Affiliate Marketing Terms and Conditions

Last updated: 6 June 2024

This document sets out the terms and conditions agreed between Dabble Sports, LLC, a limited liability company registered in Delaware (“Dabble”, “Company” or “us”) and the person or legal entity named as the affiliate partner in the application form (“Affiliate”, “you” or “your”), which enable the Affiliate to participate in the Dabble US Affiliate Program (“Program”). Dabble and the Affiliate are each a “Party” and together, the “Parties”.
This document, including any schedules and appendices referred to within, constitutes the “Agreement” between the Parties.

1.APPLICATION

1.1. This Agreement governs the Affiliate’s participation in the Program.
1.2. You must not apply to participate in the Program or accept this Agreement if you are under 18 years of age or are otherwise precluded from participating in the Program under the laws of the federal or state jurisdiction in which you are resident.
1.3. This Agreement is taken to be accepted by you on the date on which you apply to join the Affiliate Program, at which point if your application is approved by Dabble the terms and conditions in this Agreement will be legally binding on Dabble and you.
1.4. Dabble reserves the right to change or vary any part of this Agreement at any time including for example if there is a change of Dabble internal policy or an amendment to laws, regulations, codes or rules that affect these terms and conditions or the Dabble US Affiliate Program. Dabble must give the Affiliate no less than 10 business days’ notice in writing of any such changes and if the Affiliate does not agree to such changes, the Affiliate may terminate the Agreement without cause. If upon receipt of such notice from Dabble, the Affiliate (a) fails to respond to notification of the changes within 10 business days or (b) continues to participate in the Program and otherwise act in accordance with the terms of the Agreement, the Affiliate shall be deemed to have accepted the updated terms of the Agreement which shall continue to bind the Parties.

2.TERM

2.1. The “Start Date” of this agreement is the later of the date on which Dabble notifies the Affiliate that their application to join the Program has been approved (or such other date notified by Dabble to the affiliate).
2.2. The “Initial Term” of this Agreement shall commence on the Start Date and end on the last day of the calendar month. Upon the expiry of the Initial Term, the Agreement shall automatically renew on a rolling monthly basis, with each renewal period extending the Agreement for one calendar month at a time.
2.3. Unless terminated in accordance with the terms of clauses 1.4 or 3, there is no limit to the number of rolling monthly renewals that may occur in respect of this Agreement.
2.4. For the avoidance of any doubt, the purpose of clause 2.2 is to bring the Agreement into line with a normal calendar month cycle, regardless of when the Agreement is signed by the Parties during any given month.

