0. Definitions and Interpretations
"Agreement" shall mean the understanding and acknowledgment of the listed Terms and Conditions below.
"Affiliate" shall mean the entity or individual that willingly becomes part of this Affiliate Program.
"AffAlliance" shall mean "Us", the provider and agent to use the casino platforms.
"Affiliate Program" shall mean the joint cooperation between "AffAlliance" and the "Affiliate", where the Affiliate will promote the Casino platforms on his website(s) or any other electronic promotional way and will generate new depositors for the Casino platforms. The "Affiliate" will be compensated for his work by a net revenue commission, defined under this agreement and based on the amount deposited by new registrants to the casino platforms.
"Affiliate Website(s)" shall mean the website(s) uploaded on the World Wide Web and controlled, supervised and maintained for commercial purposes by the "Affiliate".
"Casino platforms" shall mean the Casino websites operated by "AffAlliance".
"Commission" shall mean the revenue distributed to the "Affiliates" as the payment for his promotional work in the commission structure defined beforehand.
"The company" shall mean "AffAlliance" and all its dependencies whether websites or registered companies, whether financially reliant or superior independently linked entities.
"Confidential Information" shall mean any piece of information with a financial, essential or commercial value for all or some of the Parties. It includes customers' details, general records, reports financial or practical and conditions as well as know-how, prices, "trade secrets" and sale information, company data, database in general, operational and marketing strategies.
"Property Rights" shall mean any copyrights, domain names, business names, trademarks, inventions, rights in computer software, patents, brands, service marks, utility brands, source codes, design rights, rights in databases and general or specific know-how.
"Links" shall mean the content of a hypertext from an Affiliate Website(s) to the Casino platforms.
"New Customer/ New player/First Time Depositor-FTD" shall mean a new registrant of the casino platforms managed by "AffAlliance", referred from an "Affiliate" website(s) or other electronic sources, which will, after registration deposit in real money for the first time, the minimum amount of 25, whatever the currency. The "New customer" will have to comply with the internal terms and conditions from each of the Casino platform for his registration and deposit to be considered valid as far as the affiliate's commission is concerned.
"Party" shall mean anyone working, participating, supplying, promoting, cooperating or joining "AffAlliance" with software, promotional electronic and non-electronic material, publicity paid or not, operational advice, operational devices and general or specific services in relation to the casino platforms and AffAlliance, from a distance or close up. The plural "parties" may be used under the same terms.
(1) By signing up to the Affiliate program, "AffAlliance", the Affiliate acknowledges, and subscribes with all the terms and conditions of the Agreement. (2) This Agreement will bind the Affiliate as soon as the application submitted electronically through the site, but will only come into effect once AffAlliance has approved the application.
The Affiliate confirms and assures:
(1) He has complete authority and ability as well as the necessary permits, consents and licenses to accept and fulfill this agreement;
(2) He is permitted according to local jurisdictions to operate and to carry out the activities related to AffAlliance, as defined in this agreement;
(c) He fully acknowledges and accepts the terms and conditions of this agreement.
C. AffAlliance rights and obligations
(1) AffAlliance will assess the affiliate and his application and will notify via email or other electronic ways the affiliate regarding the acceptance. AffAlliance reserves the right to decline applications for any reason or may request further information about the affiliate.
(2) After accepting the affiliate request to join the program, a deal will be set up and your affiliate manager will guide you through the back office and retrieve all necessary materials for the promotion of our brands. Your affiliate manger will respond to your needs throughout all the process.
(3) AffAlliance will be responsible for all services related to marketing of the casino platforms, it supplies. AffAlliance will be responsible for providing the affiliate with the best and latest information about the casino platforms as well as the marketing material necessary, as expected in a affiliate program /affiliate partnership, like mailers, banners, links, landing pages, etc.
(4) AffAlliance will manage the general administration, the players, the deposits, the retention, the affiliate's commissions, keep of logs and statistics and everything related to the use of its casino platforms, generated by the affiliate via the affiliate's websites, whether or not the source was the material provided by AffAlliance. AffAlliance will do its upmost to provide the fullest and most complete commission statistics to its affiliates.
