THESE TERMS OF SERVICE OUTLINE THE RULES FOR JOINING THE KIRGO PARTNERS AFFILIATE PROGRAM. BY APPLYING OR USING YOUR AFFILIATE ACCOUNT, YOU AGREE TO THESE TERMS. IF THERE IS ANYTHING HERE YOU ARE UNSURE ABOUT, PLEASE RAISE IT WITH YOUR AFFILIATE MANAGER BEFORE YOU APPLY. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT SIGN UP FOR, USE, OR ACCESS THE PROGRAM.

1. DEFINITIONS

THESE WORDS HAVE THE FOLLOWING MEANINGS WHEREVER THEY APPEAR IN THESE TERMS:

• "AFFILIATE ACCOUNT" MEANS YOUR ACCOUNT IN THE KIRGO PARTNERS PROGRAM.
• "AFFILIATE ASSETS" MEANS ANY WEBSITE, PAGE, CHANNEL, SOCIAL ACCOUNT, STREAM, GROUP, NEWSLETTER OR APP YOU USE TO PROMOTE KIRGO.
• "CHARGEBACK" MEANS A PAYMENT THAT IS REVERSED BY A CUSTOMER, A BANK OR A PAYMENT PROVIDER.
• "COMMISSION" MEANS WHAT KIRGO PAYS YOU UNDER CLAUSE 4.
• "COSTS" MEANS THIRD-PARTY COSTS KIRGO PAYS BECAUSE OF A CUSTOMER'S ACTIVITY, SUCH AS PAYMENT FEES, GAME PROVIDER FEES, PLATFORM FEES, LICENCE FEES AND ROYALTIES.
• "CUSTOMER" MEANS A PLAYER AGED 18 OR OVER WHOM YOU SEND TO KIRGO THROUGH YOUR TRACKING LINK OR PROMO CODE, WHO OPENS A NEW REAL-MONEY ACCOUNT, AND WHO HAS NEVER HELD A KIRGO ACCOUNT BEFORE.
• "FTD" MEANS A CUSTOMER'S FIRST DEPOSIT.
• "FRAUD COSTS" MEANS ANY COST OR LOSS KIRGO SUFFERS BECAUSE OF FRAUDULENT ACTIVITY.
• "FRAUDULENT ACTIVITY" MEANS ANY DISHONEST OR DECEPTIVE ACT OR OMISSION AIMED AT GAINING AN UNFAIR OR UNLAWFUL ADVANTAGE. IT INCLUDES FAKE, DUPLICATE OR AUTOMATED ACCOUNTS, STOLEN PAYMENT METHODS, IDENTITY THEFT, CHARGEBACKS, MATCH BETTING OR ARBITRAGE BETTING, BONUS ABUSE, UNDERAGE GAMBLING, HIDING A PLAYER'S REAL LOCATION, TAMPERING WITH TRACKING OR NGR, AND COLLUSION OR CHEATING BY AN AFFILIATE, A SUB-AFFILIATE OR A PLAYER.
• "GGR" MEANS GROSS GAMING REVENUE: EVERYTHING YOUR CUSTOMERS WAGER IN A MONTH, LESS WHAT THEY WIN.
• "INCENTIVISED TRAFFIC" MEANS PLAYERS WHO REGISTERED, DEPOSITED OR WAGERED BECAUSE YOU OFFERED THEM SOMETHING IN RETURN.
• "MATCH BETTING OR ARBITRAGE BETTING" MEANS BETTING DESIGNED TO GUARANTEE A WIN WITH NO REAL RISK.
• “NCO” MEANS NEGATIVE CARRY OVER.
• "NGR" MEANS NET GAMING REVENUE: BETS - WINS - BONUS COSTS - NET CORRECTIONS - PROVIDER COSTS.
• “NNCO” MEANS NO NEGATIVE CARRY OVER.
• "NON-CASH INCENTIVES" MEANS BONUSES, FREE SPINS, FREE CREDITS, CASHBACK, LOYALTY POINTS AND SIMILAR REWARDS GIVEN TO CUSTOMERS.
• "PROGRESSIVE CONTRIBUTIONS" MEANS THE SHARE OF REVENUE FROM A PROGRESSIVE GAME THAT GOES INTO THE JACKPOT POOL.
• "PROHIBITED PERSON" MEANS ANYONE DESCRIBED IN CLAUSE 8.1.
• "PROHIBITED SITE" MEANS ANY SITE OR PLATFORM WHERE ADVERTISING GAMBLING IS AGAINST THE LAW OR OTHERWISE NOT ALLOWED.
• "PROMO CODE" MEANS A CODE KIRGO GIVES YOU THAT LINKS A CUSTOMER TO YOUR AFFILIATE ACCOUNT.
• "RELATED PERSON" MEANS YOU, AND YOUR DIRECTORS, OFFICERS, STAFF, AGENTS, BUSINESS PARTNERS, RELATIVES, HOUSEHOLD MEMBERS AND CLOSE FRIENDS, AND ANY COMPANY YOU OR THEY CONTROL.
• "RESTRICTED JURISDICTION" MEANS ANY COUNTRY LISTED IN CLAUSE 10.2, ANY COUNTRY UNDER FATF COUNTERMEASURES OR INTERNATIONAL SANCTIONS, AND ANY OTHER COUNTRY KIRGO TELLS YOU NOT TO TARGET.
• "SPAM" MEANS UNSOLICITED EMAILS, TEXTS, PUSH NOTIFICATIONS OR OTHER MESSAGES SENT OUT INDISCRIMINATELY.
• "SUB-AFFILIATE" MEANS SOMEONE YOU RECRUIT TO PROMOTE KIRGO UNDER YOU, APPROVED BY KIRGO IN WRITING.
• "TAXES" MEANS GAMING DUTIES, VAT AND SIMILAR TAXES CHARGED ON REVENUE, TURNOVER, DEPOSITS OR PLAYER ACTIVITY.
• "TRACKING LINK" MEANS A LINK KIRGO GIVES YOU THAT CONNECTS A CUSTOMER TO YOUR AFFILIATE ACCOUNT.
• "UNSUITABLE SITE" MEANS ANY SITE OR PLATFORM THAT IS NOT AN APPROPRIATE PLACE TO PROMOTE KIRGO, AS DESCRIBED IN CLAUSE 7.6.

2. ELIGIBILITY

2.1 ELIGIBILITY

YOU NEED TO BE AT LEAST 18 YEARS OLD, LEGALLY ABLE TO ENTER INTO CONTRACTS, AND ABLE TO MANAGE MARKETING ASSETS FOR GAMING, CRYPTO, SPORTS, OR ENTERTAINMENT AUDIENCES. KIRGO HAS THE RIGHT TO APPROVE OR DECLINE ANY APPLICATION AT ITS OWN DISCRETION.

2.2 APPLICATION AND VERIFICATION

TO APPLY, PLEASE COMPLETE THE APPLICATION AND PROVIDE BASIC DETAILS, INCLUDING YOUR LEGAL OR TRADING NAME, JURISDICTION, VERIFIED PAYOUT WALLET, AND ANY MARKETING INFORMATION IF REQUESTED. KIRGO MAY ASK FOR MORE DETAILS LATER. WE RESERVE THE RIGHT TO REQUEST KNOW-YOUR-CUSTOMER (KYC) AND DUE-DILIGENCE VERIFICATION AT ANY TIME, AND MAY WITHHOLD COMMISSIONS UNTIL VERIFICATION IS COMPLETE.

2.3 ACCOUNT INTEGRITY

YOU CAN HAVE ONLY ONE AFFILIATE ACCOUNT UNLESS KIRGO GIVES WRITTEN PERMISSION FOR MORE. YOU'RE RESPONSIBLE FOR KEEPING YOUR LOGIN DETAILS SECURE AND FOR ANYTHING THAT HAPPENS ON YOUR ACCOUNT. THE PROGRAM IS INTENDED FOR YOUR DIRECT PARTICIPATION. OPENING AN AFFILIATE ACCOUNT ON BEHALF OF A THIRD PARTY, OR BROKERING, SELLING OR TRANSFERRING AN AFFILIATE ACCOUNT, IS NOT PERMITTED WITHOUT KIRGO'S PRIOR WRITTEN CONSENT. YOU MUST TELL KIRGO IMMEDIATELY IF YOU SUSPECT ANY UNAUTHORISED OR ILLEGAL USE OF YOUR AFFILIATE ACCOUNT.

2.4 YOUR WARRANTIES AND DUTY TO NOTIFY

BY APPLYING TO AND PARTICIPATING IN THE PROGRAM YOU REPRESENT, WARRANT AND UNDERTAKE THAT: THE INFORMATION IN YOUR APPLICATION, INCLUDING ANY DUE DILIGENCE OR KYC INFORMATION, IS CORRECT, COMPLETE AND KEPT UP TO DATE AT ALL TIMES; YOU HAVE NOT ALREADY REGISTERED AS AN AFFILIATE; YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT; WHERE YOU APPLY ON BEHALF OF A COMPANY, YOU HAVE FULL AUTHORITY TO BIND THAT COMPANY; YOU HAVE THE ABILITY, EXPERIENCE AND RESOURCES TO PERFORM YOUR OBLIGATIONS UNDER THESE TERMS WITH DUE CARE AND SKILL AND IN LINE WITH BEST INDUSTRY PRACTICE; AND YOU HAVE SATISFIED YOURSELF THAT YOU CAN PARTICIPATE IN THE PROGRAM WITHOUT BREACHING ANY LAW APPLYING TO YOU. IF AT ANY TIME AN EVENT OCCURS THAT WOULD MAKE ANY OF THESE WARRANTIES UNTRUE, OR THAT WOULD PREVENT YOU FROM FULLY MEETING YOUR OBLIGATIONS, YOU MUST NOTIFY YOUR AFFILIATE MANAGER PROMPTLY, AND KIRGO MAY TERMINATE YOUR PARTICIPATION IMMEDIATELY WITHOUT ANY FURTHER PAYMENT BEING DUE TO YOU.

