TERMS AND CONDITIONS
Before you can proceed with registration, please accept the terms and
conditions below.
If you wish to participate in our Affiliate program, indicate your
agreement to do so by clicking the “I Agree” button below. Additionally, by
accessing and utilizing any of Gaming affiliates Marketing Tools or accepting
of any reward, bonus or commission whether contained in this agreement or
elsewhere on our website, you are deemed to have agreed to be bound by all the
terms and conditions set out in this agreement. For purposes of clarity, the
terms “we” and “us” refer to Gaming affiliates and “you” and “Member” refers to
the other party to the contract formed by the acceptance of these Terms and
Conditions. The term “Merchant” is defined as any company that has contracted
Gaming affiliates to promote their Site(s) and/or products. The contract
provides you with the non-exclusive right to direct users (“Visitors”) from
your site or sites to the Merchant’s websites, in return for the payment of
commissions and referral bonuses as specified below.
ENROLLMENT
To enroll please read this Agreement and then submit a complete Gaming
Affiliates Member Account application to us via our Web site. We will evaluate
your application and notify you whether your application was accepted. Your
application will be rejected if we determine, in our sole discretion, that your
site is unsuitable for any reason, including but not limited to, sites that are
under construction, 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, or violate intellectual property rights.
MEMBER AGREEMENT
During the term of this arrangement (which shall commence when you
indicate your acceptance in the manner specified above, and shall end when
either you or we notify the other, by email, of the termination of this
Agreement), you shall display a banner or banners provided by Gaming Affiliates
on your site (the “Member site”) as a hyperlink to direct Visitors from the
Member Site to the Merchant’s Sites, using distinct URLs supplied by Gaming
Affiliates exclusively for linking (the “Supplied Banners”).
The Merchant’s banners and/or text links shall be displayed on the
Member site. Members can also provide descriptive information regard the
Merchant Sits(s) on its websites(s). If the content on the member site is found
to be inaccurate or outdated, then we may notify you of any changes to your
Site(s) that we feel should be made. The relationship specified in this
Agreement is non-exclusive for both parties; therefore, the Member shall be
entitled to display the banners of and provide links to, sites of other
companies through the Member site, and Gaming Affiliates shall be entitled to
make the Merchant’s banners available through online and other services than the
Member site.
DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL
As a Member, you will have access through Gaming Affiliates’ site to a
variety of graphic and textual links (each of these links sometimes being
referred to herein as “Links” or, individual, as a “Link”.) Gaming Affiliates
and the Merchant hereby grants to the Member 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): Gaming
Affiliates’ and the Merchant’s banners, name, site name, and other related
textual and graphic material are made available by Gaming Affiliates and/or the
Merchant to the Member for the express purpose of inclusion on the Member’s
site from time to time (collectively, the “Merchant’s Material”) and for the
specific purposes authorized above. Gaming Affiliates and the Merchant
authorize the Member to advertise and promote their respective promotional
material. The copywriting of promotions may not be modified nor misrepresented
by the Member. Gaming Affiliates and the Merchant also authorizes the Member to
refer, in the Member’s advertising and promotions, to the fact that the Gaming
Affiliates and Merchant’s sites are accessible through the Member site,
provided that any such statement:
(a) does not include any trademarks, service marks, design
marks, symbols and/or other indicia of origin of Gaming Affiliates or the
Merchant other than Gaming Affiliates or the Merchant’s Site(s) name and/or
site names in a non-distinctive typeface (specifically, not the typeface used
in the logo design of any of Gaming Affiliates’ or the Merchant’s mark);
(b) does not state, suggest, or imply, by the wording or
prominence of such statement or otherwise, that the Merchant sponsors,
authorizes, and/or is the source or origin of the Member site; and
(c) does not disparage Gaming Affiliates or the Merchant, its
products, services, or members. All use of the Gaming Affiliates or Merchant’s
Materials hereunder shall inure to the benefit of the Merchant and shall not
create any rights, title or interest in them for the Member. No other use of
the Gaming Affiliates or Merchant’s names, trademarks, service marks, design
marks, symbols and/or other indicia of origin or other designations confusingly
similar to any of the foregoing may be made by the Member for any purpose
without the prior written approval of Gaming Affiliates or the Merchant. As
between the Merchant and the Member, the Merchant owns, and shall continue to
own exclusively, all right title and interest (including without limitation,
all rights provided under the law of copyright and trademark) in and to the
Merchant’s Materials and all names, trademarks, service marks, design marks,
symbols and/or other indicia of origin therein throughout the world and in
perpetuity, subject to the permissions granted in this Agreement.