(5) AffAlliance will manage all aspect of the customer service in relation to the nature of the company's business. AffAlliance will make sure a unique tracking identification code will be tagged to all New Customers from its affiliate.
(6) AffAlliance will be responsible for paying the affiliate's commissions based on the referred new customers sent/redirected to the casino platforms, in concordance with the deal set beforehand with the assigned affiliate manager.
(7) AffAlliance reserves the right to decline, alter, close or cancel its affiliate program, and/or modify the provisions of this agreement at any time. AffAlliance view as suitable under the following circumstances: legal reasons, acquisition, bankruptcy or merge. All parties and affiliates will be notified in writing, should such cases arise. The written notification will be given by email or any other electronic ways usually used to communicate with the affiliates.
(8) In addition, AffAlliance cannot be held responsible for any direct or indirect costs, damages or losses sustained by the affiliate, any losses due to business interruption, even if such losses should originate from AffAlliance being unable to run its Affiliate Program as defined in this agreement, whether it is AffAlliance´ s fault or whether it is a third party´s fault.
(9) AffAlliance reserves the rights to define, at its sole and complete discretion, when potential new depositors shall be validated or not. AffAlliance shall, again at its sole and complete discretion, be qualified to define when a new depositors' account be cancelled if it deems needed to keep in line with the internal casino platforms' policy and/or to protect its interests.
D. Affiliate´s Obligations and Rights
D.1. The affiliate confirms and assures:
(a) He has the obligation to be actively promoting, using all the marketing tools at its disposal and making its best efforts to optimize exposure and traffic to the casino platforms managed by AffAlliance.
(b) to work from provided links, marketing material, advertising or promotion by AffAlliance only for the promotion of the casino platforms and no other material relating to AffAlliance unless given written permission.
(c) He agrees to promote and send potential new depositors to the casino platforms at its own financial charge.
(d) His marketing and promotional activities should be conducted to a high professional level, in compliance with the general regulations of this agreement. AffAlliance reserves the right to assess each affiliate's work at its own discretion, and decide terminating its partnership.
(e) to use links supplied only by AffAlliance within the range of the affiliate program.
(f) He is solely in charge for the upkeep and improvement of the affiliate website(s).
(g) to manage its website(s), company or business in a way that reflects positively on AffAlliance and its casino platforms.
(h) to uphold a proper, legitimate and professional activity in relation to its website(s) or any other electronic promotional ways as well as decent content.
(i) He will use, on its website(s) or on any other electronic promotional ways, material deemed obscene, libelous, unlawful, discriminatory or otherwise unsuitable or which contains pornographic, obscene sexually explicit or graphically violent materials.
(j) He will make all possible efforts to restrict players, who are under the legal age for gambling, and will not appeal, expose or provide gambling in any way for people at risk or considered unfit for gambling, young people and particularly to children.
(k) He will keep track with AffAlliance of any jurisdiction where gambling and the promotion of our casino platforms is illegal.
(l) He will not send traffic to AffAlliance by fraudulent or unlawful activity, especially but not only:
(l.1.) sending spam;
(l.2.) registering and depositing as a player whether directly or indirectly, meaning, you or any next of kin may register or deposit. It will be deemed as fraud onto the casino platform and onto this agreement as an affiliate
(l.3.) misrepresentation of the affiliate website(s) in a way it may be confused or imply AffAlliance and its casino platforms are connected on a level other than such described in this agreement.
(m) He will be subjected to the promotional material available online that will be forwarded by AffAlliance. The affiliate should not use any trademarks or other Intellectual Property Rights from AffAlliance and its casino platforms unless AffAlliance agrees to such use in advance and in writing. It includes the registration and usage of domain names managed by AffAlliance containing or misspelling the names of its casino platforms, also buying ppc (search traffic) based on those domains/names/words.
D.2. AffAlliance reserves the right to block the affiliate's account and/or withhold, for an unlimited time, money from the affiliate if any traffic is considered to have been referred through unlawful/ fraudulent channels or in breach of the terms and conditions of this agreement.
