Effective from: {01.10.2019}
Last updated: {01.10.2019}
We advise that you learn these Terms and Conditions thoroughly prior to using our services.
Upon registering an Affiliate Account with the WildTornado Affiliate Program, you give your consent to be legally obligated to abide by our Terms and Conditions.
We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
Definitions
Admin Fee
The monetary worth of bonuses, cash or fraud adjustments that the casino grants to Referred Players or any other expenses required for the retention of Referred Players. The admin fee is set to 25%.
Agreement
All the Terms and Conditions specified in this document, including any other guidelines mentioned both in the Affiliate Program and at WildTornado Website.
Accounting Period
A period of time during which the Affiliate Profit is accumulated and calculated. The Accounting Period is: from the 1st to the end of the corresponding month.
Affiliate
An individual human being or a legal person who creates an Affiliate Account on WildTornado Website and has been approved by WildTornado as an Affiliate of the WildTornado Affiliate Program.
Balances Carried Over
When the Commission is calculated and Net Win appears to be negative (the reason/reasons for this may be the subtraction of Admin Fees and/or Player winnings and/or Progressive Contributions and/or cash Items), the balance in question will be set to zero.
However, if the reason for a negative balance is fraud costs, the said balance will be carried over where appropriate.
Player/Customer
An individual human being or a legal person referred by You to a Product offered by WildTornado and possessing a Player Account at WildTornado Website.
Fees
The sum to be paid to You by WildTornado for providing us with the services according to the terms of this Agreement, determined by the Revenue Share model, Hybrid Model, or Cost Per Aquisition Model, whatever the case may be.
Gross Win
The total revenue produced by all Products of WildTornado as a consequence of all stakes and/or deposits by Players brought to WildTornado by You.
Net Win/Net Revenue
Bonuses, Progressive Contributions, fraud costs or other network fees subtracted from Gross Win.
Progressive Contributions
Revenue percentage produced by any progressive slot that is contributed by WildTornado into the progressive pool.
Referred Player
A Player who has gotten access to any kind of WildTornado’s Products and created a Player Account on WildTornado by means of a link belonging to the Affiliate. Registered players who already use the services of WildTornado shall no be deemed ‘Referred Players’.
Sub-Affiliate
An individual human being or a legal person who is Your business partner and who, having created their own Affiliate Account with WildTornado, intends to direct traffic to Us (or helps you to direct traffic to Us).
Terms and Conditions
Terms and Conditions that you are reading now, titled the ‘ WildTornado Affiliate Program Terms and Conditions’.
Website
The sites www.wildtornado.com, including any other sites controlled by Us.
Us/We/Our
WildTornado.
You/Your
You as a WildTornado Affiliate, including any Sub-Affiliates engaged by You in accordance with this Agreement.
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1. Accepting the Affiliate
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It is solely at our discretion whether to approve Your application for the WildTornado Affiliate Program or to reject it, and this Agreement shall come into force only after WildTornado confirms it in a written form.
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The Affiliate hereby warrants the following:
- All the data that You furnish Us with is comprehensive, truthful and valid;
- You have a complete understanding of the Terms and Conditions of this Agreement;
- You have title and authority to enter into this Agreement and fulfil all of the obligations that are specified in it;
- You are in possession of all licenses and authorizations required to perform the obligations that are specified in this Agreement;
- You fully understand that Your Affiliate mission shall be restricted to the promotion of the products of the WildTornado Website. You do not have the authority to directly or indirectly communicate with any of WildTornado’s new, prospect or existing Players regarding activities taking place at our Website or any complaints or discord that may arise from them;
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WildTornado reserves the right to:
- Make a request for data regarding marketing channels used by You to direct New Players to the WildTornado Website at any time;
- Refuse the admission of Your application, close or suspend Your Affiliate Account should these measures be necessary to conform with Our policies and/or to defend Our interests.
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2. Wild Tornado Affiliates: Your Rights And Obligations
- By registering an account with the WildTornado Affiliate Program, You agree to conform to the WildTornado Affiliate Program Terms and Conditions.
