ONLINE CASINO & SPORTSBOOK AFFILIATE AGREEMENT

Last Updated: August 18th, 2026

The following terms and conditions (the “Agreement”) are those governing the Rush Affiliates’ Program (the “Affiliate Program”) that permit you (“You” or the “Affiliate”) to become a marketing affiliate of Rush Street Interactive and its related companies (“RSI”) and to market and promote RSI Websites (as defined below).

Before agreeing to participate in the Affiliate Program, you should carefully read these terms and conditions in their entirety. By completing an Affiliate Sign-Up Form, you are expressly agreeing to this Agreement. You will also be required to indicate your acceptance of this Agreement on the Rush-Affiliates.com Registration Page.

RSI’s Affiliate Website (as defined below) and the Affiliate Program are operated by certain Related Companies of RSI, each of which is set forth on Schedule 1 attached hereto (collectively referred to as the “Operator”), which may be updated by RSI from time to time.

By completing and submitting the application found on Rush-Affiliates.com, the Affiliate is expressly agreeing to be bound by all the terms and conditions set out in this Agreement.

If You have already joined the Affiliate Program and You do not agree to this Agreement, including any updates or modifications thereto, or otherwise wish to remove yourself from the Affiliates Program, You must email the Rush Affiliates team at [email protected] notify the Operator of your request to terminate Your enrollment in the Affiliate Program and this Agreement. If You have any questions regarding these terms and conditions, please contact the Rush Affiliates team at the same email address above.

1.Definitions and Interpretation

1.1.In the Agreement:

“Affiliate” means an individual, business or entity that has (i) completed an Affiliate Sign-Up Form and (ii) been accepted by Operator to participate in the Affiliate Program.

“Affiliate’s Reward Plan” means the specific conditions applicable to Affiliate with respect to the CPA and Payment Plan that are set by the Affiliate’s account manager as set out on the Affiliate’s Sign-Up Form to join the Affiliate Program or otherwise agreed in writing with the Operator and are considered an addendum to this Agreement.

“Affiliate Sign-Up Form” mean the form prepared by Operator, which represents Affiliate’s application to participate in the Affiliate Program.

“Affiliate Tracking Platform” means the third-party platform designated by the Operator from time to time for administration, tracking, reporting and payment processing of the Affiliate Program, including Income Access and any successor or replacement platform.

“Affiliate’s Website” means the site or sites owned or operated by the Affiliate (including by Affiliate’s affiliated companies and subcontractors), or any associated mobile platforms or applications.

“App” means the Operator’s mobile application or widget on any platform.

"Confidential Information" means all information not publicly known and which is used in, or which otherwise relates to RSI or any Related Company’s business, customers or financial or other affairs, including without limitation, information relating to:

(a) the marketing of products or services (including, without limitation, customer names and lists and other details of customers, financial information, sales targets, sales statistics, market share statistics, prices, market research reports and surveys, and advertising or other promotional materials);

(b) the Affiliate Program and future programs, business development or planning, commercial relationships and negotiations existing in whatever form; and(c) Intellectual Property Rights, operations, product information and/or market opportunities.

“Consumer Protection Rules” means the legislative, statutory and regulatory requirements and guidelines applicable to the conduct of arrangements with Qualifying Customers and potential Qualifying Customers, including without limitation, the Guides Concerning the Use of Endorsements and Testimonials in Advertising published by the United States Federal Trade Commission.

“CPA” means Cost Per Acquisition.

“CPA Payment” is the one-time payment for every Qualifying Customer payable to the Affiliate as set forth in Affiliate’s Reward Plan.

“Data Protection Laws” means all applicable data protection, security, privacy, and electronic marketing legislation, statutes, rules and regulations, including Consumer Protection Rules, of any country, state, territory, province or other jurisdiction which has authority over any or all Parties to this Agreement or, as applicable, the Qualifying Customer.

“Database” means any storage medium belonging to the Operator or another RSI entity which contains, holds, stores or processes data which is owned or controlled by the Operator or another RSI entity, or is licensed to or under the control of the Operator or another RSI entity, including without limitation, any such medium relating to Qualifying Customers and other users of the Websites.

“Deposits” are the funds transferred by a Qualifying Customer to his or her account at the relevant RSI Website.

“Excluded Customer” means (i) those individuals who have been put on a “disassociated persons,” “prohibited persons,” “excluded,” “self-excluded” or similar list applicable to the relevant Gaming Jurisdiction or have elected to exclude themselves from engaging in gaming activities at any or all of the Operator’s locations, including betting kiosks and mobile wagering, or through the RSI Websites; and (ii) the officers, directors, employees, consultants, and agents of the Affiliate, the Operator, the Related Company or the Operator's affiliates, suppliers, vendors or white label partners.

“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, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, pandemics and wars).

“Fraud Traffic” means CPA Payments, traffic, player signups and/or player deposits generated at RSI’s Website through illegal or unethical means, in bad faith, or with the intent to defraud the RSI Website and/or Affiliate Program, regardless of whether or not such CPA Payments or Fraud Traffic actually results in damages, liability, or any other harm to RSI. Fraud Traffic includes but is not limited to Spam, false advertising, direct or indirect abuse of bonuses or other promotions or encouragement of the same, unauthorized use of any third-party copyrights or trademarks, proxy accounts or proxy betting, accounts created using an identity that is false, stolen or not belonging to the individual creating the account, or any other activities prohibited under Section 6.6.

“Gaming Jurisdiction" means each jurisdiction in which the RSI Websites set forth in Schedule 1 hereto are made available, which Schedule 1 may be updated from time to time by RSI.

“Gaming Authority" means any international, federal, provincial, state, local, tribal, foreign and other governmental, regulatory and administrative authorities, agencies, commissions, boards, bodies and officials responsible for or involved in the regulation of gaming or gaming activities or the ownership of an interest in any person or entity that conducts gaming activities in any jurisdiction, including the Gaming Jurisdictions.

“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 including without limitation copyrights and related rights, moral rights, database rights, , trade secrets, know-how, business names, trade names, domain names, trademarks, service marks, passing off rights, unfair competition rights, patents, and rights in designs.

