Terms & Conditions

AFFILIATE TERMS & CONDITIONS
VERSION 2. EFFECTIVE FROM 1.09.2025
Terms & Conditions
These terms and conditions apply to the Hero Affiliate Program and are the sole and prevailing terms and conditions between the Company and the Affiliate. All changes or amendments to these terms and conditions shall be solely decided by the Company and will take effect from the date that they are published on this website.

Version 3.0. Updated 1st September 2025.

1. Definitions and Interpretations
“Agreement” means these Terms and Conditions and the Application.
“Affiliate” or “you” means the party applying to (and whose information has been submitted in the affiliate application) that becomes part of the Affiliate Program.
“Affiliate Program” means the collaboration between the Company and the Affiliate, where the Affiliate promotes the Company’s Websites and, in this way, generates new players to the Company.
“Affiliate Website(s)” means the channel(s) (website/application/widget etc.) maintained and operated by the Affiliate from which traffic is generated to the Company’s Gaming Websites.
“Application” means the Affiliate’s application to join the Affiliate Program.
“Commission” means the payment due to the Affiliate, calculated based on the number of Referred Customers and the revenue generated from Referred Customers as set out in the commission structure communicated by the Company to the Affiliate.
“Company” means Ocean Octopus Limitada, a company incorporated in Costa Rica, with registration number 3-102-925739, with its registered address at Province 01, San Jose, Canton 02, Escazu, San Rafael, 400m South of the Multiplaza Shopping Centre, House No 400 on La Ceiba Street to the right, Costa Rica. References to the Company in this Agreement may include other companies within the same company group as the Company.
“Confidential Information” means all sorts of information, including but not limited to commercial, financial, technical, intellectual or essential for any of the Parties. For example, a list of customers, records, financial reports, conditions, trade secrets, know-how, prices, sales information, business know-how, products, strategies, databases, technology, marketing plans, methods of operation, market opportunities, designs, inventions, developments, and personal data of the Company.
“Fraud” shall mean any form of actual, attempted, or suspected fraud committed by an Affiliate or a Referred Customer of an Affiliate which, in the Company’s sole and reasonable discretion, is intended to secure a real or potential unfair, dishonest, or unlawful advantage. This includes, but is not limited to:
• Chargebacks or credit card fraud;
• Bonus abuse or arbitrage betting;
• Money laundering or the facilitation of money laundering;
• Use of automated software (bots), scripts, or AI-assisted play by Referred Customers;
• Affiliate incitement or encouragement of Referred Customers to breach the Company’s T&Cs;
• Referred Customers creating or operating multiple accounts;
• Referred Customers transferring funds between accounts for exploitative purposes;
• Cookie stuffing, dropping, or other deceptive tracking practices;
• Use of unauthorised marketing materials, misleading links, or deceptive ad copy;
• Affiliates or third parties acting on their behalf offering unauthorised incentives (financial or otherwise) to Referred Customers to encourage sign-up or activity;
• Referred Customers engaging in collusive behaviour;
• Affiliates misrepresenting the nature of their traffic, marketing methods, or placement;
• Referred Customers significantly altering play patterns to manipulate tagging (e.g., switching from HVC to recreational play on another brand site);
• Self-referrals or attempts to benefit from one’s own activity;
• Use of stolen, false, or misleading personal data during registration.
“High Value Customer /High roller” / “HVC/HR” means a customer which has obtained a cumulative win of €10,000 (ten thousand Euro) (or the equivalent in other currency) in any given calendar month on any Company’s Website.
“Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases, and know-how, as well as design rights.
“Links” means the hyperlink on the Affiliate Website(s) to the Company’s Websites.
“Net Revenue” means: the number of real money bets on the Company’s Websites from Referred Customer less (a) the money paid to Referred Customer as winnings, (b) bonuses and/or loyalty bonuses, (c) administration fees, (d) Fraud costs, (e) charge-backs, (f) returned stakes (g) duties or taxes (h) jackpot contribution and (i) any commissions/fees due to third parties for providing/licensing games and/or games software.
“Referred Customer” means a customer of the Company’s Websites who (i) has opened a new player account after having been referred from the Affiliate Website(s) to the Company’s Websites; and (ii) has made a first deposit on the Company’s Websites according to the terms and conditions of the Company’s Websites, but excluding the Affiliate itself, its employees, relatives, and/or friends; and (iii) is not already in the customer databases of the Company’s Websites (for example if the customer has previously closed its account and opened a new one after referral from Affiliate).
“Party/Parties” means Company and Affiliate.
“Privacy Policy” means the privacy policy which can be found on all landing pages of the Company’s Websites.