3. TRACKING AND ATTRIBUTION

3.1 ATTRIBUTION BASIS

A CUSTOMER IS LINKED TO YOU WHEN THEY SIGN UP FOR A REAL-MONEY ACCOUNT VIA YOUR TRACKING LINK. OUR BACK-OFFICE SYSTEM TRACKS ALL CLICKS, REGISTRATIONS, FTDS, NGR AND COMMISSION, AND IS THE SOURCE OF TRUTH FOR THAT DATA, AS SET OUT IN CLAUSE 12.2.

THE ATTRIBUTION MODEL KIRGO APPLIES, INCLUDING WHICH TRACKING METHOD TAKES PRECEDENCE WHERE MORE THAN ONE IS RECORDED, THE ATTRIBUTION WINDOW, AND HOW DUPLICATE OR CONFLICTING REFERRALS ARE RESOLVED, IS SET OUT IN THE AFFILIATE PORTAL AND IN YOUR DEAL SCHEDULE, AND MAY BE UPDATED BY KIRGO ON NOTICE. CLAUSE 3.4 SETS OUT WHICH REFERRALS QUALIFY FOR COMMISSION REGARDLESS OF THE MODEL APPLIED.

3.2 ONGOING REVENUE DURING ACTIVE PARTICIPATION

YOU EARN COMMISSIONS ONLY FROM YOUR LINKED CUSTOMERS' ACTIVITY WHILE YOU'RE ACTIVELY PARTICIPATING IN THE PROGRAM AND PROMOTING KIRGO AS PER THE TERMS. YOUR RIGHT TO EARN COMMISSIONS AND REVSHARE ON THEIR ACTIVITY ENDS WHEN YOUR PARTICIPATION ENDS, FOR ANY REASON, AS SET OUT IN CLAUSE 11.5.

3.3 TRACKING LIMITATIONS

KIRGO ISN'T RESPONSIBLE FOR ATTRIBUTION ISSUES IF THE CUSTOMER USES AD BLOCKERS, COOKIES, VPNS, SWITCHES DEVICES, OR OTHER FACTORS OUTSIDE KIRGO'S CONTROL. WHEN BROWSER TRACKING ISN'T RELIABLE, WE RELY ON SERVER-TO-SERVER (POSTBACK) ATTRIBUTION RECORDED BY OUR SYSTEM.

3.4 QUALIFYING REFERRALS

A REFERRAL QUALIFIES FOR COMMISSION ONLY WHERE THE CUSTOMER REACHES KIRGO THROUGH A TRACKING METHOD KIRGO HAS ISSUED TO YOU OR APPROVED IN WRITING, NAMELY YOUR ASSIGNED TRACKING LINKS, APPROVED PROMO CODES, APPROVED LANDING PAGES AND APPROVED SERVER-TO-SERVER POSTBACKS.

THE FOLLOWING DO NOT QUALIFY FOR ATTRIBUTION AND EARN NO COMMISSION, WHETHER OR NOT THE RESULTING REGISTRATION IS GENUINE:

THE FOLLOWING DO NOT QUALIFY FOR COMMISSION, WHETHER OR NOT THE RESULTING REGISTRATION IS GENUINE:

• ANY PERSON WHO ALREADY HOLDS, OR HAS PREVIOUSLY HELD, AN ACCOUNT WITH KIRGO OR WITH ANY BRAND OPERATED BY KIRGO OR ITS GROUP;
• ANY RELATED PERSON, INCLUDING YOU, YOUR DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, AGENTS, RELATIVES, HOUSEHOLD MEMBERS AND FRIENDS, AND ANY ENTITY YOU CONTROL;
• PLAYERS INTRODUCED BY ANY METHOD OTHER THAN AN APPROVED TRACKING METHOD;
• PLAYERS ATTRIBUTED THROUGH COOKIE STUFFING, CLICK SPAM, FORCED OR AUTOMATED CLICKS, PIXEL OR IFRAME INJECTION, URL REWRITING, REDIRECTS FROM UNRELATED OR EXPIRED DOMAINS, TOOLBARS, BROWSER EXTENSIONS, OR APP OR INSTALL STUFFING;
• PLAYERS ATTRIBUTED THROUGH ANY PROHIBITED ACTIVITY LISTED IN CLAUSE 8.2, INCLUDING MULTIPLE ACCOUNTS, MANIPULATION OF IDENTITY, IP ADDRESS, DEVICE OR GEOLOCATION DATA, AND ARTIFICIAL OR SIMULATED WAGERING;
• PLAYERS ATTRIBUTED THROUGH TRAFFIC YOU HAVE PURCHASED, RESOLD OR BROKERED WITHOUT KIRGO'S PRIOR WRITTEN APPROVAL, OR THROUGH A SUB-AFFILIATE KIRGO HAS NOT APPROVED IN WRITING; AND
• ANY ATTRIBUTION GENERATED BY A METHOD KIRGO HAS PREVIOUSLY ASKED YOU IN WRITING TO STOP USING.

KIRGO MAY REVERSE, REASSIGN OR WITHHOLD ATTRIBUTION AND ANY RELATED COMMISSION WHERE A CUSTOMER FALLS INTO ANY OF THESE CATEGORIES, AND MAY DO SO RETROSPECTIVELY. IF YOU BELIEVE ATTRIBUTION HAS BEEN MISSED, YOU MUST RAISE IT IN WRITING WITHIN THIRTY (30) DAYS OF THE RELEVANT CUSTOMER REGISTRATION, AND KIRGO WILL ASSESS THE CLAIM AGAINST ITS BACK-OFFICE RECORDS UNDER CLAUSE 12.2.

4. COMMISSION STRUCTURE

4.1 DEFAULT MODEL

THE STANDARD COMMISSION MODEL IS A REVENUE-SHARE MODEL BASED ON MONTHLY NET GAMING REVENUE (NGR) FROM YOUR ASSIGNED CUSTOMERS. KIRGO USES A PERFORMANCE-BASED SYSTEM, SO YOUR RATE MAY VARY DEPENDING ON MONTHLY RESULTS. RATES ARE NOT LISTED PUBLICLY; EACH AGREEMENT IS CUSTOMIZED. NET GAMING REVENUE IS CALCULATED AS SET OUT IN CLAUSE 1. ALL COMMISSION CALCULATIONS ARE BASED ON THE SERVER STATISTICS, RECORDS AND CALCULATIONS, AND ALL DECISIONS ON TRACKING, CALCULATION AND PAYMENT OF COMMISSION ARE MADE BY KIRGO IN ACCORDANCE WITH THESE TERMS.

4.2 INDIVIDUAL AND CONFIDENTIAL RATES

YOUR COMMISSION RATE HAS BEEN CONFIRMED WITH KIRGO AND IS RECORDED IN YOUR AFFILIATE ACCOUNT OR DEAL SCHEDULE. RATES ARE UNIQUE TO EACH PARTNER AND KEPT CONFIDENTIAL. THE RATE THAT APPLIES TO YOU IS THE ONE WE AGREED UPON IN WRITING.

4.3 EXISTING ARRANGEMENTS UNAFFECTED

ANY UPDATES TO KIRGO'S OVERALL COMMERCIAL OFFER OR HOW RATES ARE PRESENTED WILL NOT AFFECT THE COMMISSION RATE PREVIOUSLY AGREED WITH A PARTNER UNLESS BOTH PARTIES EXPLICITLY AGREE OTHERWISE. THIS DOES NOT IMPACT KIRGO'S RIGHTS UNDER CLAUSES RELATED TO FRAUD, INACTIVITY, DISENGAGEMENT, OR TERMINATION.

4.4 SUB-AFFILIATE COMMISSION

IF KIRGO OFFERS THIS OPTION, YOU CAN EARN A PERCENTAGE OF THE NET REVENUE FROM REFERRED SUB-AFFILIATES, BASED ON A RATE AND PERIOD APPROVED IN WRITING BY KIRGO. SUB-AFFILIATE EARNINGS FOLLOW THE SAME RULES AS YOUR COMMISSIONS, INCLUDING PAYMENT CONDITIONS, RECALCULATION RIGHTS, AND TERMINATION. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR SUB-AFFILIATES COMPLY WITH THESE TERMS. YOU MAY NOT APPOINT, ASSIGN OR DELEGATE YOUR OBLIGATIONS TO A SUB-AFFILIATE WITHOUT KIRGO'S PRIOR WRITTEN CONSENT, AND FAILURE TO COMPLY WITH THIS IS A MATERIAL BREACH OF THESE TERMS.

