Last updated in August 2025
Version 1.1.
By completing and submitting the application form found on the www.luckystake.com (the “Website”), the Affiliate acknowledges that it has read these Terms and Conditions and agrees to be bound by this, the Privacy Policy, and any other policy available on the Website.
These Terms and Conditions (the "Affiliate Agreement") contains the terms and conditions between Elevatetech Ltd, a company duly registered and incorporated under the laws of the Republic of Cyprus with registration number ΗΕ 466401 and registered address at 10 Agios Athanasios, KSENOS BUILDING, 4th Floor, 4104, Limassol, Cyprus (the "Company", "we," "us," or "our"), and you, regarding your application to participate as an affiliate (the "Affiliate(s)") in the Company's affiliate program, (the "Affiliate Program").
As an Affiliate, your role is to promote the sites and/or applications of the Brand(s) made available by the Company to Affiliates which are either owned, operated, or licensed by the Company, as updated and made available to the Affiliate Program from time to time. The Company reserves the right, at its sole discretion, to add, remove, or modify the list of Brands associated with this Agreement at any time, with or without prior notice, and such changes shall become effective immediately upon publication on the Website.
You will indicate your acceptance of the terms and conditions of this Agreement by marking the box at the bottom on the Website which reads "Agree with Terms and Conditions" and "Agree with Privacy Policy" and review the Terms and Conditions, Player Safety and Self-Exclusion Policy, Privacy Policy and any other documents which form part of our documentation available at the respective Website of the Brand you are applying for to enter in entering Affiliate Program (the "Documentation").
1. This Affiliate Agreement shall govern our relationship with you in relation to Affiliate Program and modifies, replaces and supersedes any previous affiliate agreement you have entered into with us in relation to the Brand.
2. The Affiliate acknowledges, agrees and represents that it is not an employee, agent or subcontractor of Company or any other company in the same group of companies as Company and is not connected in any way to a person or company which is in the same group of companies as Company (each a "Connected Party"). Should Affiliate become a Connected Party at any time during the Term, it shall immediately notify Company. Following such notification (or if Company otherwise becomes aware that Affiliate is a Connected Party), Company may terminate this Agreement, with immediate effect, by providing notice in writing to the Affiliate.
3. Bound by All Terms and Conditions. By acceptance of these terms and conditions at the bottom of this Agreement and/or on the Affiliate Application and/or on the affiliate registration page on the Luckystake Website, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT
4. Independent Contractor. You are providing, under this Agreement, marketing services to us, as an independent contractor. Neither party to this Agreement is an agent, representative or partner of the other Party. You shall have no right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of, or to otherwise bind, us. This Agreement shall not be interpreted or construed to create an employment relationship, an association, agency, joint venture or partnership between us and you or to impose any liability attributable to such a a relationship upon either party.
5. Modifications to Agreement. We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes to the Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
6. Different Territories. You acknowledge and agree that in certain territories associated companies to the Company may need to perform obligations under this Agreement and you hereby consent and agree to other associated companies fulfilling such parts of our obligations as is necessary for us to comply with the terms of this Agreement and for us to share such information about you to such other associated corporate entities for this purpose.
7. Where it is agreed by us that you will be required to submit invoices for payment of the Fees, as opposed to having those Fees paid directly to your Affiliate Payment Account, those invoices must be sent to the Company or an associated company when special instructions are delivered to the Affiliate.
1. Once the Affiliate has been Approved, Luckystake grants the Affiliate a non-exclusive, revocable, non-transferable license during the Term to use: (i) the Affiliate Tracking Software and (ii) any of the Approved Content solely for the fulfill its obligations as per this Agreement, throughout the Territory and in accordance with this Agreement ("License"). The License will terminate automatically upon the termination of this Agreement for any reason.
2. For the avoidance of doubt:
3. The Affiliate acknowledges that Luckystake (and any other member of its group) may operate additional Affiliate Programs in connection with the Brand's Website or any other websites. Unless otherwise agreed in writing, the Affiliate has no rights in relation to such other programs.
