PUBLISHER GAME LICENSE AGREEMENT

This Agreement. This Agreement governs Your access to Games available under license to be displayed and

distributed to Users on Publisher Properties, via Our Distribution Platform. We provide You with free access to

Games on the basis of us being able to show In-Game Ads in and around the Games and selling In-Game

Purchases, with You receiving a Publisher Revenue Share of the Net Revenue generated with such Ads and

In-Game Purchases for Games on Your online properties. You cannot show the Games as part of a subscription

or pay-to-own model, or in native apps.

Acceptance of terms. By accepting this Agreement, whether by clicking a box or executing an order form

referencing these terms, You confirm that You have read, understood, and agreed to comply with all terms,

conditions, and obligations outlined herein, including compliance with applicable laws.

Company customers. If you are entering into this Agreement on behalf of a company or other legal entity, you

represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which

case the terms “You” or “Your” will refer to such entity and its affiliates. If you do not have such authority, or if you

do not agree with these terms and conditions, you must not accept this Agreement and may not use the

Distribution Platform.

No monitoring. You may not access the Distribution Platform, including the Games, for monitoring availability,

performance, or functionality, or for benchmarking or competitive purposes without prior written consent. Any

unauthorized access for these purposes may constitute a breach of this Agreement and applicable laws,

including the Digital Services Act (“DSA”).

Date. This Agreement was last updated 19 June 2025. It is effective between You and Us as of the date of You

accepting this Agreement.

1. DEFINITIONS

“Agreement”: means this Publisher Game License Agreement.

“Developers”: means the third-parties that provide the Games to Distributor for distribution on the Distribution

Platform.

“Distribution Platform”: means the distribution platform and associated services exploited by Distributor under

the domain name www.gamedistribution.com.

“Games”: means the games made available for publishing to Publishers with an active account on the

Distribution Platform.

“In-Games Ads Revenue”: means the gross revenues generated and received by Distributor through In-Game

Ads less: (i) In-Game Ads and Hosting costs; (ii) any applicable Invalid Traffic / Fraud deductions and

reservations.

"In-Game Purchase Revenue”: means the gross revenue generated and received by Distributor through

In-Game Purchase less (i) payment provider costs; and (ii) VAT.

“In-Game Purchase” or “(IGP)”: means a micro-transaction that allows Users to purchase a digital

product/item/service within the Games.

“In-Game Ads” or “Ads”: means the digital advertising displayed to Users when they view and play the Games.

In-Game Ads can but are not limited to the in-game display formats of interstitials, banners, pre-roll / mid-roll /

post-roll and rewarded video ads.

“In-Game Ads and Hosting Costs”: means the ln-Game Ads platform costs and fees, and content hosting costs

and fees incurred by Distributor in connection with the distribution and making available of the Games and

including In-Game Ads.

“Intellectual Property Rights”: means all intellectual property rights, either registered or unregistered, including

trademarks, patent rights, design rights, trade names, copyrights, neighboring rights, moral rights, database

rights, and similar proprietary rights.

“Invalid Traffic / Fraud”: means any In-Game Ads and/or IGPs, impressions, clicks, purchases or similar billing

events that are determined by Distributor , advertisers, and/or third-party providers, to be fraudulent, suspect in

quality, or unusable according to such party’s standards. Invalid Traffic / Fraud includes, but is not limited to,

pop-unders, click-jacking, auto scrolling, forced navigation, auto navigation, dark pages, auto-play video in

pop-under with sound off, auto-refresh of ad slots, call video ads behind the video player, referrer stripping or

replacement, empty or spoofed domains, unauthorized (re)selling of ad inventory by seller, stacked redirects,

auto-click on recommendation widget tile, content-recommendation tile trick play, rogue mobile apps auto-loading

impressions, fraudulent or abnormal numbers of clicks per install / download, or refund fraud.

“Net Revenue”: means the In-Game Ads Revenue and/or In Game Purchase Revenue.

“Publisher”: means the third parties who are Our registered partners that own or operate the Publisher

Properties where they provide access to the Games for User.

“Publisher Net Revenue” means the share of Net Revenue paid to Publisher hereunder, as defined in Section

3.1.

“Publisher Properties”: means the desktop (PC) and mobile website(s), domain(s) or other content hosting

infrastructure, which is owned by or licensed to You where You will display the Games or provide links to the

Games (in an iFrame or otherwise).