3.TERMINATION

This Agreement may be terminated in the following ways:
3.1. After the Initial Term expires, either Party may terminate this Agreement without cause by giving 30 days’ written notice to the other Party.
3.2. The Company has the right to terminate this Agreement immediately, by giving written notice to the Affiliate, if the Affiliate:
3.2.1. breaches the terms of this Agreement and fails to rectify the breach within five (5) business days of the Company having notified the Affiliate of the breach. If the Affiliate breaches the same term more than twice then the Company may terminate the Agreement immediately regardless of whether the breach is then rectified;
3.2.2. fails to acquire at least fifty (50) First Time Depositors over a rolling six (6) month period;
3.2.3. either refuses or is unable to perform the Services, whether in part or in full, or performs the Services in a manner that is, in the opinion of the Company, prejudicial to the Company’s commercial interests;
3.2.4. knowingly markets or promotes, or appears to market or promote, DFS products or sports betting products (whether the Company’s products or the products of another operator or business) to a Minor or to an audience largely consisting of Minors.
3.2.5. engages in any action that is reasonably expected to harm either the Affiliate’s or the Company’s business reputation or significantly contradicts widely accepted public moral standards as judged by a reasonable person.
3.3. If the Company exercises any of its rights under clause 3.2, it will provide to the Affiliate information regarding the reason(s) for the Company’s decision and any relevant contravention(s) of this Agreement by the Affiliate and may withhold any payments that otherwise may have fallen due to the Affiliate after the date of the contravention(s).
3.4. Upon termination of this Agreement the Parties will be released from all obligations and liabilities to each other occurring or arising after the date of termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this
Agreement (and termination will not relieve a Party from any liability arising from any breach
of this Agreement which occurred prior to the termination date) and:
3.4.1. all rights and licenses granted to the Affiliate will terminate immediately;
3.4.2. the Affiliate will be entitled to unpaid Commission, if any, earned by the Affiliate prior to the termination date but no further payments after the date of termination;
3.4.3. Dabble may withhold final payment for a reasonable time to ensure that the correct amount is paid to the Affiliate;
3.4.4. the Affiliate agrees not to solicit or entice away from Dabble, for the benefit of the Affiliate or some other person or entity, any other affiliate partner, employee or contractor of Dabble;
3.4.5. the Affiliate will return to Dabble any confidential information, and all copies of information in its possession, custody or control;
3.4.6. the Affiliate will cease all use of any trade names, trademarks, service marks, logos and other designations of Dabble or its licensors and, if requested to do so, will remove all Dabble banners from their website(s) and social media pages and channels and disable any links from such pages to Dabble’s website.
3.5. For the avoidance of any doubt, if following the termination date Dabble continues to generate revenue from FTDs and customers acquired by the Affiliate under the Program, this does not constitute a continuation or renewal of this Agreement or a waiver of termination by Dabble.

4. DABBLE’S RIGHTS AND OBLIGATIONS

4.1. Dabble may make a variety of graphic and textual links as well as data feed (“Supplied Creative”) available to the Affiliate for placement on their social media channels and website(s). Subject to this Agreement, you may display the Supplied Creative as often and in as many areas of your website as you desire. Dabble only provides the Supplied Creative for use by you for the mutual benefit of you and Dabble in connection with this Agreement.
4.2. Dabble hereby grants to the Affiliate a non-exclusive, non-transferable, non-assignable right, during the Term, to use the Supplied Creative solely for the express purpose set out in clause 4.1. Dabble own and shall continue to own exclusively, all right, title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Supplied Creative and all names, trademarks, service marks, design marks, logos and other indicia of origin therein, whether registered or unregistered throughout the world and in perpetuity. The licence to use the Supplied Creative is limited to that set out above and this licence shall be revoked immediately on termination of the Agreement.
4.3. You acknowledge that Dabble will register your Customers and will track their play on the Dabble product app. By opening an account with Dabble, the Customer agrees that all applicable Dabble rules, policies and operating procedures will apply to them and that Dabble has the right to refuse Customers or close their accounts at its discretion.
4.4. Dabble will track Customers’ play and will supply reports summarising Customer activity to Affiliate. The form, content and frequency of the reports made available to the Affiliate may vary from time to time.
4.5. Unless otherwise agreed in writing, Dabble will only pay the Affiliate the Commission earned on Customers which are directly referred by the Affiliate through the Affiliate’s designated tracker code and are allocated to the Affiliate’s account.