2. Introduction
2.1 By registering for the Affiliate Programme, and / or by accessing and utilising any of the Company’s marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Programme, you represent that: (i) you have read, understood and agreed to be bound to the terms and conditions set out in this Affiliate Agreement and (ii) you are at least 18 years of age.
2.2 You further agree to comply with all rules and guidelines concerning marketing issued by the Company from time to time, including but not limited to the Marketing Guidelines, which among other things include mandatory market-specific terms.
2.3 This Agreement binds the Affiliate once the application has been submitted, but the Affiliate is not accepted to the Affiliate Program until the Company has approved the application.

3. Qualifying Conditions – the Affiliate represent and warrants that:
3.1 It has the full capacity and authority and all necessary licenses, permits, and consents to enter into this Agreement;
3.2 It is a natural person aged 18 years or older.
3.3 All information on the Affiliate Application is true, accurate, honest and correct and upon any of the information changing, the Affiliate will immediately notify the Company and, if required, resubmit the Affiliate Application;
3.4 The bank account or payment wallet information provided by the Affiliate is a bank account or payment method belonging to the Affiliate; the Affiliate takes full responsibility for updating this information and making sure that all information is correct at the time of payment.
3.5 The Affiliate is allowed, according to both local and international legislation, to perform the activities set out in this Agreement;
3.6 It will be subject to sanction and PEP checks and any other such verification checks as the Company shall, in its sole discretion, at any time deem suitable.

4. The Company’s Rights and Obligations
4.1 The Company will evaluate the application and send a written notification via email to the Affiliate regarding acceptance or rejection of the application. The Company reserves the right to refuse Applications for any reason or to require further information from the Affiliate and to rereview Applications at any time during the term of the Agreement, particularly (but not limited to) to ensure compliance with regulations applicable to the Company or the operating companies of the Company’s Websites.
4.2 After the acceptance of an Application, a unique player-tracking code will be assigned to the Affiliate, which the Affiliate can use to link to the Company’s Websites.
4.3 The Company will record the Net Revenue generated by the Referred Customers, and the total amount of Commission earned by the Affiliate and provide the Affiliate with Commission statistics.
4.4 The Company will, subject to the Affiliate’s compliance with the terms of this Agreement, pay the Commission to the Affiliate as described in this Agreement.
4.5 The Company reserves the right to cancel, alter, or close the Affiliate Program, and/or alter the provisions of the Agreement at any time as the Company considers appropriate at its sole discretion.
4.6 The Company reserves the right to determine, in its sole and absolute discretion, whether a potential Referred Customer shall be accepted or not. The Company shall also in its sole and absolute discretion be entitled to determine whether to close a Referred Customer’s account if it, in the sole opinion of the Company, is necessary in order to comply with national and international regulations, obey the Company’s (or its relevant corporate group’s) policy and/or to protect the interest of the Company, its customers or any third party.
4.7 The Company shall use and process the following personal data of an Affiliate and/or any Affiliate employee as follows and in accordance with the Privacy Policy; username for the purpose of logging in, email address, name, date of birth, country and address, telephone number, and financial data for the purposes of ensuring a high level of security, fulfilling any Anti Money Laundering legal requirements of the Company (or its group of companies) and for managing the business relationship. Other than business contacts, the Affiliate shall not have access to any information held by the Company relating to any person, whether individual or legal, that is or may be identified from time to time (directly or indirectly).