“Sanctioned Person”: means at any time during the term of this Agreement, any natural person, corporation, or

other legal entity: (i) listed on any Sanctions-related list of designated or blocked persons; (ii) that is any agency

or instrumentality of the government of, resident in, or organized under the laws of a country or territory that is the

subject of comprehensive restrictive Sanctions from time to time (as of the date of this Agreement) such as but

not limited to Cuba, Iran, North Korea, the Crimea Region of Ukraine, Donetsk People's Republic and Luhansk

People's Republic, and Syria); or (iii) 50% or more owned or controlled by any of, including a combination of, the

foregoing.

“Sanctions”: means individually and collectively, any and all applicable economic or financial sanctions or trade

embargoes imposed, administered or enforced from time to time by: (i) the United States of America, including

those administered by Office of Foreign Asset Control (OFAC), the U.S. Department of State or through any

existing or future executive order; (ii) the United Nations; (iii) the European Union or any European Union

member state; (iv) HM Treasury of the United Kingdom; or (v) other similar governmental authority having

jurisdiction over any Party to this Agreement.

“SDK”: means software code (and associated documentation) provided by Distributor to Developers to implement

in the Games, to allow for, including but not limited to, ad tracking features, ad code(s), statistics, and IGP

capability, and to calculate, monitor and optimize revenues and game performance.

“Tags”: scripts, tags, ads.txt and any other software code that Distributor supplies to Publisher to include the

Games and enable advertising on or in the Publisher Properties.

“Term”: means the term of this Agreement as described in Section 7.

“Third-Party Supplier”: means a third-party, which may include corporate affiliates of Us, that delivers a

product or service to Us in connection with Us offering the Distribution Platform and the Games, to select and

deliver the In-Game Ads and In-Game Purchases, and any associated products and services as part thereof, as

supplier or subcontractor. Unless specifically noted otherwise, Third-Party Suppliers include Developers that

provide Us with Games under license.

“You” or “Your”: the company or other legal entity for which you are accepting this Agreement, as entered into

the sign-up form, and Affiliates of that company or entity. For the purposes of this Agreement, “You” or “Your”

shall also be referred to as the Publisher.

“We,” “Us”, “Our”, “Distributor” or “GameDistribution”: KEYGAMES NETWORK B.V., a Dutch company with

Company registration number 14077784, with its registered office at Boeing Avenue 30, 1119 PE, Schiphol-Rijk,

the Netherlands doing business as GameDistribution.

“Party”: means You or Us separately, “Parties” means You and We together.

“Users”: means users that access the Games on Your Publisher Properties.

2. PUBLISHER LICENSE / DISTRIBUTOR SERVICES

2.1 Subject to Publisher continuously meeting the terms and conditions of this Agreement, Distributor hereby

grants to Publisher a non-exclusive, limited, non-sublicensable, non-transferable (sub)license to make the Games

available to Users on the Publisher Properties. Publisher is not permitted to make the Games available other than

through the Publisher Properties. In particular, Publisher is not permitted to make the Games available as part of

a pay-to-own model, any subscription services or on any native application stores, unless with specific written

approval from Distributor.

2.2 Publisher hereby grants Distributor an exclusive authorization to market and sell the In-Game Ads and

In-Game Purchases for the Games as published on the Publisher Properties. Distributor may engage Third-Party

Suppliers to perform these and associated services.

2.3 Publisher will provide accurate information to Distributor and will comply with the technical requirements

and/or specifications provided by Distributor for the purpose of In-Game Ads and In-Game Purchase services

which may include, implementing the Tags on the Publishers Properties, in its ad server, or in its wrapper or tag

management system. Distributor reserves the right to approve Publisher’s implementation of the technical

requirements and/or specification prior to Publisher’s use of the Games. Publisher will have sole responsibility for

performing these operations. For avoidance of doubt, Distributor will have no liability to pay Publisher for any

In-Game Ads improperly served as a result of Publisher’s failure to properly implement Distributor’s technical

requirements and/or specifications. On Distributor request, Publisher will provide Distributor with access to its ad

server for an initial ad server assessment and additional access to its ad server upon request.

2.4 Publisher will not alter, change, modify, observe, reverse-engineer, or interfere with, in any way whatsoever,

the SDK, the Games and/or Tags provided by Distributor. For clarity, this does not limit Publisher’s obligation to

remove Tags from the Publisher Properties on termination of the Agreement.

