Version 1.2 is effective from 10.11.2022 and last updated 25.07.2024
These Terms and Conditions constitute the agreement between corgipartners.com (hereinafter (“us” or “we” or “our” or "Affiliate Program") and you (hereinafter "you" or "Affiliate"). Affiliate Program is operated by Fair Game Software KFT, registered address 79 Kossuth Lajos út, Csomád, Hungary, 2161. Registration number: Cg. 13-09-204926.
This Affiliate Agreement sets out the general terms and conditions of the Affiliate Program and is entered into between and is binding upon Alpha Affiliates and the Affiliate.
By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.
We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
1. DEFINITIONS
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by the Company.
1.3 “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
1.4 “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
1.5 “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other third-party website to Company Websites.
1.6 “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.
1.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement;
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise controlled by the Affiliate.
1.9 "Casino Taxes" means an amount of local taxes paid by the Company for each Customer.
1.10 “Company” shall mean by Fair Game Software KFT and any other company within our group of, including our parent companies, their parent companies and all of the subsidiaries of these respective companies.
1.11 “Company Websites” means the website www.corgipartners.com or other such websites (including mirror websites) as may be added to this Affiliate Program from time to time;
1.12 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.
1.13 “Commission Structures” means any specific reward structures expressly agreed between Company and the Affiliate.
1.14 “Confidential Information” means any information of commercial or essential value relating to Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans and manners of operation.
1.15 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature.
1.16 “Net Gaming Revenue” or “NGR” means all monies received by Company from Customers as placed bets, less (a) winnings returned to Customers, (b) 30% of the amount of placed bets minus winnings (administration fees) (с) issued bonuses, (d) net balance corrections including fraud costs and chargebacks, (e) casino taxes. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to Customers referred to Company Websites by the Affiliate Website(s).
1.17 “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites’. This excludes the Affiliate, its employees, relatives and friends.
1.18 “Parties” means Company and the Affiliate (each a “Party”).
1.19 “Personal Data” means any information relating to any person, whether individual or legal, that is or may be identified, directly or indirectly.
2. AFFILIATE OBLIGATIONS
2.1 Registering as Affiliate
To become a member of our Affiliate Program you must accept these terms and conditions by ticking the respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement.
We will, at our sole discretion, determine whether or not to accept an Affiliate Application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate Application has been successful.
You will provide any documentation required by us to verify the Affiliate Application and / or to verify the Affiliate Account information provided to Company at any time during the term of the Affiliate Agreement. This documentation may include but is not limited to: bank statements, individual or corporate identity papers and proof of address.
It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is kept up-to-date at all times. You acknowledge and agree that inaccurate, incomplete or inadequate information provided by you may cause the delay or retention of payment of applicable affiliate earnings.
It is also your sole responsibility to ensure that the laws applicable to you do not prohibit you from participating in the Company affiliate network and performing your obligations hereunder.
Employees of Company or its related corporations, partners, agents, contractors, representatives and suppliers (including their immediate family members, spouses, partners and housemates) are not eligible to participate in the Company affiliate network.
2.2 Additional verification checks
Without prejudice to the validation process to be carried out in accordance with clause 2.1 above, we may, at its sole discretion, conduct further verification checks at any time during the term of the Affiliate Agreement and require additional documentation from the Affiliate. In particular, upon request, you will provide – within thirty (30) days of receipt of such request – a copy of a valid identity document together with a proof of address (e.g. utility bill or bank statement) or, in case of a legal entity, a copy of the act of incorporation together with the memorandum & articles of association as well as any other document that we may consider necessary at our discretion. In the event the Affiliate fails to the request information or documents, in addition to the remedies set forth in clause 5, we reserve the right – with respect to the relevant target country and until the requested information or documentation is fully provided – to not consider, during the intervening time, the customers directed to Affiliates Websites as valid New Customers under the Affiliate Agreement and to temporarily withhold them from the Affiliate Account. In such case the Affiliate shall not be entitled to claim any potential commission that might have otherwise accrued in relation to the target country and the suspended New Customers during the intervening time.
2.3 Affiliate log in details
It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times. Any unauthorized use of your Affiliate Account resulting from your failure to adequately guard your log in information shall be your sole responsibility and you remain solely responsible and liable for all activity and conduct occurring under your Affiliate Account user ID and password whether such activity and / or conduct was undertaken by you or not. It is your obligation to inform us immediately if you suspect illegal or unauthorized use of your Affiliate Account. As your log in details are confidential, we do not have visibility of this information and cannot provide you with such information in case of loss.
