Last revised: June 18, 2025This Affiliate Agreement (“Agreement”) lays out how we work together — you (“Affiliate”) and us, tothemoonaffs.com (“tothemoonaffs.com ”, «We», «Us») — in our Affiliate Program. Before signing up, please take a moment to read through this. By applying, using our marketing materials, or accepting rewards like commissions or bonuses, you’re agreeing to the terms here. If you don’t agree, it’s best not to continue. This Agreement explains how we’ll team up to promote Tothemoonaffs and its services. If you have any questions, just email us at
affiliates@tothemoonaffs.com (“Contact Email”).
1. DEFINITIONS "Affiliate" refers to you, the individual or entity applying to participate in the Affiliate Program.
"Affiliate Program" - the collaborative arrangement between you and Tothemoonaffs, under which you promote the Tothemoonaffs Website by placing Links from your own website(s) to the Tothemoonaffs Website, and in return may earn commissions, subject to the terms of this Agreement, based on the traffic and activity generated through such referrals.
"Affiliate Sign up Form" refers to the form that must be completed and submitted by any individual or entity seeking to join the Affiliate Program. This form typically includes personal and/or business details, preferred payment information, and tax-related data.
"Affiliate Website(s)" - any website(s) operated and maintained by the Affiliate, used for the pupose of promoting the Tothemoonaffs Website.
"CPA" – stands for “Cost Per Acquisition.” An “Acquisition” is defined as the first-time deposit (“FTD”) made by a referred player.
"Confidential Information" - any and all non-public, proprietary, or sensitive information disclosed by Tothemoonaffs to the Affiliate, including but not limited to technical data, trade secrets, financial information, customer data, business strategies, marketing materials, or operational insights.
"Hybrid deals" - any and all non-public, proprietary, or sensitive information disclosed by Tothemoonaffs to the Affiliate, including but not limited to technical data, trade secrets, financial information, customer data, business strategies, marketing materials, or operational insights.
"Insertion order or IO" refers to a contractual document specifying the details of an advertising campaign, including duration, placement, pricing, payment terms, and other commercial parameters
"Intellectual Property Rights" includes all existing and future legal rights pertaining to patents, trademarks, service marks, designs, trade names, domain names, copyrights (including software and databases), scripts (such as HTML/XML), trade secrets, and know-how, whether registered or unregistered, and any applications or rights to register them.
"Net Generated Revenues (NGR)" - the total net revenue generated by all of your referred customers during a calendar month. NGR is calculated as gross monthly revenue minus all applicable costs, including but not limited to: taxes, licensing or betting duties, third-party software or game provider fees, financial transaction fees, bonuses, loyalty programs, rakebacks, cashback incentives, and chargebacks.
"New Depositing Player" - a new customer who makes a first qualifying deposit with Tothemoonaffs, where the deposit is used for legitimate transactions as part of a commercial relationship with Tothemoonaffs. Registration and deposit do not need to occur on the same day.
"Referred Customers" refers to users who have not held a previous account with Tothemoonaffs, and who register through an affiliate tracking link associated with your account.
"Revenue Share" refers to the percentage of Net Generated Revenues earned by the Affiliate based on the activity of referred customers.
"Reward Plan" refers to a commission model that pays CPA compensation for each FTD made by referred players. Tothemoonaffs reserves the right to withhold payments for accounts deemed fraudulent, abusive (e.g., bonus abuse), self-excluded, suspended, or otherwise flagged as ineligible at Tothemoonaffs' sole discretion.
"Sub-Affiliate" any individual or entity referred by the Affiliate to Tothemoonaffs who is tracked via the Affiliate’s unique ID and becomes a registered affiliate within the Tothemoonaffs Affiliate Program.
"Unfair Advertising" refers to any promotional activity or content that breaches applicable laws, ethical advertising standards, or the advertising restrictions detailed in this Agreement. This includes, but is not limited to, deceptive practices, unauthorized use of intellectual property, or targeting of inappropriate or prohibited audiences.
"Your Website" refers to the website listed by you in the Affiliate Sign-up Form and used to promote Tothemoonaffs..