“Licensed Marks” means the trademarks, service marks, trade names, logos, brand names, domain names, and ither branding elements that are owned by or licensed to RSI or its Related Entities, including without limitation, “SugarHouse”, “SugarHouse Online Casino & Sportsbook”, “Play SugarHouse”, “BetRivers”, “Rush Games”, “Rush Street Interactive”, “Rush Street”, “RushBet” and “Rush Street Gaming” (alone or in combination with other words or elements), and any associated designs, insignia, or visual identifiers, in each case forming part of the Intellectual Property Rights.

“Link(s)” means the unique tracking hyperlinks (whether embedded in text, images or other formats) provided or approved by RSI that enable users to navigate from the Affiliate’s Website to RSI’s Website and allow RSI to attribute activity and calculate CPA Payments.

"Prohibited Materials" means content, works or other materials that RSI determines, in its sole discretion, constitute: (a) indecent, obscene, pornographic or lewd material; (b) material that breaches any applicable laws, regulations or legally binding codes; (c) material that infringes any third-party intellectual property rights or other rights; (d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user; (e) computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software; and/or (f) Spam or bulk unsolicited email.

“Promotion Materials” means banners, advertisements, creative assets and any other marketing materials (excluding Links) which RSI provides or approves for use by the Affiliate to promote RSI’s Website.

“Qualifying Customer” means a natural person who:

(i)visits, via the Affiliate’s Tracker(s) and/or Links, and registers for a new real-money betting and gaming account with the Operator on an RSI Website in a Gaming Jurisdiction that the Affiliate holds the Required Gaming Approvals;

(ii)has not previously opened an account with the Operator for any other RSI Website;

(iii)completes the registration process for a new user account for the relevant RSI Website, including agreeing to all end-user agreements then required by the Operator, and has had his or her account registration details adequately validated and approved by the Operator, including without limitation that the individual is confirmed to be of legal betting age in the applicable Gaming Jurisdiction (“Account Creation”);

(iv)makes cumulative deposits of at least $25 (excluding any deposit match, free bet, bonus amounts or other promotions) into such account;

(v)places wagers totaling at least $1 in real money (excluding any free bets, wagers using bonus amounts or other promotional amounts);

(vi)completes the requirements set out in subsections (iv) and (v) within ninety (90) days of Account Creation;

(vii)is not an Excluded Customer; and

(viii)complies with all Relevant Law.

“Related Company(ies)” means any legal entity directly or indirectly controlling, controlled by, or under common control with, RSI. For purposes of this definition, “control” means the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting securities of a person, the right to receive more than fifty percent (50%) of the profits or earnings of a person, or the right to control the policy decisions of a person.

“Relevant Law” means all laws, rules, statutes, regulations, legal/advisory opinions, settlement agreements, and any formal government interpretations of any of the foregoing, along with all then-current and applicable industry codes, policies, best practices, guidelines and regulations applicable or relevant to products, services and materials in, related to or otherwise generally associated with any relevant products, services, and materials, including, without limitation, the advertising thereof (or any relevant practices, policies or activities), and including, without limitation, gaming, anti-corruption, anti-money laundering, Data Protection Laws, and Consumer Protection Rules.

“RSI Website(s)” means the online sportsbook and/or online casino accessible via the URLs set forth in Schedule 1 hereto, which Schedule 1 can be updated from time to time by Operator, and all of their related pages, and “RSI Website” or “App” shall mean any and all of them.

"Spam" means emails and messages that meet any one or more of the following criteria: (i) unsolicited mailing, usually sent to a large number of addressees; (ii) contains false or misleading statements; (iii) does not truthfully identify the source or the originating IP Address and / or the originating email address; (iv) does not contain an online and real time remove or unsubscribe option, (v) bundles certain software with other software, or (vi) inserts icons or causes software download or installation or similar action without the consent of the addressee; and “Spamming” shall be construed accordingly.

“Tracker” means a unique tracking URL or promo code that the Operator shall provide exclusively to the Affiliate for the term of this Agreement, through which the Operator shall track Qualifying Customers and calculate an Affiliate’s Reward Plan or CPA Payment, as applicable.

2.Application and Agreement

2.1.To participate in the Affiliate Program, you must click on the “Sign Up” button on this website. You will then be redirected to partners.rush-affiliates.com (a site operated on our behalf by Income Access, or such other platform provider), where you must accurately and fully complete and submit an Affiliate Sign-Up Form. The Affiliate Sign-Up Form constitutes an integral part of this Agreement and is incorporated herein by reference. Your participation in the Affiliate Program will commence (the “Commencement Date”) upon RSI’s approval, in its sole discretion, of You as an Affiliate based on the information contained in your Affiliate Sign-Up Form and any other information about You available to RSI.

2.2.You warrant that the information in your Affiliate Sign-Up Form, as completed by You, is accurate and complete, and You agree to promptly notify RSI if any update to such information is needed for any reason. The Affiliate is responsible for maintaining accurate and up-to-date information, including email addresses and other relevant details, within the Affiliate Tracking Platform. Such contact information may be used by the Operator to communicate and implement account updates, including but not limited to changes to CPA rates, the addition or modification of commission caps (if applicable), and similar program adjustments. The Operator shall be entitled to rely on contact information maintained in the Affiliate Tracking Platform for these purposes, and shall not be responsible for any failure by an Affiliate to receive communications or updates resulting from inaccurate or outdated information.

2.3.Appointment as an Affiliate under the Affiliate Program will occur only once the Operator has received and approved Your completed Affiliate Sign-Up Form to become an Affiliate. Upon such approval (which will be at the Operator’s sole discretion, and which will be notified to the Affiliate by e-mail), this Agreement will become binding on the Parties.

