General Terms and Conditions
This affiliate agreement shall apply between, Casino de Montreux SA, a Swiss company under the form of a limited company, whose registered office is located at Rue du Théâtre 9, 1820 Montreux (Switzerland), registered with the Vaud Trade Register in Moudon under entry federal number CH-550.1.014.468-8, the “Company” (as defined below) and you, the “Affiliate” (as defined below).
The agreement sets out the terms and conditions of the Affiliate’s participation in the affiliate program set up by Casino de Montreux SA (hereinafter the “Programme”).
These General Terms and Conditions relating to the GAMRFIRST Affiliate Program constitute a legal agreement governing the affiliation relationship between you (or the company that you represent) and Casino de Montreux SA subject to the approval of your application for membership to the said Affiliate Program.
By registering for the Affiliate Program, you unreservedly agree to accept the GAMRFIRST Affiliate Program Terms and Conditions. You therefore acknowledge that you understand the content and, in particular, the undertakings and obligations contained herein and you confirm that you are able to accept and perform the terms of this agreement.
“Affiliate” means any natural or legal person who, after accepting the General Terms and Conditions relating to the GAMRFIRST Affiliate Program and entering into a commercial agreement, grants GAMRFIRST a space on the homepage of its website, on a multimedia platform belonging to it or an email, in order to promote and market (hereinafter “the Promotion”) the products and services offered by GAMRFIRST in order to enable it to acquire New Clients. The New Client is connected to the Affiliate through an affiliate link.
“Commission” has the meaning set out in Clause 6.1 below.
“Link” means the creations, banners, text links and other links linking Your Site(s) to Our Sites located on the affiliate GAMRFIRST.ch web page or provided to you by your Affiliate Manager.
“Trademark” means the name, graphic text, concept or identity under which GAMRFIRST’s products or services are generally recognised worldwide. The Trademark is and remains the exclusive property of GAMRFIRST.
“New Client” means a natural person visitor who has accessed the GAMRFIRST Site via the Affiliate’s links and:
- who was not a previously registered client;
- who has registered to open an account with GAMRFIRST and has accepted its general terms and conditions;
- whose registration has been confirmed and approved by GAMRFIRST, confirming in particular, but without limitation and at its discretion, the fact that the New Client is aged 18 or over; and
- who has made an initial minimum first deposit of CHF10 on the Website, or an equivalent amount in any other currency accepted by GAMRFIRST;
- who has made a wager in real money of CHF30 minimum.
- who confirmed his identity by sending all information required. Note that only verified players will be paid.
“Affiliate Site” means the Affiliate’s website, its mobile applications and/or any other marketing channel belonging to its owner and/or controlled by the Affiliate to direct traffic on the GAMRFIRST Site.
“GAMRFIRST Site” means the GAMRFIRST website https://www.gamrfirst.ch
“Visitor” means a visitor to the Affiliate Site.
2. Purpose of this Agreement
- The purpose of this agreement is to establish the conditions under which the Affiliate allows GAMRFIRST to promote its brands and its GAMRFIRST Site and thereby to increase its number of New Clients.
- GAMRFIRST expressly confirms that promotion of betting or solicitation to bet may be subject to specific legal restrictions in certain countries and may even be prohibited in certain cases. These restrictions vary according to time and place, and the Affiliate undertakes to strictly comply with them.
The Parties agree that if the promotion, solicitation to bet or participate in certain types of gambling is prohibited, or is authorised under certain conditions not met in this case, in the Affiliate’s country of residence, the Affiliate may not enter into or perform this agreement or shall not have the right to post on its own website any link enabling it to connect with the GAMRFIRST Site. In particular, the Affiliate is informed that only Swiss residents are authorised to become New Clients.
The Affiliate undertakes to comply, in the context of its activity, with all legal and regulatory prohibitions and limitations existing in the territories concerned, and in any case in Switzerland. Accordingly, in the event of a non-compliance issue in relation to the prohibitions or limitations in force, the Affiliate shall be held solely liable.
