is defamatory,violent, pornographic, unlawful, threatening, obscene or racially, ethnically,or otherwise discriminatory or in breach of any third-party rights (includingIPR) and shall not link to any such material; 4.1.14. you will always includeinformation about the terms and conditions applicable to any promotion (with alink to the said terms and conditions) and any other reasonable requirementsdepending on the relevant jurisdiction.
4.1.15. you will not seek to challenge the validity of IPR belonging to BlossomAffiliates or any Group Company;
4.1.16. you will use all reasonable endeavours to display the Tracking Linksand Tracking Code on theInternet Site without interruption for the duration ofthis Agreement;
4.1.17. you will ensure that all communications originating from you relatingto Blossom Affiliates or
the Property Sites make it clear that such communications are sent by and onbehalf
of you (and not from or on behalf of Blossom Affiliates or the Property Sites);
4.1.18. you will not edit, alter or amend any marketing, promotional and/orcreative materials
whichhave been produced by or on behalf of Blossom Affiliates;
4.1.19. you will not encourage or assist any Affiliates to breach any terms andconditions
agreed to when opening an account with Blossom Affiliates or a Group Company;
4.1.20. you will not, and you will not encourage or assist any Affiliates (orSub-Affiliates) to, engage in behaviour which in Blossom Affiliates’ reasonableopinion breaches the terms or abuses the spirit of the Affiliate Program, apromotion, competition, tournament or
offer operated by Blossom Affiliates or a Group Company; and
4.1.21.you will carry Customer acquisition at all times in accordance with theterms of
Affiliate Program and this Agreement. A Dormant Affiliate account, showing noor close to none acquisition activity for a period for 60 days will see theirdeal reviewed with a 5% revenue share decrease every month. A Dormant Affiliateaccount with no or close to no acquisition activity for a period of 180 days ormore will be closed.
4.1.22. you will not register any domain names or register keywords, searchterms or other identifiersfor user in any search engine, portal, sponsoredadvertising service or other search or referral service that incorporate termswhich are identical or similar to ‘Blossom Affiliates’ or any other trademarksowned by Blossom Affiliates or a Group Company and you will at all times complywith such reasonable guidelines for the use of such trademarks as may be issuedfrom time to
time. Blossom Affiliates’ decision on whether any marketing is in breach ofthis clause shall befinal and there shall be no appeal from such decision.
4.2. By entering into this Agreement you explicitly agree that you will not useadware, spyware or any other method of manipulating traffic to generate suchtraffic. You are bound by this Agreement not to use the practices such as, butnot limited to, spamming SMS/text messaging, pirated content locking, andsocial phishing/spamming. Blossom Affiliates has zero tolerance for sendingspam and unsolicited emails and prohibits the use of third- party, purchased,rented, or harvested lists. Any Affiliate found to be sending spam will beterminated immediately and subjected to possible legal action.
4.3. You shall not engage in spamming and must at all times practice“Netiquette”, this includes any attempt to spam a user through the chatfunctionality in the participating Property Site’s chat facility. We considerany unsolicited, unexpected or unwanted SMS sent to a Customer in order toextort their valuables, mislead them or any message originating from someonethe Customer has not specifically authorized to have their mobile number to bespammed. The Affiliate must NOT send SMS messages containing any reference to,or in any way connected with, a Property Site or other website, without theexpress consent of Blossom Affiliates. Once such consent has been granted by BlossomAffiliates, SMS messages may only be sent provided they comply with commonlyaccepted opt-in rules, meaning the Customer has consented to receiving SMS fromyou, and is given the option to opt-out in each SMS. In addition, all emailmarketing must be based on commonly accepted opt-in rules, meaning the user hasconsented to receiving the email from you, and is given the option to opt-outin each email. You shall not be entitled to earn referral fees from referredCustomers generated in bad faith or arising from misleading, unlawful,unauthorized advertising and/or promotion. In the event that we determine thatyou have engaged in any form of unauthorized advertising or promotion, orengaged in any misleading, unlawful or bad faith activities (regardless ofwhether you had knowledge of the same), we reserve the right to take variousactions including, but not limited to, withholding and forfeiting of referralfees and/or immediately terminating this Agreement without right of recourse orcompensation for the Affiliate.
4.4. Blossom Affiliates closely monitors the Affiliate’s Internet Site/s andshall have the right to request the Affiliate to implement necessary changesand the Affiliate is obliged to do so. Such requests to implement changes tothe Affiliate’s Internet Site/s may also originate from the Companies. Failureto comply with any such request may lead to temporary or permanent suspensionof the Affiliate’s account with the Affiliate Program.