2. AGREEMENT (Terms and Conditions) 2.1 Enrollment and Acceptance To join the Tothemoonaffs Affiliate Program, you must accept the terms of this Agreement and complete the designated online application form. Approval or rejection of your application is at the sole discretion of Tothemoonaffs. All decisions made by Tothemoonaffs in this regard are final and not subject to appeal. Once a decision has been made, you will be notified via email. If your application is approved, you agree to be bound by the terms of this Agreement when promoting Tothemoonaffs services. The acceptance email will contain further details regarding your participation. These Terms and Conditions set forth the core principles of the partnership between you and Tothemoonaffs. Any specific commercial arrangements—such as advertising campaigns or commission structures—may be governed by an individual Insertion Order issued within the scope of this Agreement.
2.2 Modifications to the Agreement Tothemoonaffs reserves the right to amend, update, or modify this Agreement at any time. In the event of material changes, Tothemoonaffs will provide notice to your registered email address at least five (5) calendar days prior to publishing the updated terms on the affiliate program website. If you disagree with any of the proposed changes, you are required to terminate this Agreement in accordance with the applicable provisions. Your continued participation in the Tothemoonaffs Affiliate Program following such notice and/or implementation of the updated terms shall constitute your binding acceptance of the revised Agreement.
3. LINKS 3.1 Usage and Modification All tracking links, banners, and creative materials provided by Tothemoonaffs (“Links”) must be displayed and utilized strictly in the manner mutually agreed upon by both parties. Any changes to the format, placement, or functionality of the Links require the prior written approval of Tothemoonaffs.
3.2 Age Restrictions You must ensure that no promotional Links are placed on any websites or platforms directed at individuals under the age of eighteen (18). It is your responsibility to target only audiences who are legally permitted to access such content.
3.3 Geographic Limitations You shall not place or promote Links in geographic regions (“GEOs”) that have not been expressly approved by Tothemoonaffs. Prior to launching any advertising campaigns, you must obtain written confirmation from Tothemoonaffs specifying the permitted GEOs for marketing activities.
3.4 Use on Additional Websites If you intend to display the Links on websites other than the one(s) specified in your Affiliate Sign-Up Form (“Your Website”), you must obtain prior written consent from Tothemoonaffs for each additional domain.
3.5 NON-COMPLIANCE: IF YOU VIOLATE ANY OF THE LINK USAGE GUIDELINES OUTLINED IN THIS AGREEMENT, TOTHEMOONAFFS RESERVES THE RIGHT TO DISABLE THE LINKS THAT YOU USE. FURTHERMORE, TOTHEMOONAFFS RESERVE THE RIGHT, UPON WRITING NOTICE TO YOU, TO IMMEDIATELY TERMINATE THIS AGREEMENT AND TO STOP PAYING YOU ANY FUTURE REVENUE SHARE ON YOUR REFERRED CUSTOMERS.
4. STANDARD COMMISSION STRUCTURES 4.1 Personalized Commission Arrangements All Tothemoonaffs Affiliates are entitled to a personalized commission structure based on individually negotiated terms. Commission rates—whether expressed as fixed amounts, percentages, or a combination thereof—are not standardized across the program. Instead, they are determined on a case-by-case basis to reflect the specific value and contribution of each Affiliate.
The exact terms of any commission arrangement will be outlined in a separate agreement or correspondence and must be mutually agreed upon by the Affiliate and Tothemoonaffs prior to the commencement of promotional activities. Affiliates are strongly encouraged to engage in direct discussions with Tothemoonaffs to negotiate and finalize a commission structure that aligns with the interests of both parties.
5. TOTHEMOONAFFS'S RIGHTS & OBLIGATIONS 5.1 Right to Approve or Reject Applications Tothemoonaffs retains the sole discretion to accept, reject, invalidate, or cancel any Affiliate application at any time, with or without providing a reason. All such decisions are final and not subject to appeal.
5.2 Provision of Marketing Materials Tothemoonaffs is responsible for providing Affiliates with the necessary advertising creatives, promotional content, and relevant information required for effective participation in the Affiliate Program.
