10.4 Contractual penalty
Notwithstanding anything to the contrary, in case of Your material breach or threatened material breach of any of the provisions of this Agreement or Affiliate Programme as well as any direct violation thereof, You shall be liable to pay a penalty of fifty thousand Euro (€50,000) to Us for each such individual material breach or threatened material breach of this Agreement as provided herein (hereinafter referred to as ‘Penalty’). The payment of the Penalty to Us shall be without prejudice to Our right to claim compensation for any damage (including without limitation any indirect or consequential damage, loss of profits or any expenses incurred in relation to the material breach or threatened material breach) that exceeds the Penalty, which right shall not be affected nor limited by the payment of the Penalty. Furthermore, without prejudice to the Penalty, We shall be entitled to any seek equitable relief as a remedy for such breach, including injunctive relief concerning any threatened or actual material breach of any of the provisions of this Agreement or the Affiliate Programme as well as any direct violation thereof. For the purpose of this Clause and for avoidance of doubt, a material breach of this Agreement shall mean, without limitation, breach of, non-compliance with or Your non-fulfilment of Your obligations pursuant to the following clauses of these Terms and Conditions: 2.2 (license to use intellectual property), 3.1 (warranties), 4.2 (direct marketing and spam), 4.3 (approved marketing material), 4.4 (approved layouts), 4.5 (marketing compliance), 4.6 (good faith/ethical conduct), 4.8 (Your restrictions), 4.9 (traffic generated through unsuitable medium), 4.10 (manipulation/advising of referred players to the detriment of LeoVegas), 4.11 (confidential information), 4.12 (data protection and privacy), 4.13 (anti money laundering), 4.14 (limitations of advertising), 4.16 (limitations of URLs), 4.15 (trademark infringements), 4.17 (restricted territories), 4.18 (restricted terms). Similarly, material breach of this Agreement pursuant to the foregoing sentence shall, without limitation, also mean any breach of any other parts of this Agreement that cover or otherwise relate to the same subject matter as the previously stated clauses.
The Penalty becomes due as of the moment of the occurrence of the material breach of threatened material breach, and this is not paid on the first demand the late payment interest in the maximum amount provided by laws of Malta shall accrue.
10.5 Remedies
Our rights and remedies in these Terms and Conditions shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision.
You acknowledge that We may, without prejudice to any other right available,
a.immediately suspend Your membership of the Affiliate Program; and/ or
b. in Our absolute discretion, not pay You any funds due to You as Fees.