5. The Affiliate’s Obligations and Rights
5.1. The Affiliate hereby warrants and undertakes:
5.1.1 to, at its own expense, actively and effectively market and promote the Company’s Websites as widely as possible to maximise the benefits of the Parties;
5.1.2 to use links, promotions, advertising or marketing material provided solely within the scope of the Affiliate Program, and not to use any other material unless specifically authorised by the Company in writing;
5.1.3 that its activities are carried out professionally and lawfully and in accordance with the terms of this Agreement;
5.1.4 that it shall always comply with the General Data Protection Regulation (GDPR) and any similar or related privacy legislation applicable to it. This includes, among other things, that the Affiliate shall inform its users about tracking technology used and provide the users with the opportunity to reject such technology;
5.1.5 to solely use links provided by the Company within the scope of the Affiliate Program;
5.1.6 to maintain and develop the Affiliate Website(s);
5.1.7 to conduct its business in a way that reflects favourably upon the Company;
5.1.8 that its marketing activities (including Affiliate Websites) neither do nor will contain any material, which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains pornographic material which is not in line with acceptable standards or which could constitute criminal behaviour, or graphically violent material;
5.1.9 not to target players who are under the legal age for gambling, and shall, for example, not create marketing content which appeals or could reasonably be held to appeal to children or young people;
5.1.10 Affiliates are prohibited from targeting any jurisdiction for gambling or the promotion of gambling activities where such actions are illegal, or prior approval has not been granted by us, the Company.
5.1.11 Not to generate traffic to the Company’s Websites through illegal means or Fraud. For the avoidance of all doubt, therefore, neither you nor your immediate family or friends may become a Referred Customer, and you shall not be entitled to any payment under this Agreement concerning such activity. Immediate family in this context means your spouse, partner, parent, child, or sibling. For the avoidance of doubt, violation of this provision shall be deemed as Fraud.
5.1.12 not to present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Company’s Websites or convey the impression that the Affiliate Website is partly or wholly originated or incorporated with/from the Company’s Websites and/or the Company.
5.2 Except for marketing materials provided by the Company or made available through the Company’s official websites, Affiliates are not permitted to use the Company’s trademarks, brand names, or any other Intellectual Property Rights without the Company’s prior written consent. This includes, but is not limited to, the registration and use of domain names containing any of the Company’s casino brands.
As an Affiliate, you are expected to generate legitimate and good-faith traffic. The Company will not accept or compensate for traffic acquired through unauthorised use of the Company’s brand keywords or search terms, as this constitutes keyword cannibalisation. This restriction applies to all SEM (Search Engine Marketing) activities, including but not limited to paid search advertising.
5.3 The Affiliate shall ensure that login details provided by the Company are kept confidential, safe, and always secure. Any unauthorised use of login details resulting from the Affiliate’s failure to protect the login information adequately shall be the Affiliate’s sole responsibility. The Affiliate remains solely responsible and liable for all activity and conduct occurring under its user ID and password. The Affiliate shall inform the Company immediately if the Affiliate suspects illegal or unauthorised use of its credentials.
5.4. The Company reserves the right to freeze the Affiliate’s account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through Fraud or in breach of the terms and conditions of the Agreement.

6. Commission and Payment
6.1 The Company shall pay the Affiliate the Commission as specified below. The Commission is at all times subject to the terms and conditions of this Agreement and is exclusively based on the number of Referred Customers and/or the revenue generated from the Referred Customers. It shall be deemed to be inclusive of value-added tax or any other applicable tax. The Company reserves the right to change payment methods at its discretion. For the avoidance of doubt, when calculating the Commission, Referred Customers generated by the Affiliate across all Company’s Websites shall be bundled together.
6.2 The Commission payable by the Company to the Affiliate will be calculated at the end of each month and the payment(s) will take place in the first twenty (20) working days of the next calendar month. Payment will take place only when the Commission has reached the minimum of €300. If it has not reached the minimum amount of €300, it will be accumulated and carried over to the following month(s) until the €300 is reached and/or exceeded and the Company can proceed with the payment. The Commission will be paid in Euro (€).
6.3 Where Commission earned by an Affiliate in relation to a HVC results in a negative amount in any calendar month, the Company reserves the right at its sole discretion to carry forward, in full, any such negative amounts and set off the amounts which have been carried forward against any future Commission payable to the Affiliate in relation to the same HVC until the negative balance has been fully set off against future Commission.