MAINTAINING LINKS
You agree to fully cooperate with us in order to establish and maintain
the Links between Your Site and the Gaming Affiliates Site or the Merchant’s
Site(s). The maintenance and updating of Your Site will be your responsibility.
The graphics and/or text associated with the Links to the Gaming Affiliates
Site or the Merchant’s Sites will be updated periodically and it will be
necessary for you to update the content of Your Site accordingly on a regular
basis. Please be aware that we have the right to monitor Your Site at any time
to determine if you are following the terms and conditions of this Agreement
and to notify you of any changes to Your Site that we feel should be made. You
are not permitted to mask the destination URL information or use any other technique
that may mask or hide the Gaming Affiliates or the Merchant site URLs.
SMS MARKETING
You are not permitted to promote your own copy for SMS marketing that
has not been signed off by Gaming Affiliates. You are responsible for the
contents of your text messages and the consequences thereof. You agree not to
use Mobile SMS Marketing to send any text messages without prior Gaming
Affiliates written permission. You agree not to use Mobile SMS Marketing to
send any text messages that are not based on customer opt-in or material that
are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or may otherwise constitute a criminal offense, give rise to civil
liability or otherwise objectionable material of any kind or nature or that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law, regulation or court order. Gaming Affiliates reserves the
right to terminate your account without prior notice if Gaming Affiliates
becomes aware of and determines, in its sole discretion, that you are violating
any of the foregoing guidelines.
COMMUNICATION TO MEMBERS
By signing up to Gaming Affiliates you agree to receive a variety of
material from Gaming Affiliates and its partners. If you choose to opt out of
our communications Gaming Affiliates and its Merchants will not be responsible
for any damages that may occur from members opting out of communications.
GOOD FAITH
You will not knowingly benefit from known or suspected traffic not
generated using accepted Internet marketing practices whether or not it causes Gaming
Affiliates or the Merchant harm. Should fraudulent activity, knowingly or
otherwise, arise from a person directed to Merchant’s site via your link, we
retain the right to retract the commissions paid to you at any time. Our
decision in this regard will be final and no correspondence will be entered
into. We reserve the right to retain all amounts due to you under this
Agreement if we have reasonable cause to believe that such traffic has been
caused with your knowledge
COMMISSIONS AND REFERRAL BONUS
You shall be entitled to a commission as outlined below:
First 3 months: 35% of Net Gaming Revenue
After 3 months the deal will be close via or:
Up to £ 5000.00, Earn 35 %
Between £ 5000.01 –>£ 15000.00, Earn 40 %
Between £ 15000.01 –>£ 999999.00, Earn 45 % Revenue
The above commission groups are subject to change at the discretion of
the merchants. In the case of any change, a prior notice would be given to the
Members (affiliates).
The Net Gaming Revenue is calculated as below: Net Gaming Revenue: Cash
Bet – Cash Won – Jackpot Contributions – Bonus – Processing Fees – Any
Royalties – ID Checking Fees – Admin Costs – Operating Costs – POC Taxes/Duties
Commission payments are made by the 20th of every month for previous
month’s commission. Please note that commission payments are subject to minimum
payment threshold depending on the method of payment chosen by you. The minimum
thresholds for commission payment are as below:
Bank Transfer: £/$ 500
Electronic transfer: £/$/ 500
Pay Pal: £/$ 100
Skrill : £/$25
In case, the Member (affiliate) does not reach the minimum threshold as
required by the method of payment chosen by the Member in any particular month,
the commission amount will then be rolled over to the following month until the
minimum threshold is reached.
We do not carry over negative commissions for the following month(s). We
also do not bundle earnings. Each product is considered a separate business for
revenue share purposes.
HIGH ROLLER & FREE SPINS POLICY
As we do not carry over negative balances, we also have a duty to the
program and to all our webmasters to ensure we maintain fiscal liquidity. We
have labeled this section a High Roller & Free Spins Policy area and we
want to clarify our approach to this.
We will not pay commissions based on a player win. What we mean by this
is as follows. If Player A in month 1 wins €10,000 and causes Affiliate A into
negative revenue for the month, we will not penalize the partner. If the player
then proceeds to play back the funds in the following month, a positive balance
will be generated from no deposits on behalf of the player. As we have already
accepted a loss on the player in month 1, we are not willing to put the program
at risk by making a payment on the amount that the player has won in month 1
for earnings in month 2. Affiliates who are not happy with this are able to
talk to us and we are able to implement a commission plan that will carryover
negative balances.