- The Affiliate confirms and warrants that it operates the Affiliate Site in its own name and that it is fully authorised to manage it without any restriction, and in particular to incorporate the Links referred to in this agreement.
3. Agreement and Termination Terms
- This agreement shall enter into force on acceptance of the agreement by the Affiliate for an indefinite term. This agreement may be terminated by either Party, at any time, by written confirmation (which may be sent by email), subject to one month’s notice, without compensation.
- In the event of partial or total non-performance by the Affiliate of one of the legal obligations or those stipulated herein, GAMRFIRST may terminate this agreement after sending formal notice (which may also be sent by email) to the Affiliate and which has not been remedied either in full or in part for a period of thirty days, without prejudice to any damages that may be claimed from the Affiliate.
If the Affiliate does not comply with the formal notice, the other Party may terminate the agreement automatically, without the need for any legal formalities. This termination, which may be sent by simple email, may be notified at the end of the formal notice period, with termination taking effect on the date indicated in this second correspondence.
No compensation may be paid to the Party that committed the breach that caused the termination.
- GAMRFIRST may terminate this agreement in the event that the Affiliate becomes insolvent or unable to pay its debts, enters into compulsory liquidation proceedings and/or cessation of payments and/or any other type of liquidation proceedings.
GAMRFIRST may terminate this agreement in the event that the Affiliate transfers all or part of its business and/or records any change in beneficial ownership.
- At the end of this agreement for any reason whatsoever, any clauses of this agreement which need to survive for the interpretation or performance of this agreement, shall continue to have effect.
- In the event that this agreement is terminated by GAMRFIRST, the Affiliate shall immediately remove from the Affiliate Site all Links to the GAMRFIRST Site, even if it disputes the grounds for termination, and without any commission being due if the Affiliate were to contravene it. As soon as the Affiliate’s personal space is closed, it shall not be authorised to retain and/or exploit the Links, Content, Trademark, Databases, Personal Data and/or Confidential Information of which it became aware during its participation in the Program.
- On expiry of the agreement for any reason whatsoever, GAMRFIRST shall pay the commission remaining due on that date. GAMRFIRST is authorised to offset the financial consequences of any breaches by the Affiliate provided for in Clause 4.2 below with the commission still unpaid. After termination of the agreement for any reason whatsoever, the Affiliate may not demand additional remuneration or any other kind of compensation from GAMRFIRST.
4. Affiliate’s Rights and Obligations
- Promotion and marketing
(a) The Affiliate undertakes to:
Refrain from amending or deleting the promotional terms and conditions included in a Link;
Give a warranty as to the proper technical implementation of the Links provided by GAMRFIRST. For this purpose, it must regularly test and ensure that any Link provided to it works properly; and
Ensure that only Links updated by GAMRFIRST are used and that all previous Links that are no longer going to be posted on the GAMRFIRST Site and/or that of an Affiliate are deleted.
(b) The Affiliate is solely liable for the Content and the terms of its marketing and promotion activities and must ensure that its marketing, advertising and promotion activities are legally and technically compliant with all applicable laws, in particular Swiss law, including the various regulations on the protection of personal data.
(c) Unless otherwise agreed with GAMRFIRST, the Affiliate is not authorised to carry out direct or indirect marketing to New Clients containing Links or Content belonging to GAMRFIRST. The Affiliate must refrain from the following, without this list being exhaustive:
- no SMS marketing;
- no marketing emails;
- no advertising-style marketing;
- no retention of personal data (cookies, etc.);
- no pop-up advertising;
- no media purchases, without prior written authorisation from GAMRFIRST;
- in the event of promotion via Twitter, Facebook or another social network, the Affiliate, if they are a natural person, must indicate that they are at least 18 years old on the bio page provided for this purpose; and
- the Affiliate must only use the marketing information provided in its Affiliate Account or otherwise supplied by GAMRFIRST.