We guarantee that We will not disclose your username and password to any third party. We will also take reasonable efforts to implement protective mechanisms to prevent unauthorized access to Your Account.
2.4 Affiliate Program participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. Besides, you shall not open more than one Affiliate Account without our prior written consent.
By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise, market and promote the Company Websites in accordance with the Affiliate Agreement and Company’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way harm the Company’s reputation or goodwill. In connection therewith, Company shall have the right to review and approve (approval shall not be unreasonably withheld) the manner and methods of advertising, marketing and promotion used by the Affiliate in connection with the Service.
You may link to the Company Website’s using the Affiliate Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf.
We reserve the right to suspend any Affiliate that has not accessed their Affiliate Account for a period of 24 months. The Affiliate will be given 2 weeks written notice prior to the account being suspended. Should any Affiliate wish to re-open their suspended account, they may submit such request to us by contacting us via email at [email protected].
2.5 Affiliate Website
You will be solely responsible for the development, operation and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws, including General Data Protection Regulation (GDPR), and functions as a professional website.
The Affiliate expressly acknowledges and agrees that the use of the Internet, the provision of the Affiliate Services and compliance with the terms of this Agreement are at the Affiliate's own risk. Company no guarantee in relation to the accessibility of the Company’s Websites at any particular time or any particular location. Company shall in no event be liable to the Affiliate or any other third party for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Company’s Websites.
You will not present the Affiliate Website in such a way so that it may cause confusion with the Company Websites, or so that it may give the impression that it is owned or operated by Company.
The Affiliate Website will not contain any defamatory, libelous, discriminatory or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory or pornographic materials or content which would be unlawful in target country).
An Affiliate must take all reasonable efforts to ensure that prohibited sports betting participants do not receive any marketing material from the Affiliate. This requirement is satisfied if the Affiliate removes the prohibited sports betting participant’s name and residence address from its marketing materials distribution list.
The Affiliate is required to keep all information about Company’s websites, games, running promotions and bonuses offered on Affiliate websites up to date and accurate. If the Affiliate fails to do so, we reserve the right to suspend the Affiliate's account if no action to update the information was taken after at least three email requests were made by Alpha Affiliates. The Affiliate's account will be reactivated after all information is updated and any withheld commission will be paid to the Affiliate on the next regular processing day, which falls on the first business day of each month.
2.6 Valid traffic and good faith
You will not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behavior shall be deemed as fraud.
You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
You shall ensure (and take adequate and appropriate measures to ensure) that the players referred by you to us are of the age of majority to participate in the services and that they shall comply with the Company general terms and conditions.
2.7 Unsuitable websites
You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.
2.8 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website. You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to Company’s Websites) is also prohibited.
2.9 Email and SMS marketing
If sending any emails or SMS communications to individuals which (i) include any of Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Company Websites, you must first obtain our permission to send such emails.
If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company.
You have to ensure that you have performed suppression of your mailing lists to exclude any individuals that are self-excluded from any gambling platform or any other individuals who should not receive Alpha Affiliates operating marketing material of our brands. You, as the Affiliate, need to make sure that a player who has self-excluded from any of our brands does not get sent a promotion after the self-exclusion and you are solely held responsible for the content and manner of the marketing activities that are carried out there on after.
2.10 Use of Company Intellectual Property Rights
Any use of Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in clause below.
You shall not undertake any activities in violation of the intellectual property rights of Alpha Affiliates and the Company, including but not limited to: brand bidding, registering or using any domains with confusingly similar names to the Company Brands, copying the “look and feel” of our sites or software, using any Company marks, branding or logos except as expressly permitted by this Agreement, or modifying any Marketing Material made available by Alpha Affiliates.
You also cannot:
Disparage us or otherwise damage our goodwill or reputation in any way.
Frame any page of the Site(s) in whole or in part.
In any way alter, redirect or in any way interfere with the operation or accessibility of the sites or any page thereof or otherwise attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other places that participate in the Company affiliate network.
Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the sites or services on which any functions or transactions are occurring.
Attempt to communicate to players whether directly or indirectly on our sites to solicit them to move to any online site not owned by us or for other purposes without our prior approval including but not limited to via email, chat boards, or spamming our tables.