4.5 RATE CHANGES

KIRGO MAY CHANGE COMMISSION RATES WITH ADVANCE NOTICE. ANY SPECIAL OR INCREASED RATE IS VALID ONLY FOR THE AGREED PERIOD AND WILL REVERT TO THE ORIGINAL RATE UPON EXPIRATION, UNLESS RENEWED IN WRITING.

4.6 CUSTOM PROMOTIONS

ELIGIBLE PARTNERS CAN RECEIVE EXCLUSIVE BONUS CODES, FREE SPINS, OR SPECIAL OFFERS THROUGH A WRITTEN AGREEMENT. ANY COSTS FOR CUSTOM PROMOTIONS ARE SUBTRACTED FROM YOUR COMMISSION BEFORE PAYOUT AND ARE NOT COVERED BY KIRGO. THESE PROMOTIONS HAVE SET TIME OR PLAYER LIMITS AND DO NOT RENEW AUTOMATICALLY. KIRGO HAS THE FINAL AUTHORITY ON ALL CREATIVE, MESSAGING, AND TERMS.

4.7 ACTIVITY AND TRAFFIC THAT DOES NOT EARN COMMISSION

KIRGO DOES NOT PAY COMMISSION IN RESPECT OF:

• MATCH BETTING OR ARBITRAGE BETTING, OR ANY ROULETTE OR CASINO SYSTEM PLAY WHERE PLAYERS ARE ADVISED HOW TO PLAY IN ORDER TO BEAT THE HOUSE;
• INCENTIVISED TRAFFIC IN ANY FORM, UNLESS KIRGO HAS AGREED OTHERWISE WITH YOU IN WRITING;
• ANY ACTIVITY OR TRAFFIC CONNECTED WITH BRAND BIDDING OR ANY OTHER BREACH OF KIRGO'S INTELLECTUAL PROPERTY RIGHTS, AS SET OUT IN CLAUSE 7.2;
• ANY ACTIVITY OR TRAFFIC ORIGINATING FROM, TARGETED AT, OR OTHERWISE CONNECTED WITH A RESTRICTED JURISDICTION;
• ANY CUSTOMER WHOSE ACCOUNT KIRGO REFUSES, SUSPENDS, RESTRICTS OR CLOSES, FOR ANY REASON; AND
• ANY CUSTOMER ACTIVITY OR TRAFFIC THAT KIRGO DETERMINES TO BE UNLAWFUL, ABUSIVE, NOT GENERATED IN GOOD FAITH, OR CONNECTED WITH FRAUDULENT ACTIVITY.

4.8 FIXED FEES FOR STREAMS AND CONTENT

KIRGO MAY OFFER YOU A SET FEE FOR CERTAIN ACTIVITIES LIKE STREAMING, VIDEOS, OR CAMPAIGNS. THIS FEE IS SEPARATE FROM YOUR EARNINGS FROM COMMISSIONS AND DOESN'T IMPACT HOW YOUR COMMISSIONS ARE CALCULATED OR PAID.

FIXED FEES ARE PAID AFTERWARDS, ONCE YOU MEET THE AGREED-UPON METRICS. THESE METRICS ARE AGREED IN WRITING BEFOREHAND AND MAY INCLUDE:

(A) PERFORMANCE METRICS: A MINIMUM NUMBER OF QUALIFYING FTDS, A MINIMUM TOTAL DEPOSIT AMOUNT, AND A MINIMUM TOTAL TURNOVER AMOUNT; AND

(B) ACTIVITY METRICS: A MINIMUM NUMBER OF STREAMING SESSIONS, STREAMED HOURS, OR PLACEMENTS.

BOTH CONDITIONS NEED TO BE SATISFIED WHEN BOTH TYPES ARE SET. ONLY QUALIFYING FTDS AND CUSTOMERS LINKED TO YOU VIA YOUR TRACKING LINK ARE COUNTED IN THE METRICS.

A QUALIFYING FTD IS A FIRST DEPOSIT THAT MEETS ALL OF THE FOLLOWING:

(A) THE DEPOSIT IS AT LEAST €20 (OR CURRENCY EQUIVALENT);

(B) THE CUSTOMER WAGERS AT LEAST THE FULL DEPOSIT AMOUNT WITHIN 7 CALENDAR DAYS;

(C) THE DEPOSIT IS NOT REVERSED, REFUNDED, OR CHARGED BACK WITHIN 30 CALENDAR DAYS; AND

(D) THE ACCOUNT IS NOT CLOSED WITHIN 30 CALENDAR DAYS OF THE DEPOSIT.

KIRGO REVIEWS THE METRICS AFTER THE PERIOD CONCLUDES. IF THE TARGETS ARE NOT MET, NO FEE WILL BE PAID. KIRGO MIGHT PAY A PROPORTIONAL AMOUNT AT ITS DISCRETION, BUT THIS DOES NOT IMPLY FUTURE PAYMENTS. CLAUSE 9 APPLIES IF KIRGO SUSPECTS THE TRAFFIC OR FTDS ARE NOT AUTHENTIC.

IN SIMPLE TERMS, FIXED FEES ARE SET AMOUNTS KIRGO PAYS FOR SPECIFIC WORK, LIKE STREAMS OR VIDEOS, ON TOP OF YOUR COMMISSION AFTER YOU MEET TARGETS SUCH AS DEPOSITS, TURNOVER, OR ACTIVITY LIKE STREAMS OR HOURS. IF TARGETS ARE NOT MET, NO FEE IS PAID. KIRGO MAY PAY PART OF IT, BUT THAT DOESN'T ESTABLISH A RULE FOR FUTURE PAYMENTS.

KIRGO MAY REFUSE ANY PROSPECTIVE CUSTOMER, CLOSE A CUSTOMER ACCOUNT, OR TAKE ANY OTHER STEP IT CONSIDERS NECESSARY TO PRESERVE THE INTEGRITY OR SAFETY OF ITS SITES, AND YOU HAVE NO CLAIM TO COMMISSION IN RESPECT OF THOSE ACCOUNTS.

5. NEGATIVE CARRY OVER (NCO)

5.1 MONTHLY RESET

NO NEGATIVE CARRY OVER (NNCO) APPLIES EACH MONTH, IF YOUR TOTAL NET GAMING REVENUE FROM YOUR ATTRIBUTED CUSTOMERS IS NEGATIVE, IT RESETS TO ZERO AT THE BEGINNING OF THE NEXT MONTH. THIS NEGATIVE BALANCE ISN'T CARRIED OVER, SO YOU ALWAYS START EACH MONTH FRESH.

5.2 EXCEPTIONS

NEGATIVE CARRYOVER CAN ONLY BE USED IF WE HAVE A WRITTEN AGREEMENT FOR A CUSTOM HIGH-VOLUME DEAL. IF THERE IS NO SUCH AGREEMENT, THE RULE IN CLAUSE 5.1 ABOUT NO NEGATIVE CARRYOVER APPLIES.

6. PAYMENT TERMS

6.1 PAYMENT THRESHOLD

COMMISSION IS PAID ONLY ONCE YOUR BALANCE REACHES A MINIMUM OF EUR [100] (OR CURRENCY EQUIVALENT) (THE "THRESHOLD"). BALANCES BELOW THE THRESHOLD CARRY FORWARD TO FOLLOWING MONTHS UNTIL THE THRESHOLD IS REACHED.

6.2 PAYMENT HOLDS

KIRGO MAY WITHHOLD, DELAY OR DECLINE PAYMENT OF COMMISSION, IN WHOLE OR IN PART, WHERE:

• THERE IS AN OPEN COMPLIANCE FLAG OR AN UNVERIFIED PAYOUT DESTINATION;
• THE NGR CALCULATION IS DISPUTED;
• KIRGO HAS REASON TO BELIEVE:

• YOUR ACTIVITY DOES NOT COMPLY WITH APPLICABLE LAW OR THE REQUIREMENTS OF ITS LICENSOR OR REGULATOR;
• YOU ARE IN BREACH OF THESE TERMS;
• YOU HAVE FAILED TO COMPLETE A FORM, OR TO PROVIDE A DOCUMENT OR INFORMATION KIRGO HAS REQUESTED, OR HAVE PROVIDED MISLEADING OR INCORRECT INFORMATION;
• KIRGO HAS BEEN NOTIFIED BY A THIRD PARTY OF AN ALLEGED INFRINGEMENT OF RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, BY YOU OR YOUR ACTIVITY;
• KIRGO HAS REASON TO SUSPECT THAT YOU HAVE ENGAGED IN OR CONDONED FRAUDULENT ACTIVITY, OR HAVE REFERRED NON-QUALIFYING OR FRAUDULENT CUSTOMERS.

WHERE ANY OF THESE APPLY, KIRGO MAY ALSO EXERCISE ANY OF THE REMEDIES IN CLAUSE 8.4.

6.3 CRYPTO VOLATILITY

WHEN COMMISSION IS PAID IN CRYPTO, ITS EUR VALUE IS SET AT THE TIME OF CALCULATION AND CONVERTED TO CRYPTO AT PAYOUT. KIRGO ISN'T LIABLE FOR ANY CHANGES IN THE CRYPTO MARKET AFTER THAT OR FOR LOSSES RESULTING FROM INCORRECT PAYOUT DETAILS YOU PROVIDE.