The Rev Share structure is tiered as follows based on the accounts NGR:
Upon a new registered account, this will automatically be on a default tiered structure.
25% = €0 – €5,000
30% = €5,001 – €10,000
35% =€10,001 – €15,000
40%= €15,001 – €20,000
45% =€20,001+

6.4 Payment of Commission shall be realised only by the payment method chosen by the Affiliate in the application. Where such payment is unable to be made, due to no fault of the Company, the Company will not be liable for the same and shall not be under any obligation to make payment via an alternative method. The Affiliate acknowledges that requesting that the Company make payment to a source other than the one verified by the Company at the time of the Application (or later if such verification takes place at a later stage) could constitute a breach of anti-money laundering or similar regulations and therefore, such requests shall be refused by the Company.
6.5 If an error is made in the calculation of the Commission, the Company, at its sole discretion, reserves the right to correct such calculation at any time and will pay out underpayment or deduct the overpayment made to the Affiliate in the future commission payment.
6.6 If the Affiliate disagrees with the balance of the Commission reported, the Affiliate must notify the Company within fifteen (15) working days, presenting the reasons for such dispute on the following email address: affiliates@heropartners.io. Failure to report a dispute within the time limit shall be considered as an irrevocable acceptance of the balance due for the period indicated.
6.7 The Affiliate’s acceptance of the payment of the Commission shall be assumed to constitute the full and final settlement of the balance due for the relevant period.
6.8 If the Company has reason to suspect that the Affiliate has breached this Agreement or has been involved in Fraud, as defined herein, it reserves the right to suspend commission payments and freeze the Affiliate account pending the outcome of an internal investigation.
If the Affiliate account remains suspended for a continuous period of 180 days and the Affiliate fails to provide satisfactory evidence or explanation demonstrating full compliance with the Agreement and the absence of any fraudulent or abusive behaviour, the Company reserves the right to terminate the Affiliate account and confiscate any unpaid or frozen commissions associated with the suspected breach or fraud.
6.9 The Affiliate shall return the number of Commissions (plus any further costs of the Company is pursuing any such amounts) received based on fraudulent or otherwise invalid transactions. Such Commissions may be deducted from future commissions until the funds have been paid back in full.
6.10 The Affiliate takes full responsibility to pay any applicable social security contributions (taxes, levies, fees, charges, and any other money payable both locally and abroad to any tax authority) on the remuneration received under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall reimburse the Company for any such cost incurred by the Company.
6.11 The company reserves the right to re-charge any bank charges incurred to the affiliate upon settlement. The fees recharged are contingent on the payment method being used.
Skrill 1.28%
Bank transfer 25€ + any applicable bank commissions
Crypto payment – to be discussed with affiliate manager/team
6.12 An IO (Insertion Order) will be provided by Affiliates when a listing fee/flat fee is agreed upon. The IO will show information about the agreement, listing, and fee, as well as the anticipated number of FTDs during the specified period. If the IO is not signed or the information in the IO is not met, the listing fee/flat fee agreement becomes null and void.
6.13 In order for payment to be done, Affiliate will need to send an invoice to invoices@heropartners.io with the following details:
Affiliate ID, Casino Brand and Cost breakdown per month
6.14 Affiliate commissions that remain unpaid and unclaimed for one year (12 months) will be written off.

7. Use of Marketing Material
7.1 The Affiliate is granted a revocable, limited, non-exclusive, non-transferable right to display the marketing material provided within the scope of the Affiliate Program on the Affiliate Website(s) for the duration of this Agreement. The Affiliate shall make no other use of the marketing material. The Affiliate shall not be entitled to sub-license or otherwise assign any right of use (in whole or in part) of the rights granted hereunder.
7.2 The Affiliate is not allowed to alter or modify any of the marketing material without the prior written permission of the Company.
7.3 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) following what is agreed between the Company and the Affiliate.
7.4 The Company reserves the right to monitor the Affiliate Website to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and the Affiliate accepts to provide the Company with all data reasonably requested to perform such monitoring.
7.5 The Affiliate should not take any action which could confuse the relationship of the Company and/or the Company’s Website and the Affiliate.