- Protection of the trademark
(a) The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or listing service, that is identical or similar to one of GAMRFIRST’s trademarks by quoting one of the following terms: « GAMRFIRST », « GAMRFIRST Casino », « GAMRFIRST Affiliates » or any other variant similar to these terms or which includes meta tags on the Affiliate’s website that may be identical or similar to one of GAMRFIRST’s trademarks.
(b) The Affiliate undertakes not to authorise, allow, assist or encourage a third party to:
– Offer, directly or indirectly, to any natural or legal person, consideration likely to encourage that person to use the Affiliate Site Links to access the GAMRFIRST Site. Consideration includes, but is not limited to, any sum of money or other benefit in cash or in kind;
– Read, intercept, record, redirect, interpret or complete any electronic form or other document submitted to GAMRFIRST by a natural or legal person;
– Amend, redirect, delete or replace the operation of any button, link or other interactive functionality on the GAMRFIRST Site;
– Carry out transactions of any kind on the GAMRFIRST Site on behalf of a third party. Or even authorise, assist or encourage any other natural or legal person to do so;
– Take any action that could reasonably cause confusion for the New Client with regard to the relationship between GAMRFIRST and the Affiliate, or the www.gamrfirst.ch website on which transactions are carried out;
– Publish or broadcast any advertising or promotional content, other than the Links provided by GAMRFIRST, that promotes the GAMRFIRST Site or its trademarks without the prior written consent of GAMRFIRST;
– Publish or broadcast any advertising or promotional content promoting the GAMRFIRST Site using a “framing” technique or any type of pop-up window.
The Affiliate may also not act, assist, authorise or encourage a third party to take such measures, namely:
Attempt to artificially increase the sums payable by GAMRFIRST to the Affiliate itself;
Allow the GAMRFIRST Site (or one of its pages) to open in the browser of a visitor to its own site, other than when the visitor has actually clicked on the Link to the GAMRFIRST Site;
Attempt to intercept or redirect (including but not limited to through user-installed software) traffic from any website participating in the Program;
Use any form of spam (including search engine spam) or unsolicited mail to refer visitors to the GAMRFIRST Site; or
Directly or indirectly allow an assistant, co-contractor, relative or sub-affiliate to breach this agreement.
If GAMRFIRST determines, at its sole discretion, that the Affiliate has not complied with, or that there is a serious possibility of a breach of any of the obligations set out in this Clause 4.2., GAMRFIRST may (without prejudice to any damages) withhold any sum that would normally be payable to the Affiliate under this agreement and/or terminate the agreement in accordance with Clause 3.6.
- Regulatory obligations
(a) The Affiliate must at all times comply with applicable laws and data protection regulations, particularly in Switzerland, as well as any other related or similar legislation.
(b) The Affiliate Site must not promote operators or co-contractors that are not approved by the CFMJ (Swiss Federal Gaming Board) or online casino operators that are banned in Switzerland. If in doubt, it will immediately and actively seek information on this point.
(b) The Affiliate, its assistants, employees and/or relatives are not eligible for New Client status. The Affiliate may not receive any Commission from GAMRFIRST, following the participation of the third parties thus defined.
(a) The Affiliate shall ensure that it does not include any Content and/or Link to the GAMRFIRST Site intended for minors under the age of 18 or reasonably likely to interest them.
(c) The Affiliate must ensure that all marketing operations, advertisements and promotions targeting New Clients comply with the law applicable in Switzerland and at the parties’ registered offices, in particular (on the date of signature) Art. 74 of the Swiss Gambling Law and Art. 77 of the Swiss Gambling Order (prohibition of advertisements distorting information relating to the chances of winning or possible winnings or giving the impression that knowledge, skills or frequency of play increase the chances of winning).
A notice prohibiting minors under the age of 18 from clicking on the link on the Affiliate Site. Example: “Prohibited for persons under 18 years of age”;
A link referring to the general terms and conditions of use of the GAMRFIRST Site.