2.5 Distributor will use commercially reasonable efforts to not display or deliver Ads that contain content to Users

that violate Distributor’s ad guidelines, as they are updated from time to time (“Ad Guidelines”) :

(i) Ads must not be false, misleading, fraudulent, or deceptive.

(ii) Ads will not be permitted in cases where a business model or practice is deemed unacceptable.

(iii) Ads, or categories of ads, which receive a significant amount of negative user feedback, or are

otherwise deemed in violation of community standards will not be permitted.

(iv) Ads cannot contain, facilitate, promote, or reference the following:

a. Offensive, profane, vulgar, obscene or inappropriate language;

b. Obscene, defamatory, libelous, slanderous and/or unlawful content;

c. Alcohol or tobacco products (including vape products);

d. Ammunition, firearms, paintball guns, bb guns, or weapons of any kind;

e. Gambling;

f. Scams, illegal activity, or chain letters;

g. Get rich quick and other money making opportunities that offer compensation for little or no

investment, including "work from home" opportunities positioned as alternatives to part-time or

full-time employment or promises of monetary gain with no strings attached;

h. Adult content, including nudity, sexual terms and/or images of people in positions or activities that

are excessively suggestive or sexual, or provocative images in violation of community standards;

i. Adult friend finders or dating sites with a sexual emphasis;

j. Uncertified pharmaceutical products;

k. Spy cams or surveillance equipment;

l. Web-based non-accredited colleges that offer degrees;

m. Inflammatory religious content;

n. Politically religious agendas and/or any known associations with hate, criminal and/or terrorist

activities;

o. Games that exploits political agendas or uses "hot button" issues for commercial use regardless

of whether the advertiser has a political agenda;

p. Hate speech, whether directed at an individual or a group, and whether based upon the race,

sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity,

or language of such individual or group;

q. Games that advocates against any organization, person, or group of people, with the exception

of candidates running for public office;

r. Games that depict a health condition in a derogatory or inflammatory way or misrepresents a

health condition in any way.

Distributor will communicate updates or changes to the Ad Guidelines to Publisher.

2.6. The Publisher shall maintain a valid and active Google Ad Manager account, which shall be used for ad

monetization as outlined in the article "Allow HeaderLift to manage advertising inventory within the game frame''

available in the Publisher FAQ.

2.7. Distributor will, with respect to the Games, use commercially reasonable efforts to make the Games available

and to sell In-Game Ads and In-Game Purchases, and to solve any defects in the operation of the Games, but

otherwise does not undertake or promise that the Games, including the In-Game Ads and In-Game Purchases

will be available at all times, or without interruption or error, for inclusion on the Publisher Properties. Distributor

does not represent or warrant, and specifically disclaims, that the Games are fit for the intended purpose, and

You are responsible for the selection and use of the Games on Your Publisher Properties, to research content

and functional characteristics of the Games, and for making sure the Games meet Your requirements and

wishes. In the case of any ambiguity, You can request information from Us before concluding the Agreement or

ask a third-party expert for advice.

2.8. The Distribution Platform maintains content moderation standards including review by our personnel in

accordance with the Platform Guidelines available on Our Distribution Platform. We reserve the right to remove

or restrict access to any Game that is found to be in breach of these standards. Related parties will be notified of

any removal or restriction action taken and provided with an explanation for such action.

2.9 Publisher hereby grants to the Distributor a non-exclusive, limited license to use and publish Your trademarks

and logos in connection with the execution of the Agreement. Distributor will use the trademarks in the form

provided by the You and in accordance with any instructions communicated by You in advance.

3. REVENUE SHARE

3.1 During the Term of this Agreement the Publisher is entitled to a revenue share of 33% (thirty three percent) of

the Net Revenue (the “Publisher Revenue Share”).

3.2 During the Term of this Agreement the Publisher can access at any time the revenue share reports on the

Publisher Net Revenue made each preceding calendar month in the reporting section of Your account on the

Distribution Platform.

3.3 Within 60 days after the report for the preceding calendar month becoming available, the Distributor will pay

the Publisher Revenue Share with respect to that month if: (i) the Publisher Revenue Share is at least EUR 100;

and (ii) the Publisher has filled out the payment information needed to make the payment in its account, including

any VAT information, if applicable. If the Publisher Revenue Share is less than EUR 100, it will accumulate and

be paid when the Publisher Revenue Share is EUR 100 or more. The Publisher agrees that the Distributor sends

a credit invoice to the Publisher for the payments made by the Distributor to the Publisher.