2.4.Modification: Operator may modify any of the terms of this Agreement, the Affiliates Program, Affiliate’s Rewards Plan and/or the Payment Plan at any time, in its sole discretion, by either (i) emailing You a change notice or (ii) by posting the new version of the document on this website. Except in the case of modifications relating to fraud prevention, where there is a mistake in the Agreement, or as required to comply with applicable law, all of which shall be effective on the date of posting or the sending of such notice (whichever is earlier), all modifications to the Agreement will only take effect fourteen (14) days after the date of posting or sending of any such notice (whichever is earlier). It is your responsibility to visit this website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our Affiliate Program following our emailing You a change notice or posting the new agreement on this website will constitute binding acceptance of the modification or of the new agreement.

2.5.Verification: We may conduct due diligence and identity verification using public sources and data, and request information and/or documentation from You. You agree to promptly provide all information and/or documentation we reasonably request for such purposes. You agree that we may use this information and/or documentation to satisfy our due diligence and identity verification requirements and that You will promptly provide us with updated information and documentation should it change, or upon our reasonable request. If we do not receive all reasonably requested information and/or documentation, or we are unable to satisfy our due diligence requirements or identity verification checks, we may suspend or terminate the Agreement immediately and without any liability to You, including for any payment or remuneration accrued or due to You under this Agreement.

2.6.Sub-Affiliates: The Affiliate shall not appoint, authorize, or permit any sub-affiliate, agency, or other third party to market or promote the RSI Websites under this Agreement (each, a “Sub-Affiliate”) without the Operator’s prior written approval, which may be granted or withheld in the Operator’s sole discretion. The Affiliate shall remain fully responsible and liable for all acts, omissions, marketing activities, and conduct of any approved Sub-Affiliate, including any breach of this Agreement or applicable Relevant Law by such Sub-Affiliate. The Affiliate shall ensure that each approved Sub-Affiliate complies at all times with all applicable terms of this Agreement, including without limitation all brand guidelines, responsible gambling requirements, fraud prevention requirements, marketing restrictions, and all other policies, rules, and instructions issued by the Operator from time to time. Any act or omission of a Sub-Affiliate shall be deemed an act or omission of the Affiliate for purposes of this Agreement.

3.License to Use the Licensed Marks

3.1.In consideration of Affiliate making use of the Links and Promotion Materials on Affiliate’s Website and otherwise actively promoting RSI’s Website, Operator grants Affiliate a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to reproduce electronically and publish the Promotion Materials and Links on Affiliate’s Website during the Term solely in accordance with the Agreement and solely for the purpose of promoting RSI’s Website (the “License”).

3.2.The License cannot be sub-licensed, assigned, sold or otherwise transferred by the Affiliate without the Operator’s prior written approval. The Affiliate’s right to use the Promotion Materials and Links is limited to and arises only out of the License. The Operator has the right to terminate the License at any time by providing written or electronic notification to the Affiliate. The License will be terminated automatically upon the termination of this Agreement for any reason.

3.3.All other rights and licenses not expressly granted under the Agreement are reserved to Operator.

3.4.It is a material condition of this Agreement that Affiliate will not do any of the following:

3.4.1.Display the Promotion Materials or the Links via any electronically accessible medium other than Affiliate’s Website without the prior written consent of Operator;

3.4.2.Frame RSI Websites or alter the Links to enable a different or deeper link to RSI Websites, without the prior written consent of Operator; and/or

3.4.3.Use Promotion Materials or Links in a way which proves or is likely to prove detrimental to Operator, which Operator will determine in its sole discretion.

4.Intellectual Property Rights

4.1.As between the parties, Operator owns all Intellectual Property Rights in the Promotion Materials, Links, Licensed Marks, RSI Websites, and all brands, logos, domain names and marks associated with all of the foregoing.

4.2.Affiliate shall not:

4.2.1.assert the invalidity or unenforceability, or otherwise contest the ownership of the Licensed Marks, in any action or proceeding of whatever nature, and shall not take any action that may prejudice the Operator or a Related Company and the Licensed Marks or the Intellectual Property Rights, the Affiliate Program or any of the RSI Websites and agrees not to do any act or omission which may invalidate or weaken the validity of the Licensed Marks or the Intellectual Property or diminish the Intellectual Property Rights or the Licensed Marks’ associated goodwill.

4.2.2.register or attempt to register any logo, trademark, trade name, insignia, design, domain name or similar identifying material that contain the Intellectual Property Rights or are confusingly similar to or are comprised of any of the Licensed Marks or Intellectual Property Rights.

4.2.3.register or attempt to register and/or open domain names or social media pages or accounts (on any platform) which comprise and/or are similar or confusingly similar to the Intellectual Property Rights or RSI Websites including the Operator’s/Related Companies’ names, or any other associated brands or companies, including, for the avoidance of doubt, any misspellings of the domain names of any of the RSI Websites (commonly known as ‘typo-squatting’), or any phonetic spellings or homophones of any of the RSI Websites.

4.2.4.place, purchase or register ‘pre-click’ bids, keywords, search terms or any other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, are similar or otherwise resemble any of the Intellectual Property including without limitation the Licensed Marks. This includes, and is not limited to, any words containing, or derived from, the names of the Websites or the brands used on them, and any typo errors or phonetics of them.

4.2.5.Imitate or reproduce the look-and-feel of RSI’s Websites.

4.2.6.Alter, modify or change the Promotion Materials in any way whatsoever, save as approved in writing by the Operator in its sole discretion.

4.2.7.Use the Promotion Materials for any other purposes other than promoting RSI’s Websites in accordance with this Agreement.

4.3.Operator does not warrant that use of the Links or Promotion Materials by Affiliate will not infringe any third party intellectual property rights or give rise to any other liability on Affiliate.

4.4.The Affiliate shall immediately cease to use all Intellectual Property Rights including without limitation the Licensed Marks upon being notified to do so by the Operator (either by electronic or written notification) or on any termination or expiration of this Agreement.

5.Affiliate Program

5.1. Once approved to be an Affiliate under the Affiliate Program, the Operator grants the Affiliate a nonexclusive, non-transferable, revocable right to direct potential Qualifying Customers to the RSI Websites, in accordance with this Agreement.

5.2.This Agreement does not grant the Affiliate an exclusive right to direct potential Qualifying Customers to the RSI Websites or any other exclusive right in connection with the RSI Websites or with the Affiliate Program. Except for the payment of the CPA Payment, the Affiliate will not have any rights with respect to any Qualifying Customers.