5.3 Tracking and Reporting Tothemoonaffs shall manage the tracking of traffic and conversions generated through the Affiliate’s unique tracking links. This includes calculating net revenues, documenting payments due to the Affiliate, and providing access to relevant statistics on referred players and performance metrics.
5.4 Right to Manage Customer Accounts Tothemoonaffs reserves the right, at its sole discretion, to reject the registration of any potential New Customer, or to suspend, restrict, or close an account at any time. Such actions may be taken in accordance with internal policies, compliance obligations, or other operational requirements.
5.5 Monitoring of Affiliate Activity Tothemoonaffs reserves the right to monitor the Affiliate’s Website(s) and promotional channels to ensure full compliance with this Agreement. The Affiliate shall cooperate with any such review and provide Tothemoonaffs with all relevant data and information necessary for monitoring purposes.
5.6 Updates to Promotional Links Tothemoonaffs will provide the Affiliate with tracking Links for placement on the Affiliate’s Website(s). These Links may be updated, replaced, or modified from time to time at Tothemoonaffs’ discretion. The Affiliate is responsible for implementing any such updates promptly.
5.7 Tracking Attribution Tothemoonaffs will make commercially reasonable efforts to ensure that each Referred Customer is correctly attributed to the Affiliate whose tracking link was used during registration. However, if for any reason Tothemoonaffs is unable to confirm that a Customer originated from the Affiliate’s Website, no commission shall be payable to the Affiliate, and Tothemoonaffs shall not be held liable in such cases.
6. UNLAWFUL AND UNFAIR PRACTICES 6.1 Prohibited Conduct and Incentives You may not offer any additional incentives, benefits, or promotions to your Referred Customers without prior written consent from Tothemoonaffs. Any such unauthorized activity will be considered a breach of this Agreement and may result in immediate termination of your Affiliate status and forfeiture of all future Revenue Share. Under no circumstances may you, or any of your immediate family members (including spouse, partner, parent, child, or sibling), receive commission or Revenue Share based on your own or their player accounts. You are strictly prohibited from modifying, redirecting, suppressing, or otherwise interfering with any functionality, button, or link on the Tothemoonaffs Website. The use of your own tracking links to simulate legitimate referrals for personal financial gain, or to artificially inflate your commissions, is expressly forbidden. Any attempt to manipulate tracking or reporting data will be considered a serious violation of this Agreement.
6.2 Legal and Regulatory Compliance You and your Sub-Affiliates must comply at all times with all applicable gaming laws and data protection regulations, including but not limited to:
● Directive 2002/58/EC
● The General Data Protection Regulation (GDPR) (EU) 2016/679
● Any national or local legislation implementing or supplementing the above
Specifically:
▪ You may not send marketing communications to individuals who have not provided explicit, verifiable consent to receive such messages. Proof of consent must be stored and readily available upon request.
▪ All marketing emails must clearly identify you as the sender, not Tothemoonaffs.
▪ Each email must contain a functional and visible option to unsubscribe from future communications.
6.3 Immediate Termination for Breach Tothemoonaffs reserves the right to terminate this Agreement without notice if you are found to have violated any applicable gambling advertising rules or data protection laws. You will not receive commissions for traffic that is deemed to have been generated in bad faith, including fraudulent, incentivized, or non-compliant activity. Tothemoonaffs may withhold any sums otherwise due if there is reasonable belief that such traffic occurred.
6.4 Fraudulent Traffic and Unauthorized Use of IP The use of automated tools, bots, or any mechanism intended to fabricate user activity or simulate player engagement is strictly forbidden. All traffic must originate from legitimate and approved sources. Any Affiliate found using such methods will be subject to immediate account termination and forfeiture of all earnings. Furthermore:
● You may not bid on or use Tothemoonaffs’s intellectual property, including trademarks, branded terms, or misspelled variations thereof, for search engine marketing or online advertising without written permission.
● You are prohibited from registering or using domain names that resemble or may be confused with any of Tothemoonaffs’s registered domains or brands.
● Any breach of this provision will result in immediate termination and further consequences as outlined in Section 9.2 of this Agreement. In addition, the promotion of Tothemoonaffs services in restricted jurisdictions is strictly forbidden.