4.5. You agree that:
4.5.1. you or your Immediate Family may not become Customers and you shall notbe
entitled to any payment under this Agreement in relation to such persons;
4.5.2. Blossom Affiliates may monitor the Internet Site to ensure you arecomplying with the terms of this Agreement and you will provide BlossomAffiliates with all data and information – including a test account with thesame functionalities as a user account– to enable Blossom Affiliates to performsuch monitoring at no cost to Blossom Affiliates; and
4.5.3. the Electronic Commerce (EC Directive) Regulations 2002 will not applyto this
4.5.4. all Customer personal data and information shall belong exclusively tothe Companies.
4.5.5. you will not process (and retain) any personal data (as defined in DataProtection
Laws) pertaining to the Customers except as specified in this Agreement.
4.6. You warrant that:
4.6.1. you are not and have never been engaged in any activity, practice orconduct which would constitute an offence or an illegal activity.
4.6.2. you have not been the subject of any investigation, inquiry orenforcement proceedings by any governmental, administrative or regulatory bodyor any customer regarding any offence or alleged offence, and no suchinvestigation, inquiry or proceedings have been threatened or are pending andthere are no circumstances likely to give rise to any such investigation,inquiry or proceedings.
5. Payments
5.1. In consideration of the display of the Tracking Links and Tracking Codeand introducing Customers,you will be entitled to payment on the followingterms.
5.2. You will be able to indicate your initial preferred Affiliate Paymentoption (“Commission Option”) upon having been approved to join the AffiliateProgram following the submission of your Application. The chosen option will beconfirmed by Blossom Affiliates once we accept your Application and will be payablein arrears in accordance with this Clause 5. Provided that the Revenue Shareshall constitute the default Commision Option and any other Commission Optionshall only be valid following prior written confirmation by the Company, BlossomAffiliates and the Affiliate. The Affiliate accepts that additional terms andconditions may be applicable depending on the applicable Commission Option.
5.3. Subject to these terms, if you select a “Revenue Share”, the Company shallpay you the applicable percentages of Net Gaming Revenue (that is, the RevenueShare) for as long as a Customer has an account with the Property Sites via theBlossom Affiliates brands or a Group Company.
5.4. If a CPA Payment deal is offered by Blossom Affiliates, confirmed by theCompany and accepted by the Affiliate, the Company shall pay you the selectedpayment or current standard payment whichis payable in accordance with theterms on the Affiliate Program Site.
5.4.1. You shall be entitled to a one-off commission based on a number offirst-time registering and depositing Customers directed to the Property Siteswho have successfully met minimum deposit (baseline), wagering and/or otherrequirements as per prior notification by Blossom Affiliates and/or theCompany. These amounts are at the discretion of Blossom Affiliates and wereserve the right to change these amounts with prior
written notice at any time.
5.4.2. All CPA deals are subject to a 24-hour termination policy (irrespectiveof Clause 1.2).
5.4.3. Blossom Affiliates’ decision with regards to this will be consideredfinal and no further
correspondence will be entered into. Right of admission to the CPA Paymentprogram will bereserved at all times and for any reason. If we determine, inour sole discretion, that you are enrolled in the CPA Payment program to benefitfrom it by referring Customers that we deem not legitimately interested in therelevant products or services available via the Property Sitesor of a similaraverage value to the current Customers registered via the Property Sites, wereserve the right to terminate your participation in the Affiliate Program withimmediate effect. Should this occur, from the moment of your notification, yourCPA Payment generatedon existing or new referred Customers will be forfeitedand considered null and void with no further correspondence entered into.
5.4.4. A new depositing Customer that is suspended and/or blocked or blockshim/herself because of responsible gaming reasons, within the same calendarmonth as they trigger a CPA, may be excluded from the CPA Payment or HybridPayment deal. In that case the Revenue Share partof the Hybrid Payment dealwill remain and for CPA affiliates a flat 35% Revenue Share will beapplied.
5.5. If a Hybrid Payment deal is offered by Blossom Affiliates, confirmed bythe Company and acceptedby the Affiliate, the Company shall pay you:
5.5.1. the selected CPA Payment payable in accordance with the terms onAffiliate Program Site;and/or
5.5.2. the selected Revenue Share percentage for as long as each Customer hasan account inaccordance with this Agreement.