5.3.Once approved to be an Affiliate under the Affiliate Program, the Affiliate will be granted access to an affiliate control panel via the Affiliate Tracking Platform, by Operator during the term, through which Affiliate will be able to:

5.3.1.Alter Affiliate’s account preferences;

5.3.2.Update Affiliate’s account information;

5.3.3.Access Promotion Materials and HTML code to use as Links; and

5.3.4.View Affiliate’s account activity and statistics.

5.4.Commercial Use: The marketing opportunity presented in the Affiliate Program is for commercial use only, and the Affiliate, its family members, friends or associates may not make Deposits, directly or indirectly, through any of its Trackers for its or its own personal use or to increase the amounts payable to it under this Agreement by any act which involves Fraud Traffic.

5.5.Customer’s Data: The Affiliate acknowledges and agrees that all data relating to the Qualifying Customers shall be and remain the Operator’s exclusive property. The Affiliate acknowledges and agrees that the Operator is the sole and exclusive owner of its Database, and that the Affiliate shall not make any direct or indirect use of such Database, nor obtain or retain a copy in any form or manner whatsoever of the Database, or market any goods or services to any Qualifying Customer or other user whose details appear in the Database (including the transfer of such details to any third party), unless that Qualifying Customer’s or other user’s information is in the Affiliate’s possession or known by it prior to the execution of this Agreement.

5.6.By joining the Affiliate Program the Affiliate agrees:

5.6.1.It has completed and filed with each Gaming Authority in the Gaming Jurisdictions, at its sole expense, all required forms and documents required to market and promote the RSI Websites in such Gaming Jurisdiction as contemplated herein and to be entitled to the benefits under this Agreement in such Gaming Jurisdiction (the “Required Gaming Approvals”) and no Gaming Authority has denied Affiliate’s request for any such Required Gaming Approvals; provided, however, if the Operator adds a new Gaming Jurisdiction to Schedule 1 hereto after joining the Affiliate Program, then, upon such Gaming Jurisdiction and RSI Websites applicable thereto being agreed to in a written addendum (with email being sufficient) to Affiliate’s Reward Plan executed by both Parties hereto (i) Affiliate agrees to obtain and maintain the Required Gaming Approvals in such Gaming Jurisdiction and (ii) Affiliate will be entitled pursuant to this Agreement to earn a CPA Payment with respect thereto;

5.6.2.The Operator shall have no obligation to make the CPA Payment for any Qualifying Customer unless (a) such Gaming Jurisdiction is listed on the Affiliate’s Reward Plan, and (b) Affiliate holds the Required Gaming Approvals in the Gaming Jurisdiction applicable to the RSI Website in which such Qualifying Customer makes the wagers that meet the requirements to receive the CPA Payment;

5.6.3.To comply with Relevant Law; and

5.6.4.To provide such information to the Operator as it may reasonably require in order to enable it to comply with its information reporting and other obligations to any applicable Gaming Jurisdiction or Gaming Authority.

6.Affiliate Rights and Obligations

6.1.By joining the Affiliate Program, the Affiliate agrees that it shall use commercially reasonable efforts to market, promote and refer potential Qualifying Customers to the RSI Websites, by creating or using an Operator provided link and maintaining a unique link and/or promo code (i.e., the Tracker) from its website and mobile applications to the RSI Websites and by disseminating Promotion Material received from the Operator.

6.2.The Affiliate will be solely liable for the content and manner of its marketing and promotional activities and shall also ensure that all key qualifying criteria relating to any promotions are displayed in a clear and transparent manner. All such activities must be conducted at all times in a professional and lawful manner and compliant with the Consumer Protection Rules and all other Relevant Law (including without limitation relevant advertising codes of practice) within the jurisdiction the Affiliate is operating from and also the various jurisdictions of the Qualifying Customers or potential Qualifying Customers.

6.3.The Affiliate shall ensure  that all marketing, advertising and promotions targeted at potential Qualifying Customers in each Gaming Jurisdiction incorporate all responsible gambling disclosures, messages, and language as required by applicable Relevant Law, Gaming Authorities, and industry standards in such Gaming Jurisdiction and any guidelines, instructions, or disclosure requirements provided by the Operator, in each case as may be amended from time to time. The Affiliate is solely responsible for ensuring that its marketing and promotional activities comply with all applicable responsible gambling requirements in each Gaming Jurisdiction.

6.4.The Affiliate will promote the RSI Website solely by way of marketing approved by Operator and in accordance with terms of this Agreement and the Operator’s trademark usage guidelines as may be updated from time to time, and will not alter the appearance, design and content of the Operator’s approved Links and Promotion Materials unless it obtains the Operator's prior written authorization. Any customized Promotion Materials approved or provided by the Operator to Affiliate for the purpose of promoting and advertising RSI Websites will be at the Affiliate’s cost and shall be deducted from Affiliate’s payments.

6.5.The Affiliate agrees and acknowledges that the appearance and content of the Operator’s Links and Promotion Materials constitute the only authorized and permitted representation of the RSI Websites. The Affiliate agrees and acknowledges that the nature and quality of the activities conducted pursuant to this Agreement will conform to quality standards set by Operator for use of the Licensed Marks and/or Intellectual Property Rights.