3.4 Each party will be responsible for its own taxes of whatever nature.

3.5 The Publisher declares by entering into this Agreement that it acts as a VAT taxable person within the

meaning of Article 9 of the EU VAT Directive 2006 (Council Directive 2006/112/EC, PbEU, L 347), if applicable.

Where required under law, Distributor will add applicable VAT (BTW) to be charged by Publisher to the Publisher

Revenue Share. Publisher agrees to pay or to bear the costs of all applicable taxes and charges imposed by any

government entity in connection with this Agreement, including without limitation taxes and charges related to

Publisher’s receipt of Publisher Net Revenue, such as withholding tax. Notwithstanding the foregoing, in the

event Distributor operates in multiple jurisdictions, Distributor may appoint another Distributor entity to issue

credit invoices and make the corresponding payments.

3.6 Detection of or any reasonable suspicion of any Invalid Traffic / Fraud as evidenced by Distributor’s and

Third-Party Suppliers Invalid Traffic /Fraud hold-backs and reports gives Distributor the right to: (i) withhold or

set-off any Publisher Revenue Share related to such Invalid Traffic / Fraud; (ii) obtain a refund of prior payments

(or any portion thereof) made to Publisher relating to Invalid Traffic. In order to be able to detect such Invalid

Traffic / Fraud and control In-Game Ads quality, Distributor has the right to use third-party verification tools and

Publisher is obliged to assist and to cooperate with Distributor where and when needed. Any costs associated

with the deployment and/or use of third-party verification tools by Distributor related to Invalid Traffic / Fraud are

at the expense of Publisher.

4. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights which already existed at the time of entering into this Agreement remain the

property of the party to which they belonged at that time. Parties will only acquire rights from the other Party as

are explicitly granted in this Agreement, and nothing in this Agreement shall confer on the Publisher any right of

ownership in the Games, Distribution Platform, Tags and/or SDK and/or anything embodying or featuring any of

them, or any goodwill inuring to them, and subject to the limited rights expressly granted hereunder, We and Our

licensors and Third-Party Suppliers reserve all of Our/their right, title and interest therein. Publisher agrees that it

will not modify, prepare derivative works from, or reverse engineer the Distribution Platform (including the Tags

and SDK), Games or create or attempt to create a substitute or similar service or product through use of or

access to the Distribution Platform (including the Tags and SDK) or Games, or proprietary information related

thereto.

5. DATA PROTECTION

5.1 Parties agree that they will comply with the requirements of the General Data Protection Regulation

(2016/679/EU) (“GDPR”) and the e-Privacy Directive (2002/58/EG), In this context Parties hereby undertake that

the Data Protection Addendum (“DPA”) is part of this Agreement and will fully cooperate with each other and

discuss any changes to This Agreement, including the DPA, if needed or required as a result of changes in

operations and/or applicable law.

6. REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION / LIABILITY

6.1 The Distributor represents and warrants that: (i) Distributor is authorized to enter in this Agreement.

6.2 The Publisher represents and warrants that:

(i) Publisher is authorized to enter into this Agreement;

(ii) Publisher will not, and will not permit any end user to:

a. use, reproduce, copy, sell, resell, or exploit the Games or the Distribution Platform, or any parts

thereof, for any purpose other than for which the Games and/or Distribution Platform are made

available hereunder;

b. remove or change any branding or links included in the Games or the Distribution Platform, or

otherwise adjust the Games or the Distribution Platform or any parts thereof in any way

whatsoever, unless explicitly otherwise agreed by Parties;

c. Abuse, decompile, reverse engineer, attempt to derive the source code, or disassemble the

Games or the Distribution Platform or any parts thereof;

d. interrupt or attempt to interrupt the proper operation or exploitation of the Games or the

Distribution Platform or any parts thereof in any way whatsoever;

e. register any rights regarding the Games, the Distribution Platform, or Distributor and their

business or any parts thereof; and

f. violate any applicable laws, including data protection laws.

(iii) The Publisher Properties will not contain or promote:

a. concepts that are hateful or disparaging towards any race, religion, gender, sexual orientation or

nationality;

b. firearms, bombs and other weapons, explosives or how-to guides for any of the above;

c. any content that contains or promotes illegal activities, including, but not limited to hacking;

d. any content that contains or promotes pornography or graphic sexual depictions;

e. any content that contains, promotes or links to indecent, obscene or highly explosive subject

matter;

f. any content that facilitates or promotes illegal file-sharing (MP3s, copyright protected video, or

the equivalent), adware, spyware, malware, religious products & services, and are deemed to be

objectionable; and

g. any content that infringes on intellectual and/or industrial property rights of any third party.

