affiliate Program

Please read these New Hampshire Lottery iLottery Affiliate Program’s Terms and Conditions (“Terms and Conditions”) carefully before applying to become an Affiliate, as they set forth our and your legal rights and obligations in relation to the New Hampshire Lottery iLottery Affiliate Program (“Affiliate Program”). You will be asked to agree to these Terms and Conditions before becoming an Affiliate.

If you have any questions or comments about the New Hampshire Lottery iLottery Affiliate Program, please contact us by writing to our Affiliate Team at [email protected].

Definitions and interpretation

In the Agreement:

“Acceptance Email” means an email sent by the Administrator to an Affiliate confirming that the applicant has been accepted into the Affiliate Program.

“Administrator”, “we”, “us”, or “our” means Aristocrat Interactive which administers the Affiliate Program on behalf of the New Hampshire Lottery, and as part of the Income Access Network.

“Administrator Group Company” means any entity directly or indirectly controlling, controlled by, or under common control with the Administrator. For the purpose of this definition, "control" (including, with correlative meanings, the terms "controlling", "controlled by" and "under common control with") means the power to manage or direct the affairs of the entity in question, whether by ownership of voting securities, by contract or otherwise.

“Advertising Style Guide” means such document(s) provided to the Affiliate with the Acceptance Email (as may be amended from time to time by notice to the Affiliate, including by posting on the New Hampshire Lottery Online Website) that sets out the style guidelines that the Affiliate must follow when advertising and promoting the New Hampshire Lottery Website and iLottery products.

“Affiliate”, “you”, or “your” means the person (natural or legal) specified as the applicant for our Affiliate Program on the Registration Form and which has been approved for participation in the Affiliate Program.

“Affiliate Acquired Customer” means a distinct individual who (i) accesses the New Hampshire Lottery Website, (ii) performs all necessary actions to become a Registered iLottery Player, and (iii) makes both a deposit and wager meeting the Payment Criteria using the Link or Promotional Code assigned to the Affiliate by the Administrator.

“Affiliate Program” means the New Hampshire Lottery iLottery Affiliate Program for promoting the New Hampshire Lottery Website and iLottery products.

“Affiliate Website” means the website or websites owned and operated by the Affiliate and specified on the Registration Form.“Agreement” means the written agreement setting forth the Affiliate’s rights and responsibilities related to its participation in the Affiliate Program. The Agreement consists of the Registration Form, the Acceptance Email, and these Terms and Conditions, which may be amended by the Administrator from time to time by written notice to the Affiliate. The Agreement also includes emails from the Administrator to the Affiliate specifically amending these Terms and Conditions.

“Effective Date” means the date the Agreement comes into force as specified by the date of the Acceptance Email.

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the Party affected including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software infections or attacks, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars.

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs.

“Link” means a hyperlink specific to the Affiliate, whether embedded in text or an image or otherwise, to the New Hampshire Lottery Website in the form, of the design, and in a position on the Affiliate Website that is strictly in compliance with the Advertising Style Guide and any other instructions given by the New Hampshire Lottery and/or Administrator.

“Lottery Account” means the New Hampshire Lottery player account through which a Player’s age and identity verification takes place.

“Marketing Materials” means those banners, button links, text links, other advertising content, etc., solely as provided by the Administrator and/or New Hampshire Lottery for placement on the Affiliate Website and which will contain a Promotional Code associated with a specific Affiliate.

“Party” means either Affiliate or Administrator, and “Parties” means both of them.

“Payments” means compensation due to the Affiliate under the terms of this Agreement.

“Payment Criteria” means the initial minimum deposit and minimum wager requirements as set forth in the Cost Per Acquisition compensation model described in paragraph 3 herein.

“Prohibited Materials” means content, works or other materials that either the Administrator or New Hampshire Lottery determine, in each of their sole discretion, constitutes:

Material that is indecent, obscene, pornographic or lewd;
Material that breaches any applicable laws, regulations or New Hampshire Lottery policies;
Material that infringes any third-party intellectual property rights or other rights;
Material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user;
Computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software;
Spam, unsolicited email and/or unsolicited communications;
Material that promotes violence, discrimination, or illegal activities;
Material that the New Hampshire Lottery finds, in its sole discretion, to be objectionable;
Material that targets individuals under the age of 18.
Material that promotes in any way whatsoever any unlicensed products or services in the United States of America, including but not limited to, any unlicensed online gambling websites.