6.6.Fraud Traffic: The following activities shall be included in the definition of “Fraud Traffic” as used throughout this Agreement. The Operator retains any and all rights of termination, suspension of payment, or other terms herein, in the event that Affiliate undertakes, or the Operator reasonably believes the Affiliate has undertaken, any of the following actions or activities:

6.6.1.Take any action in connection with the Affiliate Program which might reasonably be expected to lead to the possibility of damage to the reputation or goodwill of the Operator, RSI, any Related Company and/or RSI’s Website;

6.6.2.Include any Prohibited Materials on Affiliate’s Website, or include any hyperlink to any Prohibited Materials on Affiliate’s Website;

6.6.3.market Affiliate’s Website using Spam or other unsolicited emails or communications, or using any form of spyware, parasiteware, adware or similar software, or using any other antisocial or deceptive methods. If Operator becomes aware or reasonably believes that Affiliate is using any form of Spam or other unsolicited emails or communications, Operator shall be entitled to close Affiliate’s account and withhold CPA Payment (or any portion of it). Affiliate must pay Operator immediately and on demand any costs or expenses that the Operator incurs in dealing with Spam or other unsolicited emails or communications which Operator reasonably believes emanates from or on behalf of Affiliate, and any such reimbursement to Operator of such costs or expenses shall be in addition to and not in lieu of any and all remedies available to the Operator pursuant to Affiliate’s actions defined in this section 6.6.3;

6.6.4.including metatag keywords on Affiliate’s Website that incorporate terms which are identical or similar to marks owned by the Operator, or any Related Company, without the Operator’s prior written consent, and will at all times comply with such reasonable guidelines for the use of such marks as may be issued from time to time;

6.6.5.engage in any sharp practice including but not limited to “black hat Search Engine Optimization”, site spoofing, and any additional sharp practices and techniques that Operator may deem unacceptable at its sole discretion, including, but not limited to, any sharp practices and techniques that Operator may communicate to Affiliate from time to time. Upon Operator’s request, Affiliate must cease all such sharp practices and techniques with immediate effect;

6.6.6.increase or seek to increase the CPA Payment via Fraud Traffic;

6.6.7.make any public disclosure relating to Operator, RSI, its Related Companies and/or the Agreement (including press releases, public announcements and marketing materials) without the prior written consent of Operator;

6.6.8.hold itself out to be the Operator, RSI, a Related Company, RSI’s Website, or RSI’s agent or partner; and

6.6.9. use or otherwise take advantage of the Intellectual Property Rights of RSI or a Related Company in any way other than explicitly provided for in this Agreement and in accordance with Sections 3 and 4.

6.6.10.In the event that the Affiliate is found to be in breach of the above, the Operator reserves the right to suspend the Affiliate’s account and will hold payment of all monies due to the Affiliate until it is satisfied that the matter is resolved and that the Affiliate is no longer in breach of any of the above. If the Operator cannot satisfy itself within a reasonable time that the matter has been resolved, it reserves the right to treat all payments or amounts due to the Affiliate as forfeited and to provide notice of immediate termination to the Affiliate.

6.7.Affiliate additionally represents, warrants and covenants that:

6.7.1.Affiliate has full capacity and authority and all necessary licenses, permits and consents to enter into this Agreement and any other documents executed by Affiliate that may be associated with this Agreement;

6.7.2.Affiliate’s Websites, or any part thereof, is not aimed at people under the legal age of betting in the Gaming Jurisdiction;

6.7.3.Affiliate has not received any letter, complaint or other notice from any government agencies anywhere in the world, that such agency has initiated any legal actions against Affiliate. Affiliate will notify the Operator of receipt of any such letter, complaint or notification after the Commencement Date within 30 days of such receipt;

6.7.4.The Agreement has been duly and validly executed by Affiliate and represents a legally binding obligation, enforceable against Affiliate in accordance with its terms;

6.7.5.Affiliate will perform its obligations under the Agreement in accordance with Good Industry Practice;

6.7.6.All owners and employees of Affiliate are adults of at least the legal age of betting in the Gaming Jurisdiction; and

6.7.7.Throughout the Term, Affiliate will not engage in direct-to-consumer marketing, direct-to-consumer promotion, or player referral services under contract, in exchange for commissions, or for any other form of compensation (including, without limitation, promotional activities similar to the Affiliate Program) that relate to online gaming sites that facilitate or accept wagers from potential Qualifying Customers in a Gaming Jurisdiction without the registrations, licenses, certificates, and/or other authorizations issued by all applicable Gaming Authorities that are required by applicable law.

6.8.Customer Data: Affiliate acknowledges and hereby agrees that (1) Qualifying Customers and potential Qualifying Customer and all information relating to them will at all times remain the sole property of the Operator and (2) except for the limited information provided by Operator in payment reports at Operator’s sole discretion, Affiliate will not be entitled to receive any information relating to Qualifying Customers or potential Qualifying Customers. Affiliate will not during the term of this Agreement and after its expiration or termination assert any proprietary or other rights over any information relating to Qualifying Customers. To the extent Affiliate has access to any information regarding Qualifying Customer and potential Qualifying Customers, Affiliate shall use such information only for the purposes of fulfilling its obligations under this Agreement.

6.9.The Operator reserves the right to monitor Affiliate’s Website to ensure the Affiliate is complying with this Agreement and Affiliate will promptly provide Operator with all data and information Operator reasonably deems necessary for it to monitor Affiliate’s Website at no cost to the Operator.

7.Payment Terms

The Operator will make payments to the Affiliate in accordance with this Agreement and the payment mechanism detailed below (the “Payment Plan”). Specific conditions which apply to the Affiliate, including the CPA Payment amount, are set forth in the Affiliate’s Reward Plan, which is incorporated herein by reference and forms a part of this Agreement. To the extent of any inconsistency between the Affiliate’s Reward Plan and the Payment Plan terms herein, the Affiliate’s Reward Plan shall control:

7.1.Payment Plan.

7.1.1.In any event of a Charge Back, Credit or suspected underage gambler (proven or not verified to be of the legal age of betting in the applicable Gaming Jurisdiction), such Qualifying Customer will not be considered for the purpose of the Payment Plan for a CPA, and any CPA Payment made to the Affiliate in respect of such Qualifying Customer shall be deducted from future payments to the Affiliate.

7.1.2.A CPA Payment, as agreed upon by the Parties in writing (email confirmation will suffice), will be due and payable to the Affiliate in respect of a Qualifying Customer only upon: (a) the first Account Creation of such Qualifying Customer on one of the RSI Websites; (b) minimum cumulative Deposit of $25; (c) places wagers totaling at least $1 in real money (excluding any free bets, wagers using bonus amounts or other promotional amounts); and (d) completes the requirements set out in (b)) and (c) within ninety (90) days of Account Creation.  Except as expressly provided below, (i) any subsequent activities of such Qualifying Customer on that or other RSI Websites, including playing different games on that or other RSI Websites, will not entitle the Affiliate to any payment in respect of such activities, and (ii) a CPA Payment will be paid to the Affiliate only once for each Qualifying Customer, regardless of the number of RSI Websites and/or number or type of games played by that Qualifying Customer. 