Cause a betting pattern of any end-user that is indicative of abuse of the Alpha affiliate network and associated remuneration structure, and is not consistent with the aims of the Alpha affiliate network and good faith business opportunities offered therein.
Without prejudice to anything else in this agreement, if we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any affiliate earnings and/or terminate this agreement immediately on notice. The Affiliate agrees, understands and acknowledges that Alpha Affiliates may enter into Agreements of this type with third parties to promote the Service or a similar version thereof.
Without limiting the generality of the foregoing terms, the Affiliate shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of Alpha Affiliates. The Affiliate shall not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Affiliate name, or any name under which the Affiliate conducts business. The Affiliate shall not affix a trademark, logo or trade name of Alpha Affiliates to any non-Alpha Affiliates product. The Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by Alpha Affiliates.
2.11 Approved creative
You will not use any advertising layout or creative (including banners, images, logos) incorporating our Intellectual Property Rights unless the advertising layout or creative was provided to you by the Company or (if advertising layouts are created by you) without the advance written approval of Company. You will not modify the appearance of any advertising that has been provided to you or for which approval was granted.
It is your responsibility to seek approval from Company in time for launch of any advertising campaign or creative, to ensure you have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
All of your marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with the terms of this agreement.
2.12 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on the Company Websites.
2.13 Responsible Gaming
The Company has ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
2.14 Illegal activity
You will not target any territory or jurisdictions where gambling is illegal. You will act within the relevant and / or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise.
2.15 Compliance with laws
You have the obligation to be compliant with all relevant laws during the full duration of our cooperation. This includes but not limited to:
- Affiliates must ensure they are compliant with the relevant laws, regulations and codes of conduct relating to responsible gambling advertising which Company is bound to comply with in the respective jurisdictions, including the EGBA Code of Conduct on Responsible Advertising for Online Gambling;
- Where applicable, Affiliate must obtain, maintain and comply with all licenses that an Affiliate may require in order to fulfill their obligations depending on the local law and jurisdiction where such Affiliate operate;
- Affiliates will carry out their activities as if they were bound by the same license conditions and/or subject to the same codes of practice as us including without limitation, for Affiliates who promote Company or any Company Website to persons located in Great Britain, the LCCP, the CAP/BCAP Codes of Advertising Practice (as applicable) and the Industry Code; and for Affiliates operating in Denmark shall comply with The Marketing Practices Act, specifically in regard to Article 6 “An advertisement shall be designed in such a way that it will be clearly understood to be an advertisement irrespective of its form and irrespective of the medium in which it is presented.” Kindly find the full version of the Act here;
- Affiliates who promote Company or any Company Website to persons located in Great Britain shall comply with the relevant provisions of the Gambling Commission’s License Conditions and Codes of Practice (“LCCP“), the CAP/BCAP Codes of Advertising Practice and the Gambling Industry Code for Socially Responsible Advertising (“Industry Code“);
- Affiliates who promote Company or any Company Website to persons located in Italy shall comply with the relevant provisions of the Italian Decree Law no. 87/2018 (“Dignity Decree“) as amended, replaced or superseded from time to time, and any other laws and/or guidelines issued by the Italian Authority for Communication Guarantees (“AGCOM“);
2.16 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations or law applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of “cookies”.
You agree to comply with all necessary notification procedures of the use of cookies to all visitors to the Affiliate Websites by providing information, via the relevant privacy policy or other means, about the use / deployment of cookies; especially with respect to the processing of users’ personal data for targeted advertising purposes; each cookie deployed (cookie name, type, purpose, host, duration and category); and access of information stored on users’ devices. Affiliate shall provide users with the opportunity to reject the installation of cookies and shall prevent cookies from executing unless consent is provided, where applicable.
2.17 Cost and expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Affiliate Agreement.
2.18 Company monitoring of Affiliate activity
You will immediately give Company all such assistance as is required and provide us with all such information as is requested by Company to monitor your activity under the Affiliate Program and as we may require to allow us to comply with our reporting and other regulatory obligations.
We will track your customers’ bets and plays making available to you a report summarizing their activities, which you can access from this site.
2.19 Sweden specific terms
The Affiliate acknowledges that promoting on Swedish market resources and using Swedish language is subject to legal restrictions in Sweden. Such actions will be considered as a breach of general terms & conditions and will lead to the immediate account closure if ...