Specifically:
● Sweden: Advertising in the Swedish language or targeting users in Sweden is prohibited and constitutes a material breach of this Agreement.
● Netherlands: Likewise, promotions in Dutch or targeted toward the Netherlands are not permitted. Violation of these country-specific restrictions will result in swift termination of your account and all associated commissions.
6.5 Compliance with UK Gambling Advertising Standards When promoting to users located in the United Kingdom, you must adhere to all advertising rules established by the Committees of Advertising Practice (CAP and BCAP), as enforced by the Advertising Standards Authority (ASA). This includes:
● Avoiding misleading claims or omissions in marketing communications, especially regarding free bet and bonus offers.
● Clearly presenting all significant terms and conditions related to promotions within the advert itself, or within one click where space is limited (e.g., banners).
● Ensuring that advertisements do not direct users immediately to registration or login pages without disclosing the applicable offer conditions. Failure to comply with these rules will be considered a material breach, and Tothemoonaffs reserves the right to terminate the Agreement immediately without prior notice.
7. PROHIBITED TOPICS AND ADVERTISING RESTRICTIONS The Tothemoonaffs agrees that such actions by the Company shall not be considered a breach of obligations but rather a precautionary measure and a means of risk mitigation. 7.1 Unfair Advertising You and your Sub-Affiliates are strictly prohibited from engaging in any form of Unfair Advertising. This includes any promotional content or activity that violates applicable laws, regulatory standards, platform rules, or generally accepted ethical norms. Unfair Advertising may include the use of misleading information, exploitation of sensitive topics, or targeting of restricted or vulnerable audiences. Any breach of this clause shall be deemed a material violation of this Agreement and may result in immediate suspension or termination of your affiliate account.
Specifically Prohibited Themes Include:
Public Figures: Any implication that political figures or government officials support or are affiliated with gambling.
Religion: Use of religious symbols, sacred texts, imagery, or any content that may offend religious beliefs or communities.
Children and Adolescents: Depictions of minors, content that appeals to individuals under the age of 18, or any references to minors or pregnant women in a gambling context.
Pornography: Sexualized content or explicit adult materials. Socially Vulnerable Groups: Imagery or themes portraying individuals in financial distress, emotional hardship, or other vulnerable life circumstances.
Military Themes: Use of military language, uniforms, or iconography.
Violence and Aggression: Depictions or glorification of physical aggression, cruelty, or harmful behavior.
Drugs and Alcohol: Any direct or indirect reference to controlled substances, drug use, or excessive alcohol consumption.
Death and Bereavement: References to death, loss, tragedy, or disaster.
7.2 DISCLAIMER. The above list is not exhaustive. Other topics or content that may be deemed offensive, inappropriate, or misaligned with public moral standards—even if not explicitly listed—are also prohibited. This includes any content that could reasonably be expected to harm Tothemoonaffs’s public image, cause reputational damage, provoke public controversy, or otherwise compromise the brand's integrity or commercial interests.
7.3 Enforcement and Withholding of Payments In cases where prohibited content is identified, including but not limited to the themes listed above, Tothemoonaffs reserves the right to suspend or withhold commission payments at its sole discretion. This may apply to individual violations or more broadly to your ongoing participation in the Affiliate Program. Payments may be withheld temporarily or indefinitely pending the outcome of an internal investigation. These measures are intended to protect Tothemoonaffs’s compliance with legal standards, advertising platform rules, and brand safety requirements.
7.4 Disclaimer of Liability Tothemoonaffs’s decision to suspend or withhold payments in response to violations under this section shall not constitute a breach of its obligations under this Agreement. Such actions shall be understood as legitimate precautionary steps taken for risk management and legal compliance purposes.