6.4 CORRECTIONS, REPAYMENT AND SET-OFF

IF AN ERROR IS MADE IN THE CALCULATION OF COMMISSION, KIRGO MAY CORRECT IT AT ANY TIME AND WILL PROMPTLY PAY ANY UNDERPAYMENT OR RECLAIM ANY OVERPAYMENT.

YOU AGREE TO RETURN, IMMEDIATELY ON REQUEST, ALL COMMISSION RECEIVED IN RESPECT OF CUSTOMERS REFERRED IN BREACH OF THESE TERMS OR RELATING TO FRAUDULENT OR FALSIFIED TRANSACTIONS. KIRGO MAY SET OFF ANY AMOUNT YOU OWE IT, INCLUDING FRAUD COSTS, CHARGEBACKS, FINES, AND AMOUNTS ARISING FROM SPAM SENT BY YOU OR ON YOUR BEHALF, AGAINST COMMISSION DUE TO YOU AND AGAINST FUTURE COMMISSION PAYMENTS. WHERE YOUR BALANCE IS INSUFFICIENT, KIRGO MAY DEMAND PAYMENT FROM YOU DIRECTLY AND YOU MUST PAY PROMPTLY.

7. MARKETING AND BRAND USE

7.1 PERMITTED USE

YOU CAN PROMOTE KIRGO USING KIRGO-APPROVED CREATIVE MATERIALS, BANNERS, AND TRACKING LINKS TO PERMITTED AUDIENCES. ALL MARKETING MUST BE LEGAL, TRUTHFUL, AGE-RESTRICTED TO 18+, AND INCLUDE NECESSARY RESPONSIBLE-GAMBLING MESSAGES. YOU MUST USE ONLY THE CURRENT VERSIONS OF KIRGO-APPROVED MATERIALS AS MADE AVAILABLE TO YOU, MUST STOP USING ANY MATERIAL THAT IS OUT OF DATE OR WITHDRAWN, AND MUST NOT MODIFY, ALTER, RESIZE OR ADAPT ANY OF IT WITHOUT KIRGO'S PRIOR WRITTEN APPROVAL. WHERE KIRGO DESIGNATES A RESTRICTION ON A PIECE OF MATERIAL, SUCH AS CAMPAIGN START AND END DATES OR AUDIENCE LIMITATIONS, YOU MUST OBSERVE THAT RESTRICTION.

7.2 BRAND BIDDING PROHIBITED

PLEASE DO NOT BID ON OR REGISTER KIRGO'S TRADEMARKS, BRAND NAMES, OR SIMILAR VARIANTS (INCLUDING MISSPELLINGS) IN PAID SEARCH, DOMAIN NAMES, SOCIAL HANDLES, OR APP NAMES WITHOUT GETTING PRIOR WRITTEN APPROVAL. YOU MUST NOT REGISTER OR USE ANY DOMAIN NAME THAT INCLUDES, OR IS CONFUSINGLY SIMILAR TO, A KIRGO MARK, COPY THE LOOK AND FEEL OF KIRGO'S SITES, OR OPERATE ANY SITE THAT IMPERSONATES, PHISHES OR PASSES OFF AS KIRGO.COM.

7.3 NO TRAFFIC DIVERSION

PLEASE DO NOT OPERATE OR PROMOTE ANY SITES OR PAGES THAT AIM TO INTERCEPT OR REDIRECT TRAFFIC MEANT FOR KIRGO. DOING SO WILL RESULT IN THE LOSS OF YOUR COMMISSION AND COULD LEAD TO TERMINATION.

7.4 NO MISREPRESENTATION

PLEASE DO NOT PRESENT YOURSELF AS KIRGO, OR SUGGEST OFFICIAL ENDORSEMENT OR ANY RELATIONSHIP WITH KIRGO BEYOND THE AFFILIATE ROLE. BRAND AND DESIGN MISUSE IS COVERED BY CLAUSE 7.2, CONTENT STANDARDS BY CLAUSE 7.6, AND RESPONSIBLE-GAMBLING REQUIREMENTS BY CLAUSE 10.3.

7.5 MARKETING EVIDENCE

KIRGO CAN ASK FOR PROOF OF YOUR PROMOTION EFFORTS AT ANY TIME, SUCH AS LINKS, SCREENSHOTS, OR CAMPAIGN EXAMPLES. YOUR WIDER INFORMATION AND AUDIT OBLIGATIONS ARE SET OUT IN CLAUSE 8.5, AND CLAUSE 6.2 COVERS PAYMENT HOLDS WHERE REQUESTED INFORMATION IS OUTSTANDING.

7.6 UNSUITABLE SITES, PROHIBITED SITES AND CONTENT STANDARDS

YOU MUST NOT CONDUCT ANY PROGRAM ACTIVITY ON, OR PLACE KIRGO TRACKING LINKS, CREATIVES OR BRAND MENTIONS ON OR ALONGSIDE, ANY UNSUITABLE SITE, OR ANY PROHIBITED SITE AS DEFINED IN CLAUSE 1.

A SITE OR PLATFORM IS AN UNSUITABLE SITE IF IT: IS AIMED AT OR LIKELY TO APPEAL TO CHILDREN; PROMOTES OR GLORIFIES VIOLENCE; PROMOTES DISCRIMINATION ON THE BASIS OF RACE, SEX, RELIGION, NATIONALITY, DISABILITY, SEXUAL ORIENTATION OR AGE; IS OBSCENE, SEXUALLY EXPLICIT OR PORNOGRAPHIC; PROMOTES OR HELPS ILLEGAL ACTIVITY; INFRINGES ANYONE'S INTELLECTUAL PROPERTY OR PRIVACY; CONTAINS OR LINKS TO MALWARE OR DECEPTIVE DOWNLOAD PROMPTS; ENCOURAGES EXCESSIVE, COMPULSIVE OR RECKLESS PLAY, CHASING LOSSES, OR BORROWING TO GAMBLE; RELIES MAINLY ON CLICKBAIT, DOORWAY PAGES, THIN OR AUTO-GENERATED CONTENT, OR LINK SCHEMES THAT BREACH THE PUBLISHED RULES OF SEARCH ENGINES, APP STORES OR ADVERTISING PLATFORMS; OR WHICH KIRGO REASONABLY BELIEVES MAY DAMAGE ITS REPUTATION OR INTERESTS.

IN ADDITION, YOUR MARKETING MUST NOT STATE OR IMPLY THAT GAMBLING IS A WAY TO RESOLVE FINANCIAL, PERSONAL OR EMOTIONAL DIFFICULTY OR TO RECOVER PAST LOSSES, IS A CAREER OR AN ALTERNATIVE TO EMPLOYMENT, IS INDISPENSABLE OR SHOULD TAKE PRIORITY IN LIFE, ENHANCES PERSONAL STANDING OR SOCIAL STATUS, OR OFFERS GUARANTEED WINNINGS OR CAN BE BEATEN THROUGH SYSTEMS OR TRICKS.

YOU MUST NOT UNDERTAKE ANY ACTION THAT COULD HAVE A DETRIMENTAL IMPACT ON THE ABILITY OF KIRGO OR ANY GROUP COMPANY TO OBTAIN, HOLD OR MAINTAIN ANY LICENCE, PERMIT OR APPROVAL, OR THAT COULD REASONABLY BE CONSTRUED AS BRINGING KIRGO INTO MATERIAL DISREPUTE, MEANING ANY CONDITION THAT COULD REASONABLY AND OBJECTIVELY BE SEEN TO CREATE A MATERIAL NEGATIVE PERCEPTION OF THE INTEGRITY OF KIRGO OR THE PROGRAM. THIS INCLUDES CONTENT OR PROMOTIONAL TECHNIQUES THAT PUT KIRGO IN A POSITION OF BEING IN BREACH OF LICENSING CONDITIONS AND REGULATORY OBLIGATIONS, AND CONTENT OR PROMOTIONAL TECHNIQUES THAT EXPOSE KIRGO TO PENALTIES, DE-INDEXING OR ACCOUNT SUSPENSION BY A SEARCH ENGINE, APP STORE, ADVERTISING PLATFORM, PAYMENT PROVIDER, BANK OR REGULATORY BODY.

KIRGO MAY AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT GIVING REASONS, DEMAND THE IMMEDIATE TAKEDOWN OR MODIFICATION OF ANY MATERIAL YOU DISTRIBUTE, OR REQUIRE YOU TO CEASE ANY OR ALL MARKETING ACTIVITY IN CONNECTION WITH KIRGO. YOU MUST COMPLY WITHIN FORTY-EIGHT (48) HOURS OF WRITTEN NOTICE AND MUST PROVIDE PROMPT ASSISTANCE AND FULL COOPERATION WITH ANY SUCH REQUEST. BREACH OF THIS CLAUSE IS A MATERIAL BREACH OF THESE TERMS AND GROUNDS FOR IMMEDIATE TERMINATION UNDER CLAUSE 11.4, AND YOU INDEMNIFY KIRGO UNDER CLAUSE 10.4 FOR ANY RESULTING FINE, SANCTION, PENALTY OR LOSS.