- That the company on the website offers deposits, withdrawals and winnings in Swedish currency,
- That the company on the website has information in Swedish,
- That the company has the conditions for participation in the game in Swedish or otherwise in the conditions refers to the fact that you are a Swedish customer,
- That the company on the website has contact information for customer service with a Swedish telephone number, and / or
- That the company and / or the company's "affiliates" direct their marketing to Swedish customers.
2.20 Notification of breach
You agree to notify us in writing as soon as practicable and in any event within 5 working days of your becoming aware, of any breach of the Affiliate Agreement, including but not limited to breaches by you of any laws, regulations, license conditions, codes of conduct or advertising rules which apply to you as a result of the Affiliate Agreement.
3. AFFILIATE RIGHTS
3.1. Right to direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by persons or entities other than you.
3.2. License to use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable license, during the term of this Affiliate Agreement, to use the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by Company. This license cannot be sub-licensed, assigned or otherwise transferred by you.
Your right to use the Company Intellectual Property Rights is limited to and arises only out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of any Company Intellectual Property Rights in any action or proceedings of whatever kind or nature, and shall not take any action that may prejudice our rights in the Company Intellectual Property Rights, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Company Group Intellectual Property Rights by any third party. The License granted to Affiliate, and the right to receive Affiliate Remuneration is in respect of genuine commercial use only. The Affiliate may not (and shall ensure that its family members, friends or associates do not) make Deposits, directly or indirectly, via any Affiliate Tracking URL or links contained within the Approved Content.
3.3. Players’ Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of Company’s customers, except in those circumstances where Company is obliged to share Personal Data pursuant to a legal obligation. In such limited circumstances, the Company shall enter into a separate agreement as required by applicable data privacy laws.
4. COMPANY OBLIGATIONS
4.1. We shall use our best efforts to provide you with all materials and information required for necessary implementation of the Affiliate Links.
4.2. At our sole discretion, we will register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish, including but not limited to fraudulent or unlawful activity or if a player is found to breach the terms and conditions.
4.3. We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
4.4. We shall use and process the following personal data of an Affiliate or any Affiliate employee, as follows: your username for logging in, your email address, name, date of birth, your country and address, telephone number and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship.
Furthermore, as noted in Clause 3.3, as a general rule we do not share Personal Data of Company or Affiliate customers for the purpose of this cooperation except for limited circumstances where a legal obligation is imposed on us, however, you may be required to share some information with us (for example customer email address) in exceptional situations where you have reasonable suspicion that New Customer referred by you under the Affiliate Agreement is in any way associated with money laundering, fraud, or other abuse of remote gaming sites. All this data will be used in the first place in order to conduct cooperation with you and for the performance of the Affiliate Agreement (to register your account, to report and follow your revenue and KPI, to make necessary payments to you) but also in order to fulfill our legal obligations coming from relevant laws such as AML and Gaming laws. Finally, we have to process your data based on our legitimate interest to prevent violation and abuse of these Terms and Conditions, to ensure security, to manage our business relationship, and in the defense of legal or other claims. Please note that all this data is necessary so we can establish and conduct cooperation with you, and therefore if you refuse to provide such data, we will not be able to cooperate with you. We have to keep your personal data for the duration of our cooperation and after the end of the cooperation as required per relevant laws and in order to establish, defend and/or exercise legal claims.
Please note that your data will only be shared among our Group of companies (including without limitation in order to grant and/or enforce the license to the Licensed IP and to process payments) and third parties (recipients) that help us maintain the relationship with you based on data processing agreements. The list of recipients with whom we share your personal data includes providers of database and technical systems to manage the relationship with affiliates, consultants, and other technical providers. Please note that we process your personal data within the EEA and that if we engage third-party vendors or independent contractors outside the EEA, we will only do that by applying appropriate safeguards as required by the GDPR, such as Standard Contractual Clauses. You can always get more information about recipients and safeguards for transfers of data by contacting our Data Protection Officer at [email protected].
With respect to your personal data you have rights as mandated by the GDPR: right to get a copy of your data; right to correct data; right to delete data; right to object (for example, right to unsubscribe from marketing communications); right to ask for restriction of processing; right to transfer data; and right not to be subject to automated decision making including profiling without meaningful human intervention in accordance with requirements defined in the GDPR. If you have any questions or wish to exercise your rights, you can send an email to our DPO at [email protected].
