Lottohelden Affiliate Program

General terms and conditions for participation in the Lottohelden partner program
1 Validity
1.1 
Lottohelden.de is operated by Deutsche Lotto- und Toto-Agentur Ltd., based in Malta, Level 5, St Julians Business Centre, Elia Zammit Street, STJ 3153 Malta (EU) (hereinafter "Lottohelden") and is registered in the company register in Malta under registration number C 90867. Lottohelden operates an online partner program (the "Partner Program"). Through this partner program, companies or private individuals (hereinafter "Partners") can provide media services on a success basis to support the marketing of Lottohelden products.
1.2 
These general terms and conditions of participation (the "Terms and Conditions of Participation") apply to any participation by partners in the Lottohelden partner program. Partners who do not agree to the Terms and Conditions of Participation (or are not entitled to do so) cannot participate in the partner program. By participating in the partner program, a partner accepts and agrees to these Terms and Conditions of Participation. Any conflicting general terms and conditions of the partner will not be accepted unless their validity is expressly agreed in writing between Lottohelden and the partner.
2 Participation in the partner program, conclusion of contract
2.1 
Partners of the affiliate program who are natural persons must be at least 18 years old and have full legal capacity.
2.2 
To participate in the partner program, the partner registers using the application form and agrees to these terms and conditions. The partner thereby submits to Lottohelden an offer for the conclusion of the contract between the partner and Lottohelden under the conditions set out in the registration form.
2.3 
Lottohelden reserves the right to subsequently carry out a review of the partner's websites . The partner has no right to participate in the partner program.
2.4 
The partner’s offer to conclude the contract will be accepted by Lottohelden if:
a. Lottohelden expressly confirms to the partner in writing (also by email) or by telephone that he has been accepted as a partner, or
b. the partner receives an email from Lottohelden or from a third party commissioned by Lottohelden to the partner's registered email address, declaring consent to the partner's inclusion in the partner program.
2.5 
With the acceptance of the offer by Lottohelden as described above, the contract for participation in the partner program is concluded between the partner and Lottohelden.
2.6 
The partner undertakes to keep his stored master data up to date . The master data includes in particular a valid email address and telephone number in order to enable quick contact.
2.7 
Lottohelden is entitled to process the registration, conclusion of the contract, administration of partner data and other measures using technical products from third parties.
2.8 
The Partner undertakes to disclose the nature and manner of his online sales activities to Lottohelden or to agencies commissioned by Lottohelden upon request.
2.9 
The partner is solely responsible for observing copyrights, applicable trademark law and other legal regulations on its website. Lottohelden is not liable in any case. The partner indemnifies Lottohelden against all claims made by third parties.
3 Services of Lottohelden
After the contract has been concluded, Lottohelden provides the partner with a website ID (“Affiliate ID”) for the duration of the contract. This enables the partner to access their account in order to manage the provision of their partner services.
3.1 
Lottohelden is required (but not obligated) to provide the Partner with the following documents via their account in addition to the Lottohelden marketing materials:
a. Graphics for use in banner ads or other web content; 
b. Details about promotions or offers from Lottohelden that can be promoted by the partner; c. Tracking codes that can be inserted by the partner on the partner's website; and d. Statistical information relating to the partner's services (e.g. the number of new customers referred and the remuneration)
3.2 
The contracting parties confirm and agree for the sake of clarity that Lottohelden bears sole responsibility for providing the products offered by Lottohelden to the (new) customers recruited by the partner. The partner will not be a party to contracts with the (new) customers recruited by the partner.
4. Services and obligations of the publisher
For the duration of the contract, the partner undertakes to provide the following services and to comply with the following obligations:
4.1 
The partner is obliged to promote the Lottohelden website (www.Lottohelden.de) or the Lottohelden products to be promoted in the best possible and broadest way in accordance with the provisions of these terms and conditions of participation and in the best interests of Lottohelden, as well as to market and promote the sale of Lottohelden products.
4.2 
The Partner will include Internet hyperlinks to the Lottohelden website or certain sub-pages on its website (“Partner Links”). Lottohelden provides the
The partner provides the target addresses of the partner links and allows them to be linked on the partner's website. The partner ensures that partner links are displayed to the same extent and in the same manner as other links listed on the partner website for sales purposes.
