Online Gambling Promotion - Terms & Conditions
The following are our complete terms and conditions to become a member of the Onlinegamblingpromotion Affiliate Program. Please read this Agreement carefully and completely.
You can enroll as a member of the Onlinegamblingpromotion Affiliate Program by creating a unique link to one or many of our gaming clients using any endorsed Marketing Tool located on our Member's Area.
BY LINKING TO ANY ONE OF OUR GAMING CLIENTS, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
1. Our Client's Rights, Our Rights, and Our Obligations
1.1 Register your Customers
Our clients will register your customers and you will be able to track their performance through our client's data technology transfers. Our client's reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish on their behalf. ("Customer" means visitor that uses a link from your site to any one of our client's brands and open an account with them. By opening an account with one of our client's brands, they will become a Customer and, accordingly, all Onlinegamblingpromotion, and by extension, our client's, rules, policies, and operating procedures will apply to them.)
1.2 Track Customers' Play
Our clients will track player wagering activity and we will provide you with remote online access to reports of customer activity by brand and the referral fees generated from their activity.
1.3 Pay a Referral Fee
We will pay you referral fees based on the NET REVENUE or CPA [Cost Per Acquisition] (as defined below), that our client's earn from players directed from your site after they open an account with them, purchase and wager for real money.
2.0 Commission Schedule
Revenue Share Formula: Net Revenue = Gross Revenue - Customer bonuses - Adjustments - Chargebacks. Details: Onlinegamblingpromotion pays a standard 25% to 50% referral fee on Net Revenue generated by the affiliate. There no other fees or deductions are made on to the affiliate commission. Processing fees and security reserves are absorbed by Onlinegamblingpromotion. CPA (Cost Per Acquisition)
A chargeback is defined as uncollectible receivable usually, but not limited to, VISA/MASTERCARD as a result of customer non payment or fraudulent credit card use. Fraud is defined as an uncollectible credit card charge because of fraudulent activity. Onlinegamblingpromotion is not responsible for chargebacks. A negative balance due to fraudalent/chargeback cost will be carried over on the affiliate's commission.
2.2 Multiple Accounts
Affiliates are NOT allowed to have multiple reseller accounts. If you are in a unique situation and require multiple accounts please contact your affiliate manager for approval. In that case, the total amount payable will be the mathematical sum of the individual accounts.
3. Affiliate Payment
We will pay you referral and bounty fees on a monthly basis, by the 15th day of each month via Cheque, Wire Transfer, NETeller, PaySpark or Casino account. All payments due will be converted from USD and paid in EUR, unless GBP is requested by the affiliate.
Note: The minimum commission payment threshold varies based on method of payment: Neteller/Payspark = $100, Check = $250, and Wire Transfer = $500. If the Affiliate's Earnings are below the minimum threshold per payment method in any given month, the earned amount will be carried over to the next calendar month and continue to accumulate until at least the minimum threshold is generated.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you of. 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 (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4. Your Rights and Obligations
4.1 Linking to Gaming Clients
By agreeing to participate in this affiliation program, you agree to create a unique link from your site to one of our clients. You may link to any of our clients with one of their provided and endorsed marketing creative. These are the only methods by which you may advertise on our client's behalf, unless otherwise noted in our Marketing Tools section. We will terminate this agreement immediately if there is any form of spamming or if you advertise any of our gaming clients in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us or our clients and you shall have no authority to, and shall not, bind us or our clients to any obligations.
4.2 Agency Appointment
By this Agreement, we grant you the non-exclusive right to direct customers to our gaming client's sites and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you, except where multi-tier affiliate activity is demonstrated.
4.3 Approved Layouts
Without our prior written approval, you will only use our client's approved marketing material and offers and will not alter their appearance.
4.4 Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes Onlinegamblingpromotion or its client's damage. 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. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.
4.5 Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
4.6 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Onlinegamblingpromotion and its client's intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of marketing material on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use their marketing material. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our client's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
4.7 Confidential Information
During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of the Onlinegamblingpromotion Network Affiliate Program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
5. Term and Termination
5.1 Statement Of Term
The term of this Agreement will begin when you create a unique link to our site 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. For purposes of notification of termination, delivery via e-mail is considered an immediate form of notification. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. Onlinegamblingpromotion is committed to our affiliate's success, however if in any given consecutive 3 months you send neither new visitors nor new deposits to Onlinegamblingpromotion client's brands, your account will be under review with a possibility of termination.
5.2 Upon Termination:
You are asked to terminate all player referral activities, your account will be immediately terminated. 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 with respect to play 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 our clients continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
5.3 Confidential Information
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.
5.4 Commercial Use Only
This marketing opportunity is for commercial use only, and you, your family members, friends, associates may not make purchases, directly or indirectly, through your tracking link for your own personal use or to fraudulently increase the marketing fees payable to you. If you wish to make test transactions to evaluate the system, including purchases, please contact [email protected] prior to the transaction, so we can record your testing. Transactions made in violation of this provision will be deemed fraudulent traffic and we will deduct such purchases or traffic from your marketing fees.
6. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 reasonably would contradict anything in this paragraph.
You shall defend, indemnify, and hold Onlinegamblingpromotion, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this 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 client's marketing material or this Affiliate Program.
We make no express or implied warranties or representations with respect to the Affiliate Program, Onlinegamblingpromotion or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or our client's sites/softwares will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
9. Limitation of Liability [Risk allocation]
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated.
10. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROFIT SHARING PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11.1 Governing Law
This Agreement will be governed by the laws of Isle of Man without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Isle of Man and you irrevocably consent to the jurisdiction of its courts.
11.2 Assignability and Enurement
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this 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 this 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. IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our client's marketing materials and creating a link from your site to any of our client's brands.