- In order for you to be able to direct Players to our Website, We provide you with a revocable, non-exclusive and non-transferable license that will be valid during the term of this Agreement.
- WildTornado will keep a record of the gaming activity of Referred Players. Also, we reserve the right to refuse Players or to close their accounts should it be required in order to conform to applicable regulations, rules, and laws.
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The Affiliate hereby warrants:
- To do Your best to efficiently and widely promote the WildTornado Website using effective marketing channels;
- To keep track of all promotional offers, bonuses, and news related to the WildTornado Website in order to keep them updated at all times;
- To direct prospect Players to the WildTornado Website at Your own cost and risk. Please note that You will bear sole responsibility for the legality and distribution of Your marketing activities which must conform to applicable laws and regulations and be consistent with this Agreement;
- Your fulfilment of this Agreement shall not violate the Intellectual Property rights and any other rights of thirdsmen including but not limited to right of publicity, right of privacy, and contractual rights.
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The Affiliate hereby warrants:
- You will refrain from targeting countries where gambling and marketing thereof is illegal;
- You will refrain from targeting persons who are not of legal age for gambling;
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You will not drive traffic to WildTornado by engaging in fraudulent or illegal conduct, including but not limited to:
- Sending unsolicited messages/emails or spam with the intention to direct Players to the WildTornado Website;
- Creating a Player Account or in a direct or indirect way, deposit money to a Player Account by means of Your Affiliate Links to obtain personal benefits or the benefits for any third party or to attempt to augment Your commission in any false way, or to otherwise defraud WildTornado. Infringement of this provision will be considered to be fraud;
- Introducing your Affiliate Website(s) in such a way that it gives an idea of the Affiliate Website(s) originating from WildTornado;
- You will not use direct marketing methods to sent information to Players who excluded themselves from the WildTornado Website should you be aware of such exclusion;
- You will not post any incorrect or unreliable information that may mislead Players;
- Except for the promotional materials as may be posted online on the WildTornado Website or forwarded by WildTornado, You will not use Intellectual Property Rights of WildTornado, including but not limited to the use of Our trademark, unless it is agreed in writing;
- You will not engage in offensive conduct in a way that the reputation of WildTornado is undermined.
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3. Our Rights and Obligations
- WildTornado shall furnish You with all necessary data and promotional materials required for the marketing of the WildTornado Website on Your Affiliate Website(s), including all the information required for the placement of Your Affiliate Links;
- Should You create your own marketing materials, you shall ensure the compliance of the said materials with the provisions of this Agreement. WildTornado shall not accept liability for any sanctions imposed on You for failing to conform to applicable laws and regulations;
- WildTornado shall control the turnover produced by Your Affiliate Links, keep a record of Net Revenue and the Affiliate Profit earned by Your Affiliate Links as well as furnish You with the Affiliate Commission statistics;
- WildTornado shall pay You Your Affiliate Commission in accordance with the terms of this Agreement;
- WildTornado reserves the right to refuse the creation of an account by a New Player as well as to terminate or suspend any Player Account at Our sole discretion should it be necessary to conform with Our policies and/or to defend Our interests;
- Should it be of necessity for the fulfilment of this Agreement or for the conformity to laws and rules or in case of legitimate interest, we may collect personal data related to You and/or Your employees, to which you give your consent;
- In order to ensure due diligence in the operation of our Website, we reserve the right to request any data from You at any time;
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Suspension or termination of Affiliate Accounts. WildTornado reserves the right to:
- In the event of Our suspicion that You violated the conditions of this Agreement in any way, we will block Your Affiliate Account and suspend payouts for the period of investigation. Should such a breach be proven by the investigation, We reserve the right to refuse to pay Your Affiliate Profit;
- To terminate Your Affiliate Account fi, in Our opinion, it is necessary to conform to Our policies and/or to defend Our interests. In addition to the termination of Your Affiliate Account, the violation of the Agreement by you may result in Our taking legal measures to defend Our interests;
- To bring the Agreement to an end if Net Revenue fails to cover WildTornado’s costs for the maintenance of Your Affiliate Account and the process of payout. WildTornado shall not bear liability for any loss and damage inflicted on You in accordance with clause 3.8.
