The following terms and conditions are applicable to participation in “NLO's affiliate program. Please read these terms carefully. To use the affiliate program, it is necessary for you to accept the terms and conditions of this Agreement.By registering the NLO affiliate program you have accepted the terms & conditions.

These terms and conditions will apply to all Agreements and arrangements entered into with the Affiliate by NLO. A written agreement will be required for deviations if any from these terms and conditions.

Section 1: Definitions

The following terms shall have the following meaning:

  1. Affiliate: Every natural person (18+) or legal entity that has accepted the terms and conditions and is accepted as affiliate by NLO, to provide users of the Affiliate Website access through a link or other electronic linkage to the NLO Websites;

  2. Affiliate Website: website of the Affiliate on which the Affiliate shares links to NLO Websites.

  3. Agreement: the agreement between NLO and Affiliate.

  4. Artificial Traffic: a collective term for invalid traffic, such as clicks, leads and transactions, which may originate (for example and without limitation) from: automatic openings and/or redirects, spiders, (ro)bots, adware and/or spyware, requests in e-mail or chat rooms, script generators, placing links on other websites than agreed, the automated redirection of visitors from mistyped or misspelled domain names, clicks which are not generated by a browser, clicks which are not preceded by an active act of a Visitor who wants to reach a certain website. The appeal or call to click on links, or rewarding users for clicking on links will also be regarded as Artificial Traffic, subject to the judgement of NLO.

  5. Material(s): any materials such as banners, names, site names, logo’s, brands, and other related textual and graphic materials that are made available by NLO through the Program and Service Website for the purpose of the Agreement.

  6. NLO: Nederlandse Loterij Organisatie B.V., a Dutch limited liability company with Chamber of Commerce registration number 65691288, with registered address at Laan van Hoornwijck 55, 2289DG Rijswijk, the Netherlands. ) Nederlandse Loterij Organisatie is the umbrella name for the lottery and gaming activities of Staatsloterij B.V. and Lotto B.V., which merged on 1 April 2016, whereas the administration of the lotteries and games of Staatsloterij B.V. and Lotto B.V. and the execution of all related activities, such as customer service, the online player platform, the individual game websites, and the marketing of the lotteries and games, have been entrusted to NLO, that forms part of the same group of companies as Staatsloterij B.V. and Lotto B.V., as well as Nederlandse Loterij Online B.V.

  7. NLO Websites: websites owned and managed by NLO. More detailed information is stated in the Program. NLO Website are i.a: www.staatsloterij.nl, www.lotto.nl, www.toto.nl, www.eurojackpot.nl, www.luckyday.nl, www.miljoenenspel.nl, www.krasloten.nl, www.nederlandseloterij.nl

  8. Program: the affiliate marketing program provided by NLO through the Service Website in which different affiliate marketing models can be offered, such as per click, per sale/transaction, per lead etc.

  9. Service Website: The website where the Affiliate can register and join the Program: https://partner.nederlandseloterij.nl.

  10. Visitor: any person who clicks on a link placed on the Affiliates Website and thereby is connected/redirected to NLO websites.

Section 2: General

  1. The Agreement provides Affiliate with the non-exclusive right to direct Visitors from their website(s) to NLO Websites, in return for the payment of commissions and referral bonuses or otherwise agreed through the Program, depending on the agreed model.

  2. The Affiliate is allowed to place links that redirect to NLO Websites.

  3. The Program may be amended or terminated at any time. Information about the Program will be available on the Service Website. The Affiliate must keep himself informed of any amendments of the Program. The Affiliate must comply with the requirements of the Program.

  4. NLO reserves the right to modify, amend, change or terminate the Program and related services. The Affiliate will be notified of all such changes by e-mail. If the Affiliate does not accept the changes, the Affiliate must immediately cease to use the service and delete all links to NLO Websites.

  5. NLO will evaluate the registration and notify Affiliate whether the application was accepted or not. The application will be rejected if NLO determines, in its sole discretion, that the Affiliate or Affiliate Website is unsuitable for any reason, including but not limited to, sites that are under construction, (mainly) aimed at children or promote products aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, promote illegal gambling facilitators/websites or violate intellectual property rights.