(d) The Affiliate undertakes to use only the Links provided by GAMRFIRST. In the event that it wishes to create other Content in connection with GAMRFIRST, it must obtain the prior written agreement of GAMRFIRST and the aforementioned conditions will apply in all cases.
(e) If the Affiliate contacts one of its visitors to promote the GAMRFIRST Site, it must clearly indicate in the body of this communication that it is not GAMRFIRST’s initiative and that any complaint from this visitor must therefore be sent to the Affiliate itself and not to GAMRFIRST. This communication must include an opt-out.
(a) A change to the URL address of the Affiliate Site does not constitute a change to this agreement and does not affect the rights and obligations arising from this agreement.
(b) In the event of a legal or regulatory change requiring an amendment to this agreement, the Parties shall enter into an amendment to this agreement in order to comply with applicable law. If the Parties fail to agree on the amendment to be made, the Affiliate may terminate the agreement under the conditions indicated in Clause 3.1. The new legal or regulatory provisions shall apply in all cases.
(c) Any amendment, modification, improvement or change to the Program (including the publication of new features and resources) is subject to this agreement.
- Communications from Affiliates and their potential partners
Communications from Affiliates and their partners, in particular “influencers”, in any form whatsoever, must be clear, fair and truthful and must be implemented in a responsible and transparent manner, in particular according to the rules set out above.
Communications from Affiliates and their partners must not, in form or content:
- Affirm or suggest that the service provided increases the likelihood of winning games of chance;
- Present the proceeds of the game as income, an income supplement or the game as an investment or alternative to work;
- Exploit mistaken beliefs about the chances of winning or suggest the possibility of certain or near-certain gains;
- Present unverifiable or truncated success rates;
- Present the game as a means of recovering losses in the game;
- Suggest that the repetitiveness of the game must allow the player to win or that playing the game more frequently increases the likelihood of them winning a little more each time;
- Suggest that skill or experience eliminate the chance or uncertainty on which the win depends;
- Promote, trivialise or encourage excessive, immoderate gambling and/or excessive risk-taking;
- Devalue or denigrate audiences who do not play or, conversely, confer any form of superiority on those who play;
- Suggest that it is aimed at minors or use visual, sound, verbal or written elements that make it specifically attractive to minors.
5. GAMRFIRST’s Rights and Obligations
GAMRFIRST will carefully examine the procedures for promoting the Affiliate’s offer so that it is not associated with illegal practices.
The Affiliate undertakes to provide GAMRFIRST with all documents necessary for GAMRFIRST to verify the legality of its activities. GAMRFIRST will make this request for documents by sending a simple email to which the Affiliate is required to respond within a maximum period of fifteen (15) days from the date on which GAMRFIRST sends the email.
GAMRFIRST undertakes to record all New Clients in order to calculate the amount of the Affiliate’s commission.
GAMRFIRST will use its best efforts to identify New Clients who have placed a bet on the GAMRFIRST Site and who have come from the Affiliate Site. GAMRFIRST undertakes to record these bets anonymously in the Affiliate’s personal space.
This provision is applicable subject to compliance by the Affiliate with the instructions relating to the monitoring of New Clients accessing the GAMRFIRST Site via the Link(s) inserted on the Affiliate Site.
However, GAMRFIRST may not be held liable towards the Affiliate if it is unable to identify the exact origin of the New Client.
GAMRFIRST must provide the Affiliate with the Links to be included on the Affiliate Site and reserves the right to make changes to it.
GAMRFIRST is authorised to exercise any of its rights or to fulfil any of its obligations (including, without limitation, its payment obligations under Clause 6) through any company in the group to which GAMRFIRST belongs.
If GAMRFIRST suspects that the provisions of this agreement have been breached or in the event of fraudulent traffic, payment requests may be delayed and the Affiliate’s Account may be frozen until GAMRFIRST can confirm that there has been no breach of the agreement.
GAMRFIRST is not bound by any exclusivity and is entitled to contract with other affiliated sites worldwide.