Please note that the data controller responsible for processing Affiliate personal data is:
Fair Game Software KFT, registered address 79 Kossuth Lajos út, Csomád, Hungary, 2161. Registration number: Cg. 13-09-204926.
4.4. You can always lodge a complaint on the processing of your personal data with the regulatory authorities overseeing applicable privacy laws. Insofar as the GDPR applies, you may file a complaint with the supervisory authority in the country of your habitual residence, place of work or place of alleged infringement, with the mention that our Lead Supervisory Authority is the Office of the Information and Data Protection Commissioner (IDPC) in Malta.
4.5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with Clause 6.
5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
- the right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Affiliate Agreement. During such period of suspension payment of Commissions will also be suspended;
- the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
- the right to withhold from the Commission monies which Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
- immediately terminate the Affiliate Agreement;
- the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Affiliate Agreement in accordance with clause 9.1. Our rights and remedies detailed above shall not be mutually exclusive.
Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
6. COMMISSION AND PAYMENT
6.1. Subject to your adherence to the provisions of the Affiliate Agreement, you will earn Commission in accordance with the Commission Structure. We retain the right to change the Commission percentage and method of calculation of Commission in accordance with this clause.
If such change has a material adverse impact on the Affiliate, we will notify the Affiliate in accordance with Clause 10.9, and the Affiliate may terminate the Affiliate Agreement in accordance with Clause 9.1. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. VAT shall be payable into the account of the Affiliate in addition to the Commission except where in terms of Maltese law it is us who have to account for VAT in Malta in relation to the Affiliate Program (under reverse charge). In case of any change in the applicable VAT, the Commission shall be adjusted so our position remains not more onerous than prior to the change.
6.2 The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 15th of the following calendar month. Payments via invoices are paid till 25th of the month for the previous payment period.
6.3. Payment of Commission will be made through our Affiliate Wallet. Due to existing regulations, Affiliates may be required for verification and “know your customer” documentation before a withdrawal can be accessed.
6.4. A minimum amount of €100 may be withdrawn from the Affiliate Wallet at one time.
6.5. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
6.6. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure.
However, and for the avoidance of doubt, only one type of Commission Structure for the same product may be applied at the same time. Therefore, once an Affiliate accepts our offer to apply a new commission structure, different to the standard Commission Structure detailed in the Affiliate Agreement, the Affiliate hereby agrees and understands that the new proposed commission structure shall replace his existing commission structure in its entirety. Notwithstanding the above, the Affiliate’s obligations assumed under the Affiliate Agreement will still continue to apply to the Affiliate even if a new commission structure is applicable.
6.7. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within fourteen (14) calendar days and clearly state reasons for the disagreement. Failure to notify the Company within this time limit shall be considered as an irrevocable acknowledgment of the balance due for the relevant period.
6.8. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement.
We shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify us in that regard.
6.9. A CPA is paid to an affiliate for each player whose bet amount at least equals the amount of the established CPA or the equivalent in other currencies, if the transaction does not have any additional conditions such as baseline or others.
6.10. You will be subjected to the withdrawal fees depending on your payment system:
Bank Transfer - 100 EUR, min cashout 1000 EUR
For another payment methods, min cashout 100 EUR
6.11. Changes of payment method. In case of any changes made by you in your payment method in your account so as to receive a particular payout, such changes (e.g. payment details, banks, wallet) shall be made not later than the 5th day of the month, following the month of calculation. If such changes would be made later than the 5th day of the month, the payout would be based on the previous details/bank/wallet. For reasons, when no payout details were provided, the particular payout would be transferred for the next month till payout details would not be provided.
6.12. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or in any jurisdiction in accordance with any and all applicable laws and regulations (if any) to any tax authority, department or other competent entity as a result of the Commission and compensation generated and/or the provision of the Affiliate Services under this Agreement. Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall fully indemnify Company for any and all such amounts in the event that Company has to disburse such amount.
6.13. The Affiliate agrees to immediately upon request by us, return all Commissions received based on New Customers referred to Company in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.
7. STANDARD COMMISSION STRUCTURES
7.1. Your percentage depends on last month's FTD (FTD = First time deposits)
- FTD 0-5 = 25% from NGR
- FTD 6-10 = 30% from NGR
- FTD 11-20 = 35% from NGR
- FTD 21-40 = 40% from NGR
- FTD 41 and more = 45% of NGR FTD
A negative balance on one brand does not affect a positive balance on another brand. Payments are made for each brand separately and they are not bundled.