5. AFFILIATE’S RIGHTS AND OBLIGATIONS

5.1. Neither you nor your direct relatives (including but not limited to their spouse, partner, parent, child or sibling) or any connected party on your behalf (whether a director, contractor, partner, agent, employee or otherwise) are eligible to become a Customer for the purposes of your Agreement with Dabble, and the Affiliate will not be entitled to any commission, Net Revenue share or other remuneration from Dabble in relation to such persons.
5.2. The Affiliate agrees to use all commercially reasonable efforts to advertise, market and promote Dabble as widely, assertively, and responsibly as possible to maximise the financial benefit to both the Affiliate and Dabble actively and effectively. The Affiliate will only engage in advertising, marketing and promotional efforts which do not violate any law, are not published on unsuitable websites, are not directed at Minors or prohibited persons, and which reflect positively on the business reputation of Dabble. An Affiliate may not trade as, or be associated with, a third-party investment business or company which offers investment services on sports. The Affiliate must not place any DFS entry for or on behalf of or in any way connected with any Customer.
5.3. The Affiliate must provide Dabble at no cost with all data and information that is reasonably required to enable Dabble to monitor the Affiliate’s website to ensure compliance with this Agreement.
5.4. Affiliate must ensure that the correct tracking is utilised on their website and social media channels. Dabble will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. Dabble is not responsible for commission fees generated from referrals with incorrect or incomplete referral information.
5.5. The Affiliate must not establish any social network domain, blog domain, profile name or display name containing Dabble.
5.6. The Affiliate must not purchase any domains that include Dabble, or bidding on any keywords or keyword phrases that include, but are not limited to, “Dabble”, “Dabble.com”, or “Dabble.com.au”.
5.7. Affiliate must not utilise derivatives of “Dabble” in URLs and directory names for the intention of search engine optimisation.
5.8. Affiliate must only use data feeds provided under this Agreement in accordance with this Agreement and must not make available any data feed to any third-party for profit or for the benefit of the Affiliate or the third-party except in accordance with this Agreement.
5.9. Banners, links and data feed must not be placed, or sold, within unsolicited email, unauthorised newsgroup postings, chat rooms or through the use of bots. Any customer traffic generated by the Affiliate illegally or through unapproved channels will not be commissionable under this Agreement.
5.10. Affiliate will bear its own costs and expenses incurred in connection with the advertising, marketing and promotion of Dabble.
5.11. Dabble reserves the right to request the Affiliate to present all Content for prior written approval (email correspondence being acceptable) before dissemination or public release by the Affiliate. The Company also reserves the right to request that the Affiliate remove and/or modify all or any portion of the Content at any time at its sole discretion, and the Affiliate agrees to promptly adhere to such requests, ensuring that any alterations or removals are completed within twelve (12) hours of any such request.
5.12. Any material approved by Dabble in accordance with clause 5.11 constitutes Supplied Creative for the purposes of this Agreement.
5.13. Affiliate agrees to cooperate fully with Dabble in utilising and maintaining Supplied Creative. Furthermore, the Affiliate agrees to:
5.13.1. utilise the entire code for the banners, links and other promotional tools (including the tracking codes therein) and must not in any way alter or remove any part of the code;
5.13.2. display on Affiliate’s website(s) only the Supplied Creative;
5.13.3. update the Supplied Creative displayed on Affiliate’s websites when Dabble makes updates to the Supplied Creative from time to time throughout the Term of this Agreement;