“Promotional Code” means a code issued by the Administrator that is specific to the Affiliate which may be issued in print or via a link.

“New Hampshire Lottery Website” or “Website” means the website accessible via the URL www.nhlottery.com or app owned by the New Hampshire Lottery.

“Registered iLottery Player” means an eligible person who successfully establishes a Lottery Account through the New Hampshire Lottery Website, has accepted and complies with all the applicable terms and conditions, has completed the registration process by successfully passing all age and identity verification processes and has made a deposit online.

“Registration Form” means an electronic form on the New Hampshire Lottery Website enabling users to apply to become Affiliates.

“Skrill” means the payment processor between the Affiliates and the Administrator.

“Term” means the term of the Agreement.

The Agreement
In order to apply to become an Affiliate, the applicant must complete and submit the Registration Form and accept these Terms and Conditions during the registration process.
If the applicant makes any input errors during the registration process, all errors must be identified and corrected by the applicant before the Registration Form is completed.
An Agreement is not established unless and until the applicant receives an Acceptance Email from the Administrator confirming the applicant’s ability to participate in the Affiliate Program.
The Agreement will continue in force indefinitely, unless and until terminated pursuant to these Terms and Conditions, as amended from time to time, or by operation of law.
The following persons (natural or legal) are prohibited from applying for and/or becoming an Affiliate:

An officer or employee of the New Hampshire Lottery;
A New Hampshire Lottery Board member;
A member of the same household as a New Hampshire Lottery Board member or an officer or employee of the New Hampshire Lottery;
An officer or employee of a contractor or subcontractor who is directly involved in the operation of New Hampshire Lottery or the provision of New Hampshire Lottery-related services;
A business or other legal entity which is owned by an officer or employee of the New Hampshire Lottery, or a contractor or subcontractor who is directly involved in the operation of the New Hampshire Lottery or the provision of Lottery-related services;
A business or other legal entity which is owned by a spouse, child, brother, sister or parent residing as a member of the same household as an officer or employee of the New Hampshire Lottery, or a contractor or subcontractor who is directly involved in the operation of the New Hampshire Lottery or the provision of Lottery related services; or
An individual under the age of 18.

An applicant is required to cooperate with the Administrator and provide information and documentation as requested from time to time for purposes of verifying the information provided during the registration process or, if approved as an Affiliate, for purposes of ensuring compliance with the Affiliate Program. The Administrator reserves the right to perform background checks on you and request any relevant documentation, for any reason, including (but not limited to) any investigation into your identity, personal history, registration details, such as name, address and age and your financial transactions and financial standing. The Administrator is under no obligation to advise you that such investigation is taking place. Such activities may include the use of specific third party companies, who perform the investigations as required. The Administrator may decide at its sole discretion to terminate this Agreement on the basis that such an investigation provides a negative or uncertain conclusion. In the event our requests for documents are not completed or if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent – we shall be under no obligation to accept such documents as valid and we may (i) terminate this Agreement with immediate effect or reject your application and (ii) withhold any Payments payable to you under this Agreement.
Participation in the Affiliate Program is at the Administrator’s and/or New Hampshire Lottery’s sole and absolute discretion. An application may be denied for any reason and neither the Administrator nor the New Hampshire Lottery are required to provide the applicant the reasons for which it was denied participation in the Affiliate Program. You shall have no right to appeal any decision by the Administrator or New Hampshire Lottery to reject your application.
If information required and supplied during the registration process subsequently changes during the Term, the Affiliate is required to provide the Administrator with updated information within fifteen (15) calendar days of the changes. The Administrator and/or the New Hampshire Lottery has the right to terminate this agreement with the Affiliate based on the changes or failure to provide the updated information in a timely manner.
Non-US Affiliates will be required to complete an IRS Form W-8BEN-E upon registration.
Compensation Model

Cost Per Acquisition (“CPA”)

The Affiliate agrees to place the Link on the Affiliate Website or to incorporate the Link into other digital marketing efforts in consideration for a one-time payment of $50 per Affiliate-Acquired Customer that both deposits ten dollars ($10) in their lottery account and wagers ten dollars ($10) from their lottery account within thirty (30) days of the Registered iLottery Player first entering the Website using the Link.
You acknowledge and agree that a different payment scheme may apply to other affiliates who are already being paid in accordance with an older or alternative payment scheme or in other particular cases as determined at the Administrator's sole discretion from time to time.