5.6. Blossom Affiliates, following a request by a Company or at its solediscretion, may withdraw any one or more Commission Option/s at any time bygiving notice to you and/or change the terms relating to Affiliate Payments.You will then be required to select another Commission Option via the AffiliateProgram Site which will apply to any Customers whose date of first registrationis on or after your date of selection, subject to prior written approval by BlossomAffiliates and the Company.
5.7. You will be able to review statements showing the number of Customersintroduced by you via the Tracking Links or using the Tracking Code, if any,which have accrued over the course of the calendar month, using the AffiliateProgram Site. Such statements are for information purposes only. BlossomAffiliates will endeavour to ensure that such statements will be updated by theCompany daily but is under no obligation to do so. Provided that you havereached the threshold set out in Clause 5.8, Blossom Affiliates will, at the endof a calendar month, inform you of the amount of the Affiliate Payments, ifany, for the preceding calendar month (the “Amount Due”).
5.8. In the event that the Amount Due for a calendar month is a negativeamount, the Company will not carry forward or set off such negative amountagainst Amounts Due for future months which would otherwise be payable to you.If the Amount Due for a particular calendar month does not exceed 100 EUR orthe equivalent in any other currency, the Company will be entitled to withholdand carry forward such amount to the end of the next calendar month in whichthe Amount Due (including any sums carried forward in this way) exceeds 100 EURor the equivalent in any other currency, at which time payment shall be made inaccordance with Clause 5.9.
5.9. Subject to Clause 5.8, Amounts Due to you in respect of a calendar monthwill be paid by the Company within 30 days of receipt of your invoice for theamount due. Blossom Affiliates and/or the Company shall have the right todispute any invoices issued by yourself and may request the submission ofadditional information to verify the Amounts Due. The aforementioned 30-dayperiod starts running upon confirmation of acceptance by the Company and BlossomAffiliates. 5.10.Unless otherwise agreed, all payments made to you by theCompany under this Agreementshall be:
5.10.1. deemed exclusive of any VAT or other tax payable; 5.10.2. paid inEuros.
5.11.You are required to enter your payment information in your Affiliateaccount on the Affiliate Program Site to ensure that Affiliate Payments areprocessed on time (only Affiliates are responsible for such information and thevalidity of it).
5.12. In the event that a Customer:
5.12.1. has been introduced in breach of any term of this Agreement;
5.12.2. makes an initial deposit which is subject to a chargeback or which isreversed for any
other reason;
5.12.3. uses your Tracking Code or that of a member of your Immediate Family(or the code
relating to any similar or replacement Blossom Affiliates customer referral scheme)when signing up foran account;
5.12.4. fails any identity or credit checks carried out by the Company oranyone on its behalf;
5.12.5. is located in a territory from which the Company does not acceptcustomers; or
5.12.6. has their account closed within 25 Business Days of the accountopening, you will not be entitled to receive any Affiliate Payments in respectof such Customer. In the event that any such payment has already been made toyou in respect of such Customer you will promptly repay the amount paid onreceiving notice from Blossom Affiliates. Blossom Affiliates will be entitled,but not obliged, to set-off any amount owed as a
result against future Affiliate Payments.
5.13.Moreover, Blossom Affiliates and the Company shall apply the last paidclick attributional model in determining whether a Customer is attributed andassigned to the Affiliate for Affiliate Payment purposes. According to thismodel, the end-user qualifies as a Customer and is attributed to the Affiliatebased on the Affiliate’s Tracking Link being the last one the end- user clickedand subsequently successfully confirming him/her as a Customer based on thebelow timeframes.
5.13.1. The above is determined thanks to cookies recording and confirming theCustomer’s last paidclick affiliation, which cookies shall have the followingduration based on the Customer’s browser. 30 days for web browsers.
5.14.In cases of suspicion of fraudulent or incorrect trading through BlossomAffiliates by the Affiliate, we reserve the right to take the following, andany other, actions, as deemed necessary:
5.14.1. Pause Affiliate Payments due to suspicion of fraudulent or illegalactivities carried out by the Affiliate;
5.14.2. Transfer the payment over to the next month due to non-submitteddocumentation; and
5.14.3. Cancel the Affiliate Payments attributed to the Affiliate due toillegal, prohibited, or
fraudulent activities.
5.15.Each party shall remain responsible for accounting to the fiscal and/orrevenue authorities for all taxes, national insurance contributions and otherliabilities and other charges and dues for which that party is or may beliable, and that party shall keep the other party indemnified in respect of anyclaim or demand made by such authorities against the other party in respect oftheservices performed in terms of this Agreement.