8. Termination and Commission Qualification
8.1 Termination Without Cause
Either party may terminate this Agreement at any time by giving thirty (30) days’ written notice via email.
8.2 Termination for Breach
The Company may terminate this Agreement with immediate effect if the Affiliate breaches any provision of this Agreement or fails to comply with applicable laws or regulations.
8.3 Immediate Termination – Fraud or Misconduct
The Company may immediately terminate the Agreement and freeze the Affiliate account if:
• There is any breach of the Affiliate Terms;
• Suspicious betting patterns suggest that the Affiliate or Referred Customers are engaging in fraud, bonus abuse, collusion, or other prohibited conduct;
• The Affiliate is declared bankrupt, insolvent, enters liquidation, or ceases business.
In such cases, the Company reserves the right to withhold or confiscate unpaid commissions and freeze any associated balances pending investigation.
8.4 Use of Intellectual Property After Termination
Upon termination, all rights and licenses granted to the Affiliate will immediately cease. The Affiliate must remove all Company-related content and cease use of the Company’s intellectual property.
8.5 Final Commission Payment
If the Agreement is terminated without breach by the Affiliate, the Affiliate will be entitled to any earned and unpaid commissions not associated with fraud or non-compliant activity.
8.6 No Compensation
The Affiliate will not be entitled to any reimbursement for advertising, development, or other expenses incurred before or after termination.
8.7 Withholding of Commission in Breach Cases
Where the Agreement is terminated due to breach, the Company may withhold any unpaid commissions as collateral for potential claims or damages.
8.8 Return of Confidential Information
Upon termination, the Affiliate must return or destroy all Company marketing materials and Confidential Information.
8.9 Survival of Terms
Termination does not relieve either party from liability for any prior breach. Clauses intended to survive termination, including but not limited to Clauses 9 and 10, shall remain in force.
8.10 Minimum Volume Requirement
The Company may, at its discretion, apply a minimum volume requirement of five (5) Referred Customers per month. If not met, commissions may be adjusted to the lowest tier or the account reviewed.
8.11 CPA & Hybrid Commission Conditions
For CPA and Hybrid deals:
• No commission is paid for duplicate, self-excluded, or blocked players.
• After a deal ends, only conversions within 30 days will be recognised. Traffic beyond that period will not be credited under the previous deal.
8.12 Suspension for Suspected Fraud or Abuse
The Company may suspend or terminate the Affiliate account without prior notice if it reasonably suspects fraud, abuse, or breach. This includes:
• Misleading marketing;
• Cookie stuffing or unauthorised tracking;
• Fake, stolen, or self-referral accounts;
• Unauthorised incentives;
• Bonus abuse or syndicate behaviour;
• Collusion or linked player accounts.
In such cases, the Company may suspend or withhold commissions and take appropriate enforcement measures. Each case will be assessed individually, but the Company retains full discretion to protect its platform, users, and brand.

9. Confidentiality
9.1 Confidential Information shall be kept in strict confidence during the term of the Agreement and for five (5) years thereafter and may only be used for the purpose performance of this Agreement.
9.2 All Confidential Information provided or made available by the Company under this Agreement shall remain the sole and exclusive property of the Company.

10. Intellectual Property
10.1 This Agreement will not grant either party any right, title to or interest in the Intellectual Property Rights of the other Party. In other words, nothing in this Agreement shall constitute an assignment, transfer, or any other right to any Intellectual Property Rights except for the license expressly set out in this Agreement.
10.2 All Intellectual Property Rights and any goodwill arising in Links and all marketing material, products, associated systems and software relating to the Company’s Websites shall remain the property of the Company (or its group companies).
10.3 The Affiliate shall use every effort to safeguard the intellectual property rights of the Company. The Affiliate shall not act in a way which is inconsistent with or undermines the Company’s ownership of any of the trademarks contained in the marketing material or the Company’s license therefrom. The Affiliate shall not use such trademarks as its trade name or company name, attempt to register or challenge any name, mark, design, logo, website or other branding material that is similar to or may be confused with the Company’s Websites and/or of the Company’s intellectual property. The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the trademarks of the Company’s Websites.
10.4 The Affiliate shall immediately notify the Company if it becomes aware of any infringement or improper use of the Company’s intellectual property. The Company is not obliged to defend its Intellectual Property rights, but if the Company opts for defending its rights, the Affiliate shall, at its own cost and to a reasonable extent, assist the Company.
10.5 The Affiliate may not under any circumstances combine the Company’s intellectual property with third-party intellectual property unless expressly permitted. For example, images or logos that are not provided by the Company may not be used in conjunction with the advertisements.