5.13.4. display the Supplied Creative prominently in relevant sections of Affiliate’s website(s);
5.13.5. only send direct marketing materials to individuals who are not Minors and who are not known to be prohibited persons;
5.13.6. in accordance with Dabble’s reasonable directions, include such responsible real-money gaming messages as reasonably requested by Dabble in connection with all Dabble branded advertising, materials and communications; and
5.13.7. comply with all applicable laws, including but not limited to privacy legislation.
5.14. Dabble employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third-parties. The eDM guidelines and policies serve to protect the Dabble group of companies, and email reputation with members, Internet Service Providers (e.g. Google, AOL, Yahoo, Hotmail) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Affiliates that conduct unauthorised eDM communications advertising any of Dabble-related brands may be subject to Dabble placing their Affiliate account under review and withholding all funds otherwise due pending
investigation. Classification of eDM communications that would be subject to review includes
unsolicited email (spam), spam advertising and spoofing. The Affiliate agrees to abide by all no-spam regulations and employ best practices in all marketing email communications. The Affiliate further acknowledges and agrees that Dabble may potentially incur penalties and legal expenses due to unauthorised third-party email communications from the Affiliate and in such event these expenses will be deducted from Affiliate’s account. Should these expenses not be covered by funds in Affiliate’s account, Dabble may set-off the amount of such payment against future payments otherwise due to the Affiliate or, if requested by Dabble, you must repay any shortfall within 14 days of receiving notice from us.
5.15. Affiliate must not raise any sales invoice in respect of Dabble for any transactions covered by this Agreement.
5.16. Affiliate will indemnify Dabble within 14 days of demand with respect to all losses, demands, claims, damages, costs, expenses (including legal costs and expenses) and liabilities suffered or incurred by Dabble in consequence of any breach of this Agreement by Affiliate. Dabble will take reasonable steps to mitigate the amount of any such losses, demands, claims, damages, costs, expenses and liabilities. Any liability of the Affiliate under this clause 5.16 is reduced to the extent that any act or omission by Dabble contributed to that liability.
5.17. Affiliate is strictly prohibited from advertising or offering, to people who reside in any state jurisdiction which has specific prohibitions on advertising of DFS contests, sports betting or gambling inducements, any inducement to participate in any activity with Dabble, including an inducement to open a Dabble account, to use Dabble more frequently or any inducement offered without a disclaimer (“Prohibited Inducements”).
5.18. Affiliate must evidence, before they undertake any advertising, publishing or promotion of Dabble, that they have adequate geo-fencing software that can block advertisements containing Prohibited Inducements.
5.19. Upon request from Dabble, Affiliate must immediately remove and cease to promote any Dabble related advertisements, communications and marketing material which Dabble specifies in its request.
5.20. Affiliate must not attempt to open more than one Affiliate account without prior written consent from Dabble, nor will Affiliate earn commissions on their own or related persons’ accounts. Affiliates are not permitted to play or participate in DFS contests with an Affiliate account. If you would like to do this with Dabble, please set up a separate player account. In the event you open more than one Affiliate account without our permission or earn commissions on your own or a related person’s account, Dabble has the right to void all current and future plays on those accounts and the Affiliate will not be entitled to any commissions (past or future) from such accounts.