Affiliate Program
If the Affiliate has agreed to place the Link on the Affiliate Website, the Affiliate will, within seven (7) calendar days following the Effective Date, include one or more Links on the Affiliate Website and will maintain those Links on the Affiliate Website during the Term. Removal of those Links may lead to a suspension or termination of the Affiliate’s Agreement under paragraph 12.
The Administrator and/or New Hampshire Lottery may (but is not obligated to) at any time during the Term review the Affiliate Website and request amendments to the Links and/or the Affiliate Website, for the purpose of ensuring accuracy, consistency and quality in the use of the intellectual property and branding of the New Hampshire Lottery and third parties. The Affiliate will make such amendments within three (3) calendar days of the request. The Affiliate is required to make these amendments at the Affiliate’s sole cost and expense. Failure to make such amendments may lead to suspension or termination of the Affiliate’s Agreement under paragraph 12.
A Registered iLottery Player may not be associated with more than one affiliate. As a result, the Affiliate will only receive a Payment where the Registered iLottery Player has not already accessed the Website or become a Registered iLottery Player through any other method, including using another affiliate’s link or promotion code. The Administrator and/or the New Hampshire Lottery reserve the right to adjust compensation due under this Agreement to the Affiliate if the Administrator and/or the New Hampshire Lottery determine that one or more Affiliate-Acquired Customer(s) are associated with more than one affiliate.
An Affiliate is not entitled to compensation solely on the basis of an individual becoming a Registered iLottery Player using the Link or Promotional Code. The Affiliate is only entitled to compensation where the Registered iLottery Player becomes a Registered iLottery Player using the Link or Promotional Code and meets the Payment Criteria through the New Hampshire Lottery Website.
The Administrator and/or New Hampshire Lottery may at any time during the Term notify the Affiliate that their continuation in the Affiliate Program is dependent upon improved acquisition results. Failure to drive successful traffic that are converting to active Registered iLottery Players may lead to suspension or termination of the Affiliate’s Agreement under paragraph 12.

Affiliate Obligations
The Affiliate must:
Cooperate as is required by the Administrator in connection with the Affiliate Program;
Provide all information and documents required from time to time by the Administrator in connection with the Affiliate Program;

iii. obtain, and maintain through the term of this Agreement, all licenses, permits and approvals which are, or hereinafter become, required by any applicable governmental authorities in connection with its activities under this Agreement;

Ensure all marketing of, or relating to, the Affiliate Website is in accordance with applicable law, any applicable standards as set forth by the Administrator and/or New Hampshire Lottery and generally accepted industry practices;
Ensure that all marketing and promotion of nhlottery.com is consistent with the Advertising Style Guide and this Agreement; and
Make amendments to the Link, the New Hampshire Lottery promotional materials and/or other materials which are subject to New Hampshire Lottery or Administrator’s Intellectual Property Rights within three (3) calendar days of the request to make such an amendment.
If during the registration process, the Affiliate agreed to place a Link on the Affiliate Website, the Affiliate specifically agrees to:
Keep the Affiliate Website up-to-date and in good working order; and
Ensure that the quality of design, content and functionality on the Affiliate Website does not materially deteriorate during the Term and always maintains consistency with the Advertising Style Guide and this Agreement.
The Affiliate must not:
Include any Prohibited Materials on the Affiliate Website, or include any hyperlink to any Prohibited Materials on the Affiliate Website;
Market the Affiliate Website using spam or unsolicited emails or other unsolicited communications, or using any form of spyware, parasite ware, adware or similar software, or using any other methods which are deceptive, unfair, or contrary to applicable laws, regulations, or advertising standards within the lottery industry;

iii. Increase or seek to increase the number of Affiliate-Acquired Customers events using any fraudulent or deceptive method;