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4. Operational Rules
- During the validity of the Agreement, you shall ensure the noticeable display of Your Affiliate Links on Your Website(s) in the context of what is agreed between WildTornado and
- You shall abide by privacy and data protection regulations and legislation;
- We reserve the right to oversee Your Affiliate Website(s) with the intent to make sure that You comply with the terms and conditions of this Agreement and upon Our request at any time, you shall furnish Us with all information necessary for such supervision;
- We reserve the right to insist on Your instant removal of any marketing material which is considered, in Our sole opinion, to be the violation of any applicable marketing rules.
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5. Intellectual Property Rights
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We provide you with a revocable, non-exclusive and non-transferable license that will be valid during the term of this Agreement. The said license entitles You to utilize the Approved Promotional Material as specified below and that we will further on this document refer to as ‘Licensed IP’. Both the License and the Licensed IP are given to You in the context of this Clause and shall be dependant on the following:
- The use of the Licensed IP by You is restricted to the performance of Your obligations in the context of this Agreement;
- Sub-licensing or the assignment of the Licensed IP by You to any thirdsmen is not allowed unless We have given Our consent to it in writing;
- You shall not subject the Licenced IP to any change, such as modification, adjustment or manipulation, including but not limited to creating its derivative materials;
- You shall refrain from the assertion that the Intellectual Property Rights are invalid and/or unenforceable, or object to the ownership of the said rights in any action, and You shall not act in a way that may cause harm to WildTornado’s Intellectual Property Rights, create the identical generic, or in any other way undermine their validity;
- You shall refrain from using the Licenced IP or any other WildTornado’s Intellectual Property in a way that causes confusion to players, in particular, gives the impression that the Affiliate Website(s) originated from WildTornado;
- The use of any other WildTornado’s Intellectual Property may be possible in case you are granted Our written consent;
- We are entitled to terminate the license at any time and without giving reasons.
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6. Confidentiality
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During the validity period of this Agreement and for three (3) years thereafter, All Parties agree to:
- Refrain from disclosure of Confidential Information to any thirdsmen;
- Give access to the information in question to only those agents or employees to whom the use of the Confidential Information is necessary solely in the context of this Agreement and who have agreed to abide by confidentiality terms akin to those specified herein;
- Refrain from disassembling, engineering or reversion of the Confidential Information of any kind for the purpose of source discovery or other reasons;
- Exercise the utmost prudence and care in ensuring the safety of the Confidential Information;
- To give the disclosing Party an immediate notification should disclosure or unauthorised use of any kind of the Confidential Information take place and take measures to ensure the said information is returned as well as ensure prevention of its further unauthorized use or other violation of this Agreement;
- The Party that discloses Confidential Information agrees that such disclosure is limited to suppliers or subcontractors of the other Party who are in need of possession of the said information solely for the purpose of fulfilling the assignments in the context of this Agreement upon condition that such suppliers and subcontractors have given their consent to the other Party to abide by its confidentiality terms similar to those specified in this document or obligations intended to guard the said information to the degree specified hereunder as regards Confidential Information they will obtain including relevant obligations not to give access of the same to others and not to subject it to personal use as well as to ensure the return of the said information to the Party after their assignments have been accomplished;
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The limitations on disclosure of the Confidential Information listed above are not applicable to:
- The information that the receiving Party already possesses upon its disclosure provided that there are no binding confidentiality terms imposed otherwise;
- The information that is disclosed to the public without any wrongdoing on the part of the receiving Party;
- The information that is gained without limitation from a thirdsman and is subject to a free disclosure without obligations to the Party that discloses such information;
- The information that is gained by the receiving Party without outside help and is not marked confidential;
- The information that is necessary to be disclosed in accordance with the law, government or court order or other applicable regulation upon condition that the Party that falls under the said law, government or court order or other applicable regulation exercises reasonable measures to reduce such disclosure to the smallest possible degree and shall shortly give notification of this disclosure to the other Party as well as furnish it with the copy of the said legal act or order.