5.16 High-Roller Policy
In any given month, if a Customer generates a negative net revenue of at least$10,000 he/she will be deemed to be, for the purposes of this section, a'High-Roller'.
5.17 If the aggregate Net Revenue for the Affiliate, in that month, for aMerchant Brand is negative $2,000 or greater, then the High-Roller policy asset out hereunder, will apply: 5.17.1 5.17.2 5.17.3
The negative Net Revenue generated by the High-Roller will be carried forwardand offset against future Net Revenue generated by that High-Roller;
The negative balance carried forward cannot be set-off against other Customers’Net Revenue;
The negative balance carried forward cannot be greater than the total aggregatenegative Net Revenue for that particular Brand on the Affiliate account, forthat month;
The negative balance of a High-Roller will be reduced by future positive NetRevenue that they generate in subsequent months;
5.17.5A negative balance will not be increased by future negative Net Revenueunless the High-Roller meets the qualifying criteria in subsequent months.
6. Sub-Affiliates
6.1. In addition to Affiliate Payments to be made under Clause 5 above, where anew Affiliate registers for the Affiliate Program for the first time via theTracking Links (a “Sub- Affiliate) you will be entitled to a payment equivalentto the percentage notified to you via the Affiliate Program Site on an ad hocbasis, of any payments made to such Sub-Affiliate under its affiliate agreementwith Blossom Affiliates. Provided that you shall only be entitled to suchpayments if the Sub-Affiliate submits an Application that is approved by BlossomAffiliates.
6.2. Sub-Affiliates may not be directly or indirectly owned or controlled byyou, or your Immediate Family and you shall not be entitled to any paymentunder this Agreement in relation to such a Sub-Affiliate.
6.3. In the event that any Affiliate Payment to a Sub-Affiliate is reclaimedunder the terms of its agreement with Blossom Affiliates or payments are madeto you in breach of Clause 6.2 above you
will promptly repay the amount paid on receiving notice from Blossom Affiliates.The Company will be entitled, but not obliged, to set-off any amount owed as aresult against future payments underthis Agreement.
6.4. All payments under this Clause 6 will terminate when payments to therelevant Sub- Affiliate end for whatever reason.
6.5. Payments under Clause 6 will be made in accordance with Clause 5.
7. IPR
7.1. All IPR in the Tracking Links belongs solely to Blossom Affiliates and allIPR in any third-party materials shall belong to the third party owner thereof,such as the Companies. The Affiliate agrees to comply with intellectualproperty laws and not infringe any IPR.
7.2. Nothing in this Agreement is intended to transfer any title, right orinterest in such IPR to the Affiliate. Upon termination of this Agreement forany reason, any and all rights in and to any of the IPR that may have beengranted to or procured for the Affiliate under this Agreement shall terminateautomatically.
7.3. Nothing in this Agreement purports to grant a license, provide anywarranty or offer any indemnity in respect of any data that is not owned by BlossomAffiliates or a Group Company. In the event that you require access to any suchdata, you agree that you will give Blossom Affiliates an opportunity to securerights to the same and (if it becomes necessary to do so) you will pay thecosts of securing a license to the same from the relevant third party dataowner or either party may terminate this Agreement immediately.
7.4. The Affiliate understands and agrees not to purchase or register/bidkeywords, search terms or other identifiers for use in any search engine,portal, sponsored advertising service or other search or referral service whichare identical or similar to any of the Property Sites. Blossom Affiliates will,when available, provide lists of such keywords, nevertheless the Affiliate issolely responsible to carry its activities diligently. Moreover, in cases ofpay-per-click advertising (“PPC”) the Affiliate shall not include meta tagkeywords in PPC promotions which are identical or similar to any trademarks ortrade names of the Property Sites or their operated brands. The Affiliate shallnot include the brand name or any word similar to the name/domain name of theProperty Sites or any other websites or applications owned and/or operated bythe Companies or any brand that the Affiliate is promoting through BlossomAffiliates.
7.5. Each party shall immediately notify the other party if any claim or demandis made or action brought against it for any infringement or allegedinfringement of any IPR which may affect the supply or use of the TrackingLinks.