  6. The Affiliate guarantees that the information provided by him/her to NLO about himself/herself and the Affiliate Website is correct and complete.

  7. NLO undertakes reasonable effort to monitor and register the traffic generated by the Affiliate Website to NLO Websites.

  8. NLO will provide the services and the Program “as is” and therefore NLO cannot guarantee never, in any way, any possible amounts, provisions, clicks, traffic etc.

  9. The administration (f.e. the amount of clicks, traffic etc.) of NLO is guiding.

Section 3: Obligations of the Affiliate

  1. The Affiliate is solely responsible for the Affiliate Website and its content and shall ensure that he and the Affiliate Website conforms at all times to all applicable laws and regulations.

  2. The Affiliate complies with all applicable EU- and national laws and regulations.

  3. The Affiliate shall inform Visitors about the use of third party cookies, cross-device tracking and other tracking technologies, and transfer of (personal) data to NLO for cross-device tracking and interest based advertising. The Affiliate shall post a prominent link to the Affiliate’s privacy policy which shall provide detailed information about such processing and an explanation as to how it can be disabled. Subject to applicable data protection legislation, the Affiliate must gain Visitors’ consent to such data processing.

  4. The Affiliate must not, in any way, generate or contribute to generate Artificial Traffic to NLO Website.

  5. The Affiliate must notify NLO immediately of any known or suspected improper or wrongful use of the Affiliate's links to NLO websites and/or Program or of NLO’s service in any way whatsoever.

  6. The Affiliate should exclusively use the name of NLO (or its brands) and the Materials specially provided by NLO, for the purposes of the Program and the Agreement, in the manner to be specified by NLO from time to time, and thereby to always follow all the instructions of NLO in this connection.

  7. The Affiliate will only use the Materials for the purposes of the Program and will not make any changes to the Materials

  8. Affiliates may not use the Materials supplied for actions and/or conduct that violates applicable laws or the agreement. Among others, this will include, but not be limited to, the following actions and conduct:

    • The unsolicited sending of emails for commercial, idealistic or charitable purposes without explicit consent of the receiver, i.e. consent as intended in the applicable regulations and legislation;

    • Sending large quantities of unsolicited emails with identical content.

  9. The Affiliate must at any desired time be able to demonstrate to NLO that and how the consent as intended in chapter 3 article 8 was obtained. On demand of NLO the Affiliate shall demonstrate by email in a sufficiently documented manner that the consent was obtained lawfully.

  10. If and to the extent that the Affiliate sends emails, in order to generate traffic, the Affiliate shall also see to it that said emails comply with all applicable legislation and regulations including, in any case, but not limited to the following terms and conditions:

    • the receiver must be able to deduce from the subject line that it regards an email with a commercial, idealistic or charitable purpose;

    • the identity of the Affiliate must follow clearly from the email;

    • the email must immediately be recognisable to the average receiver (in particular corporate identity, logos, and general appearance) as an expression of the Affiliate and expressly not of NLO

    • each email sent must contain an unsubscribe link with which receivers can easily unsubscribe in order to no longer receive emails with similar purposes from the Affiliate in the future.

  11. Unless NLO has expressly given its permission for the same in writing, the Affiliate may not transfer or pledge his rights and/or duties under any contract or Agreement with NLO, in whole or in part, to a third party, without the prior written consent of NLO. The required approval for the same may be subject to terms and conditions imposed by NLO.

Section 4:Terms and Termination

  1. The Agreement shall come into force upon after acceptance as an Affiliate and shall remain in effect until terminated.

  2. The Affiliate is entitled to terminate the Agreement with immediate effect at any time. subject to the observance of a termination notice period of 4 weeks. The Affiliate must cease to use the service immediately upon the termination of the Agreement and delete all links to NLO Websites.

  3. Without prejudice to its other rights, NLO has the right to terminate the Agreement at all times, subject to the observance of a termination notice period of one week. In such cases, the Affiliate will indemnify NLO against any claims made by third parties and will abstain from claiming any form of compensation from NLO.