6. Affiliates Commission Terms
- A CPA (Cost Per Acquisition) commission will be awarded to the Affiliate. The CPA Commission means a one-off payment made in a calendar month for each New Qualified Player registered via the Affiliate’s link at GAMRFIRST.ch. The amount of this CPA must be jointly approved as a condition of our acceptance of your Application Form.
The terms and conditions of said CPA shall first be identified and granted by means of a commercial agreement between the Affiliate and GAMRFIRST. The terms of the commercial agreement between the two parties shall be drawn up in accordance with the terms of GAMRFIRST in an Insertion Order.
“Qualified player” means any person who registers a new account and fulfils the defined conditions (player verification, minimum first deposit , minimum real money play) and for which the Affiliate will receive a CPA fee . Any person who had previously an account on GAMRFIRST.ch shall not be considered as a qualified player.
|QUALIFIED PLAYERS by month||CPA COMMISSION|
|1 – 50||125 CHF|
|51 – 100||150 CHF|
|101 – 200||200 CHF|
|201 +||250 CHF|
- GAMRFIRST shall provide the Affiliate with statements in its Affiliate’s personal account detailing the number of New Clients obtained via the Affiliate Site and the amount of Commission generated.
At the end of each calendar month, GAMRFIRST shall, where applicable, confirm the Commission owed to the Affiliate.
- No payment will be due if GAMRFIRST has reason to believe that the traffic generated by the Affiliate is illegal or violates any of the provisions of this agreement.
- All Commission payable by GAMRFIRST to the Affiliate shall be paid by GAMRFIRST in arrears to the bank account nominated by the Affiliate.
- The Affiliate may request payment of its Commission via its Affiliate account by sending an invoice summarising the number of New Clients recruited during the period. On receipt of the invoice, the Affiliate will receive its Commission within 15 working days at the latest.
All payment requests must be made on the Affiliate’s account using GAMRFIRST’s technical platform.
- If an error is made in the calculation of the Commission, GAMRFIRST reserves the right to correct this calculation at any time and to recover the overpayments made to the Affiliate (including, but not limited to, by way of offsetting and reduction of any future payments due).
- All payments to be made under this agreement will be made in Euros or CHF.
- For the avoidance of doubt, all payments are made including VAT. The Affiliate will individually bear the cost of its taxes and/or withholding tax, VAT and social security contributions.
- Invoices and payments will be processed automatically via the GAMRFIRST technical platform by sending your invoice to the account manager (email@example.com) and casino financial department (firstname.lastname@example.org).
- In the event of termination of this agreement, the payment of the Commission shall end on the date of termination of this agreement. In other words, no additional commission will be due on the volume of activities of the New Players, without any other possible compensation.
11.GAMRFIRST, reserves the right, in its sole discretion and opinion, not to pay the CPA or Commission if the player has opened multiple accounts and/or if we notice that the CPA compensation plan is being abused. .
- In the case of a CPA agreement, it is the sole responsibility of the affiliate to respect the budget agreed with the Affiliate Manager. Exceptions may be made at the latter’s sole discretion.
- If our banner does not appear on your website for more than two months (60 working days), your account can be closed.
- You must include an « unsubscribe » option in each email correspondence you send, and the opt-out option must relate only to the service provided by the affiliate and must not lead to our site or any advertising site .
- Inactivity – If no verified Referred Player is produced by the Affiliate Account for a continuous period of three months, the Agreement may be terminated. In the event of termination of this contract, the referral commission will cease to accumulate from the moment the contract is terminated.
- The Affiliate will receive a predetermined amount for each referred Player in accordance with this CPA Agreement. There shall be no profit-share component under this CPA Deal. The Company reserves the right to change the CPA Deal at any time without notice.
- The Affiliate shall not receive any CPA Payment if the Players account is blocked or frozen from either the Company’s or the Player’s side for whatever reason during the calendar month that the CPA Payment was earned and one month afterwards.
- The Company has and reserves the right to pass on any and all financial costs to the Affiliate’s account that may be incurred due to Fraudulent Activity by the Affiliate’s Players, and/or the Affiliate’s employees, which the Affiliate has introduced to the Company.