4.3 
The partner may only use partner links on the partner website that have been made available and approved by Lottohelden as part of the partner program.
4.4 
The partner undertakes to use only those websites within the partner program that have been previously checked and approved by Lottohelden.
4.5 
The partner must comply with all applicable laws and official requirements, the applicable guidelines and instructions of Lottohelden as well as the license conditions and code of conduct for online betting intermediary licenses ("remote betting intermediary operating licenses") available at https://www.lottohelden/agb/. In the event of a violation, Lottohelden is entitled to request the partner to refrain from or remedy the violation and to demand compensation for non-compliance.
4.6 
The partner is particularly obliged to observe the general conditions of the GlüStV and the associated advertising guidelines. In particular, the partner is obliged to prevent addiction and protect minors.
4.7 
The Partner undertakes to comply with all applicable data protection laws and Lottohelden’s data protection guidelines.
4.8 
The Partner shall ensure that its business activities as well as the content and operation of the Partner Websites comply with all applicable laws, regulatory requirements and other guidelines, in particular advertising rules, as well as the guidelines or instructions of Lottohelden.
4.9 
The partner undertakes to respect Lottohelden’s intellectual property rights and Lottohelden’s applicable brand guidelines.
4.10 
The Partner must comply with all applicable laws regarding the use of cookies and the necessary information obligations to visitors to the Partner websites.
4.11 
During the term of the contract, the partner will provide Lottohelden, upon request, at any time with all information necessary to verify compliance with the requirements of these Conditions of Participation by the partner.
4.12 
During the term of the contract, the partner will provide Lottohelden with all information required to enable Lottohelden to fulfil its statutory, official or private law information and notification obligations at any time upon request. This particularly applies to bank or account information, proof of identity, proof of address, information on the beneficial owners or persons authorized to represent the partner or other evidence relating to the partner's company.
4.13 
Within the framework of the partnership with Lottohelden, the Partner ensures that neither he nor any third party commissioned by him,
a. publish content on the partner website, on other websites or on other media or in any other way that 
i. may be defamatory, libelous, offensive, discriminatory, obscene, illegal or sexually explicit, pornographic, glorifies violence or is otherwise distasteful in the opinion of Lottohelden.ii. is specifically aimed at people under the age of 18 or at people who have not yet reached the legal minimum age for participation in gambling.iii. promotes illegal activities or infringes the intellectual property rights of third parties (e.g. by operating illegal streaming services) or the intellectual property rights of Lottohelden or by using metatags that are not permitted under trademark law or encourages such an infringement.iv. disregards the applicable advertising rules.
b. place partner links on websites or other media on which content within the meaning of point (a) above is published. 
c. provide partner services in areas or jurisdictions where offering, promoting, marketing or advertising gambling on the Internet is illegal. d. carry out marketing or advertising measures to market the Lottohelden website or Lottohelden products or using Lottohelden's content by sending e-mails, SMS or other messages by electronic or other means or by other publication or distribution without both i. having obtained Lottohelden's express prior written permission for the specific measure and ii. having obtained sufficient effective consent from the recipient that complies with applicable data protection laws and competition rules. e. use changed, modified or manipulated Lottohelden marketing materials or changed, modified or manipulated partner links to provide the partner services or derivative works of the Lottohelden marketing materials or partner links.f. design the partner website in a way that could lead to confusion with the Lottohelden website or Lottohelden itself (e.g. by purchasing or registering keywords, search terms or other identifiers in search engines, search portals, app stores, other advertising services or other search or brokerage services that are identical or similar to brand names, trademarks or domain names or other intellectual property rights used by Lottohelden or that contain variations of such a brand). In particular, the partner must refrain from doing the following without express permission from Lottohelden:i. placing advertisements on Facebook (e.g. on www.facebook.com/advertising);ii. to carry out search engine advertising (SEA) or search engine optimization (SEO or app store optimization - ASO) for Lottohelden keywords (in particular brand keywords that contain “Lottohelden” or “Lottohelden”, typos and similar sounding keywords). 