7.6. In relation to any claim (including threats) or dispute, demand, action,impairment, infringement or alleged infringement of any IPR, brought to theCustomer’s attention, particularly if any such action may affect the supply oruse of the Tracking Links, the Customer shall:
7.6.1. Upon becoming aware, immediately notify Blossom Affiliates of such aclaim (including threats), dispute, infringement or impairment, etc.;
7.6.2. Assist Blossom Affiliates and/or the Company in taking such steps as BlossomAffiliates may reasonably request to protect such IPR;
7.6.3. Allow Blossom Affiliates to conduct all negotiations and proceeding tosettle the IPR’s claim;
7.6.4. Provide Blossom Affiliates with reasonable assistance regarding theIPR’s claim;
7.6.5. Not, without prior consultation with Blossom Affiliates: Take any step against any alleged infringer unless and until requestedto do
so in writing by Blossom Affiliates; Make any admission in relation to the IPR’s claim or attempt to settleit.
7.7. This Clause 7 shall survive the expiration or earlier termination of thisAgreement.
8. Security
8.1. You acknowledge that the security of Blossom Affiliates’ data and itssystems is fundamental to the business of Blossom Affiliates and its GroupCompanies, and if you become aware of a breach or potential breach of securityrelating to the Tracking Links and/or the Affiliate Program Site, you willimmediately notify Blossom Affiliates of such breach or potential breach anduse your best endeavours to ensure that any potential breach does not become anactual breach and/or to remedy any actual breach and its consequences.
8.2. You warrant that you will at all times comply with the provisions of DataProtection Laws (including the Data Protection Act (Cap 440 of the Laws ofCuracao) and the Privacy and Electronic Communications (EC Directive)Regulations 2003) as updated and amended from time to time and any equivalentlegislation in any jurisdiction which is applicable to the Property Site,Internet Siteand your activities.
9. Confidentiality
9.1. During the term of this Agreement and after termination or expirationthereof, each party shall not use any Confidential Information belonging to theother party for any purpose other than in pursuance of its rights andobligations under this Agreement nor disclose any of the other party’sConfidential Information to any person except with the prior written consent ofthe other party and shall follow Good Industry Practice to prevent the use ordisclosure of the Confidential Information. This obligation will not apply toany Confidential Information that:
9.1.1. has come into the public domain other than by breach of this Agreement,or any other duty of confidence;
9.1.2. is obtained from a third party without breach of this clause or anyother duty of confidence;
9.1.3. has been disclosed to a party by a third party, other than a companywithin its group
of companies not in breach of any duty of confidence;
9.1.4. is required to be disclosed by law or other regulatory requirementprovided notice is
given to the other party prior to disclosure where legal to do so; or
9.1.5. is in the possession of the party at the time the ConfidentialInformation was disclosed to it by any other party or which is independentlydeveloped without
reference to any ConfidentialInformation of the other party.
9.2. Each party may disclose any Confidential Information to its directors,other officers, employees, advisers and sub-contractors and to those of anycompany in its group of companies to the extent that such disclosure isreasonably necessary in order to comply with its obligations under thisAgreement and provided that they are subject to equivalent confidentialityobligations as those set out in this clause.
9.3. On termination of this Agreement, each party shall (on request) deliver upto the other party or destroy all copies of Confidential Information in itspossession, and (if so requested) shall use all reasonable endeavours todestroy all copies of Confidential Information stored electronically
except to the extent that it is obliged to retain such information under anylaw, regulation or license condition applicable to that party or any company inits group or companies.
9.4. The parties shall together determine the content of any communicationsconcerning the relationship between the parties. Such communications shall beissued at a time and in a manner agreed by both parties. You will indemnify andhold harmless Blossom Affiliates and its Group Companies from and against anyand all losses, demands, claims, damages, costs, expenses (includingconsequential losses and loss of profit, reasonable legal costs and expensesand VAT thereon if applicable) and liabilities suffered or incurred, directlyor indirectly, by Blossom Affiliates in consequence of any breach by you ofyour obligations under this Agreement.