7. Intellectual property
This agreement does not grant the Affiliate any licence, assignment or transfer of any other right to the Trademark and other intellectual property rights belonging to GAMRFIRST other than those provided for non-exclusively herein.
All intellectual property rights created and/or arising from this agreement, including, without limitation, banners, advertising material, the content of the Trademark, the database, including the content and personal data of users, are, will be or will become the exclusive property of GAMRFIRST, without the Affiliate being able to obtain rights to these elements or claim anything in this respect.
GAMRFIRST grants the Affiliate the non-exclusive right to display its Trademark and Content during the term of the agreement and only in connection with the display of the Links provided by GAMRFIRST intended to be published on the Affiliate’s website, as indicated in this agreement and in accordance with GAMRFIRST’s instructions.
All intellectual property rights arising from the Links and all betting products, associated systems and software relating to the services provided by GAMRFIRST to its New Clients shall remain the exclusive property of GAMRFIRST.
The Affiliate is not authorised to use the content of the Trademark in a manner other than that authorised herein. The Affiliate undertakes not to use the content of the Trademark in a manner that is detrimental to GAMRFIRST and in particular to its reputation.
The Affiliate is not authorised to:
File, register or use any sign identical or similar to the Trademark, as a trademark, domain name, corporate name, brand name or trade name;
Incorporate one of the Trademarks into one or more logos, designs or shapes, regardless of their form or purpose, without GAMRFIRST’s prior written consent;
Grant any third party any right to reproduce or exploit the Trademark.
The Affiliate is not authorised to alter or modify in any way the content of the Trademark without the prior and express written consent of GAMRFIRST.
In particular, unless it has obtained prior written authorisation, the Affiliate may not purchase or register domain names identical or similar to one of GAMRFIRST’s trademarks or otherwise include the terms “GAMRFIRST”, which also excludes, in particular, “GAMRFIRST Sports”, “GAMRFIRST Sportsbook”, “GAMRFIRST Casino”, “GAMRFIRST Poker”, “GAMRFIRST Affiliates”, “GAMRFIRST Turf” or variants that are similar or may be reasonably similar to one of GAMRFIRST’s products or services.
The Affiliate warrants that its Website does not resemble and/or does not give the overall impression of resembling the GAMRFIRST Site, or that the Affiliate Site may belong to the GAMRFIRST Site.
Any breach of any GAMRFIRST right may result in the termination of the agreement under the conditions of Clause 3.2, notwithstanding any damages that GAMRFIRST may claim.
The Affiliate ensures and warrants that its Website does not contain any defamatory, pornographic, illegal, harmful, threatening, obscene, harassing, racist, discriminatory, violent, politically sensitive or otherwise controversial content under Swiss and foreign law. The Affiliate also undertakes to ensure that its website in no way infringes the rights of third parties.
The Affiliate warrants that it will at all times comply with applicable law, in Switzerland and abroad. In this respect, the Affiliate shall refrain from disseminating any advertising or promoting GAMRFIRST on the pages of its Website aimed at minors.
GAMRFIRST gives no warranty that the operation of its Website will be uninterrupted or error-free, and will not be held liable for the consequences of any interruptions or errors.
By this agreement, the Affiliate undertakes to indemnify GAMRFIRST, in the event of losses, demands, claims, damages, costs, expenses (including but not limited to loss of profits, reasonable legal costs, applicable costs and VAT if applicable) and debts incurred, directly or indirectly, as a result of a breach, non-performance or non-compliance by the Affiliate with its contractual and legal obligations, including those set out in Clause 4 and/or the warranties given under Clause 8 of this agreement.
10. Exemption from liability
This Clause 10 in no way limits the liability of either Party in the event of death and/or injury resulting from its negligence, fraud or any other behaviour likely to exclude this limitation of liability.