Make any public disclosure relating to the Agreement including press releases, public announcements and marketing materials without the prior written consent of the Administrator and the New Hampshire Lottery;
Include any hyperlink to the Website from the Affiliate Website that is not the Link(s) provided to the Affiliate by the Administrator;
Include any reference to the Administrator, the New Hampshire Lottery and/or the New Hampshire Lottery Website on the Affiliate Website which may be deemed as negative;

vii. Take any action in connection with the Affiliate Program which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of the Administrator, the New Hampshire Lottery or the New Hampshire Lottery Website;

viii. Allow any website other than the Affiliate Website to utilize the Link or Promotion Code;

Modify any Link, or modify, impair, disable or otherwise interfere with any tracking codes and/or other technology required by the Administrator in order to ensure proper tracking;
Use unapproved marketing materials to promote the Website other than the unedited Marketing Materials;
Use phrases to describe the New Hampshire Lottery, www.nhlottery.com or games offered on www.nhlottery.com/game-collection/ilottery on the Affiliate Website, Marketing Materials, or at the Affiliate Property that are not in compliance with New Hampshire Lottery Laws and regulations;

xii. Market the Website in any way which might compete with the Administrator's or the New Hampshire Lottery's own marketing efforts, unless you have received written approval from us in such regard. By way of example, only the following activities will be considered to be activities, which if undertaken by you, would compete with our own marketing efforts and are prohibited hereunder: (i) the placement of Links on any Internet sites on which we place advertisements for the Site; and (ii) the promotion of the Site by you by way of keyword advertising with Internet search engines. In relation to PPC and keyword bidding it is hereby made clear that you may not advertise (make use in any search engine ads) or purchase or register keywords, search terms or other identifiers, or include metatag kewords, for use in any search engine, portal, sponsored advertising service or other search or referral service, which are identical or similar to any of the New Hampshire Lottery, the Administrator's, or the Administrator Group Company's or their respective licensors' trademarks or trade names from time to time, or any word similar to the name of the Website.