10. Liability and Indemnity
10.1.Save as provided by statute and to the fullest extent permitted by law,the following provisions set out the entire liability of Blossom Affiliates andits Group Companies (including any liability for the acts and omissions of itsemployees, agents and sub-contractors) to you whether in contract,tort, statute,equity or otherwise:
10.1.1. you acknowledge and agree that (except as expressly provided in thisAgreement) the Tracking Links, Affiliate Program Site and all BlossomAffiliates and its Group Companies products are provided “AS IS” withoutwarranties of any kind (whether express or implied). Blossom Affiliates willnot be liable for any interruptions or errors and any consequences thereof;
10.1.2.all conditions, warranties, terms and undertakings (whether express orimplied), statutory or otherwise relating to the delivery, performance,quality, accuracy, uninterrupted use, fitness for purpose, occurrence orreliability of the Tracking Links or the Affiliate Program Site are herebyexcluded; and
10.1.3. neither Blossom Affiliates nor its Group Companies will be liable toyou for any losses relating to your use of the Tracking Links or the AffiliateProgram Site or any breach of this Agreement by Blossom Affiliates includingloss of profits (whether direct or indirect), revenues, goodwill, anticipatedsavings, data or any type of special, indirect, consequential or economic loss(including loss or damage suffered by you as a result of an action brought by athird party) even if such loss was reasonably foreseeable or Blossom Affiliatesor its Group Companies had been advised of the possibility of you incurringsuch loss.
10.2.You shall defend, indemnify, and hold Blossom Affiliates and its GroupCompanies harmless fromand against any and all liabilities, losses, damages,and costs, including reasonable
legal fees, resulting from, arising out of, or in any way connectedwith:fromand against any and all liabilities, losses, damages, and costs,including reasonable
legal fees, resulting from, arising out of, or in any way connected with:
10.2.1. any breach by yourself of any warranty, representation, or provisioncontained in this
10.2.2. the performance of your duties and obligations under this Agreement;
10.2.3. your negligence and/or wilful misconduct;
10.2.4. any damages caused directly or indirectly by Your negligent or intentionalacts or
omissions, or the unauthorized use of the Tracking Links or Blossom Affiliate’sIPR;
10.2.5. all claims, damages, and expenses (including and not limited to, legalfees) relating
to the development, operation, maintenance, and contents of the Internet Site;or
10.2.6. any proceedings, penalties or sanctions imposed by the relevantauthorities as well as any costs and expenses of legal representation, legaland judicial fees incurred in relation to, arising out of or resulting from anybreach or non-compliance, non- performance of this Agreement or any partthereof, or non-compliance with the
applicable law.
10.3.Your liability, whether under contract, tort or otherwise (including anyliability for negligent act or omission), shall not be in any manner excludedor limited and shall include, without
limitation, also any liability for any indirect and consequential damagesincurred by Blossom Affiliates or its Group Companies including loss ofprofits, revenue, business, contracts, anticipated savings. Provided that youshall also be liable for breaches of this Agreement by your Sub-Affiliate/s orany sub-contractors or third parties you engage.
10.4. No exclusion or limitation set out in this Agreement shall apply in thecase of:
10.4.1. fraud or fraudulent misrepresentation;
10.4.2. death or personal injury resulting from the negligence of any party orany of its
employees,agents or sub-contractors; and/or
10.5.The time limit within which you must commence proceedings against BlossomAffiliates to recover on any claim shall be 6 months from the date you becomeaware or should reasonably have become aware of the relevant breach that wouldform the subject of the claim.
11. Force Majeure
11.1.Neither party shall be in breach of this Agreement nor liable for delay inperforming, or failureto perform, any of its obligations under this Agreementif such delay or failure result from events, circumstances or causes beyond itsreasonable control (including events of force majeure), and in suchcircumstances the affected party shall be entitled to a reasonable extension ofthe time for performing such obligations, provided that if the period of delayor non-performance continues for 15 Business Days, the party not affected mayterminate this Agreement immediately by giving notice to other party.
11.2.For purposes of this Agreement, force majeure (and events of forcemajeure) shall refer to a circumstance not within a party’s reasonable controland shall include, but shall not be limited to:
11.2.1. acts of God, earthquakes, floods and other natural disasters;
11.2.2. the collapse of buildings, fire, explosion, accident;
11.2.3. acts of war and terrorism, threat of or preparation for war, civilcommotion or riots,
armed conflict, the imposition of sanctions, embargo, or breaking off ofdiplomatic
11.2.4. nuclear, chemical or biological contamination or sonic boom;
11.2.5. epidemic or pandemic illness;
11.2.6. any law or any action taken by a government or public authority;
11.2.7. interruption or failure of utility service, labour disputes;
11.2.8. or other causes beyond the reasonable control of a party, except thatlack of funds
to maketimely payment hereunder shall not be force majeure. 12. Term andTermination
12.1.This Agreement shall commence on the Commencement Date and, subject tothis Clause 12, shall continue until either party serves 30 days’ advancewritten notice of an intention to terminate. For the purposes of notificationof termination, either party shall notify the other in writing, andnotification via email will be considered as a written form of notification andthe Agreement shall terminate accordingly.