(1) AffAlliance shall pay its affiliate a commission as agreed below. The commission may be based, according to the deal agreed beforehand with the affiliate manager, on the number of new depositors (CPA), or on the net gaming amount spend by its players at the casino platforms (rev.share), or a combination of both, or a prepayment for a specific project. This list is non-exhaustive. All deals must be closed before the traffic is sent between the affiliate and AffAlliance or its affiliate managers. Payments methods must be indicated before the traffic being sent. Affiliates will be given to fill up their banking details; on no account, should an employee of AffAlliance alter, change, fill up or update those details, it is the sole responsibility on the account holder or the affiliate.
(2) The commission awarded by AffAlliance to its affiliate, is calculated on a monthly basis, from the first to the last day on the month. The calculation and payment will take place between the first (1st) and the tenth (10th) day of the following month. Please take note, payments will need to reach a certain amounts in order to be sent, various payment methods will trigger different minimum amounts. Amounts too small to be sent, will be credited onto the next month. Various payments methods will trigger different fees, it is the responsibility of the affiliate to check upon those fees, before requesting a payment. The banking fees will be paid by the affiliate. For any payment to be sent, a request will have to be forwarded to AffAlliance or its employees. Affiliates not requesting monthly payments will cumulate the commissions onto the following month(s). The official currency for all transactions between AffAlliance and its affiliates are in American US dollar $.
(3) In case the affiliate does not agree with his commissions, he must notify AffAlliance within two (2) weeks submitting as clearly as possible about the disagreement in question. The affiliate will find contact methods on the website or through his affiliate manager.
(4) The acceptance of payment by the affiliate will be considered as the full and final settlement of the balance due for the appropriate period.
(5) AffAlliance may freeze, at its sole discretion, the payment of any commission to the affiliate for up to one hundred-and-eighty (180) days if AffAlliance deem relevant to investigate and cross-check all the transactions comply with the present agreement.
(6) The affiliate agrees to return the monies of commissions sent to his account based on falsified or fraudulent. It can be deducted fromfuture commissions until all the funds have been repaid in full.
(7) The affiliate assumes full responsibility to pay any charges related to social security contributions (taxes, levies, fees, charges and any other money payable both locally and abroad to any tax authority) on his commissions received under this agreement. Under no circumstances whatsoever, AffAlliance will be held liable for any unpaid amounts found to be due by the affiliate and may have to compensate AffAlliance.
(8) The affiliate acknowledges he may be given the opportunity to renegotiate its commission structure, at the sole discretion of AffAlliance.
F. Marketing Material
(1) The affiliate is given a restricted, non-exclusive, revocable, nontransferable right to display the marketing material supply within the range of AffAlliance on their affiliate website(s) during the duration of the agreement. The affiliate should not have any other use of the marketing material. The use of the promotional material has to be professional, proper and lawful under applicable laws. In case of doubt, the affiliate must not be entitled to sublicense or assign any right of use (in whole or in part) of the rights given.
(2) The affiliate must not modify or alter any of the promotional material without the prior permission of AffAlliance authorized in a written form.
(3) The affiliate accepts and agrees using the Internet and AffAlliance Program is at its own risk. AffAlliance cannot guarantee the accessibility of the casino platform managed by AffAlliance for any particular location or time. AffAlliance will in no case be liable to the affiliate or anyone related or not to the affiliate for inaccuracies, errors, omissions, or losses, caused in whole or in part by failures, delays or interruptions of AffAlliance program.
(4) For the duration of this agreement, all promotional materials shall be prominently displayed, as agreed between AffAlliance and the affiliate, on the affiliate website(s).
(5) The affiliate must make every effort to safeguard AffAlliance' intellectual property rights. The affiliate must not undermine nor act in a way which is inconsistent and harm AffAlliance ownership of any of the trademarks contained in the promotion material or in the license. The affiliate must not attempt to use such trademarks as its trade name or company name, register, or challenge any logo, design, name, mark, websites or other promotional material similar or prone to confusion with AffAlliance' intellectual property.
(6) Moreover, AffAlliance reserves the right to cross-check the affiliate website(s) in order to make sure it complies with the terms and conditions of the present agreement and the affiliate acknowledges supplying AffAlliance with all reasonable data required to accomplish this monitoring.