11. Indemnity and Limitation of Liability
11.1 The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders, and partners from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.
11.2 The Company shall not be responsible for any indirect losses or damages incurred by the Affiliate, damages due to business interruption, or loss of information, even if such losses should arise from the inability of the Company to operate its Affiliate Program as stipulated in this Agreement.
11.3 The Company makes no guarantee of the accessibility of the Company’s Websites at any time or any location. The Company shall not be liable to the Affiliate or anyone else for any inaccuracy, error or omission, loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Company’s Websites or the Affiliate Program.

12. Relationship of the Parties
12.1 This Agreement shall not allow interpreting either party as an employee, agent or legal representative of the other party; nor to create any partnership, joint venture, association or syndication among or between the Parties; nor to offer to either party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other party.

13. Disputes and Governing Law
13.1 This Agreement shall be construed in accordance with and be governed by the laws of Costa Rica.

14. Affiliate Verification
Hero Partners may request the confirmation of the identity, address, and/or payment account documentation of an individual/company of the affiliate account, at any given time:
i. proof of identity (such as copies of a valid passport/identity card),
ii. proof of address (a recent utility bill addressed to the identity of the person of the affiliate account that is no more than 3 months old), and
iii. a copy of a recent bank/payment account statement linked to the registered payment method to the affiliate account holder (which should not exceed 3 months old).
14.1 If you are a legal entity, we may require the following information:
i. the company’s certificate of incorporation, constitutional documentation, identity of the directors, officers and beneficial owners of the company,
ii. sufficient information to establish the identity and good standing of the corporate or business entity, as well as the authority of your business representative to act on your behalf, and the identity of the business representative, and
iii. a copy of a recent bank/payment account statement linked to the registered payment method (which should not exceed 3 months old).
14.2 Failure to provide the requested documentation within a reasonable timeframe, as determined by us, or an inability to satisfactorily verify your identity, address, and/or payment account, grants us the discretionary right to take the following actions:
14.3 Hold the funds in your account until the verification process is satisfactorily completed.
14.4 Temporarily suspend or permanently closure your affiliate account and terminate of this agreement with Hero Partners, including any active Insertion Orders.

15. Inactive /Dormant Accounts
15.1 The Company encourages an active affiliate program, and for the benefit of all parties, the Company reserves the right to review and take action on any partners that have been inactive for more than 12 months.
15.2 At any time where three (3) calendar months have passed without the Affiliate directing at least one First Time Depositor to the Site, the respective Company shall be entitled, in its discretion, to: (i) suspend the Affiliate’s account; and/or (ii) adjust the rate of the Affiliate Remuneration. The Affiliate will be given 24 hours’ notice before this change applies.
15.3 If the Affiliate account is unused for withdrawals, or is otherwise inactive (such inactivity may include, for example, the Affiliate not logging into his/her account), for a period of at least six (6) months, it will be deemed an “Inactive Account”. The Company shall notify the Affiliate that its account is an Inactive Account and that the Inactive Account Fee will be deducted if the Affiliate does not reactivate its account.
15.4 In the event an Inactive Account Notice is sent to the Affiliate, the Company shall be entitled to retain fifty percent (50%) of the total balance remaining on the Inactive Account (“Inactive Account Fee”) after fourteen (14) days have elapsed from the date of such Inactive Account Notice. Following such retention, the Affiliate’s account will be closed and this Agreement will be terminated.
15.5 Any unclaimed affiliate payments shall be written off within twelve (12) months from when such amount becomes due.

16. Miscellaneous
16.1 Any notice given or made under this Agreement to the Company shall be sent by email to affiliates@heropartners.io. If an email is received after 5.00 pm on a Workday or occurs on any day which is not a Workday, the notice shall be deemed to have been received at 9.00 am on the next Workday.
16.2 The Company shall send all notices by email to the email address supplied by the Affiliate in the application.
16.3 The Company and the Affiliate will always work in close cooperation for the mutual benefit of making the Affiliate Program a successful collaboration.
16.4 The Affiliate may not assign this Agreement or any rights here-under, by operation of law or otherwise, without the prior written consent of the Company.
16.5 The Affiliate must adhere to all regulations, regardless of whether not explicitly expressed.
16.6 Neither Party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force major event subsists for a period exceeding thirty (30) days, then either party may terminate this Agreement with immediate effect by providing a written notice.