FTD for the payment are summarized from all casinos you work with.
Negative carryover terms:
If the Affiliate’s account in the current accounting period (from the first day of the month till the last day of the month) has a negative NGR under his own activity (Affiliate’s NGR), such as negative NGR would be carried over on the next month with the following rules (brackets used to denote negative sign):
0 > Affiliate’s NGR >= (10,000) EUR | Such as negative NGR would NOT be carried over for the next accounting period
(10,000) EUR > Affiliate’s NGR | Such as negative NGR would be carried over for the next accounting period plus (compensated by the Company) 10,000 EUR
For example, Affiliate promotes 3 Brands and at the end of the accounting period has the following statistic:
Brand 1 | NGR (13,000) EUR Brand 2 | NGR 4,000 EUR Brand 3 | NGR (3,000) EUR
Then at the beginning of the next accounting period Affiliate would have the following information about promoted brands:
Brand 1 | NGR (3,000) EUR, where 10,000 EUR were compensated and was not carried over Brand 2 | NGR 0 EUR, as usual at the beginning of the accounting period Brand 3 | NGR 0 EUR, where 3,000 EUR were compensated and was not carried over
Moreover, as mentioned above, payouts for Brands do NOT sum. E.g. if Affiliate has a revenue share 50% terms, he would gain:
0 EUR for Brand 1;
2,000 EUR (4000 * 50% = 2000) for Brand 2;
0 EUR for Brand 3.
7.2 High-roller policy
If the total NGR for the Customer, in the qualifying month, for a Brand is negative of at least €10 000 or greater, then the High-Roller Policy as set out hereunder, will apply:
The Company has the right to not include such a player in the Affiliate’s payouts regardless of the conditions for the negative balance carryover and high-roller policy.
The negative NGR generated by the High-Roller shall affect Monthly NGR in the qualifying month, but all commission adjustments are to be made in the subsequent months. The commission of the qualifying month remains unchanged.
In case of Monthly negative NGR in the qualifying month – the amount has to be carried over to the next periods and deducted from the future NGR generated by the same High-Roller before the final commission count.
The negative balance carryover cannot be set-off against other Customers’ future NGR;
The negative balance carryover cannot be greater than the total monthly negative NGR for the particular Brand on the Affiliate account in the qualifying period;
A positive NGR of a High-Roller in subsequent months will be reduced to nil before the final commission count until the High-Roller's carried over negative NGR is fully refunded.
A negative balance will not be increased by future negative NGR unless the High-Roller meets the qualifying criteria in subsequent months.
If a High-Roller meets the qualifying criteria in subsequent months, a negative balance will be increased by the amount equal to a negative NGR balance in the qualifying month.
All positive High-Roller balances under €100 are carried over to the next period until the amount of €100 and over is accumulated. Once it is reached, the cumulative amount of €100 and over is subtracted from the remaining High-Roller’s negative balance.
In case of any commission correction, all the affiliates should be preliminary informed in detail via email from [email protected] about the potential commission adjustments. Thus, the invoices must be issued right after the confirmation of commission correction procedure before 15th of each month.
8. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program).
You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for the purposes of the Affiliate Agreement. Your obligations in regards to this clause survive the termination of this Agreement.
The Affiliate shall only use customer data provided by the Company. Any Confidential Information (including but not limited to contact numbers and residential addresses) provided by customers to third parties shall not be used by the Affiliate to provide the Services to Company under this Agreement.
In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company (with approval of the exact content to also be approved by Company).
This clause shall survive the termination of this Agreement and shall continue to apply indefinitely.
9. TERM AND TERMINATION
9.1. Term
The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this case the Agreement will be terminated 30 days after such notice is given. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. For the avoidance of doubt, Company may also terminate (in accordance with Clause 5 above) upon immediate notice at any time for the Affiliates failure to meet their obligations under the Agreement or otherwise for the Affiliate’s negligence.
This Agreement may also be terminated by either of the Parties by giving notice in writing (including by email) to the other Party if the other Party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other Party or in the event of any similar situation indicating that the other Party is insolvent.
9.2. Affiliate actions upon termination
Upon termination you must immediately remove all of Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites.
All rights and licenses given to you in the Affiliate Agreement shall immediately terminate.
You will return to Company any confidential information and all copies of it in your possession and control, and will cease all uses of all Company Intellectual Property Rights.