g. to carry out incentive advertising, for example by rewarding users with virtual currencies or through bonus or cash back options, to run retargeting programs or to use comparable programs to acquire customers. h. to provide users or third parties with sign-up scripts or similar tools. Registrations can only be carried out manually via the respective Lottohelden registration page. i. to use post-view cookies, to design the partner website in a way that gives the impression that the partner website is owned by Lottohelden or operated by Lottohelden or to impersonate Lottohelden on the partner website or in any other way. j. Register or apply for brand names, trademarks or domain names that are similar or identical to the domains registered or operated by Lottohelden. The partner may not use the term “Lottohelden” in a URL as a resource identifier (e.g. http://www.partnername.com/lottohelden), unless Lottohelden gives the partner written permission to do so. Lottohelden will provide details of its registered domains on request.k. independently and without prior review and written approval from Lottohelden, combine or link Lottohelden offers with offers from third parties in such a way that effective content control of the partner website(s) by Lottohelden is made significantly more difficult or impossible (e.g. by using unapproved subcontractors or unapproved subnetworks).l. use pure redirect pages (Javascript/iFrame) or redirect domains such as de.vu.m. directly or indirectly (e.g. indirectly via business partners, family members or third parties) open an account or several accounts with Lottohelden as a new customer and in this way generate sales that could be attributed to the partner as the provision of partner services.
4.14 
The partner ensures compliance with all statutory data protection regulations and other applicable laws. When using advertising emails or other advertising messages approved by Lottohelden, the partner ensures in particular that he only sends advertising emails and other advertising messages to people who have consented to them in a manner that complies with data protection law.
4.15 
The Partner is solely responsible for a. the operation, development and maintenance of the Partner Website b. for the proper use of the Lottohelden marketing materials provided by Lottohelden c. for checking the correct functioning of the tracking codes and partner links provided in the Lottohelden marketing materials
as well as for all other publications made available on the Partner Website or otherwise by the Partner.
4.16 
In addition to the Google guidelines for placing ads in Google AdWords, which must also be observed, the following guidelines apply to the Lottohelden partner program: a. Misleading texts and wording are not permitted. 
b. The use of the Lottohelden brand and all Lottohelden products as well as all misspellings is subject to the following provisions: 
i. Booking as a keyword: Not permitted ii. Use in the ad headline: Not permitted iii. www.Lottohelden as a display URL: Not permitted iv. Direct redirection: Not permitted c. The placement of paid entries in search engines (e.g. Adwords) for Lottohelden or its products is only possible for partners in exceptional cases with a separate application, review and a written additional agreement by the agency responsible and Lottohelden. d. This rule also applies to all search engines such as Bing, Yahoo, Google, etc. and networks such as social networks such as Facebook, where advertisements can be booked.
4.17 
The Partner undertakes not to integrate the advertising material provided on any pages other than those specified when registering for the Partner Program.
4.18 
According to the provisions of the Telemedia Act, the partner is responsible for the labeling of its websites. The partner undertakes to use the advertising material only on properly labeled pages.
4.19 
The partner or the partner’s website may not operate any of the prohibited publisher models mentioned in section 7 and may not integrate any Lottohelden advertising material on such websites.
4.20 
When registering for the partner program, the partner is obliged to provide true and complete information and to regularly check the information provided for accuracy and timeliness.
4.21 
The Partner undertakes to keep the access data to his account confidential and secure and to protect it against any unauthorized or illegal use.
4.22 
The Partner must inform Lottohelden immediately if he suspects any illegal or unauthorized use of his account.
5 Advertising materials
5.1 
Lottohelden provides the partner with advertising material in the form of text links and banners via the platform or in another previously agreed manner. The partner may only use these under their own responsibility and as part of the collaboration with Lottohelden. After termination of the partnership or upon request from Lottohelden, the partner will immediately and completely remove the advertising material from their pages.
5.2 
The partner undertakes to incorporate the advertising material provided unchanged into its websites. If additional advertising material is required or if a different integration of the advertising material is intended, the consent of Lottohelden or the supervising agency must be obtained.