8. PAYMENTS 8.1 Payment Terms and Thresholds
a. Minimum Payment Threshold Affiliate payments will be issued to your registered payment account once your cumulative monthly Revenue Share exceeds €100. If your Revenue Share does not meet this threshold in a given calendar month, the amount will be carried forward to the next month(s) until the total payable amount exceeds €100. Payments will only be issued for months in which your balance is positive and exceeds this threshold.
b. Negative Balance Handling If your Revenue Share for a given month results in a negative balance, this amount will not be carried over into future months. Each month’s earnings are calculated independently, unless stated otherwise under the High Roller policy.
c. Monthly Reports Tothemoonaffs will provide access to performance reports via your personal Affiliate dashboard. These reports will detail your Referred Customers and the applicable share of Net Generated Revenues attributable to your account.
d. High Roller Policy If a Referred Customer generates a negative Net Revenue of at least €7,000 in a given month, they will be classified as a “High Roller.” In such cases:
● The negative Net Revenue from this High Roller will be carried forward and offset only against future positive Net Revenue from that same player.
● Negative balances from High Rollers cannot be offset against revenue generated by other Referred Customers.
● Additional negative Net Revenue will only be carried forward if the player again meets the €7,000 threshold in subsequent months.
● Adjustments under the High Roller policy will be calculated monthly, and you will be able to monitor these adjustments in your Affiliate account.
8.2 Changes to Account Details You are solely responsible for promptly notifying Tothemoonaffs of any changes to your payment account details. Tothemoonaffs shall not be held liable for any delay or failure to process payments resulting from your failure to update such information.
8.3 Account Security You are solely responsible for safeguarding the credentials and data associated with your payment account. If any change to your account information results from a cyber incident, data breach, or your failure to maintain adequate security measures, Tothemoonaffs shall not be liable for any failed or misdirected payments resulting therefrom.
8.4 Abuse of Promotions Tothemoonaffs reserves the right to withhold affiliate payments, suspend, or close affiliate accounts in cases where Referred Customers are found to be abusing promotions or bonus offers—whether such abuse occurs with or without your knowledge. This policy applies to all affiliate agreements, regardless of whether a trial or test period was initially included in the terms.
8.5 TOTHEMOONAFFS RESERVE THE RIGHT TO WITHHOLD AFFILIATE PAYMENTS AND/OR SUSPEND OR CLOSE ACCOUNTS WHERE REFERRED CUSTOMERS ARE FOUND TO BE ABUSING ANY WEBSITE PROMOTIONS, WHETHER DONE WITH, OR WITHOUT YOUR KNOWLEDGE REGARDLESS OF WHETHER THE CONCLUDED DEAL HAS A TEST PERIOD OR NOT.
9. INTELLECTUAL PROPERTY PROVISIONS 9.1 License and Ownership Tothemoonaffs hereby grants you
a non-exclusive, non-transferable, and
revocable license to use its trademarks, logos, brand elements, and promotional content (“Tothemoonaffs Content”) solely for the purpose of displaying authorized Links on Your Website, as specified in this Agreement. This license is valid for the duration of your participation in the Affiliate Program and is subject to your full compliance with the terms of this Agreement and any usage guidelines issued by Tothemoonaffs from time to time.
All rights, title, and interest in and to the Tothemoonaffs Content—including but not limited to intellectual property rights, associated goodwill, proprietary software, systems, and betting-related services—shall at all times remain the exclusive property of Tothemoonaffs. You may not copy, alter, adapt, distribute, or otherwise modify any Tothemoonaffs Content without obtaining prior written approval from Tothemoonaffs.
9.2 Brand Integrity and Website Distinction
Your Website must not replicate, mimic, or otherwise emulate the look, feel, or design of the Tothemoonaffs website. It must be clearly distinguishable as an independent platform and must not mislead users into believing that it is affiliated with, owned by, or operated as a direct extension of Tothemoonaffs. Any attempt to misrepresent your affiliation, or to create confusion regarding your relationship with Tothemoonaffs, will be treated as a material breach of this Agreement.
10. WARRANTIES 10.1 Mutual Representations and Warranties Each party represents and warrants to the other that it possesses, and will maintain throughout the duration of this Agreement, all necessary rights, titles, and authority to enter into this Agreement, to grant the licenses and rights set forth herein, and to perform its respective obligations in full compliance with applicable laws and regulations.
You further warrant that you have obtained, and will maintain for the term of this Agreement, all required registrations, approvals, consents, and licenses necessary to lawfully execute your duties under this Agreement, including but not limited to any applicable marketing, data protection, or jurisdictional authorizations.