4. The Affiliate acknowledges and agrees that:
5. The Affiliate acknowledges and agrees that all data relating to Luckystake Customers shall be and remain, as between the Affiliate and Luckystake, Luckystake exclusive property.
6. The Affiliate shall immediately cease to use all Luckystake IPR upon being notified to do so by Luckystake (either by electronic or written notification) or on any termination of this Agreement.
7. The License granted to Affiliate, and the right to receive Affiliate Remuneration is in respect of genuine commercial use only.
1. Identification Procedures. You shall provide true and complete information to us when completing the Affiliate Application and promptly update such information if all or any part of it changes. Failure to keep your details updated may result in your Account being terminated or payments being withheld. You shall also provide us with such other information as we may reasonably request from time to time.
2. Create and Maintain Unique Links. By agreeing to participate in Affiliate Program, you agree to create and maintain unique links from your site to our Brand. You may link to us with any of our banners, e-mails, articles or with a text link. Unless agreed to in writing, this is the only method by which you may advertise on our behalf. You may also be required to create original Content and shall ensure that no Content created by you breaches any third-party intellectual property. All Content made under this Agreement shall belong to the Company.
3. Minimum FTPs Referred. All Affiliates are required to refer a minimum of five (5) FTPs within a three (3) month period of joining Affiliate Program. Should an Affiliate not reach this requirement we may close your Affiliate Account, but you will have the option to open a new Affiliate Account, subject to our Approval.
4. Throughout the term of this Agreement, you shall not:
5. Immediate Termination for Breach of Section 4.4. Breach of Section 4.4 above, shall constitute a material breach and we reserve the right to rely on the available legal remedies including any legal action against you or your related entities, agents, personnel, as the case might be. If we determine, in our sole discretion, that you have breached any of the provisions of Section 4.4, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement
6. Immediate Termination for Spamming. We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
7. Non-Exclusive, Non-Assignable Right. This Agreement grants you the non-exclusive, non-assignable, right to direct potential Players to any of our Websites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we are contracting others to perform services of the same or similar nature as yours. You shall have no claim for Fees or other compensation on business secured by or through people or entities other than you.
8. Approved Advertising. You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials shared with you or provided to you by the marketing team. The appearance and syntax of the hypertext transfer links, if provided to you, are designed and designated by us and constitute the only authorised and permitted representation of our sites.
9. Traffic Generated Not in Good Faith. You will not knowingly benefit from known or suspected traffic not generated in good faith. We reserve the right to retain all amounts due if we have reasonable cause to believe of such traffic. We reserve the right to withhold where Players are found to be abusing any of our Gold Coins package offers or promotional giveaways.
10. Purchases to Player Accounts. You shall not make purchases for any Player Account (directly or indirectly) through your Tracker(s) for your own personal use or to artificially increase the Fees. Violation of this provision shall be deemed to be Fraud Traffic.
11. Development, Operation of Site; Indemnity. You will be solely responsible for the development, operation, and maintenance of your Affiliate Website and for all materials that appear on your Affiliate Website and for all Content created by you. You will indemnify and hold us and the Group as well as their officers, shareholders, employees, directors, agents, successors, and assigns harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site and Content created by you.
12. No Affiliation. No affiliation can be made between your site and any Group website.
13. License. We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our trade name, trademarks, service marks, logos, Brands and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site.
14. Confidential Information. You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
15. Data Protection. You shall at all times comply with data protection legislation in your jurisdiction. It is your responsibility to be aware of the legislation in your jurisdiction with respect to data protection.
1. Luckystake will pay the Affiliate Remuneration in accordance with the applicable Remuneration agreed in writing between the parties.
2. Luckystake will provide the Affiliate with remote online access to reports regarding Players activity and the Fees generated (if applicable).
3. Payments in Timely Fashion. We shall make reasonable efforts to make any payments due to you in a timely fashion. However, we shall not be liable for occasional delays or delays outside of our control.
4. Method of Payment. All payments to you will be due and payable in United States Dollars. Charges for wires or courier charges for cheques will be covered by you and deducted from your Fees. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your Affiliate Payment Account.