6. USE OF SOCIAL MEDIA

Without limiting the Affiliate’s other obligations under this Agreement, in relation to all marketing, communications and posts on or via social media platforms (including Facebook, Instagram, Twitter, Snapchat, TikTok, Reddit and other channels approved by Dabble) relating to Dabble, the Affiliate agrees:
6.1. to comply with the relevant social media platform’s guidelines and terms of use (including any terms regarding real-money gaming advertising and marketing);
6.2. they will ensure that advertisements and marketing communications relating to Dabble or real-money gaming in general are not directed at Minors, and to the fullest extent possible, ensure that such communications and advertisements are not accessible by Minors;
6.3. not to hold itself out as Dabble, or represent or imply that the communication or advertisement is published by or on behalf of Dabble; and
6.4. to make it clear in any communication by the Affiliate to potential Dabble customers that the communication is made without the knowledge or involvement of Dabble and that any complaint that the recipient may wish to make should be addressed to the Affiliate and not Dabble.

7. COMMISSION PAYMENTS

7.1. In consideration for the Services, Dabble will pay the Affiliate a commission in accordance with the provisions set out in Schedule 1 (“Commission”).
7.2. Payment for the preceding month’s Commission will be processed within 30 days of each calendar month.
7.3. All Commission is calculated and paid in accordance with Dabble’s reasonable and good faith means of statistical analysis and Customer tracking methods. Details of Dabble’s FTD tracking methods and the calculation of Commission will be provided to the Affiliate.
7.4. If the Affiliate’s Commission in any given month does not exceed $100, Dabble shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds $100.
7.5. Dabble will use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (e.g. where the bank account details provided are inaccurate or incomplete). Where this occurs, we will make reasonable efforts for a period of six (6) months to contact you via the contact details last provided to Dabble to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice and you will be deemed to have forfeited any entitlement to payment under this Agreement.
7.6. If Dabble considers that a Customer is involved in fraud, suspected fraud or a breach of Dabble’s terms and conditions or the Customer is excluded or self-excluded from holding an account with Dabble for any reason, Dabble will not pay the Affiliate commission in respect of such Customer. If Dabble has paid the Affiliate in respect of such Customer, Dabble may set-off the amount of such payment against future payments otherwise due to Affiliate and, if requested by Dabble, you must repay any shortfall to us within 14 days of receiving notice from us.
7.7. If a Customer registers with Dabble via the Affiliate’s Services and that Customer is being investigated for credit card, bank information or address verification, Dabble will withhold
commission in respect of
that Customer until the investigation is completed. If such investigations lead Dabble to ban such Customer, Dabble may set-off any amount Dabble has paid the Affiliate in respect of that banned Customer against future payments otherwise due to the Affiliate and, if requested by Dabble, you must repay any shortfall to us within 14 days of receiving notice from us.
7.8. If a Customer registers with Dabble via the Affiliate’s Services and that Customer fails to satisfy Dabble’s customer identification and verification requirements, Dabble will not pay the Affiliate commission in respect of that Customer. If Dabble has paid the Affiliate in respect of such Customer, Dabble may set-off the amount of such payment against future payments otherwise due to the Affiliate and, if requested by Dabble, you must repay any shortfall to us within 14 days of receiving notice from us.
7.9. The Affiliate is responsible for any taxes levied on or related to the Services (excluding, explicitly stated, taxes charged on the Company’s net income).

8.WARRANTIES AND LIMITATIONS

8.1.Each Party warrants to the other Party that they are duly authorized to (i) enter into this Agreement and (ii) fulfil all obligations as per this Agreement.
8.2.The Affiliate warrants that (a) the Services will be executed professionally, lawfully and in a skilled manner in line with the terms herein; (b) the Content is an original creation representing the Affiliate’s genuine opinions, experiences and beliefs; (c) use of the Content by the Company does not and will not infringe upon or wrongfully appropriate any third-party rights; (d) the Affiliate has, where required, obtained all necessary clearances and licenses for the use of the Content; (e) no compensation, royalty or payment is due by Company to any third-party concerning the Content and/or the Services; and (f) the Affiliate along with the Content and Services, will conform to all applicable laws and regulations.
8.3.The Affiliate acknowledges and agrees, to the fullest extent permitted by law, that Dabble, its subsidiaries, group companies, affiliates, licensors and service providers are not liable to you for:
8.3.1. any direct, indirect, incidental, special, consequential or exemplary loss or damages which may be incurred by you, however caused and under any theory of liability, other than where such damages are caused by any act of fraud or wilful misconduct by Dabble. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost or procurement of substitute good or services, or other intangible loss;
8.3.2. any loss or damage which may be incurred by the Affiliate, including but not limited to, loss or damage as a result of:
8.3.2.1. any changes which Dabble may make to the Program, or for any permanent or temporary cessation in the provision of the Program (or any features within the Program);
8.3.2.2. the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through your use of the Program;
8.3.2.3. the Affiliate’s failure to provide Dabble with accurate account information; or the Affiliate’s failure to keep its password or account details secure and confidential.
8.4. The limitations on liability above apply whether or not Dabble has been advised of or should have been aware of the possibility of any such losses arising.

9. INDEMNITY

The Affiliate agrees to protect, indemnify and absolve the Company, its directors, officers, agents and employees, and their respective legal representatives, successors and assigns (collectively referred to as “Company Indemnitees”) from and against any and all claims, losses, damages, costs, liabilities, expenses and judgments (including, without limitation settlement payments and reasonably incurred legal fees) that any of the Company Indemnitees may incur from third-party claims or allegations arising from or in connection with the Affiliate’s (a) execution in accordance with this Agreement; (b) creation of Content or delivery of the Services or (c) a breach of the Affiliate’s assurances, commitments and obligations under this Agreement (“Claims”). For the avoidance of doubt, Claims encompasses any allegation or assertation that the Affiliate and/or the Company violates or infringes upon any United States copyright or trade secret as protected by U.S. laws, or any rights of any third-party, including any intellectual property rights or rights related to publicity or privacy.