7.1.3.Affiliate understands and agrees that Affiliate shall receive no share of any revenue received by Operator, and nothing herein shall be construed as conferring a right to Affiliate to share in any revenues with Operator.

7.2.Plan Changes. The Operator has the right, in its sole discretion, to amend, change or terminate any Payment Plan at any time. NOTE: Any change to the type of your Payment Plan will generally take effect on the first day of the immediately subsequent calendar month, and all payments accruing prior to the date of such change will be calculated in accordance with your prior Payment Plan. For the avoidance of doubt, once a Plan Change take effect, it applies to all of Affiliates Qualifying Customers, regardless of whether they become a Qualifying Customer prior to, on or after the effective date of the Plan Change.

7.3.Reports. The Operator will send the reports to Affiliates or provide the Affiliate with remote online access to reports regarding Qualifying Customer activity and the reward generated (if applicable). In addition, daily reports will be available online for you to view new Qualifying Customer activity per your unique Tracker. The form, content and frequency of the reports will be subject to change at the Operator’s discretion. The Operator will not be liable for the completeness or accuracy of any reports.

7.4.Payment Procedure.

7.4.1.At the start of every calendar month, the Operator will make available to the Affiliate in his or her affiliate control panel a statement showing any balance due to the Affiliate (if any) in respect of the previous calendar month. Such statement of account will be deemed to have been accepted and agreed by the Affiliate if the Operator does not receive any comments as to the accuracy of the statement within two weeks of the date of such statement. If You disagree with the monthly reports or amount payable, DO NOT accept payment for such amount and immediately send Operator written notice of your dispute. Further, deposit of a CPA Payment check, acceptance of a CPA Payment transfer or acceptance of other CPA Payment from Operator by You will be deemed full and final settlement of CPA Payment due for the month indicated. Notwithstanding the foregoing, if any overpayment is made to You, You shall notify Operator promptly of the overpayment, and Operator reserves the right to correct such calculation at any time and to reclaim from You any overpayment made (including through setting off any future payments owed to You). After the Affiliate has accepted the statement of account, the Affiliate shall invoice Operator for the balance due. Operator shall then have thirty (30) calendar days to remit payment to Affiliate by way of the Affiliate’s chosen payment method (where available). Operator may, in its sole discretion, impose reasonable restrictions on the frequency and amounts of CPA Payments for administrative convenience and/or to protect the security of your CPA Payment account details. Operator may, in its sole discretion, impose a policy that no CPA Payment will be made for a month if less than $100.00. If these minimum amounts are not reached in a particular calendar month, the Operator will be entitled to withhold payment and carry the amount due to the Affiliate to the next calendar month and so on, until the minimum amounts are reached. Where the Affiliate has requested to be paid by wire transfer or any other payment method subject to a charge or fee, the Operator shall deduct any and all fees and charges from the balance due to the Affiliate. All payments will be due and paid in U.S. Dollars or in any other currency at the Operator’s discretion.

7.4.1.1.Time is of the essence regarding the submission of invoices by Affiliate. Affiliate must submit all invoices for any amounts due under this Agreement within thirty (30) days of acceptance of the statement of account. Failure to submit an invoice within this timeframe shall be deemed an irrevocable waiver by Affiliate of its right to payment for such amounts due, and RSI shall have no obligation to pay any fees associated with a late invoice.

7.4.2.Taxation. All taxes due in connection with any payments to You, including without limitation all applicable VAT, 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 the Agreement and for collecting and paying the income tax and social security contributions in respect of your employees, if You have any employees. Notwithstanding the foregoing, Operator will be entitled to withhold or set-off any such amounts from the payments made to the Affiliate, and shall inform you of the specific payments made to government and gaming authorities with respect thereto.

7.4.3.Any Chargeback or Credit to a Qualifying Customer will disqualify such Qualifying Customer and the Affiliate will not be entitled to any payment with respect to such Qualifying Customer.

7.4.4.Holdover for Fraud. In the event that the Operator, in its sole discretion, suspects any Fraud Traffic, then it may delay Payments to you for up to sixty (60) days after receipt of your properly prepared invoice, while it investigates and verifies the relevant transactions. The Operator is not obligated to make CPA Payments in respect of any Qualifying Customer who Operator determines, in its sole discretion, are not verifiably who they claim to be or are otherwise associated with Fraud Traffic. In the event that Operator determines any activity constitutes Fraud Traffic, or to otherwise be in contravention of the Agreement, then Operator may, in its sole discretion, recalculate or cancel any CPA Payments associated with Fraud Traffic. RSI retains all rights defined in this Agreement pursuant to actual or suspected Fraud Traffic, including termination, and such rights are not altered, superseded, or compromised by RSI’s payment of any invoice or part thereof that may be subject to investigation, reciliation or cancelation of any CPA Payment pursuant to this Section 7.4.4.

7.4.5.Method of Payment. All payments to you will be due and payable in USD. CPA Payment will be made by check, wire, ACH, Skrill or any other method as Operator in its sole discretion decides; however, Operator will make commercially reasonable efforts to accommodate your preferred payment method. Charges for wires or courier charges for checks will be covered by you and deducted from your CPA Payments. For the avoidance of doubt, Operator has no liability to pay any currency conversion charges, or any charges associated with the transfer of monies to you.

7.4.6.Player Tracking. You understand and agree that potential Qualifying Customers must link through to RSI’s Website using your Tracker or your sign-up bonus code in order for you to receive CPA Payments. In no event is Operator liable for your failure to use your Tracker or for potential Qualifying Customers' failure to properly enter valid sign-up bonus codes. Notwithstanding any other provision herein, Operator may at any time and in its sole discretion alter its performance tracking mechanism and reporting format.