6. Deductions. In any event of a Chargeback, or Player not reaching the age of majority in his or her jurisdiction, such Player shall not be considered a FTP and any payment made to the Affiliate with respect to such Player shall be deducted.
7. Right to Withhold Amounts. We reserve the right to withhold all amounts due and payable to the Affiliate under this Agreement if we believe that any fraud has taken place or is contemplated which involves the Affiliate, whether or not the withheld amounts relate to the event in question. If we believe that a fraud has taken place or is contemplated by any Player without the Affiliate's knowledge, we will be entitled to withhold any amounts due to the Affiliate in connection with such fraud. We will also be entitled, in the foregoing events, to set-off from future amounts payable to the Affiliate any amounts already received by the Affiliate which can be shown to have been generated by fraud. If we determine, at our sole discretion, that the Affiliate has engaged in any activity forbidden in this Agreement, including without limitation activity that involves Restricted Territories, or that the Affiliate has otherwise breached any of its representations, warranties or undertakings in this Agreement, we may (without prejudice to any other rights or remedies available to us) withhold any amounts due and payable to the Affiliate hereunder, whether or not generated by such forbidden activity or breach and further suspend or terminate the Affiliate's account.
8. Intellectual Property Rights. We do not support any kind of content stealing or copying (site scraping) or any breach of any intellectual property rights, and we reserve the right to suspend and if necessary terminate the Affiliate's account if it is proven that the Affiliate is responsible for using such methods, and/or to transfer the amounts payable to the Affiliate to the original content creator and/or intellectual property rights holder. All Content created by you for the purpose of promoting the Brand is property of the Company.
9. Supporting Documentation. We reserve the right to delay or withhold payments if any supporting documents relating to the payments to be made to the Affiliate and/or those referred to in Section 8 of this Agreement are not promptly provided to it upon request.
10. Negative Balance. If in any calendar month, the total sum payable to an Affiliate amount to a negative sum, then such negative sum will be set-off against future payments due to the Affiliate until the full negative balance is set-off.
11. De-Tracking Of Players. If a Player doesn't play on our Websites for a period of three (3) months, we may, at our sole discretion, de-track that Player and you will no longer receive Fees on them.
12. Taxes. All taxes due in connection with any payments to you are your sole liability. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from this agreement and for collecting and paying the income tax and social security contributions in respect of your staff, if you have any staff. You are responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided and you acknowledge that the payments that you receive shall be deemed to include all taxes. The Affiliate hereby indemnifies and agrees to immediately reimburse Luckystake and its Group for any costs, expenses or losses that may be caused to, or suffered by Luckystake or its Group as a result of any claim or demand made by any governmental or other authority with regard to tax withholding obligations or similar obligations to which Luckystake or its Group may be subject in connection with its relationship with (or as a consequence of making payments to) the Affiliate. Luckystake will be entitled to withhold or set off any such amounts from any payments made to the Affiliate.
13. Bank Charges. In the event that, for whatever reason (including incorrect details being provided by the Affiliate), Luckystake or its Group is charged by either its own, or the Affiliate's bank for paying, or attempting to pay the Affiliate Remuneration ("Bank Charges"), Affiliate hereby indemnifies Luckystake or its Group in respect of any and all sums which are paid or payable by Luckystake or its Group in respect of such Bank Charges. Luckystake or its Group shall be entitled to set-off Bank Charges against future Affiliate Remuneration owing to the Affiliate and/or may request immediate repayment of such Bank Charges from the Affiliate.
14. Disputes. If you disagree with the weekly reports or amount payable, do not accept payment for such an amount and immediately send us a written notice of your dispute. Dispute notices must be received within thirty (30) days of our making available your monthly report or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Further, deposit of payment cheque, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement of Fees due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of your Fees, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
15. Anti-Money Laundering. You shall comply with all applicable laws and any policy notified by us through our Website or otherwise in relation to anti-money laundering and/or the proceeds of crime.
1. Effective Date. This Agreement shall commence on the date that we notify you that your application to join the Affiliate Program has Approved and shall continue indefinitely until terminated in accordance with this Section 6.