11. TERM & TERMINATION 11.1 Commencement and General Term This Agreement shall become effective on the date you receive written confirmation from Tothemoonaffs that your application to join the Affiliate Program has been approved. The Agreement shall remain in effect until terminated by either party, which may be done at any time by providing twenty-four (24) hours' written notice to the other party.
11.2 Termination for Material Breach Tothemoonaffs reserves the right to terminate this Agreement with immediate effect in the event that you commit a material breach of any obligation under this Agreement. Upon such termination, Tothemoonaffs may immediately cease any future Revenue Share payments related to your Referred Customers. Termination will be confirmed by written notice.
11.3 Termination for Violations of Advertising Policies Should you be found in violation of any rules or restrictions—particularly those outlined in Section 7 (Prohibited Topics and Advertising Restrictions)—Tothemoonaffs may terminate this Agreement immediately. This right exists to ensure compliance with applicable legislation, advertising platform policies, and to safeguard Tothemoonaffs’s brand reputation.
11.4 Temporary Inactivity and Administrative Fees To maintain active status in the Affiliate Program, affiliates are required to engage with Tothemoonaffs periodically and manage any outstanding balances. If no payment request is submitted for a continuous period of twelve (12) months, the affiliate will be designated as "temporarily inactive":
● Tothemoonaffs will issue a seven (7)-day notice to your registered email address before applying any inactivity measures.
● If no action is taken within that notice period, a monthly administrative fee of 3% of the total outstanding balance will be deducted until such time as the account is reactivated or terminated.
11.5 Permanent Inactivity and Forfeiture If an affiliate fails to request or manage any payments for a continuous period of eighteen (18) months, the affiliate will be classified as "permanently inactive." In such cases:
● Any outstanding balances may be forfeited at the sole discretion of Tothemoonaffs.
● Tothemoonaffs shall have no further obligation or liability to return or reimburse any such forfeited funds.
12. CONFIDENTIAL INFORMATION 12.1 Ownership and Protection of Confidential Information You acknowledge and agree that all Confidential Information disclosed to you by Tothemoonaffs is and shall remain the sole property of Tothemoonaffs, and constitutes valuable trade secrets and proprietary information. You agree to exercise the highest level of care to prevent any unauthorized use, access, or disclosure of such Confidential Information during the term of this Agreement and for a period of three (3) years following its termination. You shall not use, reproduce, or disclose any portion of the Confidential Information except as strictly necessary to perform your obligations under this Agreement, or unless expressly authorized in writing by Tothemoonaffs. Unauthorized use or disclosure may result in irreparable harm to Tothemoonaffs, for which monetary damages may be an insufficient remedy.
12.2 Return of Materials Upon termination of this Agreement, or upon written request from Tothemoonaffs at any time, you shall immediately return all documents and materials—regardless of format or medium—that contain, reflect, incorporate, or reference any portion of Tothemoonaffs's Confidential Information. This includes, without limitation, all documentation, drawings, models, tools, technical specifications, marketing materials, and digital files.
12.3 Public Communications You are prohibited from making any public announcements, issuing press releases, or engaging in any communication with third parties or the public regarding your participation in the Affiliate Program without prior written approval from Tothemoonaffs. Any such communication must be pre-approved in content and form by Tothemoonaffs.
12.4 Survival and Equitable Relief Your confidentiality obligations under this Agreement shall survive its termination for a period of three (3) years. In the event of any breach or threatened breach of this Section, Tothemoonaffs shall be entitled to seek immediate equitable relief, including but not limited to injunctive relief, in addition to any other legal or equitable remedies available, to prevent or limit unauthorized use or disclosure of its Confidential Information.
13. YOUR PERSONAL DATA 13.1 Use of Personal Information Tothemoonaffs is committed to handling your personal data in accordance with all applicable data protection and privacy laws. Any personal information collected from you in connection with your participation in the Affiliate Program will be processed lawfully, fairly, and transparently, and solely for the purposes related to the administration and performance of this Agreement. Tothemoonaffs takes its obligations with respect to your personal data seriously. For full details on how your information is collected, used, stored, and protected, please refer to the [Tothemoonaffs Privacy Policy], which forms an integral part of this Agreement. By entering into this Agreement, you acknowledge that you have read and understood the Privacy Policy and consent to the processing of your personal data in accordance with its terms.