(iv) It will provide Distributor on request with access to its ad server for an initial ad server assessment

and additional access to its ad server upon request.

(v) Publisher provides reasonable promotion to the Games to stimulate the growth of revenue;

(vi) Publisher will promote the Games to stimulate the growth of revenue and will utilize only

Distributor-approved methods for generating impressions, clicks, or conversions.

(vii) It will not generate impressions or clicks or conversions on pages or in apps containing Ads through

any method designed to fraudulently, deceptively, or artificially inflate the number of impressions or

otherwise mimic, obscure, or impair legitimate delivery, reporting, or analysis of, or end-user

interaction with, Ads or media through or on which advertising may be delivered (non-exclusive

examples include: a. mimicking valid activity, including through both human and non-human agents;

b. automatic ad refreshing, spawning of pages, or hijacking of an User’s browser; and c. offering

incentives for viewing Ads).

(viii) it has met and will continue to meet its obligations under the GDPR and other applicable data

protection laws.

(ix) it will not include Ads in a browser window generated by an adware, spyware, malware, or

P2P/file-sharing application.

(x) it will not integrate any websites, ads, or other content containing software viruses, crypto mining

plug-ins, worms, Trojan horses, or other harmful or resource capturing computer code that interferes

with or disrupt the integrity or performance of User’s device into the Publisher Properties;

(xi) Publisher shall maintain compliance with all conditions necessary for the monetization of the Games,

including, but not limited to, the regular updating and correct implementation of the Tags. Publisher

must ensure that such Tags are updated in accordance with the specifications and timelines directed

by Distributor.

(xii) it will comply with all applicable laws, including the DSA, and maintain appropriate internal

procedures to monitor compliance. Publisher shall implement measures to prevent the dissemination

of illegal content and will cooperate fully with Distributor in managing notices and complaints related

to content hosted on Publisher Properties.

6.3 Publisher will fully defend, indemnify, and hold the Distributor harmless from and against any and all liabilities,

losses, damages, government actions, penalties costs and/or expenses (including legal fees and expenses)

associated with any claim or action brought against the Distributor or its affiliates regarding a breach of above

mentioned representations and warranties.

6.4 .Publisher acknowledges that the Distribution Platform and any advertising, information, data, Tags, SDK, or

Game thereon are provided “AS IS”. Except as expressly provided in this Agreement, Distributor disclaims any

and all representations and warranties with respect to the Distribution Platform and all advertising, information,

data, Tags, SDK, and Game thereon, including without limitation, any implied warranties and any warranty of

continuous, uninterrupted, bug-free, secure, or virus-free access to the Distribution Platform and/or any of its

advertising, information, data, Tags, SDK, and Game

6.5 Distributor’s total aggregate liability in connection with an attributable failure to fulfil any obligations under the

Agreement, a wrongful act and/or any other legal grounds, for any kind of damage including claims of third

parties, including data subjects, and regulatory authorities, will be limited to the amount of revenue share paid out

by Distributor to Publisher in the previous three (3) months prior to the date the alleged failure to fulfil any

obligations under the Agreement and/or the wrongful act first arose, but in no event to exceed €10,000 (ten

thousand euro). Distributor is not liable for any indirect, special or consequential damages, including, without

limitation, any loss or damage to business earnings, lost profits or goodwill, suffered by any person. Distributor

will have no obligation or liability to the Publisher if a claim is made with the competent court after a period of one

(1) year from the date on which Publisher was aware or could have been aware of the facts on which the claim is

based.

6.6 The restrictions to the liability as included in this article shall also apply in favor of all Third-Party Suppliers

that Distributor engages for the performance of this Agreement.

6.7 The limitations of liability in this Agreement are not applicable in case of willful misconduct or gross

negligence (opzet en bewuste roekeloosheid).

7. TERM AND TERMINATION

7.1 This Agreement will be entered into for indefinite duration (the “Term”), with each Party able to terminate this

Agreement with thirty (30) days’ notice at any time.