2. Immediate Termination by Either Party. We may terminate this Agreement immediately if a receiver, examiner or administrator is appointed of the whole or any part of the Affiliate's assets or the Affiliate is removed from the Register of Companies (or similar register) in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up of the Affiliate (unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of that party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement), if you are subject to bankruptcy proceedings, or if you are subject to any similar process or procedure to those described in this Section 6.2 in any part of the world.
3. Immediate Termination by Us. We may immediately suspend or terminate this Agreement: (a) where you materially breach any term of this Agreement and fail to remedy the breach (if remediable) within the time period specified by us to remedy same; (b) in accordance with its rights set out in this Agreement; (c) where we suspect the Affiliate or any Players signing up through the Affiliate are engaged in Fraud or are suspected of engaging in Fraud; or (d) where you are in breach of any warranty within this Agreement. We reserve the right to withhold any amount due to you in such circumstances (whether or not such amounts are generated by the breach).
4. Suitability. We may suspend or terminate this Agreement at our discretion immediately upon notice if we consider that you are for any reason unsuitable to be an Affiliate. We shall not be required to disclose its reasoning in connection with any such suspension or termination. Where we disclose our reasons for such suspension or termination, we may withhold and/or terminate any payments that otherwise may have been due to you.
5. Termination Without Cause. We may immediately terminate this Agreement without cause by providing a written notice (email shall suffice) to the Affiliate.
6. No Prejudice of Rights. Termination of this Agreement shall not prejudice any rights of Luckystake which may have arisen on or before the date of termination.
7. Removal of Content on Termination. Upon termination of this Agreement for any reason, you shall remove all Content and Approved Content from your Website and all rights and Licenses granted to you in this Agreement shall immediately terminate. All Content is the property of the Company.
8. Deduction of Payments. We shall be entitled to deduct from any payments due and payable to you, from any such debts and liabilities due to us, if any.
9. No Entitlement to Fees Following Termination. You shall not be entitled to any Fees in respect of Players following the termination of this Agreement.
10. Luckystake may unilaterally amend any of the terms and conditions set out in this Agreement, at any time and at its sole discretion, by posting the amended agreement on the "Terms & Conditions" page on the Luckystake Website. Any changes will take effect from the date specified at the head of the updated version of this Agreement ("Amendment Date"), and Affiliate hereby agrees to be bound by such changes on and from the Amendment Date. The Affiliate is solely responsible for regularly checking the Luckystake Website and making itself aware of any such amended versions and changes.
11. Any variation of or amendment to this Agreement shall be effective only if the variation or amendment is proposed by: (i) Luckystake, be published on the Luckystake Website; and (ii) Affiliate, be documented in writing and signed by both parties. None of Affiliate, or the Affiliate or Luckystake employees, officers or agents may orally amend, modify or waive any provision of this Agreement.
1. Misrepresented, Falsified or Fraud Traffic Prohibited. The Affiliate will not engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves Misrepresentation, Falsification of data or numbers, or Fraud (together "Fraud Traffic"). The Affiliate will act at all times to refrain from, immediately stop and not allow any Fraud Traffic or that it believes or should reasonably believe to potentially involve Fraud Traffic, or any act or traffic that we inform the Affiliate is suspected by it, at its discretion, to involve or potentially involve Fraud Traffic.
2. Suspicion of Fraud. In the event that we suspect Fraud, we reserve the right to place restrictions on the Affiliate's account including but not limited to suspending the Affiliate's account and retaining all sums within the account as well as commencing a full investigation. The Affiliate hereby gives the Company its authorization to inform the appropriate authorities or third parties of such an incident and only once we are satisfied that the matter is resolved shall it remove any restrictions on the Affiliate's account.
1. No Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE PROGRAM, OUR LUCKYSTAKE WEBSITE OR BRAND WEBSITE, OR ANY CONTENT, APPROVED CONTENT, PRODUCTS OR FACILITIES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
2. Billing and Collection Limitations. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your Tracker certain Players, purchases or play patterns or reject the applications of potential FTPs and/or Affiliates so as to reduce the number of fraudulent, unprofitable transactions or for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.
3. Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the owners, shareholders, directors, officers, agents, employees, vendors or suppliers of the Website other than as provided under this Agreement. Other than as expressly provided in this Agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to you in relation to the Website(s) that the dispute relates to over the previous three (3) months at the time that the event giving rise to the liability arises. However, nothing in this Agreement will operate to exclude or limit either party's liability for death or personal injury arising as a result of that party's negligence or for fraud.
4. Indemnification. You shall defend, indemnify and hold us, our Group, and us and our Group's officers, directors, shareholders, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from your breach of this Agreement.
5. Set off. Without prejudice to any other rights or remedies available to us under this Agreement or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any liability of you to us, including any claims we have against you resulting from or arising from, your breach of this Agreement.
6. Compliance With Local Laws. YOU UNDERSTAND THAT LAWS RELATING TO THE COMPANY'S ACTIVITIES AND YOUR ACTIVITIES MAY VARY ACROSS JURISDICTIONS. YOU WARRANT THAT YOU HAVE INDEPENDENTLY EVALUATED THE LAWS THAT APPLY TO YOUR ACTIVITIES AND BELIEVE THAT YOU MAY PARTICIPATE IN THE AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.
1. Identity Verification. It is our policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. We will verify the Affiliate's identity through the information provided by the Affiliate and by obtaining information from public sources and data. We will make our best efforts to reasonably ensure that we know the true identity of all of our Affiliates. Should we be unable to adequately satisfy ourselves of the Affiliate's identity, we shall not be obliged to provide the Affiliate with any information as regards the reasons for such failure to identify the Affiliate. For the avoidance of doubt, the Affiliate agrees that we may use any personal information provided by the Affiliate for the purposes of verifying its identity in accordance with Section 9.1. We reserve the right to request additional due diligence documentation, including but not limited to identification documents, as part of our review process for the Affiliate Application. If the documentation provided does not meet our requirements or satisfy our due diligence standards, we may, at our sole discretion, decline to approve the Affiliate Application. See Section 9.2 for more details on the list of acceptable due diligence documents.
2. Supporting Documentation. The Affiliate agrees to provide us with any supporting documents we may request. The Affiliate is aware that we have the right to delay payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving license copy; a copy of a utility bill; a letter of reference from the individual's bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company's certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner of the company and the identity of the directors of the company.
2. Use of Affiliate's Personal Information. The Affiliate acknowledges that its personal information (meaning any information about it from which it can be personally identified, such as its name, address, telephone number or email address) may be used by us for the following purposes:
3. the Affiliate hereby consents to the use of its personal information as set out in this Section 9.1 by us, including the disclosure by us to relevant third parties for such purposes, including (without limitation) to:
1. Unless otherwise agreed in writing by the parties, all notices required under this Agreement shall be deemed effective:
1. You may not issue any press release or other communication to the public with respect to this Agreement, our Marks, or your participation in the Affiliate Program without our prior written consent, except as required by law or by any legal or regulatory authority.
2. Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this Agreement or any rights under this Agreement, or subcontract any or all of your obligations under this Agreement, or purport to do any of the same. Any purported assignment in breach of this Section shall confer no rights on the purported assignee.
3. We may assign any of our rights and obligations under this Agreement.
4. Governing Law and Attornment. This Agreement (including any variation or modification thereto) shall be deemed executed in Ontario, Canada and shall be governed by and construed in accordance with the laws of Ontario, Canada without giving effect to conflicts of law principles. You irrevocably agree that any disputes arising from this contract shall be submitted to arbitration, and the ADR Chambers, Toronto Ontario, Canada shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this Agreement or its enforceability. You waive any objection to proceedings in courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
5. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.
6. Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to this Agreement provided by us to you in accordance with Section 2.4 above. Each of the parties acknowledges and agrees that in entering into this Agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this Section, it might otherwise have had in relation to any of the foregoing. Nothing in this Section shall limit or exclude any liability for fraud.
7. Third-Party Rights. Except insofar as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under local law or statute to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or statute.
8. No Waiver by Us. If there is a breach of any provision of this Agreement, it shall not be considered as a waiver of any subsequent breach of the same or any other provision.