5.3 
It is prohibited to offer third parties a share in the partner commission paid by Lottohelden or to promise any other benefit (e.g. participation in a competition, bonus points) for generating sales or leads.
5.4 
The inclusion of advertising material on pages that contain radical, political, racist, discriminatory, violent, sexist, inflammatory or pornographic content or that refer to such pages, as well as pages with content that violates common decency and applicable laws or the rights of third parties, is not permitted.
5.5 
The inclusion of advertising material on sites that primarily target children (under 18 years of age), that advertise to children or that contain childish content is not permitted.
5.6 
Only sales and leads that were preceded by a voluntary and conscious click by the user are eligible for commission. In particular, the use of cookie dropping, iFrames, advertising in layers and pop-ups and similar is prohibited.
5.7 
When specifying the jackpot amount, even when it is included in an advertising medium, the Partner undertakes to always provide the information truthfully and up to date.
5.8 
The advertising material may only be hosted by the user with prior approval . Changing the advertising material code regarding banner URLs is not permitted.
6 Intellectual Property
6.1 
Each Party retains all intellectual property rights in its name and rights to logos, slogans, trademarks and other materials that it currently uses or may use in the future.
6.2 
Lottohelden grants the Partner a non-exclusive, non-transferable and revocable license to use the Lottohelden marketing materials in accordance with these Terms and Conditions for the term of this Agreement for the sole purpose of providing the Partner Services. Unless expressly permitted in these Terms and Conditions or required by law, the Partner is not permitted to use the intellectual property rights owned by Lottohelden or used by Lottohelden (in particular the brand names, trademarks, logos, trade marks, advertising slogans of Lottohelden) in any way other than as prescribed in the Lottohelden marketing materials and other instructions from Lottohelden.
6.3 
The Lottohelden marketing materials are provided without guarantee. for the information provided therein (in particular with regard to its accuracy) orb. for the non-infringement of any third-party rights by the Lottohelden marketing materials orc. for the non-infringement of other (in particular statutory) provisions.
made available.
6.4 
All Lottohelden marketing materials remain the exclusive property of Lottohelden, regardless of use by the Partner.
7 Publisher Models
7.1 
In connection with online marketing and the integration of advertising materials, publisher models that are considered inadmissible or critical within the framework of the advertising guidelines (available here: Advertising guidelines.pdf) and the State Treaty on Gambling in Germany (GlüStV) are generally not permitted in the Lottohelden partner program.
7.2 
Inadmissible publisher models include in particular: a. Paidmailer partners b. Cashback, bonus partners and retargeting partners.
7.3 
A publisher model mentioned in lit. (b) can be declared permissible by Lottohelden (or a third party commissioned by Lottohelden) after appropriate examination in individual cases. The payment of cashback rewards or bonuses to the customer as well as the amount of the payout requires the consent of Lottohelden.
8 Publisher compensation
8.1 
The remuneration for services provided shall, unless otherwise agreed, be based on the rates, bonuses and commissions defined in the partner program.
8.2 
The partner receives a certain percentage of the net revenue as compensation. The percentage of the net revenue that the partner receives as compensation depends on the amount of net revenue generated by the partner in the month of billing. The current scale is published on the platform currently used and can be adjusted by Lottohelden from time to time.
8.3 
The remuneration will be calculated on a monthly basis and, subject to the other provisions of these Conditions of Participation, will be paid within 30 days after the end of the calendar month in which the remuneration was accrued.
8.4 
An unlimited follow-up payment defined in the partner program is linked to certain services to be provided. The publisher is instructed to generate a minimum number of 50 active new customers each month. In addition, the rule applies that at least 10% of the active new customers from the average of the last 12 months must be achieved each month. If other goals are agreed and special payments are granted that deviate from the standard payments in the network, the individual agreements for the continued payment of the follow-up payment apply instead. These special conditions must be made and confirmed in writing. If this service is not provided, Lottohelden reserves the right not to pay the follow-up payment.
8.5 
Lottohelden may, to the extent permitted by law and without affecting its other rights or remedies, set off any amount owed to it by the Partner against any amount payable by Lottohelden to the Partner .