  4. NLO is entitled to terminate this Agreement and/or suspend the Affiliate from the service or if NLO considers the Affiliate or the content of the Affiliate Website inappropriate in any way or in violation with Dutch law and/or the terms of or the Affiliate has not generated any traffic for a period of three (3) months.

  5. Upon termination of the Agreement:

    • NLO shall inform the Affiliate immediately and the Affiliate shall immediately cease to use the service and delete all links to NLO Websites;

    • NLO will have the right to block the Affiliate from accessing the Platform and Service Website;

    • the Affiliate may not (any longer) make any claim to any commission;

    • the Affiliate will delete or return all Material provided by NLO;

    • the Affiliate will no longer have the right to use the names and Materials of NLO.

  6. Affiliate will be entitled only to those unpaid referral fees, if any, earned by Affiliate on or prior to the date of termination. Affiliate will not be entitled to referral fees occurring after the date of termination. 4.7. If Affiliate has failed to fulfill its obligations and responsibilities, NLO will not pay any fees even if the fees are earned before termination.

Section 5: Intellectual Property

  1. Affiliate will have access to a variety of graphic and textual links to NLO Websites.

  2. NLO hereby grants to the Affiliate the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly) any Material within the purpose of the Agreement.

  3. NLO also authorizes the Affiliate to refer, in the Affiliates advertising and promotions, to the fact that NLO Websites are accessible through the Affiliate Website, provided that any such statement:

    • does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of NLO other than NLO’s (gaming/gambling) name and/or site names in a non-distinctive typeface;

    • does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that NLO sponsors, authorizes, and/or is the source or origin of the Affiliate Website; and

    • does not disparage NLO, its products and services. All use of the Materials shall inure to the benefit of NLO and shall not create any rights, title or interest in them for the Affiliate. No other use of the NLO names, trademarks, service marks, design marks, or other designations confusingly similar to any of the foregoing may be made by the Affiliate for any purpose without the prior written approval of NLO.

Section 6: Confidential Information

  1. As used herein, confidential information shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:

    • may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or

    • may receive hereunder from the other.

  2. Each party agrees that, with respect to its receipt of confidential information of the other party, it shall:

    • use the same care and discretion to prevent disclosure of such confidential information as it uses with similar confidential information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;

    • accept such confidential information and use such confidential information only for the purposes permitted hereunder; and

    • restrict disclosure of confidential information solely to those of its employees and agents who have a need to know and are obligated not to disclose such confidential information to any third parties.

  3. The foregoing restrictions shall not apply to information that:

    • is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;

    • the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;

    • is received from a third party without restriction and without breach of this Agreement;

    • was independently developed by the recipient as evidenced by its records; and

    • the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.

Section 7: Liability

  1. NLO cannot guarantee or warrant the performance of NLO services, software, Program, implementation or the links to any NLO Website.

  2. Except in the case of willful causing of damage and/or grave negligence of NLO, NLO is not liable for damage and/or costs of the Affiliate arising out of the Agreement between NLO and NLO shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.

Section 8: Warranty

  1. NLO represents and warrants that:

    1. (a) NLO has the right to enter into the Agreement with Affiliate and to grant the rights and licenses granted herein; and (b) NLO’s software, Service Website, Program and the reproduction, distribution, transmission, public performance and public display of the NLO Materials in connection with the Affiliate Website do not:

    • invade the right of privacy or publicity of any third person; or

    • contain any libelous, obscene, indecent or otherwise unlawful material.

  2. The Affiliate represents and warrants that:

    1. the Affiliate has the right to enter into the Agreement with NLO

    2. the Affiliate Website does not, and the reproduction, distribution, transmission, public performance and public display of the Affiliate Materials as permitted herein, do not:

    • invade the right of privacy or publicity of any third person,

    • contain any libelous, obscene, indecent or otherwise unlawful material, or

    • infringe any patent, copyright or trademark right in any jurisdiction; and

  3. the Affiliate has received no notice of such invasion, violation or infringement of rights.