10. NON-DISPARAGEMENT

10.1. The Affiliate agrees not to make disparaging remarks or encourage others, either explicitly or implicitly, to disparage the Company, its products, services, affiliates, directors, officers, or employees, whether orally or in written form.
10.2. For the purpose of this Agreement, “disparage” includes, without limitation, making comments or statements on social media or the internet, or to any person or entity including, but not limited to, the press and/or media, current or former employees, principals or partners of Company or any entity engaged in a business relationship with Company, that might negatively impact: (a) the Company’s business operations or those of its directors, officers, or employees (including, but not limited to, any business plans or prospects); (b) the reputation of Company or its directors, officers, or employees; or (c) the Company’s commercial relationships with third-party suppliers and service providers. However, this Agreement, including this Paragraph, does not prevent the Affiliate from providing truthful information as mandated by law in a legal proceeding or a government investigation.

11. CONFIDENTIALITY

11.1. Subject to clause 11.2 below, “Confidential Information” means:
11.1.1. any information provided by the Company to the Affiliate, or its representatives or employees in connection with this Agreement – this includes but is not limited to, any
information, technical data or proprietary knowledge relating to the Company’s
business, products, product features, service plans, financial projections, customer lists, sales and marketing data, human resources, patents, patent applications, computer object or source code, research findings, innovations, processes, designs, drawings, marketing strategies, commercial strategies or financial information. Such information is considered confidential notwithstanding the absence of any markings or identifications of such at the time that information is provided by the Company;
11.1.2. the terms and conditions outlined in this Agreement; and
11.1.3. any other information that a reasonable person would, in the circumstances of the arms-length commercial relationship between the Company and the Affiliate, consider to be confidential or proprietary in nature.
11.2. Information shall not be considered Confidential Information if it can be demonstrated that the information in question:
11.2.1. is publicly available (provided that information has not entered the public domain as a result of a breach of this Agreement);
11.2.2. was already in the possession of the Affiliate before being disclosed by the Company; or
11.2.3. was rightfully disclosed to the Affiliate without restriction by a third-party.
11.3. The Affiliate commits to maintain absolute confidentiality and not disclose any Confidential Information to any third-party. However, the Affiliate is permitted to disclose such Confidential Information to its employees and professional advisors where strictly necessary to provide the Services under this Agreement. Each Party is obligated to cooperate with the other Party and employ reasonable measures to prevent unauthorized disclosure or use of Confidential Information. The Affiliate will not use or allow the use of any Confidential Information for purposes other than fulfilling its obligations or exercising its rights under this Agreement. If the Affiliate is legally obliged by a court, industry regulator or government department or agency to disclose any Confidential Information, it will promptly inform the Company to enable the Company, at its expense, to seek protective measures or alternative remedies. Should the Affiliate remain legally compelled to disclose Confidential Information after providing necessary notice, it will only disclose the portion legally required, as advised by the Company's legal counsel. Upon expiration or termination of this Agreement, the Affiliate will, upon the Company’s request, either return or destroy the Confidential Information (including any physical representations thereof).
11.4. The confidentiality obligations set out in this clause 11 shall survive termination of this Agreement.

12. FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism,
acts of war, governmental action, public health pandemic or any other event that is beyond the control of the Party in question.