8.6 
The available payment methods are determined by Lottohelden and announced on the platform. After the partner has successfully verified the data provided by Lottohelden, he can have his remuneration paid out using any of the available payment methods. Lottohelden can set a minimum payout value depending on the payment method selected.
8.7 
Lottohelden reserves the right to review generated leads and sales within the processing period and to validate them only after a positive review.
8.8 
Lottohelden also reserves the right not to grant compensation for fraudulent registrations and/or sales or for non-validated leads and sales. The right to compensation expires: 
a. if Lottohelden sells all or a significant part of its business operations in the areas of brokering secondary lotteries or instant lotteries to third parties; 
b. if the partner's account is inactive. This is particularly the case if the partner has not referred a new customer to Lottohelden over a period of 30 days; c. In the event of a license change, compensation will no longer be paid out in accordance with paragraph 8.
8.9 
The partner will also not receive any compensation for a new customer if there is sufficient suspicion that the new customer is in any way abusing Lottohelden's bonus conditions, is involved in money laundering activities, is acting fraudulently or with fraudulent intent, or is abusing Lottohelden's offer in any other way in an unlawful manner or is enabling, facilitating or otherwise assisting in such abusive activities.
8.10 
Follow-up commissions on generated sales will continue to be paid in accordance with the conditions defined in the partner program.
9 Exemption from liability
9.1 
The Partner shall indemnify, defend and hold Lottohelden, its officers, employees and legal representatives harmless from and against all (direct or indirect) costs, expenses, damages and losses (including interest, fines, legal fees or other consulting costs, defense costs and other expenses imposed on Lottohelden) incurred or to be paid by Lottohelden due to or in connection with or in any way connected with a. the violation of any provision of these Terms and Conditions by the Partner b. an actual or alleged infringement of third party intellectual property rights due to or in connection with the Partner Services, unless such a claim arises exclusively from actions (but not failure to check or prevent infringements by the Partner) within Lottohelden's area of responsibility.
9.2 
The above clause 9.1 shall continue to apply even after termination of the contract.
10 Liability of Lottohelden
10.1 
Lottohelden is only liable to the extent expressly set out in these terms and conditions. Lottohelden's liability for damages to the partner or third parties, regardless of the legal basis, is limited in accordance with the following provisions:
10.2 
Liability in the event of gross negligence is limited to the amount
Contractually foreseeable damage. The above limitation of liability does not apply if damage is caused by Lottohelden itself (i.e. by legal representatives of Lottohelden), by senior employees of Lottohelden or by vicarious agents or if it is based on a serious organizational fault of Lottohelden. The above limitation of liability also does not apply in the event of grossly negligent breach of contractual obligations.
the fulfillment of which makes the proper implementation of participation in the Lottohelden partner program possible in the first place, the violation of which endangers the achievement of the purpose of the contract, and on whose compliance the partner can regularly rely (“cardinal obligations”).
10.3 
In the case of simple negligence, Lottohelden is only liable for the breach of cardinal duties. In the case of a breach of a cardinal duty, liability is limited to such damages that can typically be expected to occur in the context of the collaboration.
10.4 
Lottohelden is liable in the event of intent, assumption of a guarantee or assurance, and in the event of injury to life, body or health in accordance with the respective statutory provisions, without the liability limitations in 10.2 and 10.3 applying. The above applies accordingly to actions by a vicarious agent of Lottohelden.
10.5 
The provisions also apply to cases in which liability has already arisen before the conclusion of the contract. The provisions also remain in force after termination or expiration of the contracts concluded under these terms and conditions.
10.6 
Lottohelden endeavours to ensure that the Lottohelden website and the content on the platform, including the products and services available through it, are available to the extent possible, but does not guarantee that the Lottohelden website and the content on the platform will be available at any particular time or for any particular period or that the features, functionality or performance of the Lottohelden website or the content on the platform will meet the requirements of the Partner or third parties.
10.7 
Lottohelden endeavours to ensure that the statements and explanations displayed on the Lottohelden website or on the platform are correct. However, despite all efforts to ensure the accuracy of such information, Lottohelden shall not be liable for any errors contained in such information.