Section 9: Indemnities

The Affiliates shall indemnify, defend and compensate NLO at all times against and for any and all costs, damages, penalties, and interest that may occur on the part of NLO (for compensation arising from the contents of the Affiliate Website or any incorrect information given to NLO by the Affiliate) as a result of claims of third parties (including supervisory authorities including but not limited to the Dutch Authority for Consumers and Markets and Dutch Data Protection Authority) vis-à-vis NLO with regard to incidents, activities, acts or omissions by the Affiliate. The aforementioned costs, damages, penalties, and interest can immediately be claimed from the Affiliate by NLO.

Section 10: Privacy

  1. If and to the extent that personal data is being processed in connection with use of the Program and/or the Agreement, Affiliate and NLO shall be regarded as joint controllers within the meaning of the General Data Protection Regulation (GDPR) and this article qualifies as arrangements as described in article 26 of the GDPR. The personal data, of the data subjects, that can be processed by NLO in this regard is traffic data (under which IP-addresses) from customers or visitors of Affiliate (consumers).

  2. NLO and Affiliate process the personal data solely for the purpose of making the Program available. Affiliate also processes the personal data as described for its own purposes, for which NLO can’t be held responsible.

  3. Affiliate represents and warrants that the content, use and instruction to process the relevant personal data as part of the Program and the Agreement is not unlawful and does not infringe any rights of a third party and/or data subjects. In this context, Affiliate indemnifies NLO of all possible claims and actions related to the processing of personal data. More specifically, the Affiliate provides a legitimate basis for the processing of the personal data and the Affiliate informs its customers about the existence and the use of the Program and/or the Affiliate program. In the absence of a legitimate basis, Affiliate informs NLO without delay.

  4. NLO and Affiliate shall process the personal data in all countries within, and outside, the European Economic Area, in compliance with the relevant applicable laws and regulations.

  5. NLO and Affiliate shall, to the best of their ability, make reasonable efforts to have sufficient technical and organizational measures in place with regard to the processing of personal data, and will endeavor to meet the security at a level that is not unreasonable, taken into account the state of the technology, the sensitivity of the data and the costs involved in making the security arrangements.

  6. In the event of a personal data breach (as meant within article 4 (12) GDPR, which means a breach of security, either accidentally or unlawfully, leading to the destruction, loss, alteration or unauthorized disclosure of, or the unauthorized access to transmitted, stored or otherwise processed data) regarding the personal data as described in article I., NLO and Affiliate shall, to the best of their ability, make reasonable efforts to inform each other thereof without no undue delay and within 36 hours after discovery. NLO shall inform Affiliate about breaches within NLO systems while Affiliate informs NLO about breaches within Affiliate systems. Parties shall determine whether or not to inform the relevant regulatory authority and/or the data subjects and which of the parties will do so. Parties shall provide each other with all the relevant information about the data breach, as available to them.

  7. A notification of a data breach, by parties to each other, shall only take place if the data breach has actually occurred and not if there can be only spoken of a (theoretical) vulnerability.

  8. Where a data subject submits a request to NLO or Affiliate to exercise one of its legal rights, the requested party shall deal with this request independently. In case NLO or Affiliate requires the cooperation of the other party in the exercise of legal rights by a data subject, parties will provide this cooperation as far as possible and to the extent that it is reasonable.

  9. All personal data received by NLO from Affiliate and/or compiled by NLO within the framework of the Program is subject to a duty of confidentiality vis-à-vis third parties. This duty of confidentiality will not apply in the event that Affiliate has expressly authorized the furnishing of such information to third parties, where the furnishing of the information to third parties is reasonably necessary in view of the Program, or if there is a legal obligation to make the information available to a third party. If NLO is legally required to provide information to a third party, NLO shall inform Affiliate of this immediately to the extent permitted by law.

Section 11: Miscellaneous

  1. The Affiliate may not assign or pledge his rights or obligations under the Agreement in whole or in part to any third party without the prior written consent of NLO. The Affiliate agrees that NLO may assign its rights and obligations under this Agreement and divulge or transfer information about the Affiliate Website, e-mail etc to any third party.

  2. If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

  3. The Agreement shall be governed by, and construed in accordance with the laws of the Netherlands. If any dispute cannot be settled amicably through ordinary negotiations within a timeframe acceptable to NLO and/or Affiliate, each party submits to the exclusive jurisdiction of the relevant courts in The Hague, the Netherlands.