7.7 EMAIL, SMS AND OTHER DIRECT MARKETING

• YOU MUST NOT SEND ANY EMAIL, SMS, PUSH NOTIFICATION, MESSAGING-APP MESSAGE OR OTHER DIRECT COMMUNICATION THAT USES KIRGO INTELLECTUAL PROPERTY OR PROMOTES KIRGO WITHOUT KIRGO'S PRIOR WRITTEN CONSENT.
• BEFORE CONSENT CAN BE CONSIDERED YOU MUST CONFIRM IN WRITING THAT THE COMMUNICATION WILL NOT BE SENT TO ANYONE YOU ARE AWARE HAS A SELF-EXCLUSION ARRANGEMENT WITH KIRGO OR WHO IS LOCATED IN A RESTRICTED JURISDICTION, THAT EVERY COMMUNICATION WILL CARRY A WORKING OPT-OUT, AND THAT EVERY RECIPIENT HAS GIVEN THE NECESSARY CONSENT TO RECEIVE THAT TYPE OF COMMUNICATION AND HAS NOT SINCE OPTED OUT.
• YOU MUST ALSO SUPPLY AN EXAMPLE OF THE INTENDED COMMUNICATION. EVERY COMMUNICATION MUST MAKE CLEAR THAT IT IS SENT BY YOU AND NOT BY KIRGO.
• SPAM IS PROHIBITED IN ALL CIRCUMSTANCES, AND CLAUSE 6.4 APPLIES TO ANY COST KIRGO INCURS AS A RESULT OF SPAM SENT BY YOU OR ON YOUR BEHALF.

7.8 CUSTOMER DATA, NO SCRAPING AND NO DATA HARVESTING

ALL INFORMATION RELATING TO ANY REFERRED CUSTOMER IS THE EXCLUSIVE AND SOLE PROPERTY OF KIRGO, WHICH IS THE DATA CONTROLLER OF THAT INFORMATION. YOU HAVE NO RIGHTS IN IT, OTHER THAN IN INFORMATION YOU HAVE GATHERED INDEPENDENTLY AND LAWFULLY OUTSIDE YOUR PARTICIPATION IN THE PROGRAM. YOU MUST NOT STORE, COPY, TRANSMIT OR OTHERWISE PROCESS CUSTOMER OR PLAYER PERSONAL DATA, CONTACT DETAILS, ACCOUNT DETAILS OR GAMEPLAY DATA FOR ANY PURPOSE OTHER THAN PERFORMING YOUR OBLIGATIONS UNDER THESE TERMS, AND YOU MUST NOT USE ANY KIRGO SYSTEM OR DATASET TO BUILD, ENRICH OR VERIFY A MARKETING LIST.

YOU MUST NOT, AND MUST NOT PERMIT ANY THIRD PARTY TO, USE ANY ROBOT, SPIDER, CRAWLER, SCRAPER, HEADLESS BROWSER, SCRIPT OR OTHER AUTOMATED MEANS TO ACCESS, INDEX, MONITOR, COPY OR EXTRACT DATA FROM KIRGO WEBSITES, APPLICATIONS, APIS, AFFILIATE PORTAL OR BACK-OFFICE SYSTEMS, OTHER THAN STANDARD SEARCH ENGINE INDEXING OF PUBLICLY AVAILABLE PAGES. YOU MUST NOT ATTEMPT TO CIRCUMVENT RATE LIMITS, ACCESS CONTROLS OR ROBOTS DIRECTIVES, OR TO REVERSE-ENGINEER, DECOMPILE OR PROBE KIRGO PLATFORM, TRACKING OR API.

YOU MUST COMPLY WITH ALL APPLICABLE DATA PROTECTION LAW, INCLUDING THE GDPR WHERE IT APPLIES TO YOU, AND WITH ALL LAW AND REGULATION GOVERNING THE USE OF COOKIES. YOU MUST NOTIFY KIRGO WITHOUT UNDUE DELAY, AND IN ANY EVENT WITHIN TWENTY-FOUR (24) HOURS, OF ANY SUSPECTED BREACH AFFECTING DATA RELATING TO KIRGO, ITS CUSTOMERS OR THE PROGRAM.

8. PROHIBITED PERSONS AND PROHIBITED ACTIVITIES

8.1 PROHIBITED PERSONS

YOU MUST NOT PARTICIPATE IN THE PROGRAM, AND KIRGO MAY REFUSE, SUSPEND OR TERMINATE PARTICIPATION AT ANY TIME, IF YOU, ANY OF YOUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BENEFICIAL OWNERS OR SUB-AFFILIATES, OR ANY PERSON OR ENTITY ON WHOSE BEHALF OR ALONGSIDE WHOM YOU PROMOTE KIRGO:

• IS A TARGET OF, IS OWNED OR CONTROLLED BY A TARGET OF, OR IS OTHERWISE SUBJECT TO SANCTIONS ADMINISTERED BY THE UNITED NATIONS, THE EUROPEAN UNION, THE UNITED KINGDOM, THE UNITED STATES (INCLUDING OFAC) OR ANY OTHER APPLICABLE AUTHORITY, OR IS LOCATED IN OR ORDINARILY RESIDENT IN A RESTRICTED JURISDICTION;
• APPEARS ON ANY PROHIBITED-PERSONS, DEBARMENT, WANTED OR LAW-ENFORCEMENT LIST, OR HAS BEEN CHARGED WITH OR CONVICTED OF AN OFFENCE INVOLVING FRAUD, BRIBERY, CORRUPTION, TAX EVASION, MONEY LAUNDERING, TERRORIST FINANCING, HUMAN TRAFFICKING, MODERN SLAVERY OR DISHONESTY;
• IS UNDER 18, OR IS SELF-EXCLUDED FROM KIRGO OR REGISTERED WITH ANY RECOGNISED SELF-EXCLUSION SCHEME;
• IS AN EMPLOYEE, OFFICER, CONTRACTOR OR AGENT OF KIRGO, OF RAINING GAMES LLC OR OF ANY GROUP COMPANY, OR A MEMBER OF THE IMMEDIATE HOUSEHOLD OF SUCH A PERSON, UNLESS KIRGO HAS APPROVED THE ARRANGEMENT IN WRITING;
• REFUSES OR FAILS TO COMPLETE THE VERIFICATION REQUIRED UNDER CLAUSES 2.2 AND 2.4, OR PROVIDES INFORMATION KIRGO REASONABLY BELIEVES TO BE FALSE, MISLEADING OR INCOMPLETE;

YOU MUST NOTIFY KIRGO IN WRITING WITHIN TEN (10) BUSINESS DAYS IF ANY OF THE ABOVE BECOMES TRUE OF YOU OR OF ANY PERSON CONNECTED TO YOU. ADVERTISING ON, EXCHANGING TRAFFIC WITH, ACCEPTING PAYMENT FROM, OR OTHERWISE DOING BUSINESS THROUGH THE PROGRAM WITH A PERSON OR ENTITY DESCRIBED IN THIS CLAUSE IS PROHIBITED AND IS A MATERIAL BREACH OF THESE TERMS.

8.2 PROHIBITED ACTIVITIES

THE FOLLOWING ARE PROHIBITED. WHERE ANY OF THEM OCCURS, OR WHERE KIRGO HAS REASONABLE GROUNDS TO SUSPECT THAT ANY OF THEM HAS OCCURRED, KIRGO MAY EXERCISE ANY OF THE REMEDIES IN CLAUSE 8.4 AND MAY TERMINATE YOUR PARTICIPATION UNDER CLAUSE 11.4:

• SELF-REFERRAL OR USING YOUR OWN TRACKING LINK TO EARN COMMISSION.
• ENGAGING IN OR ENCOURAGING MISUSE, COLLUSION, ARBITRAGE, OR MANIPULATION OF PROMOTIONS BY YOU OR YOUR REFERRED CUSTOMERS IS NOT ALLOWED.
• FAKE, INCENTIVIZED, OR NON-GENUINE REGISTRATIONS OR DEPOSITS.
• YOUR TRAFFIC MUST NOT INVOLVE STOLEN PAYMENT METHODS, IDENTITY THEFT, OR CHARGEBACK FRAUD.
• ANY ACTION AIMED AT MANIPULATING TRACKING, NGR, OR COMMISSION CALCULATIONS.
• CLAIMING, BACK-DATING OR MANUALLY ASSIGNING ATTRIBUTION OUTSIDE THE APPROVED METHODS SET OUT IN CLAUSE 3.4, OR MASKING OR MISREPRESENTING THE SOURCE OF YOUR TRAFFIC.
• CREATING MULTIPLE ACCOUNTS, OR MANIPULATING USER IDENTITY, IP ADDRESS, DEVICE OR GEOLOCATION DATA.
• GENERATING ARTIFICIAL OR SIMULATED WAGERING ACTIVITY THAT DOES NOT REFLECT GENUINE PLAY.
• DISTRIBUTING SPAM OR OTHER UNSOLICITED COMMUNICATIONS, OR SENDING DIRECT MARKETING IN BREACH OF CLAUSE 7.7.
• CONDUCTING ACTIVITY ON AN UNSUITABLE SITE OR PROHIBITED SITE, PUBLISHING ILLEGAL, DEFAMATORY, OBSCENE, HATEFUL OR INFRINGING CONTENT IN CONNECTION WITH KIRGO, OR OTHERWISE BREACHING THE CONTENT AND REPUTATION STANDARDS IN CLAUSE 7.6.
• SCRAPING, CRAWLING, HARVESTING OR OTHERWISE EXTRACTING DATA FROM KIRGO SITES OR SYSTEMS, OR MISUSING CUSTOMER OR PLAYER PERSONAL DATA, IN BREACH OF CLAUSE 7.8.
• BRAND BIDDING, OR OTHER UNAUTHORISED USE OF KIRGO'S TRADEMARKS, DOMAIN NAMES OR SITE DESIGN, IN BREACH OF CLAUSE 7.2.
• MARKETING TO MINORS OR TO SELF-EXCLUDED PERSONS, OR MARKETING IN BREACH OF CLAUSE 10.3.
• TARGETING, OR DIRECTING PLAYERS FROM, A RESTRICTED JURISDICTION, OR FAILING TO PUT REASONABLE TECHNICAL AND OPERATIONAL MEASURES IN PLACE TO PREVENT THIS, IN BREACH OF CLAUSE 10.2.
• BREACH OF ANTI-MONEY-LAUNDERING, SANCTIONS OR ANTI-BRIBERY REQUIREMENTS, OR DEALING WITH A PROHIBITED PERSON AS DESCRIBED IN CLAUSE 8.1.
• PROVIDING FALSE, MISLEADING OR INCOMPLETE INFORMATION IN YOUR APPLICATION OR VERIFICATION, OR USING A FALSE IDENTITY.
• ATTEMPTING TO HACK, ATTACK, REVERSE-ENGINEER, OR GAIN UNAUTHORIZED ACCESS TO KIRGO SYSTEMS.
• FAILING TO COOPERATE WITH A KIRGO INVESTIGATION, AUDIT OR INFORMATION REQUEST UNDER CLAUSE 8.5, OR DESTROYING, ALTERING OR WITHHOLDING RELEVANT RECORDS.
• OFFERING OR MAKING ANY PAYMENT, GIFT OR OTHER INDUCEMENT TO A KIRGO EMPLOYEE, CONTRACTOR OR AGENT, OR TO ANY PUBLIC OFFICIAL, IN CONNECTION WITH THE PROGRAM.
• KNOWINGLY BENEFITING FROM ACTIVITY OR TRAFFIC THAT IS KNOWN OR SUSPECTED NOT TO HAVE BEEN GENERATED IN GOOD FAITH, WHETHER OR NOT IT ACTUALLY CAUSES LOSS TO KIRGO.
• BREACH OF THE CONFIDENTIALITY OBLIGATIONS IN CLAUSE 13.

8.3 RECALCULATION AND CLAWBACK

WHERE KIRGO FINDS, OR HAS REASONABLE GROUNDS TO SUSPECT UNDER CLAUSE 8.4, THAT AN ACTIVITY IS NON-QUALIFYING OR CONNECTED WITH FRAUDULENT ACTIVITY, KIRGO MAY RECALCULATE COMMISSION FOR THE AFFECTED PERIOD, INCLUDING RETROSPECTIVELY, AND MAY REQUIRE REPAYMENT OF COMMISSION ALREADY PAID. KIRGO MAY RECOVER THAT AMOUNT BY SET-OFF UNDER CLAUSE 6.4 OR BY DEMANDING PAYMENT FROM YOU DIRECTLY. THE OTHER REMEDIES AVAILABLE TO KIRGO ARE SET OUT IN CLAUSE 8.4.

8.4 INVESTIGATION AND REMEDIES ON SUSPECTED BREACH

KIRGO MAY INVESTIGATE WHERE IT SUSPECTS FRAUDULENT ACTIVITY OR ANY OTHER BREACH OF THESE TERMS ON AN AFFILIATE ACCOUNT. KIRGO DOES NOT NEED PROOF TO ACT UNDER THIS CLAUSE; A REASONABLE SUSPICION, HONESTLY HELD AND BASED ON IDENTIFIABLE GROUNDS, IS SUFFICIENT.

WHERE KIRGO SUSPECTS A BREACH, OR WHERE YOU ARE NEGLIGENT IN YOUR PERFORMANCE UNDER THE PROGRAM OR FAIL TO MEET YOUR OBLIGATIONS, THE FOLLOWING REMEDIES ARE AVAILABLE TO KIRGO, AND THEY ARE NOT MUTUALLY EXCLUSIVE:

• TO SUSPEND YOUR PARTICIPATION IN THE PROGRAM FOR THE PERIOD REQUIRED TO INVESTIGATE, DURING WHICH PAYMENT OF COMMISSION IS ALSO SUSPENDED;
• TO DISABLE OR RE-POINT YOUR TRACKING LINKS, FREEZE FURTHER ACCRUAL, AND SUSPEND OR RESTRICT THE ACCOUNTS OF AFFECTED CUSTOMERS;
• TO WITHHOLD ANY COMMISSION ARISING FROM OR RELATING TO THE CAMPAIGN, TRAFFIC, CONTENT OR ACTIVITY IN QUESTION;
• TO WITHHOLD FROM COMMISSION ANY AMOUNT KIRGO REASONABLY CONSIDERS NECESSARY TO COVER AN INDEMNITY GIVEN BY YOU OR A LIABILITY ARISING FROM YOUR BREACH;
• TO RECALCULATE OR CANCEL COMMISSION AND REQUIRE REPAYMENT UNDER CLAUSE 8.3; AND
• TO TERMINATE THE AGREEMENT IMMEDIATELY IN ACCORDANCE WITH CLAUSE 11.4.

KIRGO WILL NORMALLY TELL YOU THAT AN INVESTIGATION IS OPEN AND GIVE YOU A REASONABLE OPPORTUNITY TO RESPOND, UNLESS DOING SO WOULD PREJUDICE THE INVESTIGATION OR KIRGO IS PREVENTED FROM DOING SO BY LAW, BY A REGULATOR OR BY ITS LICENSOR. KIRGO WILL AIM TO CONCLUDE AN INVESTIGATION WITHIN SIXTY (60) DAYS, EXTENDING THAT PERIOD ONLY WHERE THE MATTER IS COMPLEX OR THIRD-PARTY INPUT IS OUTSTANDING. IF THE INVESTIGATION DOES NOT SUBSTANTIATE THE SUSPICION, YOUR AFFILIATE ACCOUNT IS REINSTATED AND ANY WITHHELD COMMISSION IS RELEASED IN THE NEXT SCHEDULED PAYMENT RUN, WITH NO INTEREST OR COMPENSATION PAYABLE IN RESPECT OF THE PERIOD OF SUSPENSION. SUSPENSION UNDER THIS CLAUSE IS A PROTECTIVE MEASURE AND IS NOT BY ITSELF AN ALLEGATION OF WRONGDOING.

8.5 INFORMATION, COOPERATION AND AUDIT

YOU MUST GIVE KIRGO ALL ASSISTANCE AND INFORMATION IT REQUESTS IN ORDER TO MONITOR YOUR ACTIVITY UNDER THE PROGRAM. ON REASONABLE NOTICE KIRGO MAY AUDIT YOUR COMPLIANCE WITH THESE TERMS, AND YOU MUST PROVIDE THE REQUIRED INFORMATION, WITHIN TEN (10) BUSINESS DAYS OF A WRITTEN REQUEST.

KIRGO MAY REVIEW AND APPROVE OR REJECT YOUR MARKETING METHODS AND PROPERTIES AT ITS SOLE DISCRETION AND WITHOUT GIVING REASONS.

9. INACTIVITY AND DORMANCY

9.1 MULTI-BRAND ACTIVITY PERMITTED

YOU CAN PROMOTE OTHER BRANDS, INCLUDING COMPETITORS, ALONGSIDE KIRGO. COLLABORATING WITH OTHER OPERATORS IS ALLOWED AND DOESN'T VIOLATE THE TERMS OR LEAD TO TERMINATION. THESE TERMS MAINLY FOCUS ON STOPPING ACTIVE PROMOTION OF KIRGO, NOT PROMOTING OTHER BRANDS.

9.2 INACTIVITY AND DISENGAGEMENT

DISENGAGEMENT REFERS TO REDUCING OR STOPPING ACTIVE PROMOTION OF KIRGO. KIRGO PRIMARILY EVALUATES DISENGAGEMENT USING FTD PERFORMANCE DATA FROM OUR BACK-OFFICE AND MAY ALSO CONSIDER OTHER SIGNS, SUCH AS PROMOTING COMPETING BRANDS RATHER THAN KIRGO. KEY INDICATORS INCLUDE:

• NO NEW FTDS FOR A CONTINUOUS PERIOD OF AT LEAST SIX (6) MONTHS; OR
• A MATERIAL AND SUSTAINED DECLINE IN FTDS MEASURED AGAINST YOUR OWN TRAILING PERFORMANCE, ASSESSED BY KIRGO AT ITS DISCRETION.