Each Affiliate is and will remain responsible for the quality and origin of the traffic that it provides to the Website. If an Affiliate knowingly sends traffic of a questionable quality and/or origin to the New Hampshire Website, the Administrator, may, in its/their sole discretion, immediately terminate such Affiliate’s participation in the Affiliate Program.
If the Affiliate accidentally or unknowingly directs traffic of a questionable quality and/or origin to the Website, the Administrator may issue a written warning to the Affiliate, notifying the Affiliate of the questionable traffic. If, after three (3) written warnings, the Affiliate still directs traffic of a questionable quality and/or origin to the Website, the Lottery may immediately terminate such Affiliate’s participation in the Affiliate Program.
The Affiliate may not copy any other affiliate’s website or part thereof.
The Affiliate will comply with all applicable legislation, regulations, and advertising standards within the lottery industry relating to the use of cookies or other consumer tracking methods and will use all necessary notification procedures regarding the use of cookies and other tracking methods to all visitors to the Affiliate’s Website.
Violations of the obligations set forth in the Agreement, as periodically amended, may result in the suspension and/or termination of an Affiliate’s participation in the Affiliate Program as referenced under paragraph 12.
The Affiliate agrees that the Administrator may send the Affiliate email relating to the Affiliate Program to the address listed on the Registration Form. Email shall constitute written communication under this Agreement.
The Affiliate agrees that the Administrator may monitor, record, use and disclose data to any third party, including any Administrator Group Company and the New Hampshire Lottery, regarding the use of Links and Promotional Code.
The Affiliate agrees that the Administrator and/or New Hampshire Lottery may monitor, review and/or investigate the Affiliate Website to ensure compliance with the Agreement.
Intellectual Property Rights
The Affiliate’s use of the Link(s) and associated materials subject to New Hampshire Lottery Intellectual Property Rights is subject to this Agreement. Upon receipt by Affiliate of an Acceptance Email, the Lottery grants to the Affiliate a limited, worldwide (except in territories where the publication or use of the Link(s) or advertisement of the Website would be contrary to applicable laws), non-exclusive, revocable, royalty-free, non-transferable, non-assignable, and non-sublicensable license for the Term of this Agreement to electronically reproduce and publish the Link(s), which may include materials subject to New Hampshire Lottery Intellectual Property Rights, on the Affiliate Website and for the sole purpose of participation in the Affiliate Program. Any other use of the Link(s) and/or New Hampshire Lottery trademarks, logos or other materials subject to New Hampshire Lottery’s or the Administrator’s Intellectual Property Rights is strictly prohibited.
The Administrator and the New Hampshire Lottery provide no warranty that the use of the Link(s) by the Affiliate will not infringe any third-party Intellectual Property Rights nor give rise to any other liability to the Affiliate.
The license, as described herein, will immediately and automatically terminate if and when the Affiliate is no longer an Affiliate for any reason, including termination of the Affiliate Program, or suspension or termination of the Agreement under paragraph 12.
Upon suspension or termination of the Agreement for any reason, the Affiliate is required to immediately cease use of and remove the Link(s), the Marketing Materials, and any other materials subject to New Hampshire Lottery’s or the Administrator’s Intellectual Property Rights from the Affiliate Website.
We may at any time and without notice to you, disable any Link and/or Promotion Code.
You agree that the Affiliate Website will not, in any way, copy or resemble the look and feel of the Website (or any part thereof), nor will the impression be created that any of the Affiliate Websites are part of the Website (or any part thereof).
You also agree that the Affiliate Website will not contain any content of the Website or any materials which are proprietary to the Administrator or any Administrator Group Company, except (i) with our prior permission, or (ii) the Links. In particular, you are not permitted to register a domain name that includes, incorporates or consists of the Administrator or any Administrator Group Company or the New Hampshire Lottery and/or their respective licensors' trademarks or any domain name that is confusingly similar to such trademarks.
On execution of this Agreement and as a continuing obligation, you will inform the Administrator of any domain names you own which are in breach of the foregoing. Once we become aware that you have registered a breaching domain name you will be informed and required to transfer the domain name to us or an entity nominated by us forthwith and free of charge. YOUR OBLIGATION TO TRANSFER DOMAIN NAMES REGISTERED IN BREACH OF THIS CLAUSE EXTENDS TO DOMAIN NAMES REGISTERED PRIOR TO THE DATE OF EXECUTION OF THIS AGREEMENT. Until the domain name has been transferred to the nominated company you will not allow the domain name registration to lapse. We may, in our sole discretion, withhold all Payments that may be due to you until the domain name is transferred.
Payments
The Administrator will account to the Affiliate for all Payments due in respect of a calendar month within 30 calendar days of the end of the following calendar month, unless the amount due is less than the required minimum threshold and the payment service selected during registration, as described in paragraph 7(b) herein, in which case the Payments may be held over to the next payment date.
Payments to the Affiliate will be made in US Dollars through the Administrator’s payment processor, Skrill (using such payment details as provided by the Affiliate on the Registration Form). Payments will require a minimum threshold of $25 USD and agreement to any terms and conditions required by Skrill. Payments can also be made via ACH/Bank Transfer from the Affiliate Program Service Provider’s Skrill Account, with a minimum threshold of $250,The Skrill User Profile Terms and Conditions can be found at https://www.skrill.com/en-us/skrill-user-terms-conditions/. It is your responsibility to ensure that the details provided by you are both accurate and complete and neither the Administrator nor Skrill will have any obligation whatsoever to verify the accuracy and completeness of such details. In the event that you provide us or Skrill with incorrect or incomplete details or you have failed to update your details and as a result your Payments are paid to an incorrect account, the Administrator shall no longer be liable to you for any such Payments.
No Payments will be due in respect of or in connection with any of the following deposits, wagers, or other purchases (and the Operator will be entitled to require repayment of Payments made as a result of or in connection with such deposits or purchases):
Any deposits or wagers on the Website made by or on behalf of:
The Affiliate;
The parent company, subsidiary or affiliate of the Affiliate;
Any owner or officer of the Affiliate or any parent company, subsidiary or affiliate of the Affiliate;
A member of the same household as the owner or officer of the Affiliate or any parent company, subsidiary or affiliate of the Affiliate;
A Registered iLottery Player who established a lottery account through the Website prior to association with the Affiliate’s Link or Promotion Code.
Any deposits or wagers received through the Website by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means. For the purpose of this Agreement and by way of example only the term "fraudulent" shall include, but shall not be limited to: (i) the encouragement by you or a third party of bonus abuse on the part of any Registered iLottery Player; (ii) a chargeback executed by a Registered iLottery Player in relation to their initial deposit; (iii) collusion on the part of the Registered iLottery Player with any other player on the Website; (iv) the opening of an account in breach of the terms of this Agreement; (v) the offering or providing by you or any third party of any unauthorized incentives (financial or otherwise),) including without limitation "rake back", to potential or existing Registered iLottery Players; (vi) creating or using a single Link intended to be used by a single Lead; (vii) any use by you or a potential Registered iLottery Player or a Registered iLottery Player of any software program, robot or external aid, which is endowed with artificial intelligence, to bet on the Website; and (viii) any other act by you or by a Registered iLottery Player which is reasonably understood to have been committed in bad faith against the Administrator or any Administrator Group Company or the New Hampshire Lottery, regardless of whether or not such action has resulted in any type of harm or damage to the such parties;