10.8 
Lottohelden is not liable for advertising and sales-promoting links or advertising banners of third parties on the Lottohelden website or the content on the platform.
10.9 
Lottohelden is not liable for the content of the partner website or advertising and sales-promoting links or advertising banners of the partner or third parties on the partner website.
10.10 
Lottohelden will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may damage or infect the Partner's computer equipment, computer programs, data or other material due to the Partner's use of the Lottohelden website, the content on the platform or any linked website.
10.11 
Lottohelden shall not be liable for any loss or damage resulting from the insolvency of third parties or banks with which Lottohelden maintains accounts.
10.12 
Lottohelden's liability is limited with regard to the payment of the remuneration to the partner in accordance with these terms and conditions. Lottohelden is not liable for the failure to pay remuneration due to incorrect, incomplete or invalid information provided by the partner that is required for the payment.
10.13 
Lottohelden's liability to the Partner or third parties for damages, regardless of the legal basis, for lost income and profits, loss of business or wasted expenditure as well as for losses which Lottohelden could not typically have expected to occur at the time the conditions of participation were agreed, is excluded.
10.14 
Notwithstanding any other provisions of these Terms and Conditions, Lottohelden shall not be liable to the Partner or third parties for events beyond its reasonable control, including: a. natural events, outbreaks or impending wars or other threats or obstructions of a government authority, confiscation, nationalization, requisition or destruction or damage to property by a government, state or local authority or on their orders, strikes, lockouts, other labor disputes, fire, flood, drought or severe weather, b. power failure and/or failure or obstruction of networks, television, radio or telecommunications services, c. failure or destruction or damage or errors relating to computer systems or documents (including the website) or similar disruptions relating to computer systems or documents, d. other acts or events that prevent or hinder the implementation of this contract in whole or in part, e. delays, losses, errors or omissions in the delivery of mail or any other delivery service or on the part of the banking system and f. malfunctions of equipment or technology of the Partner or its Internet provider.
10.15 
All claims of the parties in connection with this contract shall expire within twelve (12) months after the respective party should have known of the existence of the possible claim, but in any event no later than six (6) years after it arose. In the first case, suspension of the limitation period requires that the respective party has informed the other party in writing within the 12-month period of the claim, the essential circumstances and nature of the claim and, if possible, the estimated amount of the claim.
11 Contractual penalty
11.1 
If the registered partner violates the obligations arising from these terms and conditions, the right to commission is void. In these cases, Lottohelden reserves the right to immediately exclude the partner from the Lottohelden partner program. Furthermore, the partner releases Lottohelden from all claims by third parties who have suffered damage as a result of the partner's violation of the terms and conditions and releases Lottohelden from any liability.
11.2 
Lottohelden reserves the right to hold the partner responsible for any damage caused if the conditions of participation are not observed.
11.3 
In order to avoid violations and resulting claims for damages, the Partner is requested to coordinate with Lottohelden or the responsible agency in cases of doubt.
12 Contract duration and termination
12.1 
Each contracting party may terminate this contract at any time (and without giving reasons) by notifying the other contracting party in writing (e.g. by email). The partner can also terminate the contract via the personal affiliate partner area of the platform. Participation in the partner program also ends upon receipt of the termination.
12.2 
After termination of the contract, regardless of the reason, the partner must immediately stop providing the partner services, but no later than within 24 hours. The partner undertakes to: a. remove all Lottohelden marketing materials and references to Lottohelden as well as other references to Lottohelden from the partner website; b. destroy all electronically stored information that the partner has received from Lottohelden (including Lottohelden marketing materials downloaded by the partner); c. return to Lottohelden all documents supplied by Lottohelden and destroy or irretrievably delete all copies of documents or files made by the partner for the purpose of providing the partner services; and d. upon request, confirm to Lottohelden in writing that the obligations under this section have been complied with.
12.3 
After termination of the contract, Lottohelden has no further obligation to pay any remuneration. Excepted from this are the partner's remuneration claims accrued up to the time of termination of the contract.
12.4 
The last payment to the partner can be withheld for up to 180 days if there is reasonable suspicion that new customers have in any way abused Lottohelden's bonus conditions, have been involved in money laundering activities, have acted fraudulently or with fraudulent intent, or have abused Lottohelden's offer in any other unlawful manner or have enabled, facilitated or otherwise assisted in such abusive acts.