WHERE YOU HAVE PRODUCED NO NEW FTD FOR SIX (6) CONTINUOUS MONTHS, KIRGO MAY REDUCE YOUR REVENUE-SHARE RATE BY FIVE (5) PERCENTAGE POINTS EVERY THREE (3) MONTHS, BEGINNING IN THE SEVENTH MONTH, UNTIL YOUR RATE REACHES YOUR AGREED-UPON BASE REVENUE-SHARE RATE. KIRGO WILL NOTIFY YOU BEFORE THE FIRST REDUCTION TAKES EFFECT. KIRGO MAY ALSO MOVE YOUR ACCOUNT TOWARD DORMANCY UNDER CLAUSE 9.3, OR END YOUR PARTICIPATION UNDER CLAUSE 11, AFTER NOTIFYING YOU. ACTIVELY PROMOTING KIRGO ALONGSIDE OTHER BRANDS DOES NOT COUNT AS DISENGAGEMENT.

9.3 DORMANCY AND CLOSURE

WHERE YOU HAVE PRODUCED NO NEW FTD AND THERE IS NO EVIDENCE OF ACTIVE PROMOTION OF KIRGO FOR A CONTINUOUS PERIOD OF SIX (6) MONTHS, KIRGO MAY MARK YOUR AFFILIATE ACCOUNT DORMANT. THE RATE REDUCTION IN CLAUSE 9.2 MAY APPLY AT THE SAME TIME.

BEFORE CLOSING A DORMANT ACCOUNT, KIRGO WILL CONTACT YOU AT THE EMAIL ADDRESS HELD ON YOUR AFFILIATE ACCOUNT AND GIVE YOU THIRTY (30) DAYS TO CONFIRM THAT YOU INTEND TO RESUME ACTIVE PROMOTION. IF YOU DO NOT RESPOND WITHIN THAT PERIOD, OR YOU RESPOND BUT DO NOT RESUME ACTIVE PROMOTION WITHIN A FURTHER NINETY (90) DAYS, KIRGO MAY TERMINATE YOUR PARTICIPATION ON WRITTEN NOTICE.

TERMINATION DOES NOT AFFECT COMMISSION ALREADY EARNED AND PAYABLE, BUT NO NEW COMMISSION ACCRUES AFTER THE TERMINATION DATE, AS SET OUT IN CLAUSE 11.5. THIS CLAUSE DOES NOT LIMIT KIRGO'S RIGHTS UNDER CLAUSES 8.4, 11.3 OR 11.4.

10. COMPLIANCE AND RESTRICTED JURISDICTIONS

10.1 LICENSING CONTEXT

KIRGO IS LICENSED IN ANJOUAN (OGRA). ENSURE COMPLIANCE WITH ALL RELEVANT LAWS AND LICENSE TERMS IN YOUR MARKETING EFFORTS.

10.2 RESTRICTED JURISDICTIONS

YOU ARE NOT ALLOWED TO TARGET OR DIRECT PLAYERS FROM THE UNITED STATES, THE UK, SWEDEN, GERMANY, THE NETHERLANDS, DENMARK, SPAIN, OR ANY AREA UNDER FATF OR INTERNATIONAL SANCTIONS. KIRGO CAN UPDATE THIS LIST AT ANY TIME.

10.3 RESPONSIBLE GAMBLING

ALL PROMOTIONS ARE RESTRICTED TO ADULTS AGED 18 AND OVER AND SHOULD NOT TARGET MINORS, VULNERABLE INDIVIDUALS, OR THOSE WHO HAVE SELF-EXCLUDED. MAKE SURE TO INCLUDE RESPONSIBLE GAMBLING MESSAGES IN LINE WITH KIRGO'S GUIDELINES.

10.4 INDEMNITY FOR RESTRICTED ACTIVITY

YOU AGREE TO PROTECT KIRGO FROM ANY FINES, PENALTIES, OR LOSSES IF YOU VIOLATE CLAUSE 10, ESPECIALLY IF YOUR ACTIONS INVOLVE A RESTRICTED JURISDICTION. ANY TRACKING LINKS RELATED TO RESTRICTED ACTIVITY MAY BE TEMPORARILY SUSPENDED, AND PAYMENTS MAY BE HELD DURING INVESTIGATION.

10.5 REGULATORY INFORMATION REQUESTS

KIRGO MAY FROM TIME TO TIME RECEIVE A REQUEST FOR INFORMATION FROM ITS LICENSOR, A GAMBLING REGULATOR OR ANOTHER COMPETENT AUTHORITY IN CONNECTION WITH ACTIVITY UNDER THESE TERMS. WHERE THAT HAPPENS, KIRGO MAY ASK YOU FOR ANY INFORMATION IT REASONABLY REQUIRES IN ORDER TO RESPOND, AND YOU MUST PROVIDE OR PROCURE THAT INFORMATION PROMPTLY AND ASSIST TO THE EXTENT REQUIRED. YOU ALSO UNDERTAKE TO ASSIST KIRGO FULLY IN PROVIDING ANY INFORMATION REQUESTED BY, OR THAT KIRGO REASONABLY WISHES TO FURNISH TO, ANY GOVERNMENTAL ORGANISATION OR REGULATORY BODY IN CONNECTION WITH A BREACH OF CLAUSE 10.

11. TERM AND TERMINATION

11.1 TERM

THESE TERMS BEGIN WHEN YOU JOIN AND END WHEN EITHER YOU OR WE CANCEL THEM AS OUTLINED IN CLAUSE 11.

11.2 TERMINATION FOR CONVENIENCE

EITHER PARTY MAY CANCEL THEIR INVOLVEMENT IN THE PROGRAM AT ANY TIME WITH 30 DAYS' WRITTEN NOTICE, NO REASON NEEDED. COMMISSIONS EARNED BEFORE THE END DATE WILL BE PAID, BUT NONE WILL BE EARNED AFTERWARD.

11.3 TERMINATION FOR CAUSE

KIRGO CAN END YOUR PARTICIPATION FOR SERIOUS REASONS, EITHER IMMEDIATELY OR WITH NOTICE. WE MAY WITHHOLD UNPAID COMMISSIONS IF YOU VIOLATE THE TERMS, ENGAGE IN PROHIBITED CONDUCT, OR WHERE THE LAW REQUIRES IT. IF A BREACH CAN BE FIXED, YOU MAY BE GIVEN TIME TO CORRECT IT BEFORE TERMINATION. PROMOTING OTHER BRANDS ALONGSIDE KIRGO IS ALLOWED AND WILL NOT LEAD TO TERMINATION. HOWEVER, WHERE A BREACH FALLS WITHIN CLAUSE 11.4, TERMINATION IS IMMEDIATE AND NO OPPORTUNITY TO REMEDY IS GIVEN. KIRGO MAY ALSO TERMINATE FOR CAUSE WHERE IT HAS REASONABLE GROUNDS TO SUSPECT A SERIOUS BREACH OF THESE TERMS, INCLUDING FRAUDULENT ACTIVITY, FOLLOWING THE PROCESS IN CLAUSE 8.4.

11.4 IMMEDIATE TERMINATION AND FORFEITURE FOR SERIOUS BREACH

KIRGO RESERVES THE RIGHT TO END YOUR PARTICIPATION IMMEDIATELY AND WITHOUT PRIOR NOTICE, DISABLE YOUR TRACKING LINKS, AND FORFEIT ANY UNPAID OR ACCRUED COMMISSIONS WHERE YOU OR YOUR SUB-AFFILIATES FALL WITHIN, OR WHERE KIRGO HAS REASONABLE GROUNDS TO SUSPECT THAT YOU OR YOUR SUB-AFFILIATES FALL WITHIN, ANY OF THE FOLLOWING:

• ANY CIRCUMSTANCE DESCRIBED IN CLAUSE 8.1 (PROHIBITED PERSONS) APPLYING TO YOU, A DIRECTOR, AN OFFICER, A BENEFICIAL OWNER OR A SUB-AFFILIATE;
• ANY PROHIBITED ACTIVITY LISTED IN CLAUSE 8.2, WHETHER COMMITTED BY YOU OR BY A SUB-AFFILIATE;
• ANY OTHER MATERIAL BREACH OF THESE TERMS, INCLUDING CONDUCT THAT PREJUDICES KIRGO'S LICENCES, PERMITS OR APPROVALS; OR
• YOUR INSOLVENCY, BANKRUPTCY, ADMINISTRATION, LIQUIDATION, OR CESSATION OF BUSINESS.

IF THE CONTRACT IS TERMINATED IMMEDIATELY UNDER THIS CLAUSE, CLAUSE 11.5 WILL APPLY AND NO FURTHER COMMISSION WILL BE EARNED. KIRGO MAY ALSO RECOVER COMMISSION ALREADY PAID AND SET OFF AMOUNTS YOU OWE UNDER CLAUSES 8.3 AND 6.4, AND MAY REPORT THE MATTER TO REGULATORS, LICENSORS, PAYMENT PROVIDERS OR LAW ENFORCEMENT. THESE RIGHTS ARE IN ADDITION TO ANY OTHER REMEDIES KIRGO HAS. TERMINATION DOES NOT RELEASE YOU FROM LIABILITY FOR ANY BREACH OCCURRING BEFORE THE TERMINATION DATE.