Any winnings on Free Spins over the amount of €20 will not count towards
earnings.
We will liaise with partners when this happens on accounts and will
identify the relevant players.
MEMBER REWARD PROGRAMS
To participate, you must be an active Member in good standing with Gaming
Affiliates. Members participating in any reward program agree to be bound by the
decisions of Gaming Affiliates, which will be final and binding in all
respects. All interpretations of the Rules and decisions by Gaming Affiliates
are final. Gaming Affiliates reserves the right to terminate any and all Member
Rewards programs for any reason, including, but not limited to, if for any
reason the Rewards Program is not capable of running as planned or if the
administration, security, fairness, integrity, or proper conduct of the Rewards
Program is corrupted or adversely affected, including by reason of infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond Gaming Affiliates’ control. Gaming
Affiliates reserves the right to cancel, terminate, modify or withdraw the
Reward Program without prior notice and without liability to the Member.
All taxes, fees, and surcharges, if any, on Rewards are the sole
responsibility of the prize-winner. Acceptance of a prize constitutes
permission for Gaming Affiliates and its advertising and promotional agencies
to use the recipients name, photograph and/or likeness for advertising and
promoting and publicizing the services of Gaming Affiliates in any medium
without compensation, unless otherwise prohibited by law.
Members release and hold harmless Gaming Affiliates and their Merchants
and their respective members, subsidiaries, directors, officers, agents,
employees, and all others associated with the development and execution of the
Reward program from any and all liability with respect to or in any way arising
from the Reward program and the awarding, use or misuse of the prize, including
liability for personal injury or damage to property including any injury or
damage to Member’s or any other person’s computer.
CONFIDENTIAL INFORMATION
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:
(a) may have received prior to the date of this Agreement,
whether directly from the other or indirectly from third parties; or
(b) may receive hereunder from the other. Each party agrees
that, with respect to its receipt of Confidential Information of the other
party, it shall:
(i) 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;
(ii) accept such Confidential Information and use such
Confidential Information only for the purposes permitted hereunder; and
(iii) 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.
The foregoing restrictions shall not apply to information that:
(a) is or hereafter becomes part of the public domain through no
wrongful act, fault, or negligence on the part of the recipient;
(b) the recipient can reasonably demonstrate is already in its
possession and not subject to an existing agreement of confidentiality;
(c) is received from a third party without restriction and
without breach of this Agreement;
(d) was independently developed by the recipient as evidenced by
its records; and
(e) 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.
LIABILITY
The Member acknowledges that Gaming Affiliates does not advocate or
endorse the purchase or the use of any services offered by the Merchant through
the Merchant’s sites or through its software, nor does it guarantee the
quality, fitness, or results of any such service or compliance with any law or
regulation. The Merchant represents and warrants that:
(a) The Merchant has the right to enter into this Agreement and
to grant the rights and licenses granted herein; and
(b) The Merchant’s software, and the reproduction, distribution,
transmission, public performance and public display of the Merchant’s Material
in connection with the Member site, do not:
(i) invade the right of privacy or publicity of any third
person; or
(ii) contain any libelous, obscene, indecent or otherwise
unlawful material.
The Member represents and warrants that:
1. The Member has the right to enter into this Agreement;
2. The Member site does not, and the reproduction, distribution,
transmission, public performance and public display of the Member Materials as
permitted herein, do not:
(i) invade the right of privacy or publicity of any third
person,
(ii) contain any libelous, obscene, indecent or otherwise
unlawful material, or
(iii) infringe any patent, copyright or trademark right in any
jurisdiction; and
c. the Member has received no notice of such invasion, violation or
infringement of rights
TERM AND TERMINATION
The term of this Agreement will begin when you download a banner and
link it to our site or the Merchant’s Site(s) and will be continuous unless and
until either party notifies the other in writing that it wishes to terminate
the Agreement, in which case this Agreement may be terminated immediately.
TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of
notification of termination, delivery via e-mail is considered a written and
immediate form of notification. Upon termination:
* You must remove the Gaming Affiliates or Merchant’s banner/s
from your site and disable any links from your site to ours and theirs.
* All rights and licenses given to you in this Agreement shall
immediately terminate.
* You will be entitled only to those unpaid referral fees, if
any, earned by you on or prior to the date of termination. You will not be
entitled to referral fees occurring after the date of termination.
* If you have failed to fulfill your obligations and
responsibilities, we will not pay you the referral fees otherwise owing to you
on termination.