7.2 In addition, either Party may terminate the Agreement before the end of the Term if:

(i) the other Party materially breaches a term or conditions of the Agreement and fails to cure such

breach within ten(10) business days of written notice specifying the breach;

(ii) the other Party is put into liquidation or has ceased to conduct its business;

(iii) the other Party requests or obtains (provisional) suspension of payments or is declared bankrupt;

(iv) the other Party loses command over its assets or part thereof due to seizure, by being placed under

trusteeship or in any other way, and such command is not returned within thirty (30) days after the

loss thereof;

(v) it can be reasonably expected that the other Party can no longer meet its obligations under this

Agreement.

(vi) The other Party is found to be in violation of its respective obligations under the GDPR and other

applicable data protection laws, or its contractual data protection commitments.

7.3 Notwithstanding with the Section 7.2 of this Agreement, Distributor may terminate this Agreement, in whole or

in part with immediate effect and without any liability for damages in the case where: (i) the Games or any related

services or part thereof infringes any third party rights or is in violation of any applicable laws or regulations, ii)

the warranties of Publisher as set out in the Agreement are not fulfilled, (iii) in case there is a direct breach of any

general terms of this Agreement by the Publisher that materially affects the ability of the Distributor to operate

legally or effectively;

7.4 The termination grounds referred to in 7.2 and 7.3 do not prejudice the causes for termination and relating

remedies arising from law.

7.5 Obligations, which, according to their nature, are destined to continue also after the termination of this

Agreement, will survive any termination of this Agreement.

7.6 Publisher will, immediately upon the effective date of termination, remove all Games from Publisher

Properties.

8. SANCTIONS

8.1 Without limiting any previously stated compliance obligations herein, Publisher hereby represents and

warrants that:

(i) neither Publisher, nor any person(s) or entity(ies) owning or controlling (whether individually or

collectively) 50% or more of Publisher, is a Sanctioned Person,

(ii) neither Publisher nor its agents, directly or knowingly indirectly: (a) has transacted any business with,

provided or received any services to/from, or otherwise acted for the benefit of any Sanctioned Person; or (b) will

transact any business with, provide or receive any services from, or otherwise act for the benefit of any

Sanctioned Person.

(iii) it is compliant with the Sanctions.

8.2. Publisher covenants that it shall, in fulfillment of its obligations in this Agreement, follow reasonable

procedures and conduct appropriate due diligence to assure that it does not engage, formally or informally, with

any Sanctioned Person in connection with its performance under this Agreement. Publisher agrees that if such

activity is identified or if Publisher itself becomes subject to any Sanctions whether directly or because of 50% or

more ownership by one or more Sanctioned Persons), it will immediately notify Distributor, which may, in its sole

discretion, immediately suspend or terminate this Agreement and/or any agreement between the Parties, without

limiting any other right, without liability and without a notice period.

9. MISCELLANEOUS

9.1 Distributor will provide the services under this Agreement, including the provision of In-Game Ads and

In-Game Purchases, the Tags and the Games to the best of its knowledge and capabilities, and in a professional

and workmanlike manner in accordance with generally accepted industry standards, but cannot and does not

warrant or guarantee that the Games will be available at all times or operate error free, or that Publisher will

receive a guaranteed level of Publisher Revenue Share from exploitation of In-Game Ads and In-Game

Purchases through the making available of Games on the Publisher Properties. More specifically, Distributor

makes no warranties or representations about, and assumes no liability or responsibility for: (i) Tags results

and/or any third party ad-serving content products or services, (ii) any errors, mistakes, or inaccuracies

incorporated into its services and/or any third party ad-serving content products and/or services, (iiI) any

interruption or cessation of transmission to or from Distributors services, the Games, and/or In-Games Ads and

In-Game Purchases, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through

Distributor, the Games, In-Games Ads and/or In-Game Purchases, or (v) any partial removal and/or termination

of the availability of the Games, the In-Games Ads and/or In-Game Purchases at any time whatsoever. In the

case of Invalid Traffic or Fraud, deductions and recalculations regarding In-Game Ads Revenue may be required,

and Distributor reserves the right to adjust the Publisher Net Revenue within 90 days if Invalid Traffic or Fraud is

reported.

9.2 The Parties hereto are and will remain independent contractors. Nothing herein will be deemed to establish a

partnership, joint venture, or agency relationship between the Parties. Neither Party will be deemed to be an

employee, agent or legal representative of the other Party for any purpose, and neither will have any right, power

or authority to create any obligation or responsibility on behalf of the other Party.

