1. Introduction

This Affiliate Agreement ("Agreement") is entered into by and between GamedayMath ("Company") and the undersigned affiliate ("Affiliate").

The purpose of this Agreement is to establish the terms and conditions under which Affiliate may participate in the Company's Affiliate Program. Execution by You of this Agreement as set forth below constitutes Your acceptance of the terms and conditions of this Agreement and will be a legally binding agreement between both parties.

You should print and store this Agreement and the filled in Affiliate Signup Form.

2. Participation in Affiliate Network

• To enroll, you must submit an application. By submitting this application, warrant that that you are over the age of legal majority in Your jurisdiction, that the information with which You provide Us upon registration is complete, current, valid and honest, and that You have the full right, power and authority to enter into this agreement. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely fashion.
• Affiliate agrees to promote the Company's products/services using specific links provided by the Company.
• The Affiliate is granted a non-exclusive, non-transferable right to access the Affiliate Program.
• We may reject Your application if we determine, at Our sole discretion, that Your promotional methods are unsuitable for the Program for any reason.

3. Protection of Minors

Individuals below the age of 18 are prohibited from registering or engaging in activities on Our Sites or Participating Sites. Our Sites and Participating Sites are not intended for children or teenagers, and we actively implement steps to prevent minors from registering with them. Consequently, if we ascertain, based solely on Our judgment, that Your Site targets minors and is thus inappropriate for Our Program, we will decline Your application.

4. Marketing and Promotion

• The Affiliate agrees to use ethical and legal means to promote the Company's products/services.
• Affiliate must ensure all marketing materials comply with relevant laws and regulations.
• As an Affiliate, you are obligated to adhere to the guidelines of the CAN-SPAM Act of 2003 when sending emails related to the Participating Sites. In addition, you must ensure that all your promotional efforts on our behalf align with established industry norms. Should you engage in any conduct deemed unacceptable, including the utilization of spam, this will lead to the prompt termination of this agreement.

5. Commission and Payment

• Affiliate will earn a commission for each sale made through their unique affiliate link at the rate specified in the Program.
• Payments will be made on a monthly basis, subject to a minimum payout amount.

6. Our Responsibilities

• It is our duty to supply all necessary information to facilitate the creation of appropriate Links from Your Site to Our Participating Sites for marketing purposes. We will keep track of the number of Players you refer. A "Referred Player" is defined as any new Player, who was not previously registered at Our Site, and who, through your independent efforts, (1) is directed to any Out Site by you, (2) successfully registers and opens an account at any Our Site, (3) is verified and approved as a customer at Our Site, (4) meets any specified qualification criteria set by the Our Site and (5) makes a real money purchase, as exclusively determined by Us based on the information recorded on Our Site's system.
• You, your family members, or in the case of a corporate entity, your employees, are not permitted to become Referred Customers. If you or they attempt to do so, you will not be eligible for the corresponding commission. For this clause, "family member" includes your spouse, partner, parent, child, or sibling. We retain the right to close your account and withhold all commissions due to you if you register such customers.
• We will provide you with a report outlining the total number of referred customers, the activity they have generated, and the commission and/or payments due to you. Periodically, we will provide additional statistics as we see fit to aid you in better promoting the brands of the participating sites. You will have online access to the contents of this report.

7. Obligations Regarding Your Web Site

• You are entirely responsible for the technical functionality of Your Website and for the accuracy and appropriateness of the content posted there. You agree that your website, along with any associated social media accounts and pages, will not imitate or replicate the appearance of Our Site or Participating Sites. Furthermore, you agree not to create any impression that Your Site is part of, or associated with, Our Site or Participating Sites. You will also refrain from using any names or anchor texts in your domain or keywords that are identical or similar to any of our brand names or could be perceived as such.
• You also agree that Your Website will not host any content or materials from Our Site or those proprietary to GamedayMath.com, except when (i) expressly permitted by Us, or (ii) the materials are sourced from the Affiliate Program Information Site according to its terms or guidelines.
• You will indemnify and hold Us and Our Site harmless against all claims, damages, and expenses (including, but not limited to, attorney’s fees and costs for expert witnesses) arising from the development, operation, maintenance, and content of Your Website or any materials, products, or services linked or related to it.
• You acknowledge that your actions as an Affiliate reflect on Us and Our Site and could significantly harm Our reputation and goodwill. Therefore, you shall always consider and uphold the goodwill and reputation of GamedayMath.com
• You are solely responsible for ensuring that the content on Your Site and any products or services you offer comply with all relevant copyright and other laws. You must have explicit authorization to use any copyrighted or proprietary material from other parties. We are not liable if You use such material on Your Site illegally or in breach of any agreement. Your indemnity obligation will protect Us in such instances.
• In the event of a sale of an Accepted Site, the existing player base of that website may not automatically transfer to the new owner. Please consult with Your account manager before any change in ownership to align on the terms and responsibilities regarding the transition.