7.4.7.Money Laundering. You shall comply with all applicable laws and any policy notified by Operator through this website or otherwise in relation to money laundering and/or the proceeds of crime.

8.Term and Termination; Consequences of Termination and Inactive Account

8.1.Term and Termination

The term of this Agreement will come into force when the Affiliate’s application to join the Affiliate Program is approved by the Operator and will continue unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party.

For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. With or without prejudice to the other terms of this Agreement, we reserve the right to terminate this Agreement, and to void or withhold any CPA Payment amounts payable to you if we have reasonable cause to believe you have breached any terms of this Agreement.

8.2.Consequences of Termination

Upon expiration or termination of this Agreement, for any reason:

8.2.1.All licenses granted by the Operator to Affiliate pursuant to this Agreement will terminate immediately;

8.2.2.The Affiliate must remove all of the Operator’s Promotion Materials and disable all Links from the Affiliates Websites to the RSI Websites and stop any activity relating to this Agreement;

8.2.3.The Affiliate shall immediately deliver to the Operator or irretrievably destroy all Promotional Materials and Customized Material, Confidential Information, and all other documents and materials owned by RSI which may be in the possession or control of Affiliate, and Affiliate shall not without the written consent of RSI retain any copies of such items;

8.2.4.Any continued or new access and use by Qualifying Customers of any of the RSI Websites following the termination of this Agreement (if any) shall not constitute continuation or renewal of this Agreement or a waiver of its termination. For the avoidance of doubt, no additional payments will be due from the Operator to the Affiliate in relation to the same; and

8.2.5.Affiliate shall immediately comply with all of its outstanding obligations in connection with this Agreement and shall do all such acts and shall execute all such documents as RSI may require to give effect to the terms of this Agreement.

For the avoidance of doubt, we shall have no liability to pay you any future CPA Payments or other payments after the termination date.

8.3.Inactive Accounts

Any account unused for withdrawals or otherwise inactive, for a period of at least six (6) consecutive months will be deemed an “Inactive Account”. The Operator 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 (“Inactive Account Notice”). The Operator shall be entitled to retain fifty (50) percent of the total balance remaining on the Inactive Account (“Inactive Account Fee”) after 14 days have elapsed from the date of the Inactive Account Notice. Should the Affiliate subsequently fail to withdraw the remaining balance from the account, the Operator shall be entitled to retain the remainder of the balance on the account without further notice to the Affiliate upon expiration of 45 days from the date of the Inactive Account Notice.

9.Indemnity

9.1.Affiliate will indemnify, keep indemnified, defend and hold harmless the Operator, RSI, the Related Companies, and their respective officers, directors, members, managers, employees, representatives, agents and subcontractors, against all damages, losses, fines and penalties (including, but not limited to, those from any Gaming Authority), demands, claims, proceedings, costs and expenses, including but not limited to, reasonable legal costs and expenses, suffered or incurred, directly or indirectly, by any of them arising as a result of any breach or alleged breach by Affiliate of any term of the Agreement.

9.2.This Section 9 shall remain in full force and survive expiration or termination of the Agreement for whatever reason.

10.Limitation of Liability

10.1.Subject always to Section 10.2, Operator will not be liable to Affiliate for any:

a)Loss (whether direct or indirect) of profits, income, revenue, use, production or anticipated savings;

b)Loss (whether direct or indirect) of business, contracts, or commercial opportunities;

c)Loss of or damage to goodwill or reputation (whether direct or indirect);

d)Loss of or corruption of any data, database, or software;

e)Losses (whether direct or indirect) arising out of a Force Majeure Event;

f)Punitive or exemplary damages of any kind; or

g)Special, incidental, indirect, or consequential losses or damages of any kind,

In each case, (i) howsoever arising, whether in contract, tort (including negligence and strict liability), breach of statutory duty, indemnity or otherwise; and (ii) regardless of whether Operator has been informed of the same, had other reasons to know, or knew of the possibility of any such damage arising.

10.2.Nothing in this Agreement will:

a)Limit or exclude the liability of a party for death or personal injury resulting from negligence;

b)Limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;

c)Limit any liability of a party in any way that is not permitted under applicable law; or

d)Exclude any liability of a party that may not be excluded under applicable law.

10.3.Subject always to always to Sections 10.1 and 10.2, Operator’s total liability arising out of, related to or otherwise in connection with this Agreement or any dispute arising hereunder, whether in contract, tort (including negligence and strict liability), breach of statutory duty, indemnity or otherwise shall not exceed the total payments paid or payable by Operator to Affiliate pursuant to this Agreement in the six (6) month period prior to the event giving rise to the liability.

10.4.The parties expressly acknowledge and agree that the provisions of this Section 10 are a material inducement for Operator to enter into this Agreement and Operator would not have entered into this Agreement on these terms without the inclusion of the provisions included in Section 10. The provisions of this Section 10 shall survive the expiration or termination of this Agreement for whatever reason.

11.Confidential Information

11.1.During the term of Affiliate’s appointment and at all times subsequently Affiliate shall, and shall ensure that its employees, agents and sub-contractors shall, (i) hold, keep and treat as secret and confidential, all Confidential Information of Operator, RSI and any Related Company acquired by RSI during the term of this Agreement; (ii) shall not, except with the written consent of Operator, disclose the same to any person, firm or company; and (iii) will use such Confidential Information solely in the performance of its duties and obligations under this Agreement and for no other purpose.

11.2.The obligations of confidentiality shall not apply to any information which is already known to Affiliate at the time of disclosure or which is lawfully acquired by Affiliate on its own initiative (other than in the course of performing its obligations under this Agreement) or which is or becomes published or is subsequently disclosed to Affiliate by a third party lawfully in possession of it and with the right to disclose the same or which Affiliate is obliged to disclose by law.

11.3.The obligations of Affiliate under this Section shall survive the expiration or termination of this Agreement for whatever reason.