12.5 
After termination of the contract, Lottohelden will collect the partner’s website ID / affiliate ID and close the account.
13 Confidential Information
13.1 
The partner will treat the confidential information as strictly confidential and will maintain strict confidentiality towards third parties regarding all confidential information communicated in connection with the conclusion or implementation of the contract, including data from end customers and business customers. If one of the partners is legally obliged to disclose the confidential information to third parties and/or authorities, Lottohelden must be notified of this in writing without delay, i.e. immediately after the partner itself has become aware of this obligation.
13.2 
The partner will use the confidential information provided by Lottohelden exclusively for the provision of the contractual services and obligations and will not use it for other purposes, in particular not for competitive purposes, and will not pass it on to third parties or authorities or make it public unless this is required by law or due to an official order.
13.3 
Confidential information may only be passed on to third parties on a "need-to-know basis" and only to those employees of the partner who have personally agreed in writing to maintain confidentiality. To this extent, it may also be passed on to consultants of the partner for the purpose of obtaining legal or business advice.
13.4 
The partner is obliged to return all confidential information and the copies made of it immediately upon request from Lottohelden and/or - regardless of such a request - or, if Lottohelden so requests or if release is not possible with reasonable effort, to irretrievably destroy or delete it and confirm this to Lottohelden in writing, unless these terms and conditions of participation state otherwise. The partner has no right of retention to the confidential information. Neither the return nor the destruction releases the partner from the obligation to continue to treat confidential information as strictly confidential. The confidentiality obligations do not end before the expiry of five (5) years after the end of the provision of the services under this contract.
13.5 
There is no obligation of confidentiality for information that a. was publicly available at the time of disclosure or became publicly available thereafter; b. was disclosed to the Partner by a third party without the imposition of a confidentiality obligation; c. was already in the Partner's possession or known to the Partner at the time of disclosure; or d. was developed by the Partner independently of the Confidential Information.
14 Final provisions
14.1 
The Partner undertakes not to assign, transfer, encumber, sublicense or otherwise dispose of the contractual rights or obligations without the prior written consent of Lottohelden.
14.2 
No waiver of any contractual right will be effective unless made in writing and will not operate as a waiver of any breach or default. No failure or delay by either party in exercising any right or remedy under the contract or at law shall constitute a waiver of that right or remedy or of any other right or remedy or shall preclude or restrict the further exercise of that right or remedy. No single or partial exercise of any such right or remedy shall preclude or restrict the further exercise of that right or of any other right or remedy.
14.3 
Unless otherwise provided, the rights set out in the Contract are cumulative and do not exclude the rights set out in the law.
14.4 
If any provision (or part of a provision) of the Contract is found by a court to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and the
The validity and enforceability of the other contractual provisions remains unaffected. The invalid provision shall be replaced by the corresponding statutory provision.
14.5 
No provision of the Agreement is intended or deemed to create a partnership or joint venture of any kind between any of the Parties or to make any Party the agent of any other Party for any purpose. The Partner shall not be authorized to act in any way as an agent for Lottohelden or to incur any obligations for Lottohelden.
14.6 
The contract between Lottohelden and the Partner and all disputes arising out of or in connection with the contract or the subject matter of the contract or the formation of the contract ( including non-contractual disputes or claims) shall be governed by English law, excluding the UN Convention on Contracts for the International Sale of Goods.
The contracting parties agree to the irrevocable jurisdiction of the courts of Gibraltar or Malta
14.7 
Any subsidiary agreements, changes or additions to the contract between the Partner and Lottohelden must be made in writing.
15 Subject to change
Lottohelden reserves the right to change these terms and conditions at any time and without giving reasons. Lottohelden will inform the partner by email two weeks before the terms and conditions are changed and give them the opportunity to view the changed version. The partner is then entitled to object to the changes. If the partner does not object to the validity of the new terms and conditions within two weeks of receiving the email, the changed terms and conditions are deemed to have been accepted

Reference to Publisher Agreement § 8.f