8. Duration and Termination of this Agreement

• This Agreement commences upon your completion of the sign-up process and our notification of your acceptance into the Program, including your creation of a unique link to Our sites. It will remain in effect indefinitely unless terminated by either party, with or without cause. Termination requires written notice to the other party, which will result in immediate termination of the Agreement. EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME, FOR ANY REASON OR NO REASON. For termination notices, an email to affiliate@gamedaymath.com or your affiliate manager is considered sufficient and immediate.
• If this Agreement is terminated, you are required to remove all of Our banners/icons from your site(s) and deactivate any links from your site(s) to Ours. All rights and licenses granted to you under this Agreement will end immediately. You must return any confidential information and all its copies in your possession, control, or custody and cease using Our Marks.
• Should we determine that you have not met your obligations and responsibilities as outlined in this Agreement, we reserve the right to withhold any commission due to you at the time of termination. Additionally, any commissions accrued after the termination date will not be paid.
• We may retain your final payment for a reasonable period post-termination to ensure the accurate amount is paid.
• Continuation of revenue generation from customers after this Agreement's termination does not imply a renewal or extension of this Agreement, nor does it constitute a waiver of termination.

9. Confidentiality

Both parties agree to keep confidential information secure and not disclose it without prior written consent.

10. Modification

We reserve the right to alter any terms and conditions of this Agreement at our sole discretion. It is the Affiliate's duty to regularly review these terms and conditions. Your continued participation in the Program after the Terms have been updated signifies your acceptance of these changes. If you find any modifications unacceptable, your sole option is to end this Agreement. However, the announced changes will still take effect unless we agree otherwise in writing to affiliate@gamedaymath.com. By continuing in the Program after we post any changes or a new Agreement on Our Site, you are agreeing to these changes.

THIS AGREEMENT CANNOT BE MODIFIED, AMENDED, DELETED, OR ANNOTATED UNLESS SUCH CHANGES ARE IN WRITING AND SIGNED BY BOTH PARTIES. No verbal alterations, modifications, or waivers of any part of this Agreement by any of our employees, officers, or agents will be valid or binding.

11. Relationship of Parties

You, gamedaymath.com, and its affiliated entities are independent entities, and this Agreement does not establish any form of partnership, joint venture, agency, franchise, sales representation, or employment relationship between the parties. You do not possess the authority to negotiate, accept, or endorse any offers or statements on our behalf. Additionally, you should not make any statements, on Your Site or elsewhere, that would reasonably oppose or conflict with the contents of this Agreement.

12. Representation and Warranties

YOU ACKNOWLEDGE THAT WE MAY, AT ANY TIME AND WITHOUT DIRECTLY INVOLVING YOU, SEEK PLAYER REFERRALS UNDER CONDITIONS THAT VARY FROM THIS AGREEMENT OR RUN WEBSITES THAT MIGHT BE SIMILAR TO OR IN COMPETITION WITH YOUR OWN WEBSITE. YOUR DECISION TO JOIN THIS AFFILIATE PROGRAM IS BASED ON YOUR OWN ASSESSMENT OF ITS MERITS, AND YOU ARE NOT DEPENDING ON ANY PROMISES, ASSURANCES, OR DECLARATIONS EXCEPT FOR THOSE EXPLICITLY STATED IN THIS AGREEMENT.

13. Limitation of Liability and Indemnification

We shall not be responsible for any indirect, special, or consequential damages, or any loss of profits, revenue, or data linked to this Agreement or the Affiliate Program, even if we have been informed of the possibility of such damages. Furthermore, our total liability in relation to this Agreement and the Program will not surpass the total commissions paid or payable to you under this Agreement. You agree to indemnify and hold gamedaymath.com, its represented entities, affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners harmless from any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs (including reasonable attorney fees), and other expenses ("Losses"). These Losses include those arising from or related to (i) any claim alleging that our use of the Affiliate Trademarks infringes on any third-party trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights, (ii) any misrepresentation or breach of warranties, representations, or agreements made by you in this Agreement, (iii) the development, operation, maintenance, and content of Your Site, including the products and services offered there, and (iv) any claim related to Your Site, specifically any content not directly attributable to us.

14. Data Protection

You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate

15. Miscellaneous

• This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous communications.

• Any amendments to this Agreement must be in writing and signed by both parties.

16. Governing Law

• This Agreement shall be governed by and construed in accordance with the laws of Florida.