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7. LIABILITY AND INDEMNITY
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WildTornado shall not bear liability for:
- any losses related to the economic situation, including but not limited to loss of revenues, contracts or business;
- any losses of a consequential nature;
- any losses related to image or goodwill.
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You give Your consent to indemnify, defend and hold WildTornado and Our suppliers, successors, agents, contractors, their directors, employees, officers and agents harmless from and against any and all losses and liabilities, including reasonable expert and legal fees, connected with or resulting from:
- Violation of Your obligations, warranties or representations of any kind specified in this Agreement;
- The fulfillment of your obligations and responsibilities pursuant to this Agreement;
- Your improper care, or any damage inflicted by Your improper care or omissions or purposive behaviour, or the unauthorized use of Our Promotional materials or Our Intellectual Property Rights, or this Affiliate Program;
- Any kind of damages and claims, including but not limited to expert and legal fees, in relation to contents of Your website, Your Affiliate links and in connection to how you run, maintain and develop Your website;
- Any sanctions or penalties forced by the relevant jurisdictions and expenses of any kind of legal representation resulting from or connected to violation of this Agreement or failure to comply with Applicable Law;
- Behavior and acts of any kind taking place under Your password and Your user ID;
- WildTornado retains the right to take part in the protection of any claim pursuant to the above at Our own cost.
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8. PAYMENT AND COMMISSION
- Payment. If it is not agreed otherwise, Your default payment model is Revenue Share;
- WildTornado shall make calculations of Your Affiliate Profit and perform processing of payouts within up to five (5) working days after the Accounting Period is completed upon condition that the sum due goes beyond €50, which constitutes a minimum allowed for withdrawal;
- Your Affiliate Profit is subject to the automatic calculation when the respective Accounting Period finishes. Payments are subject to processing on the Payment Dates from the 1st to the 4th of the corresponding month upon the completion of the Accounting Period. You will receive email notification of the completion of processing of Your Affiliate Commission payment;
- Should winnings and/or bonuses and/or Administration Fees and/or Progressive Contributions contribute to the negativity of Net Revenue and the balance, the balance in question will be set to zero;
- Should We not be provided with the confirmation of actual payment details by You five (5) days prior to the completion of the Accounting Period as well as with the invoices requested by Us in due time or should You set the user settings of Your Affiliate Account to ‘suspend payments’, or should You fail to reach the minimum amount allowed for withdrawal, the balance will be carried over to the next Accounting Period and can be subject to the earnings-related influence of the next Accounting Period;
- Should there be an Affiliate Commission related claim on Your part, the said claim is to be put in writing and sent to WildTornado 30 (thirty) days after the completion of the Accounting Period at the latest and the claim should convey the reasons for the lack of consensus. In case You do not send us such notification within the stated time frame, this act will be deemed Your acceptance of the amount due for the stated period;
- If miscalculation of any kind takes place upon the calculation of Your Affiliate Profit, WildTornado retains the right to rectify such error at any time and will shortly pay out the missing funds or reclaim overpayment;
- WildTornado retains the right not to pay the Affiliate Commission to You should there be grounds to believe that the traffic generated by You is not legal or infringes any of the terms of this Agreement;
- You give Your consent to return all the money paid to You for the traffic which infringes the terms of the Agreement. Also, you agree to pay Us an indemnification of all expenses and losses inflicted as regards such transactions, including but not limited to legal costs;
- The payment of all fees, taxes, charges and any other sums due to any tax jurisdiction as the consequence of the payouts produced in the context of this Agreement falls under Your sole responsibility. At no time should WildTornado bear liability for the said sums unpaid but required to be paid by You;
- Should the Payment Day fall on the period of a weekend or a public or bank holiday in Ukraine, the payment will be made on the next working day;
- You agree that the Affiliate Profit due may be paid with a fifteen (15) day delay upon condition that you are notified of such delay by WildTornado.