iii. Any deposits or purchases through the Website which are subsequently cancelled, refunded, reversed, or charged-back;

Any deposit or wager discovered to have been made by a person who is self-excluded from Lottery or otherwise prohibited from making deposits or placing wagers through the Website;
Any deposit or wager by an Affiliate-Acquired Customer following the termination of the Agreement

The Administrator will be entitled to set off against any amount owed to the Affiliate any amount the Affiliate owes to the Administrator or the New Hampshire Lottery under the Agreement,or any loss or damage suffered by the Administrator or the New Hampshire Lottery arising out of or in relation to the Agreement at any time, including following the termination of the Agreement.
You shall be solely liable for any state and federal tax, charge or levy imposed on you in respect of your receipt of any sum due and payable under this Agreement by the relevant authority and all amounts due and payable by the Administrator to you hereunder are inclusive of any tax, charge or levy including without limitation sales, use and value added taxes which may be imposed on such payment and the Administrator shall be under no obligation to increase such payment in the event such tax becomes applicable. Without derogating from the foregoing, the Administrator shall be entitled to deduct and withhold from any payments due to you, and to pay over to the relevant tax authorities, any amount on account of taxes, in accordance with its obligations under applicable law. Any such amount deducted and withheld by the Administrator shall be deemed paid to you for all purposes hereunder.

You shall be solely liable for any fees, commissions, or other charges levied by Skrill, your banking institution, or any other entity involved in processing the Payments to you, and the Administrator shall be under no obligation to increase such payment in the event such fees, commissions, or other charges become applicable.

Warranties

The Affiliate hereby represents and warrants:

That it has the legal right and authority to enter into and perform its obligations under the Agreement;
That it has accepted the terms and conditions of this Agreement, which creates legal, valid and binding obligations on it, enforceable against it in accordance with its terms;
That all the information provided by it with regards to its application to the Affiliate Program is true and accurate;
That it is entitled to collect, store, retain and utilize the data held on its database(s);
That it, the owners or operators of the Affiliate Website and the Affiliate Website itself shall comply with all applicable laws, regulations, directives and guidelines including without limitation any guidelines issued by any standards-setting body in the relevant industry;
That it, the owners or operators of the Affiliate Website, and the Affiliate Website itself shall comply with all applicable state and federal standards to make neither false or misleading claims, nor to create a suggestion that the probabilities of winning or losing with the Website are different than those actually experienced;
That the Links and Marketing Materials shall not be placed on any website or printed page or medium devoted primarily to responsible gaming; (
That if required by the New Hampshire Lottery to possess any licence, permit, registration, or other authorization to promote the Website it shall possess such license when promoting the Website;
That the acceptance and the performance by it of this Agreement and the consummation by it of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which it is subject;
That it is above 18 years of age; and
That it will perform its obligations under the Agreement with reasonable care and skill.
Indemnity

The Affiliate will defend, indemnify and hold harmless the State of New Hampshire, the New Hampshire Lottery Board, the New Hampshire Lottery, the Administrator, each Administrator Group Company, and the officers, shareholders, members, directors, employees, representatives, agents, licensors, successors, assigns and subcontractors of each of the foregoing, against any and all claims, liabilities, damages, losses and expenses, including legal fees expenses or costs, arising as a result of or relating to any breach by the Affiliate of any term of the Agreement.