12.1.1. Upon receipt of the notice of termination, the Affiliate has 7 days toremove any materials and Tracking Links from its Internet Site.
12.1.2. Upon receipt of the termination notice, the Affiliate revokes its rightto any improved deal andoffers. The Affiliate and Blossom Affiliates agree thata standard Revenue Share of 35% applies for 180 days after the receipt of thetermination notice by either party, at which point the Affiliate shall nolonger benefit from the Affiliate Payments or any other payments underthisAgreement.
12.2. Blossom Affiliates may terminate this Agreement immediately in the eventthat:
12.2.1. the Affiliate breaches any of the terms of this Agreement which, in thecase of a breach capable of remedy, has not been remedied within 5 BusinessDays of receipt
of a notice fromBlossom Affiliates specifying the breach and requiring itsremedy;
12.2.2. the Affiliate suspends, or threatens to suspend, payment of its debtsand/or is unable to pay its debts as they fall due, begins negotiations for ormakes any voluntary arrangement with its creditors, becomes subject to anadministration order, has an administrative receiver or receivers appointed inrespect of the whole or any part of its assets, goes into liquidation(voluntary or otherwise save for any voluntary liquidation entered into solelyfor the purposes of a bona fide reconstruction or
12.2.3. the Affiliate is made the subject of a bankruptcy petition or order;
12.2.4. the Affiliate ceases or threatens to cease carrying on its business;
12.2.5. the Affiliate shows no activity nor acquisitions for 180 days;
12.2.6.the Affiliate, in Blossom Affiliates’ opinion, is in breach of the termsof any applicable
advertising code of practice including any voluntary codes Blossom Affiliateshas agreed to
abide by;
12.2.7. Blossom Affiliates ceases to accept Customers from or to advertise inany jurisdiction which
is targeted by the Internet Site or the relevant Property Sites; or
12.3.Clauses 12.2.2 and 12.2.3 will apply if any event occurs, or proceeding istaken, with respect to the Affiliate in any jurisdiction to which it is subjectthat has an effect equivalent or similar to any of the events mentioned in thoseclauses.
12.4.Except as set out in Clause 12.6 below, termination of this Agreementshall be without prejudice to any rights or obligations which shall haveaccrued prior to termination.
12.5.On termination of this Agreement all licences granted to the Affiliatepursuant to this Agreement will immediately terminate.
12.6. If this Agreement is terminated by Blossom Affiliates under Clause 12.2or yourself under Clause
12.2 (except when you terminate this Agreement following a material variationto the terms of this Agreement as provided herein) you will not be entitled toreceive any further payments pursuant to Clauses 5 and 6 following the date oftermination.
12.7.If You have committed a breach of this Agreement, you shall not beentitled to any unpaid Affiliate Payment generated after the breach occurred,irrespective of whether this Agreement has been terminated or otherwise, untilsuch breach is remedied.
12.8.Clause 10 together with any other clauses the survival of which isnecessary for the interpretation or enforcement of this Agreement will survivetermination of this Agreement for whatever reason. For the avoidance of doubt,termination will not exculpate you from any liability arising from any breachof this Agreement, that occurred prior to termination and shall not affect orlimit Blossom Affiliates’ rights in any manner whatsoever.
13. Assignment
13.1.You will not assign, novate, declare a trust of or otherwise dispose ofthis Agreement, or any part thereof, without the prior written approval of BlossomAffiliates.
13.2.Blossom Affiliates may assign or sub-contract any of its rights andobligations under this Agreement to a Group Company at any time without givingnotice to you.
14. Entire Agreement
14.1.This Agreement constitutes the entire and only Agreement between theparties with regardsto its subject matter and the parties confirm that theyhave not been induced to enter into this Agreement in reliance upon, nor has itbeen given, any warranty (including in particular any warranty as tomerchantability, fitness for purpose or uninterrupted functionality),representation, statement, assurance, covenant, agreement, undertaking,indemnity or commitment of any nature whatsoever other than as are expresslyset out in this Agreement and, to the extent that it has been, itunconditionally and irrevocably waives any claims, rights or remedies which itmight otherwise have had in relation thereto.
15. Independent Parties
15.1.Nothing in this Agreement and no action taken by the parties pursuant tothis Agreement shallconstitute, or be deemed to constitute:
15.1.1. the parties as a partnership, association, joint venture or otherco-operative entity; or 15.1.2.any party the agent of another party, norauthorise any party to make or enter
into anycommitments for or on behalf of any other party.