GAMRFIRST shall not be liable to the Affiliate for:
- Any financial loss (including but not limited to loss of revenue, profits, agreements, business activities or otherwise anticipated savings); or
- Any loss of clients or damage to its reputation; or
- Any direct or indirect loss resulting from the Affiliate’s participation in the Program.
In no event shall GAMRFIRST’s liability exceed the amount of the Commission that GAMRFIRST paid to the Affiliate during the twelve (12) month period preceding the date on which this loss was recorded.
- This agreement sets out all the conditions applicable to the Program binding GAMRFIRST and the Affiliate. It cancels and replaces any previous agreement, whether written or not, concerning the collaboration of GAMRFIRST and the Affiliate in the context of any Affiliate Program or similar program concerning them.
- Any amendment to this agreement shall only have legal effect if it is made in writing and signed by all the Parties.
- This agreement is entered into intuitu personae and may not be assigned to a third party by one of the Parties without the express prior written consent of the other Party.
- Any notification sent or made under the agreement to GAMRFIRST must be sent to GAMRFIRST by email (email@example.com), unless otherwise provided for in this agreement.
GAMRFIRST undertakes to send the Affiliate all past and/or future notices, notifications, communications and/or announcements in connection with the performance of this agreement to the email address indicated on the Affiliate’s application form, or to any other email address that the Affiliate has validly notified to GAMRFIRST.
- Declaration of independence
The Parties represent and acknowledge that they are and will remain, throughout the term of this agreement, independent business and professional partners, each insuring the risks of their own activity.
The provisions of this agreement may not in any way be interpreted as creating any joint venture company or undertaking between the Parties, any subordination or any joint and several liability.
- If, under this agreement, a Party, a member of its group, any of its assistants, officers or employees (the “Receiving Party”) receives from the other Party (the “Disclosing Party”) information about the business, finances, clients, technology and/or affairs of the Disclosing Party, such information, which is declared confidential or which could reasonably be considered confidential by its nature, requires the Receiving Party of such strictly confidential information to undertake not to disclose it. The same applies to personal or sensitive data concerning any New Client and any potential New Client.
This data and information will also be processed only insofar as it is essential for the proper performance of this agreement, and in full compliance with the applicable contractual and legal provisions. All technical and legal measures will be taken for this purpose.
- The confidentiality obligation set out in the previous paragraph does not extend to the following information:
- information considered to be in the public domain, without this resulting from a breach of the previous clause.
- information that is required to be disclosed by law or at the request of any regulatory body, or at the order of a court, governmental body or other competent authority;
iii. information that was already held by the receiving Party and in relation to which disclosure was not restricted, before the disclosing Party itself received such information.
- information obtained independently and without access to any confidential information; and/or
- information received through a third party and specifying the disclosure authorisation (the receiving Party being aware of it).
- Neither Party shall be entitled to make any public statements concerning this agreement or its subject matter without the prior written approval of the other Party, unless required by law or a legal or regulatory authority.
- The confidentiality obligations of the Parties under this clause shall remain in force without any time limit after the end of this agreement regardless of the cause.
The Affiliate shall take out third-party liability insurance with a leading insurance company that sufficiently covers the third-party liability that it may incur in the performance of its business, including for financial losses.
The Affiliate also undertakes to provide evidence of the propriety of its position regarding the payment of the related premiums, by providing one or more insurance certificates at GAMRFIRST’s request.
13. Applicable law and jurisdiction
This agreement is subject to Swiss law.
In the event of a dispute, the parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution.
ANY DISPUTE THAT MAY ARISE BETWEEN THE PARTIES RELATING TO THE ENTRY INTO, INTERPRETATION, PERFORMANCE OR TERMINATION OF THIS AGREEMENT, AND THAT CANNOT BE SETTLED AMICABLY, SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE STATE COURTS WHERE GAMRFIRST HAS ITS REGISTERED OFFICE IN MONTREUX (SWITZERLAND). The parties may also agree on the use of commercial arbitration, the seat of which shall be in Lausanne (Switzerland).