(7) The affiliate will not take actions which will cause confusion in relation to his partnership with AffAlliance and its casino platforms.
(1) This agreement may be suspended, cancelled or terminated without cause by either party with a thirty (30) days written notice via email to the other party. No other charges will be applied in this process. In case, AffAlliance stops offering its online gaming services to its customers through its casino platforms website this agreement will terminate automatically.
(2) In the case of breach of terms from the Affiliate part, AffAlliance will be entitled to terminate the present agreement with immediate effect by notifying in writing the affiliate.
(3) AffAlliance the right to terminate the present agreement with immediate effect by notifying in writing the affiliate in the following cases: 3.a.) AffAlliance may determine whether suspicious betting patterns and may suggest activity where new depositors, are benefiting from incentives from the affiliate to recoup losses and/or other fraudulent activities. AffAlliance reserves the right to withhold any funds/ commissions accumulated from such actions.
3.b.) In case the affiliate ceases to do business because of financial or legal reasons, beyond his control or unexpected.
(4) Both parties agree, when the present agreement is being terminated, all rights and licenses given to the affiliate will stop immediately, and the affiliate will stop using the use of any trademarks, service marks, logos and other designations for AffAlliance. The affiliate will remove all references to the casino platforms managed by AffAlliance from his website(s) and close any promoting or marketing activity of the brands.
(5) The affiliate will owed the already earned and unpaid commissions after the effective date of termination, if the termination has not been a breach of contract by the affiliate.
(6) The affiliate shall not be due any reimbursement for promoting, advertising, market development, investments or other costs run before any termination of the present agreement.
(7) If the present agreement is cancelled due to a breach by the affiliate of any terms and conditions listed, AffAlliance may be entitled to keep unpaid commissions as the termination date for any claim arising from such breach.
(8) Upon the termination of this present agreement, the affiliate will be have to return any sort of information confidential or not which are in the affiliate's custody, control and possession.
(9) The affiliate will not hold AffAlliance from any previous or future obligations or liabilities occurring or arising after the date of termination. Nevertheless, it will not dispense the affiliate from any liabilities arising from a breach of the present agreement, which happened prior to the termination of the present agreement and/or to any liabilities arising from a breach of confidentiality even if the breach occurs thereafter the termination of the present agreement. Moreover, the affiliate's responsibility of confidentiality towards AffAlliance under the present agreement must be kept and carried on after the termination of the present agreement.
(1) All information is confidential and must not be exploited for the affiliate's own interest or any other purposes, or disclosed to any person or entity. The affiliate acknowledges he will not use the confidential information for any other purposes than its obligations under the present agreement.
(2) All information is confidential and is provided and available by AffAlliance under the present agreement and it must remain the sole and exclusive property of AffAlliance.
(3) The confidentiality clause must be kept and carried on thereafter the termination of the present agreement.
I. Intellectual Property
(1) The present agreement will not award either party any title, right or interest in the intellectual property rights from the other party. Meaning, nothing in the present agreement shall represent or establish the right to any license, assignment, transfer or any other right to any intellectual property rights.
(2) During or after the time of the term of the present agreement, a party shall never try to challenge, assist, attempt or allow others to register the intellectual property rights or any similar rights to the intellectual property rights of the other party or of any companies belonging or in commercial, legal relation with AffAlliance.
J. Partnership between the Parties
(1) The present agreement must not allow considering either party as an agent, employee or legal representative of the other party. The present agreement must not present either party an implied right, power or authority to enter into the present agreement, commitment or to impose any obligation on behalf of the other party.
(2) The affiliate shall not transfer or assign its obligations or rights under the present agreement without the written consent of AffAlliance.
K. Law and Disputes
(1) The present agreement shall be interpreted in accordance and will be governed by the laws of Cyprus.
(2) Each party submits to the Cyprus Arbitration Centre, Cyprus, over any matter, claim or dispute under or connected with the present agreement and/or its implementation.
(3) The affiliate shall treat all information disclosed during any case processed by the Cyprus Arbitration Centre, absolutely confidential, this will apply during the proceedings as well as thereafter.