13. MISCELLANEOUS

13.1. The Affiliate agrees that if Dabble does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Dabble has the benefit of under any applicable law), this will not be taken to be a formal waiver of Dabble’s rights and that those rights or remedies will still be available to Dabble for exercise or enforcement at a later time.
13.2. The Affiliate may not assign this Agreement without the prior written consent of Dabble. Subject to that restriction, this Agreement will be binding on, operate to the benefit of, and be enforceable against the Affiliate and Dabble and their respective successors and assigns. Where the Affiliate is a business and the Affiliate’s website is sold, the decision as to whether that website’s existing sheet of Customers will be (a) transferred to the new owner; or (b) be accepted by Dabble for the purposes of the Program, is at the discretion of Dabble.
13.3. Where applicable to the Services, the Affiliate acknowledges and affirms the regulations outlined in the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”) and guarantees that they have familiarized themselves with the Guides and their specifications, and that the Content will where required feature evident and prominent disclosures adhering to the requirements stipulated within the Guides.
13.4. Dabble and the Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of Dabble. Affiliate will not make any statement, whether on its website or otherwise, that states or implies that the Affiliate has the authority to represent Dabble.
13.5. Any term or part of a term of this Agreement that is held invalid or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force.
13.6. This agreement is governed by, and shall be interpreted and construed in accordance with, the laws of the State of Delaware. The Parties irrevocably consent to the jurisdiction of its courts and an applicable appellate court.
13.7. This Agreement and all representations, obligations, undertakings and warranties contained in it will operate for the benefit of any successor or assignees of Dabble.
13.8. The terms of this Agreement contain the entire agreement between the parties in relation to its subject matter and supersedes all previous agreements and understandings between the Parties with respect to its subject matter.

14. PERSONAL INFORMATION COLLECTION STATEMENT

14.1. When you apply to be an Affiliate with Dabble, Dabble collects certain information about you to assess your suitability to be approved as an affiliate and to administer your participation in the Program. This information includes your name, contact details, bank account and identity verification. We may disclose your personal information to our related group companies, professional advisors, service providers, contractors and other third parties who assist us in operating our business, for example to companies that provide identification verification services and our bank.
14.2. For the purposes of verifying your identification using Dabble’s document verification service you confirm that you are authorised to provide the details that you provide to us during the affiliate sign-up and identity verification process. This information is sought and used for the purpose of undertaking an information match request in relation to relevant official record holder information and that a corresponding information match result will be provided via the use of third-party systems. You acknowledge and consent to the use and access of your information in this way.
14.3. We may also disclose your information to a government agency, the police, a regulatory, racing or sporting body, a court if requested or we are required to do so, or to other organisations to verify your compliance with these terms and conditions. We may disclose your personal information overseas to organisations including our related group companies and contractors, including providers of payment services. Calls to and from us may be recorded for security and compliance purposes. Our Privacy Policy contains information about how you can access or seek correction of your personal information or make a complaint.

15.OTHER DEFINITIONS

15.1. References to “in writing” includes communications by facsimile and e-mail.
15.2. ““Content” means all material (including, but not limited to, text, videos, audio and images) generated or shared by the Affiliate in relation to the Services, encompassing, without limitation, any content posted by the Affiliate on social media channels that relates to Dabble.
15.3. “Customer” means a customer of Dabble who is an FTD attributable to the Affiliate.
15.4. “DFS” means daily fantasy sports contests, of the kind operated by Dabble.
15.5. “First Time Depositor” or “FTD” is a player who opens a DFS account with Dabble, using the Affiliate’s designated sign-up code, and makes a minimum of one (1) cash deposit into the account; and is a bona fide person, not a bot or user procured through farming or other schemes or contrivances as reasonably determined by the Company;
15.6. “Minor” means, in Arizona, Iowa, Louisiana and Massachusetts – a person under 21 years of age; in Alabama and Nebraska – a person under 19 years of age; and in all other US states and territories – a person under 18 years of age.
15.7. “Services” means the services to be provided by the Affiliate to the Company as set out in Schedule 1.

SCHEDULE 1 – SERVICES AND PAYMENT

In the event of an inconsistency between the terms of the Agreement and this Schedule, this Schedule shall prevail, to the extent of the inconsistency,
Capitalized terms used in this Scheule but not expressly defined shall have the meaning ascribed to them in the Agreement.
Services:
Description of Services
For the duration of this Agreement the Affiliate will use all reasonable efforts to promote (on their website, social media channels and similar online platforms) Dabble’s DFS application, the contests available in the application, and any specific Dabble products, features or promotions requested by the Company.
The Affiliate will allocate sufficient time, resources, and their best endeavours to carry out the Services in a professional and diligent manner, adhering to the terms and conditions outlined in this Agreement.