- The Structure of Affiliate Commission.The Revenue Share Model implies that Your payment will be dependant on income produced by Players referred by You as it is specified on the model below.
- This model is subject to modification and alteration by WildTornado at any time and without prior notification.
How Revenue Share is calculated:
Income between €0.01 and €5000 – 25% on NGR;
Income between €5000.01 and €15,000 – 30% on NGR;
Income between €15,000.01 and €30,000 – 35%on NGR;
Income beyond €30,000.01 – 40% on NGR;
Income between €30,000.01 and €40,000.00 - 45% on NGR;
Income beyond €40,000.00 - 50% on NGR;
- Sub-Affiliate Revenue Share. Unless otherwise stated in your admin panel or accepted by the Parties, the Sub-Affiliate Revenue Share is estimated as 5% of the total revenue share generated by Your Sub-Affiliates;
- Replacement of WildTornado’s standard no negative carryover policy. WildTornado’s no negative carryover policy shall be deemed non-applicable and ineffective on the occasion when Wins of a single Player contribute to more than -$5,000 of Your Negative Affiliate Balance, in which case We will deem the Player in question a High Roller and take immediate measures to isolate this Player and make sure that no Net Win is produced to You by Him/Her until the complete negative balance has been met. Should the number of High Rollers exceed one (1), WildTornado will carry forward the negative balance for each High Roller singly.
- The CPA Model. Your Affiliate Commission under the CPA Payment Model is dependant on the number of Players referred by You to Us. You will be granted a sum established in advance as specified below. Please note that the CPA Model does not contain any Revenue Share elements.
This model is subject to modification and alteration by WildTornado at any time and without prior notification. Also, the terms of this model are subject to negotiation with each Affiliate personally.
How the CPA Model is calculated:
| Number of Players Referred by You |
Cost Per Acquisition |
| 1-10 |
€60 |
| 11-30 |
€75 |
| beyond 30 |
€90 |
Unless accepted otherwise by the Parties, the initial fifty (50) Players directed to WildTornado in the context of the CPA Payment Model are subject to testing during which WildTornado will be able to estimate the value of the Referred Players. Upon the completion of such testing, We shall, in Our sole discretion, decide whether or not to proceed with the campaign, alter pricing and renegotiate any other terms of the CPA Model, depending on the outcome of such testing;
- The Hybrid Model. The Hybrid Payment Model is a combination of the Revenue Share Model and the CPA Deal, the models of which are specified in Clause 8.13 and Clause 8.16. Both models (Clause 8.13 and Clause 8.16) are to be applied to the Hybrid Model;
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You shall be paid by Us by means of the payment system chosen by You upon registering Your Affiliate Account with the WildTornado Affiliate Program or any of the system available as it is shown in Your Account page in the section ‘payment’. Depending on Your geolocation, You may choose between multiple payment systems, including but not limited to a bank transfer.
Please note that by choosing an option of ‘bank transfer’, you acknowledge that your bank account enables You to receive sums in euros. Should the basement of Your bank account be the USA or Canada or you are not in possession of an IBAN, unfortunately, you will not be able to utilize this wire service. Please, make sure your method is set to ‘Cheque’ and provide us with an invoice, which is to be sent to Invoice@WildTornado.com each month.
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9. Termination of the Agreement
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Either Party has the right to bring this Agreement to an end at any tim, with or without cause, by providing the other Party with the ten (10) days written notice. The notice in question may be given via email;
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Upon termination of this Agreement, all Parties hereby give their consent to the following:
- All rights given to You in the context of this Agreement are subject to immediate termination and Confidential Information of any kind and/or Player Information, including all copies of it, that was given to You by Us shall be returned to WildTornado and Your use of any Licensed IP as well as WildTornado’s trademark and logo shall be ceased;
- You and WIldTornado shall release each other from legal liability taking place after the effective date of such termination, with the exception of those liabilities that are to persist after termination by their nature, as specified in this Agreement;
- Termination shall not exonerate you from liability and obligations of any kind resulting from the violation of this Agreement by You, that took place before termination and must not influence or restrict Our rights with respect to Clause 7 hereof;
- Termination entitles you to Your unpaid Profit that is earned by You as of the date of termination of this Agreement. However, We reserve the right to detain Your unpaid Profit for the period of up to three (3) months if this time is needed to ensure that the correctness of the amount due. Should the violation of this Agreement take place on Your side, WildTornado shall not release Your unpaid Fees produced after such violation took place, notwithstanding whether or not this Agreement has been brought to an end, until such violation is remedied;
- Should termination occur and WildTornado continues to generate income from Players, this shall not be deemed a renewal of this Agreement or its continuation.