16. Waiver and Remedies
16.1.No breach of any provision of this Agreement shall be waived or dischargedexcept with the express written consent of the parties.
16.2.No failure or delay by a party to exercise any of its rights under this Agreementshall operate as a waiver thereof and no single or partial exercise of any suchright shall prevent any other or further exercise of that or any other right.
16.3.You acknowledge, that damages may be inadequate for a breach or athreatened breach of this Agreement and, in the event of a breach or threatenedbreach of any provision of this Agreement, the respective rights andobligations of the parties may be enforceable by specific performance,injunction, or other equitable remedy.
16.4.Nothing contained in this Agreement shall limit or affect any of BlossomAffiliates’ rights at law, or otherwise, for a breach or threatened breach ofany provision of this Agreement, it being the intent of this provision to makeclear that the enforcement of Blossom Affiliates’ rights and obligations shallnot be limited in any way.
17. Notices and Communications
17.1.Notices and communications from Blossom Affiliates will be made by e-mailto the address provided by you on your Application to join the AffiliateProgram.
17.2.You should send all notices and communications to the following emailaddress
contact@Blossom-affiliates.com or such other e-mail address as notified to youvia the Affiliate Program Site from time to time.

17.3.Notices and communications will be deemed received 4 hours after beingsent provided that if such notice would then be deemed to have been receivedoutside the hours of 09:00 to 18:00 (CET time) it will be deemed to have beenreceived at 09:00 on the next Business Day.
18. Third Parties
18.1.Except for any Group Company and Blossom Affiliates, no third party mayenforce any rights granted to it under this Agreement.
19. General
19.1.The Customer shall, upon request from the Blossom Affiliates, do andexecute, or procure that there shall be done and executed, all such documents,deeds, matters, acts or things as that other may at any time require to give itthe full benefit of this Agreement.
19.2.All clauses in this Agreement shall be considered as separate andseverable from each other. If any clause is deemed or announced as void,invalid, or unenforceable for any reason whatsoever, the remaining clausesshall remain in full force and effect.
20. Governing Law and Jurisdiction
20.1.This Agreement (and any dispute, controversy, proceedings or claim ofwhatever nature arising out of or in any way relating to this Agreement or itsformation) shall be governed by and construed in accordance with Curacao lawand the parties hereby irrevocably submit to the jurisdiction of the courts ofCuracao.
20.2.The Affiliate is required to take into consideration any governing lawwhich may be in force within the Companies’ and Customers’ jurisdiction as wellas any requirements imposed by the relevant supervisory and regulatoryauthorities.
21. Privacy and Data Protection
21.1.Blossom Affiliates complies with the applicable Data Protection Laws. Anyinformation and data provided by the Affiliate are solely for internal use onlyand the data collected shall not be shared with any third parties (outside ofits Group Companies) or for marketing purposes. We collect the following data:First name, Last name, Email, Confirm email, Date of birth, Phone number,Address, City, Post code, State, Country, Language, Preferred IM (“InstantMessaging”), IM account, Referred by, Affiliate/Company Name, Channel. The datacollected is available on request in accordance with Data Protection Laws.
21.2.You agree and acknowledge that by entering into this Agreement you arecompliant with DataProtection Laws. Blossom Affiliates has the right to requestfrom you any proof necessary to demonstrate your compliance with DataProtection Laws at any time throughout the duration of this Agreement.
21.3.You agree not to collect data without legal basis to do so and anyprocessing of personal data, if any, shall be carried out in accordance withData Protection Laws. To this end, you shall only process data to the extentand in such a manner as is necessary to provide services under this Agreementand shall not use the personal data for any other purpose. You agree that youhave taken all technical and organizational measures against unauthorized orunlawful processing of personal data. The Affiliate shall inform BlossomAffiliates without any delay if any unauthorized or unlawful processing ofpersonal data took place.
21.4.Any breaches of applicable Data Protection Laws may result in thetermination of your Affiliate account and loss of Affiliate Payment. Anysuspicious activities or fraudulent work can be reportedto the respectiveauthorities, without prior notice. 21.5.The Affiliate understands and agrees tobe bound by our Privacy Policy, which forms an integral part of this Agreement,and any policies issued by the Companies. The Affiliate shall alsoimplement aPrivacy Policy pertaining to its operations.

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