11.5 EFFECT OF TERMINATION - NO CONTINUING REVENUE

WHEN YOUR AGREEMENT ENDS, YOUR TRACKING LINKS WILL BE DEACTIVATED AND YOUR EARNING RIGHTS, INCLUDING ANY REVSHARE OR OTHER COMMISSIONS FROM PAST CUSTOMERS, WILL CEASE. COMMISSION EARNED BEFORE TERMINATION IS PAID IN ACCORDANCE WITH CLAUSE 11.2, EXCEPT WHERE IT IS FORFEITED UNDER CLAUSE 11.4. PARTICIPATION DOES NOT PROVIDE ONGOING OR POST-TERMINATION COMMISSIONS. CONFIDENTIALITY, INDEMNITY, LIABILITY, RECALCULATION, AND GOVERNING LAW TERMS REMAIN IN EFFECT. ON TERMINATION YOU MUST IMMEDIATELY CEASE ALL MARKETING ACTIVITY, REMOVE ALL KIRGO BANNERS, CREATIVES AND BRAND REFERENCES FROM YOUR PROPERTIES, DISABLE ALL LINKS TO KIRGO SITES, AND PROMPTLY RETURN OR DESTROY ALL CONFIDENTIAL INFORMATION AND ANY CUSTOMER INFORMATION IN YOUR POSSESSION OR CONTROL. ALL RIGHTS AND LICENCES GRANTED TO YOU END IMMEDIATELY.

12. STATEMENTS AND DISPUTES

12.1 ACCEPTANCE OF STATEMENTS

ACCEPTANCE OF A COMMISSION PAYMENT IS CONSIDERED FULL SETTLEMENT FOR THAT MONTH. IF YOU DISPUTE THE CALCULATION, DO NOT ACCEPT THE PAYMENT AND GIVE WRITTEN NOTICE WITHIN 30 DAYS OF MONTH-END. AFTER THAT, YOU WAIVE YOUR RIGHT TO DISPUTE.

12.2 SOURCE OF TRUTH

OUR BACK-OFFICE SYSTEM AND THE PLATFORM EXCHANGE-RATE LOG ARE THE PRIMARY REFERENCES FOR SETTLING ANY DISPUTES RELATED TO METRICS, NGR, OR CONVERSION.

13. CONFIDENTIALITY

PLEASE KEEP ALL INFORMATION RECEIVED FROM KIRGO, SUCH AS COMMISSION RATES, SPECIAL DEAL TERMS, AND DATA REPORTS, CONFIDENTIAL. DO NOT SHARE OR USE IT OUTSIDE OUR AFFILIATE PROGRAM, EVEN AFTER IT ENDS. YOU MUST NOT ISSUE ANY PRESS RELEASE OR SIMILAR PUBLIC COMMUNICATION ABOUT YOUR PARTICIPATION IN THE PROGRAM WITHOUT KIRGO'S PRIOR WRITTEN CONSENT, INCLUDING CONSENT TO THE EXACT CONTENT. THESE OBLIGATIONS SURVIVE TERMINATION.

14. LIABILITY

14.1 LIMITATION

KIRGO'S LIABILITY IS LIMITED BY LAW. IT DOES NOT COVER INDIRECT LOSSES, PROFIT LOSS, OR ISSUES CAUSED BY TECHNICAL FAILURES, THIRD-PARTY ACTIONS, OR EVENTS BEYOND ITS CONTROL, SUCH AS DELAYED PAYMENTS DUE TO NETWORK ISSUES OR INCORRECT PAYOUT INFORMATION YOU PROVIDE.

14.2 CAP

EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED AS A MATTER OF LAW, KIRGO'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, WARRANTY OR ON ANY OTHER BASIS, WILL NOT EXCEED THE TOTAL COMMISSION GENERATED BY YOU IN THE TWELVE (12) MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14.3 INDEPENDENT PARTIES

AS AN INDEPENDENT PROMOTER, YOU'RE NOT CONSIDERED AN EMPLOYEE, PARTNER, OR AGENT OF KIRGO. YOU'RE RESPONSIBLE FOR YOUR OWN TAXES AND REGULATORY DUTIES.

15. GENERAL

15.1 AMENDMENTS

KIRGO CAN UPDATE THESE TERMS WHENEVER NEEDED, AND YOU'LL BE INFORMED OF MAJOR CHANGES VIA YOUR AFFILIATE ACCOUNT OR EMAIL. IF YOU CONTINUE PARTICIPATING AFTER THE UPDATE, YOU ACCEPT THE NEW TERMS.

15.2 ASSIGNMENT

YOU CAN'T ASSIGN THESE TERMS WITHOUT KIRGO'S PRIOR WRITTEN PERMISSION. HOWEVER, KIRGO CAN TRANSFER OR SWITCH THESE TERMS TO A SUCCESSOR OR RELATED GROUP ENTITY.

15.3 SEVERABILITY

IF ANY PART OF THIS AGREEMENT ISN'T ENFORCEABLE, THE REST STILL APPLIES IN FULL.

15.4 GOVERNING LAW

THESE TERMS ARE GOVERNED BY ANJOUAN LAW, AND BOTH PARTIES AGREE TO SUBMIT TO THE COURTS THERE, WHILE STILL COMPLYING WITH ANY ESSENTIAL CONSUMER OR REGULATORY RULES THAT PROTECT YOU.

15.5 ENTIRE AGREEMENT

THESE TERMS, ALONG WITH ANY WRITTEN DEAL SCHEDULE YOU AGREE TO WITH YOUR AFFILIATE MANAGER, CONSTITUTE THE COMPLETE AGREEMENT FOR THE PROGRAM. THEY REPLACE ANY PREVIOUS REPRESENTATIONS.

15.6 NON-SOLICITATION

DURING YOUR PARTICIPATION IN THE PROGRAM, AND FOR TWELVE (12) MONTHS AFTER IT ENDS, YOU MUST NOT DIRECTLY OR INDIRECTLY SOLICIT, ATTEMPT TO SOLICIT, DIVERT OR HIRE AWAY ANY PERSON ENGAGED BY KIRGO OR ANY GROUP COMPANY AS AN EMPLOYEE, CONTRACTOR OR CONSULTANT. IF YOU ARE UNSURE WHETHER AN INDIVIDUAL IS SO ENGAGED, YOU MUST ASK KIRGO IN WRITING BEFORE APPROACHING THEM.

15.7 RESPECTFUL CONDUCT

WE WANT THE WORKING RELATIONSHIP TO BE A PROFESSIONAL ONE, AND THAT RUNS BOTH WAYS. YOU MUST DEAL WITH KIRGO AND ITS EMPLOYEES, CONTRACTORS AND AGENTS RESPECTFULLY AND IN GOOD FAITH AT ALL TIMES, WHETHER IN WRITING, BY EMAIL OR CHAT, ON A CALL, ON SOCIAL MEDIA OR IN PERSON. ABUSIVE, THREATENING, HARASSING, DISCRIMINATORY OR INTIMIDATING BEHAVIOUR TOWARDS ANYONE AT KIRGO IS NOT ACCEPTABLE, AND NEITHER IS PUBLISHING FALSE OR MALICIOUS STATEMENTS ABOUT KIRGO, ITS BRANDS OR ITS PEOPLE. KIRGO HOLDS ITSELF TO THE SAME STANDARD, AND IF YOU FEEL YOU HAVE BEEN TREATED UNFAIRLY YOU SHOULD RAISE IT WITH YOUR AFFILIATE MANAGER OR WITH KIRGO MANAGEMENT. WHERE CONDUCT TOWARDS KIRGO STAFF IS SERIOUS OR REPEATED, KIRGO MAY SUSPEND YOUR AFFILIATE ACCOUNT, LIMIT YOUR CONTACT TO A SINGLE NAMED CHANNEL, OR END YOUR PARTICIPATION UNDER CLAUSE 11.3 OR 11.4.

15.8 NO WAIVER AND EQUITABLE RELIEF

KIRGO'S FAILURE TO ENFORCE STRICT PERFORMANCE OF ANY PROVISION DOES NOT WAIVE ITS RIGHT TO ENFORCE THAT OR ANY OTHER PROVISION LATER; NO WAIVER IS IMPLIED FROM CONDUCT AND NONE IS EFFECTIVE UNLESS GIVEN IN WRITING. YOU ACKNOWLEDGE THAT DAMAGES MAY BE AN INADEQUATE REMEDY FOR A BREACH OR THREATENED BREACH OF THESE TERMS AND THAT KIRGO MAY SEEK SPECIFIC PERFORMANCE, INJUNCTION OR OTHER EQUITABLE RELIEF IN ADDITION TO ANY OTHER REMEDY AVAILABLE TO IT.

15.9 FORCE MAJEURE

NEITHER PARTY IS LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS CAUSED BY AN EVENT BEYOND ITS REASONABLE CONTROL, INCLUDING STRIKES, INDUSTRIAL ACTION, RIOTS, FIRE, FLOOD, STORM, EARTHQUAKE, ACT OF GOD, ACT OF TERRORISM, WAR, GOVERNMENTAL ACTION, AND UTILITY, BLOCKCHAIN NETWORK OR COMMUNICATIONS FAILURE. IF SUCH AN EVENT CONTINUES FOR MORE THAN THIRTY (30) DAYS, EITHER PARTY MAY TERMINATE ON WRITTEN NOTICE WITH IMMEDIATE EFFECT.

15.10 LANGUAGE

THESE TERMS WERE DRAFTED IN ENGLISH. IF KIRGO PROVIDES A TRANSLATION AND THERE IS ANY DISCREPANCY OR INCONSISTENCY BETWEEN IT AND THE ENGLISH VERSION, THE ENGLISH VERSION PREVAILS.