Liability

a. Each of the Administrator’s and/or the New Hampshire Lottery’s aggregate liability to the Affiliate under or in connection with the Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited to the total Payments due pursuant to the terms of this Agreement for the six (6) month period prior to the applicable event arising.
b. The Administrator, each Administrator Group Company, the New Hampshire Lottery and the State of New Hampshire will not be liable under or in connection with the Agreement or any collateral contract, whether in contract or tort (including negligence), and even if any of them have been advised of the possibility of such damages, for any:
Loss of profits, income or anticipated savings;
Loss or corruption of any data, database or software;

iii. Reputational damage or damage to goodwill;

Loss of any commercial opportunity;
Direct, indirect, special, punitive, or consequential loss or damage; or
Losses arising out of a Force Majeure Event.

Force Majeure Events
Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement, those obligations will be suspended for the duration of the Force Majeure event, provided that:
i. if such Party becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, the Party with knowledge of the Force Majeure event will promptly notify the other Party; and
ii. the affected Party takes reasonable steps to mitigate the effects of the Force Majeure event.
Termination and Suspension
Either the Affiliate or the Administrator may terminate the Agreement at any time, for convenience for any reason and for no reason, immediately by giving written notice to the other Party.
An Affiliate may be suspended for any of the reasons stated in paragraphs 4(a), 4(b), 4(e), 5(h), or 6(c), for the failure to adhere to any obligations under this Agreement, or for any other reason that the Lottery, in its sole discretion, may deem appropriate under the circumstances. The Administrator and/or the New Hampshire Lottery may initiate a request for suspension for any Affiliate for any of the reasons stated in paragraphs 4(a), 4(b), 4(e), 5(h), or 6(c), or for the failure to adhere to any obligations under this Agreement.
Effects of Termination

Upon termination of the Agreement:

The Administrator and/or the New Hampshire Lottery will pay to the Affiliate all Payments duly arising from Affiliate-Acquired Customers up to the effective date of termination of the Agreement in accordance with the terms of the Agreement; and
Termination of the Agreement will not affect either Party’s accrued rights as of the date of termination.
General
Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered via one or more delivery methods as referenced below. A notice will be deemed to have been received at the relevant time set out below:
where the notice is delivered personally, at the time of delivery;
where the notice sent by first class post, 48 hours after posting; and

iii. where the notice sent by fax or email, at the time of the transmission (providing the sending Party retains written evidence of the transmission).

If the notice is to the Affiliate, it will be sent to the email address specified on the Affiliate’s Registration Form. If the notice is to the Administrator and/or New Hampshire Lottery, it shall be sent to [email protected].

Notice will be deemed to have been received at the time of the transmission of the email (provided the sending party retains written evidence of the transmission and no “bounce” or “out-of-office” reply is sent by the receiving server.)

In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising, or pursuing any provision of these Terms and Conditions be deemed or construed as a waiver of that provision by the Administrator.
Nothing in the Agreement will constitute a partnership, agency relationship, retailer relationship or contract of employment between the parties. The Affiliate will not make any statement on the Affiliate Website which expressly or impliedly suggest that there is any such relationship between the Affiliate and the Administrator or the New Hampshire Lottery.
The Agreement may be amended by the Administrator posting a new version of the Agreement on the Website and notifying the Affiliate in writing that the Agreement has been amended. The Affiliate's continued participation in the Affiliate Program after receipt of such a notice will constitute the Affiliate's acceptance of the amended Agreement. If you do not agree to such change your sole remedy shall be to terminate this Agreement.
The Administrator may assign its rights and obligations under the Agreement without the Affiliate’s consent. The Affiliate is prohibited from assigning its rights and obligations under the Agreement without the prior written consent of the Administrator and/or the New Hampshire Lottery, which may be withheld without the need to give reasons.
The Agreement is made for the benefit of the Affiliate, the Administrator and the New Hampshire Lottery and Lottery’s vendors associated with the Affiliate Program and is not intended to benefit any third party or be enforceable by any third party. The rights of the Affiliate to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under or relating to the Agreement are not subject to the consent of any third party.
The Registration Form, these Terms and Conditions, as amended, and the Affiliate Acceptance Email constitute the entire agreement and understanding between the Administrator and the Affiliate in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the Parties relating to the subject matter of the Agreement. The Affiliate acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the Administrator.
The Agreement shall be interpreted in accordance with and governed by the laws of the State of New Hampshire, without giving effect to conflict of law provisions. The Affiliate will be solely responsible for any expenses arising from a dispute over the Agreement including, but not limited to, attorney fees and court costs.
No breach of any provision of the Agreement will be waived except with the express written consent of the Party not in breach.