* We may withhold your final payment for a reasonable time to
ensure that the correct amount is paid.
* If we continue to permit activity (generation of revenue) from
customers after termination, this will not constitute a continuation or renewal
of this Agreement or a waiver of termination.
* You will return to us any confidential information, and all
copies of it in your possession, custody, and control and will cease all uses
of any trade names, trademarks, service marks, logos and other designations of
our Merchants.
* You and we will be released from all obligations and
liabilities to each other occurring or arising after the date of such
termination, except with respect to those obligations which by their nature are
designed to survive termination, as set out in this Agreement. Termination will
not relieve you from any liability arising from any breach of this Agreement
which occurred prior to termination
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION)
THAT YOUR SITE IS UNSUITABLE.
Gaming Affiliates may choose to cancel an affiliate’s participation in
the program, at its absolute discretion, if the affiliate is in breach of this
contract or if it reasonably believes the affiliate to have behaved in such a
manner contrary to the terms or intent of the program. If the affiliate ceases
to be a member of the affiliate network, Gaming Affiliates reserves the right
to terminate this agreement.
Unsuitable sites may include those that: are 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, or violate intellectual property rights.
For the avoidance of doubt, termination of the agreement will cease any
commission payment that may be earned by the Member from net gaming revenue
generated post the termination of the agreement.
RISK ALLOCATION
Neither party will be liable to the other party (nor to any person
claiming rights derived from the other party’s rights) for incidental,
indirect, consequential, special, punitive or exemplary damages of any kind —
including lost revenue or profits, loss of business, or loss of data — arising
out of this Agreement (including without limitation as a result of any breach
of any warranty or another term of this Agreement), regardless of whether the
party liable or allegedly liable was advised, had other reason to know, or in
fact knew of the possibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
Except as expressly provided herein, neither party warrants that their
respective websites will perform in the manner expected or without
interruption, error, or defect, or that any revenue to either party will result
from the activities contemplated by this Agreement. Except as expressly set
forth in this agreement, neither party makes any warranties of any kind,
express or implied, including warranties of merchantability or fitness for a
particular purpose or warranties against infringement of any intellectual
property rights not specifically enumerated.
ASSIGNMENT
Except as otherwise provided herein, neither Gaming Affiliates nor the
Member may assign this Agreement or any of its rights or delegate any of its
duties under this Agreement, without the prior written consent of the other.
Any purported assignment or delegation without such required consent shall be
null and void.
GOVERNING LAW
This Agreement, its interpretation, performance or any breach thereof,
shall be construed in accordance with, and all questions with respect thereto
shall be determined by, the internal substantive laws of United Kingdom.
SINGLE ACCOUNT
The Member agrees to operate a single Member site with the Merchant’s
Site(s). If Gaming Affiliates should discover, using information it deems
appropriate in the circumstances, that the Member is operating more than one
Member account, this Agreement shall terminate and the Member will forfeit all
rights to commissions and referral bonuses. Several sites may be registered to
the one account; however, the placement of any site banner on a new site, under
the Gaming Affiliates Members Program, MUST be reported by the Member and
cleared by the Gaming Affiliates Support Team beforehand, and failure to do so
may result in the termination of the Member’s account. The Member will also
forfeit all rights to commissions and referral bonuses.
INDEPENDENT CONTRACTORS
Gaming Affiliates and the Member are independent contractors under this
Agreement, and nothing herein shall be construed to create a partnership, joint
venture, or agency relationship between Gaming Affiliates and the Member.
Neither party has the authority to enter into Agreements of any kind on behalf
of the other party.
DISCLAIMER
It is the Member’s responsibility to declare taxes from their Member’s
profits, according to their country’s regulations. It is the merchant’s
responsibility to pay its members and Gaming Affiliates will not be held
responsible for the actions of its merchants in regards to the payment of its
members. Gaming Affiliates is also not responsible for the way cookies are
tracked on the Merchants site or on the member’s site. The maintenance of the
cookie/tracking code is the responsibility of the Merchant. Gaming Affiliates
is strictly a housing software that displays the results of the tracking for
its members
WAIVER
No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent or subsequent breach of the same
or any other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
MODIFICATIONS
Gaming Affiliates may modify any of the Terms and Conditions set forth
in this Agreement by posting the modified Terms of Use at www.Gamingaffiliates.co or at another site it chooses, and by notifying the Member of the modifications
via an email notice. Modifications may include, for example, changes in the
scope of available referral fees, fee schedules, payment procedures, commission
structure, payment threshold and referral program rules. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR
CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.