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10. Miscellaneous
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Relationship of the Parties. This Agreement does not contain anything that may contribute to the formation of any joint venture, legal partnership, employment relationship, or franchise between WildTornado and You. You shall not be entitled to acceptance of offers of any kind and you do not have the right to make offers of any kind on behalf of WildTornado.
Please bear in mind that You are deemed accountable for any steps taken by Your Affiliate Networks and it falls under Your sole responsibility to oversee Your Affiliate Networks to guarantee conformity to the terms of this Agreement. You will bear the sole responsibility for violation of the terms and conditions of this Agreement by Your Affiliate Network, and WIldTornado has the right to take measures against You, with no restriction, as it is stated in this Agreement as regards such violation;
- Alteration of this Agreement. We are entitled to change, modify, add to or delete any of these Terms and Conditions included in this Agreement at any time, by placing a change notice or a new agreement on Our website. For instance, the changes in question may be related to payment methods, fees, and referral program guidelines. All modifications, changes, additions or deletions take effect immediately upon notice or/and by being displayed at the site, and shall supplant all preceding versions. After Your receipt of the said notice, the fact that you continue promoting our Website and/or our products will be considered as acceptance of such modifications, changes, additions or deletions or the entirely new Agreement. We advise that you periodically read this Agreement to be familiar with the most updated version of the Agreement at all times. Please bear in mind: YOU ARE NOT ENTITLED TO CHANGE THIS AGREEMENT IN ANY WAY, ANY MODIFICATIONS, CHANGES, ADDITIONS OR DELETIONS IN THIS AGREEMENT BY YOU WILL NOT BE ACKNOWLEDGED BY US;
- Non-Waiver. No failure or delay on the part of WildTornado in enforcing Your strict fulfillment of any obligation hereunder shall not be deemed a waiver of Our right to enforce such right;
- Notification. Notification of any kind given in the context of this Agreement to Us shall be sent via email to the address provided by WildTornado and the subject line of the email should contain the reference to the WildTornado Affiliate Manager. WildTornado shall send notifications to the email address provided by You upon your registration on WildTornado Website;
- Severability. All provisions listed in this Agreement are to be deemed independent and effective under applicable law, and should any of the said provisions be found illegal or otherwise unenforceable, any other provisions of this Agreement shall apply;
- Force Majeure. Neither WildTornado nor You shall bear liability for failure or delay of any kind to fulfill its duties and obligations in the context of this Agreement should the said failure or delay result from situations that cannot be controlled by either Party. Such situations include but are not limited to riots, strikes, labour difficulties, industrial or military disturbances, terrorist acts, war, natural disasters, nuclear catastrophes, acts of God, and malfunctions or interruptions of utilities, computer or communications facilities. Under such conditions, the Party affected shall be excused from the fulfillment of its duties and obligations in the context of this Agreement to the duration of the event(s) contributing to the delay or failure in performance and give written notice of such delay in performance to the other Party within five (5) days after the event in question took place. Should a force majeure last for thirty (30) days, either Party has the right to bring this Agreement to an end upon providing the other Party with written notice;
- Governing Law and Jurisdiction. This Agreement is to be governed by the laws of Curacao. Disagreements of any kind arising from or in regard to this Agreement are subject to settlement by arbitration according to the Arbitration and Conciliation Act. Arbitration is to take place in Curacao and held in the English language.