9.3 Except as expressly and unambiguously allowed herein, or provided by the relevant privacy statements of

GameDistribution or any of its group companies, or provided by the relevant privacy statements of

GameDistribution or any of its group companies, each Party will hold in confidence and not use (other than

necessary for the proper performance of this Agreement or by the relevant privacy statements of

GameDistribution or its Third-Party Suppliers) or disclose any Confidential Information and will similarly bind its

employees and contractors in writing. “Confidential Information” means all information disclosed by a party to

the other party, whether orally or in writing, that is designated as confidential or that reasonably should be

understood to be confidential given the nature of the information and the circumstances of disclosure. Excluded

from the definition of Confidential Information is information that:

(i) Is or becomes publicly known (other than through unauthorized disclosure);

(ii) disclosed by the owner of such information to a third party free of any obligation or confidentiality;

(iii) was already known by the other Party without an obligation of confidentiality;

(iv) is rightful received by the other Party free of any obligation of confidentiality; or

(v) is mandatorily required by law or order of a court, administrative body or other governmental body to

be disclosed by the receiving Party.

The Parties' obligations with respect to Confidential Information will remain in effect for ten (10) years from the

date of last disclosure made by any Party.

9.4 Publisher will not assign, transfer, encumber or otherwise dispose of the Agreement without the prior written

approval of Distributor. Any attempted assignment, transfer, encumbrance or other disposal of the Agreement by

Publisher in violation of this provision will constitute a material default and breach of this Agreement. Except as

otherwise provided, this Agreement will be binding upon and inure to the benefit of the Parties' successors and

lawful assigns.

9.5 Distributor is entitled to suspend its services under any Agreement during the period that Publisher is in

breach of Publisher’s warranties and obligations in this Agreement.

9.6 Distributor is allowed to transfer its legal relationship with the Publisher to a third party. Publisher gives

hereby gives it irrevocable permission in advance for such a transfer.

9.7 No Party will be deemed in default hereunder for any cessation, interruption or delay in the performance of its

obligations due to causes beyond its reasonable control, including but not limited to: earthquake, flood, or other

natural disaster, act of God, labor controversy, pandemic, civil disturbance, war (whether or not officially declared)

or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the

conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (each a

“Force Majeure Event”). Each Party will have the right to terminate the Agreement immediately upon written

notice if any Force Majeure Event of another Party continues for more than thirty (30) days.

9.8 A Party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement will not

operate as a waiver thereof; nor will any single or partial exercise of any right, power or privilege preclude any

other or further exercise thereof.

9.9 This Agreement may be periodically updated and the current version will be published on the Distribution

Platform. You will be notified of any significant changes to the Agreement through clear notice on the Distribution

Platform or via email, if an email address has been provided. Your continued use of the Distribution Platform after

a revised Agreement has been published on the Distribution Platform constitutes Your acceptance of its terms.

However, if You do not agree with the updated terms, You have the right to stop using the Distribution Platform.

9.10 Without prejudice to the foregoing, Distributor may at its sole discretion at any time take-down the

Distribution Platform or remove or change the Games or any part thereof from the Distribution Platform, or to

require adjustments to the Games, for any reason whatsoever and Distributor is not required to provide Publisher

with any reasoned motivation in connection with such take-down, removal, change or required adjustment. In

case of a take-down or removal, Publisher will remove without delay such specific Games or links to such Games

from Publisher Properties upon first notice of Distributor.

However, the license regarding each specific Games terminates, with immediate effect, if the Distributor removes

such specific Games from the Distribution Platform for any reason whatsoever. In such a case, Publisher will

remove such specific Games from Publisher Properties upon first notice of Distributor.

9.11 The applicability of the Publisher’s general or special terms and conditions, however named, is hereby

expressly rejected.

9.12 In the event of technical issues or questions regarding any actions taken under this Agreement, You may

contact Our support team for assistance and further evaluation.

9.13 Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such

jurisdiction, be ineffective only to the minimum extent necessary without invalidating the remaining provisions of

this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction and Parties will

in good faith negotiate to replace the invalid/unenforceable provisions with valid/enforceable provisions.

9.14 This Agreement will be governed by the laws of The Netherlands with the exclusion of its conflict of laws

rules, including the UN Convention on Contracts for the International Sale of Goods (CISG). Disputes, claims and

all other issues arising out of or in connection with this Agreement or further contracts resulting thereof will be

submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.