14. GENERAL PROVISIONS 14.1 Entire Agreement This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes all prior discussions, agreements, or arrangements, whether written or oral. Nothing in this Clause shall operate to exclude or limit either party’s liability for fraud or fraudulent misrepresentation. If any provision of this Agreement is found by a court or administrative authority of competent jurisdiction to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
14.2 Notices Any notice required or permitted to be given under this Agreement to Tothemoonaffs shall be sent by email to:
affiliates@tothemoonaffs.com. Notices to you will be sent to the email address provided in your Affiliate application or such other email address as you may notify to Tothemoonaffs in writing.
14.3 No Partnership or Agency Nothing in this Agreement shall be construed as creating any partnership, joint venture, or agency relationship between the parties. Neither party shall have the authority to act on behalf of, or to bind, the other party in any manner unless expressly agreed in writing.
14.4 Public Announcements Neither party shall make any public announcement or issue any press release in relation to this Agreement or its subject matter without the prior written consent of the other party, unless required to do so by law, regulation, or court order.
14.5 Governing Law and Jurisdiction This Agreement and any disputes or claims arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Cyprus. Each party irrevocably submits to the exclusive jurisdiction of the courts of Cyprus in relation to any claim or dispute arising under or in connection with this Agreement.
14.6 Language In the event of any inconsistency or conflict between translated versions of this Agreement and the English version, the English version shall prevail.
15. MISCELLANEOUS 15.1 Indemnity You are solely responsible for all marketing activities conducted by you and/or your Sub-Affiliates, including full compliance with all applicable laws and regulatory requirements. You (the “Indemnifying Party”) agree to indemnify, defend, and hold harmless Tothemoonaffs, along with its affiliates, officers, directors, employees, agents, shareholders, and partners (the “Indemnified Party”), against any and all losses, claims, damages, demands, liabilities, costs, and expenses (including, without limitation, loss of profits, consequential damages, legal fees, and any applicable VAT) that may be incurred, directly or indirectly, as a result of:
● Any breach of this Agreement by you or your Sub-Affiliates;
● Any failure by you or your Sub-Affiliates to perform or observe any obligation or warranty under this Agreement;
● Any violation by you or your Sub-Affiliates of applicable laws, rules, or regulations.
15.2 Limitation and Exclusion of Liability Nothing in this Agreement shall limit or exclude Tothemoonaffs’s liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation.
15.2.1 Excluded Damages To the maximum extent permitted by law, Tothemoonaffs shall not be liable, whether in contract, tort (including negligence), or otherwise, for any:
● Loss of profits, business, revenue, contracts, or anticipated savings;
● Loss of goodwill or reputation;
● Indirect, incidental, or consequential losses, even if such losses were foreseeable or were brought to the attention of Tothemoonaffs at the time this Agreement was made.
15.2.2 Liability Cap In any event, the total liability of Tothemoonaffs under this Agreement shall be limited to the total amount of commissions paid to you by Tothemoonaffs during the six (6) months immediately preceding the event giving rise to such liability.
15.3 Force Majeure Neither party shall be held liable for any failure or delay in performance of its obligations under this Agreement caused by events beyond its reasonable control, including but not limited to: natural disasters, strikes, labor disputes, acts of terrorism, utility or internet failures, governmental actions, war, or civil unrest. In the event that such a force majeure condition continues for a period of more than thirty (30) consecutive days, either party may terminate this Agreement immediately by giving written notice to the other party.
15.4 DISCLAIMER: TOTHEMOONAFFS MAKE NO REPRESENTATION THAT THE OPERATION OF THE TOTHEMOONAFFS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE AND TOTHEMOONAFFS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS
16. AMENDMENTS 16.1. We can change this Policy anytime—no notice or permission needed. Once we post the new version on our website, it’s active. If you keep using TOTHEMOONAFFS after that, it means you agree to the new terms. Be sure to check back now and then to stay up to date. CONTACT EMAIL
affiliates@tothemoonaffs.com