12.Data Protection and Marketing

12.1.Without prejudice to any terms set out in this clause 12, the Affiliate agrees that it shall only send Promotional Materials to Qualifying Customers or potential Qualifying Customers with the Operator’s prior written consent and always in compliance with Relevant Law. For the avoidance of doubt, any consent provided by the Operator in relation to Promotional Materials excludes any consent to send Promotional Materials containing Operator offers to Excluded Customers provided Affiliate has been provided or can obtain from the Gaming Regulatory Authority a list of such Excluded Customers.

12.2.The Affiliate shall at all times comply with the Data Protection Laws including, without limitation, ensuring that Qualifying Customers' and potential Qualifying Customers’ personal data: (i) is collected fairly, lawfully and transparently; (ii) is processed in accordance the Data Protection Laws; (iii) is protected from loss, theft, accidental destruction or unauthorized access by implementing appropriate technical and organization measures in respect of such personal data, and (iv) any and all required opt-ins, opt-outs, notices and consents are obtained, properly given and respected.

12.3.The Affiliate shall notify the Operator immediately in the event that it breaches (or suspects that it has breached) any of the warranties in this Section 12.

12.4.The Affiliate shall notify the Operator immediately in the event that any Qualifying Customer makes a complaint to the Affiliate, or where any governmental authority contacts the Affiliate, in respect of direct marketing or the Affiliate's processing of such Qualifying Customer's personal data.

12.5.The Operator may, from time to time, request that the Affiliate provide evidence of its compliance with this Section 12 and Affiliate shall provide such evidence as the Operator may reasonably request within seven days of receipt of such request.

12.6.The Affiliate shall ensure that all employees, agents and affiliated parties acting on its behalf pursuant to this Agreement are bound by contractual terms no less onerous than the standards prescribed by the Data Protection Laws.

12.7.The Affiliate shall provide the Operator with all such assistance as necessary in respect of data breaches, claims and requests for information made against the Operator in respect of any communications sent by the Affiliate under this Agreement, in particular, any investigations made by a governmental authority with respect thereto. The Affiliate shall ensure that any communications sent by it or any of its agents are duly tagged to allow tracking in the event that they are forwarded to the Operator as part of a complaint.

12.8.The Affiliate agrees to indemnify the Operator and defend the Operator at its own expense against all costs, claims, fines, group actions, damages and expenses incurred by the Operator or for which the Operator may become liable due to any failure by the Affiliate or its employees, agents to comply with any of its obligations under this Section 12 or any failure to comply with Data Protection Laws. Nothing in this Agreement shall limit the Affiliate’s liability under this Section 12.

13.Force Majeure Events

13.1.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.

13.2.A party who 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, will promptly notify the other.

13.3.The affected party will take reasonable steps to mitigate the effects of the Force Majeure event.

14.General

14.1.Notices. Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally, sent by pre-paid first class mail, or sent by email for the attention of the relevant person, and to the relevant address or email address specified on the Affiliate Sign-Up Form (in the case of Affiliate) or this website (in the case of Operator) (or as notified by one party to the other in accordance with this Section).

A notice will be deemed to have been received at the relevant time set out below:(a) where the notice is delivered personally, at the time of delivery;(b) where the notice is sent by first class mail, 48 hours after posting; and(c) where the notice is sent by email, at the time of the transmission (providing the sending party retains written evidence of the transmission).

14.2.Regulatory Compliance.

14.2.1.As a holder of privileged gaming licenses, Operator is required to adhere to strict laws regarding vendor and other business relationships. If at any time Operator determines in its sole and reasonable discretion, or is informed by relevant authorities that its association with Affiliate could violate any statutes and regulations regarding prohibited relationships or threatens any of its privileged gaming licenses, Operator may immediately terminate this Agreement without liability upon written notice to Affiliate. If mandated by Operator’s compliance department, Affiliate agrees to complete and submit to Operator a business information form and to undergo a background investigation to establish compliance with Operator’s compliance policies.

14.2.2.If any Gaming Regulatory Authority requires approval of this Agreement or its terms, such approval shall be obtained by Operator prior to the performance of any part of this Agreement. If such regulatory authority disapproves of this Agreement in whole or in part, Operator may immediately terminate this Agreement without liability, upon written notice to Affiliate.

14.2.3.Notwithstanding any other terms of this Agreement, if any regulatory authority requires Operator to terminate this Agreement pursuant to this Section, and prohibits Operator from making further payment to Affiliate under this Agreement, then, upon written notice to Affiliate, Operator shall have no further liability to Affiliate, except for any obligations pursuant to any services rendered and expenses incurred prior to the effective date of such termination, which such obligations shall be honored unless prohibited by law.

14.2.4.No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.

14.3.Severability. If a Section of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Sections of the Agreement will continue in effect. If any unlawful and/or unenforceable Section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Section will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Section will be deemed to be deleted).

14.4.Relationship of Parties. Nothing in the Agreement will constitute a partnership, agency relationship or contract of employment between the parties. Affiliate will not make any statement on Affiliate’s Website or otherwise which expressly or impliedly suggests that there is any such relationship between the parties.

14.5.Assignability. Operator may freely assign its rights and obligations under the Agreement without Affiliate’s consent to any successor to all or a substantial part of its business from time to time. Save as expressly provided in this Section or elsewhere in the Agreement, neither party may without the prior written consent of the other party assign, transfer, license or otherwise dispose of the Agreement or any rights or obligations under the Agreement, by operation of law or otherwise.

14.6.No Third-Party Beneficiaries. The Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties 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.

14.7.Entire Agreement. This Agreement, including the Affiliate’s Reward Plan, constitutes the complete understanding and agreement of the Parties and supersedes all prior negotiations, understandings, agreements, representations and warranties of any nature whether or not in writing between the Parties with respect to the subject matter of this Agreement. Subject to the terms of this Agreement, each party acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the other party.

14.8.Governing Law and Jurisdiction. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Illinois, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action in connection with or otherwise relating to or arising out of this Agreement, regardless of when they occurred or arise (including, for the avoidance of doubt, before any amendments made to this Agreement), shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in Cook County, Illinois, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one (1) year after the claim arises. You agree that a proceeding commenced after this date is barred.

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