The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate's obligation of Confidentiality towards the Company shall survive the termination of this Agreement.
9.3. Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Company during the term shall not be payable to the Affiliate as from the date of termination. The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, provided, the Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid.
9.4 Warranties
The Affiliate warrants, represents and covenants to Alpha Affiliates that it has all necessary rights, licenses, permissions and business permits; and will comply with all applicable laws, rules and regulations in connection with promoting the Service to Users.
You also warrant and undertake that:
You have independently evaluated the desirability of marketing the sites and services.
You have independently evaluated the laws that apply to your activities and believe that you may participate in Company affiliate networks without violating any rules or laws applicable to you.
You are solely responsible for any and all activities that occur under the access to and use of the services under your username, account number, affiliate accounts and password regardless of whether such access and/or use was authorized by or known to you or not.
You shall not upload or distribute any files or data that contain viruses, corrupted files or data or any other program, files or data that may affect the operational performance of the services and/or site(s).
You shall not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the services and/or site(s), information or any transactions offered at the foregoing.
The players that you refer to the Company are of legal age under the laws that are applicable to them for the purposes of their use of the services.
The players that you refer to Company comply with the Company general terms and conditions as may be modified from time to time.
You shall not post or transmit to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
You shall not conduct criminal or otherwise unlawful or unauthorized activities and/or allow your account opened with us to be used for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us.
The contents on your website(s) do not infringe any third party's intellectual property rights.
The contents and offerings on your website (including the manner of offering the same) are consistent (and continue to be consistent) with the Company general terms and conditions as may be modified from time to time.
You shall only use the affiliate area, site, services, marks and marketing materials in accordance with the express terms of this agreement.
10. MISCELLANEOUS
10.1. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.
We may, in our sole discretion, use any available means to block, restrict, remove or discount from your tracker certain players, deposits or play patterns or reject the applications of potential players and/or affiliates so as to reduce the number of fraudulent, unprofitable transactions for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention.
Our obligations under this agreement do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the site or services other than as provided under this agreement. Other than as expressly provided in this agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under this agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed, in aggregate, the revenues generated and payable to you in relation to the site(s) that the dispute relates to over the previous 12 months at the time that the event giving rise to the liability arose. However, nothing in this agreement will operate to exclude or limit either party's liability for death or personal injury arising as a result of that party's negligence or for fraud.
All promotions can only be claimed once per person, household, family, household address, email address, credit card number, or shared computer environment such as a library, workplace, fraternity, university or school.
10.2. Indemnity and Limitation of Liability
You shall indemnify and hold Company, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our creatives and links or this Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
In each event of breach or non-compliance, in addition to any other remedy that we may have under these terms and conditions or applicable law, including our right to immediate account closure as described above, we shall also have the right, at any time, to seek damages from you for any new or continuing violation of any of the above provisions.
10.3. Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
No modifications, additions, deletions or interlineations of the Affiliate Agreement are permitted or will be recognized by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to the Affiliate Agreement or its terms.
10.4. Relationship of Parties
The Company and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.
All notices pertaining to this agreement will be given by email address (or such other contact address) provided by you in the affiliate sign-up form (or as subsequently updated by you to us in the event of change), and to us and if unsatisfied with the response, then to claims. Any notice sent by email shall be deemed received on the acknowledgement of such communication being sent or twenty-four (24) hours from the time of transmission.
10.5. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
10.6. Assignability You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
Subject to that restriction, the Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
10.7. Severability If any provision of the Affiliate Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of the Affiliate Agreement or any provision hereof.
No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
10.8. English language
The Affiliate Agreement was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.
10.9. Modification of Terms & Conditions
We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules. If any modification is unacceptable to you, you need to terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the modification or of the new agreement.
10.10. Governing Law
This Agreement shall be governed by and construed in accordance with the law of the Republic of Malta. If any provision of this Agreement as applied to any party or to any circumstance should be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the invalidity of that provision shall in no way affect (to the maximum extent permissible by law) the application of such provision under circumstances different from those adjudicated by the court, the application of any other provision of this Agreement, or the enforceability or invalidity of this Agreement as a whole. Should any provision of this Agreement become or be deemed invalid, illegal or unenforceable in any jurisdiction by reason of the scope, extent or duration of its coverage, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken and the remainder of this Agreement shall continue in full force and effect.