Terms And Conditions
Please read this document carefully before accepting this agreement.
To participate in the COMPANY's affiliate network, you must accept these terms and conditions without modification. If you do not agree with these terms and conditions (or are not authorized to do so) you should not join the COMPANY affiliate network. General enquiries should be sent to support@Aff247.com If you have any questions regarding these terms and conditions please contact us at the same email address.
1.Definitions and Interpretation 1.1 "COMPANY", "we", "our", "us" means Aff247 affiliate program which provides marketing services to a number of brands operated by its Group, or, the relevant company in the Group as the case may be. "You", "your", and/or "affiliate" mean the individual or entity that has agreed to promote brands supported by COMPANY in return for bounties and/or commissions on the players that are referred to COMPANY in accordance with this agreement. "Affiliate account" and "player account" mean the uniquely assigned accounts created for a player or affiliate when they successfully register. Affiliate accounts and player accounts are kept completely separate and their respective login combinations (username/password) will only work on the sites originally registered upon. "Affiliate area" means the area of the site that is accessible to you (you may need to access some parts of this area by logging on with the security code you are assigned by us when you sign up as an affiliate in the affiliate network and associated password) and which provides certain 'member only' functionality, including facilities to check relevant statistics, manage campaigns, update your profile, create additional tracking links, manage tracking links and creative selection. "AFFILIATE EARNINGS" mean any earnings that the affiliate accrues from activity on the players they have successfully referred to COMPANY as qualified acquisitions. Applicable commissions, bounties, and deficits are used to determine the affiliate earnings. "Agreement" means these COMPANY affiliate network terms and conditions, applicable policies and such related promotion terms and conditions that may apply from time to time. You acknowledge and agree that COMPANY shall be entitled to amend this agreement (or any part thereof) from time to time, as it deems fit. The amended agreement shall take effect upon publication on the sites and affiliate area. COMPANY may, but shall not be obliged to notify you of such changes and as such, please check the sites and affiliate area, regularly for revisions. "Creatives" refer to any COMPANY approved advertisement materials that can be used to promote COMPANY. These include but are not limited to banners, html mailers, editorial columns, images, logos, photos, drawings, sketches, emails, splash pages, web pages, CD-ROMs, business cards, flyers, pamphlets, brochures, guides, booklets, inserts, fold-outs, magazines, videos, software, flash movies, podcasts, video podcasts and microsites. "Fraud traffic" means transactions, deposits, withdrawals, revenues or traffic generated on the services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including transactions involving stolen credit/debit cards, collusion, manipulation of the service or system, bonuses or other promotional abuse, creation of false accounts for the purpose of generating affiliate earnings, and unauthorized use of any third-party accounts, copyrights, trademarks and other third party intellectual property rights (which, for the avoidance of doubt, includes our intellectual property rights). "Group" means COMPANY and the related companies of COMPANY collectively. "Handle" means a derivative of turnover, used by COMPANY, to calculate a player's activity on a particular product; the total money wagered by each player. "Intellectual property rights" means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration) know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof. "Marketing materials" mean the creatives and any other marketing materials (which may include the marks) that have been provided or otherwise made available to you by us and/or pre-approved by us. "Marks" mean "COMPANY’s brand, logo, device, mark, domain name or trade name that contains, is confusingly similar to, or is comprised of the foregoing or any other name or mark owned or adopted from time to time by us or any company within the Group. "Promotional code" means an alphanumeric code that is made available to the Affiliate to provide to prospective players. "Qualified acquisition" means a player that has met certain conditions to be considered a true value player. The criteria for qualification can be configured on a campaign basis. "Site(s)" mean any websites and any other online site or platform that is owned, operated or controlled by or on behalf of COMPANY from time to time. "Services" mean the service(s) offered to players on the sites. "Spam" means any unsolicited email or other electronic communication that you send. "Term" means the period from the date that you acknowledge and accept the terms of this agreement by indicating such acceptance on the affiliate sign up form, until such time as this agreement expires or is terminated. "Tier" means an affiliate's classification of how many first time depositors he has secured. "Tracking link(s)" mean tracker IDs and feeds (RSS), made available by us in the affiliate area and that you may use to connect players to our services from your website (or other electronic method) or using other marketing materials for example promotional codes. When the relevant player opens his or her player account or keys in the applicable promotional code, our system automatically logs the tracking URL and records you as the referring affiliate. 1.2 The clause headings are included for convenience only and shall not affect the interpretation of this agreement. 1.3 Any phrase introduced by the terms "including", "include" or any similar expression shall be construed as illustrative and shall not limit the sense of the words prior to those terms. 1.4 Any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists). 1.5 This agreement is drafted in the English language. If this agreement is translated into another language, the English language text shall in any event prevail. 1.6 Any reference to a statute, statutory provision, ordinance, subordinate legislation, code or guideline ("legislation") is a reference to that legislation and all other subordinate legislation made under the relevant legislation as amended and in force from time to time and to any legislation that re-enacts or consolidates (with or without modification) any such legislation. 2. Signing Up and Registration 2.1 In order to participate in the COMPANY affiliate network and enjoy the accompanying privileges and benefits, you must complete the appropriate affiliate sign up form and be registered with us as an affiliate. 2.2 You represent and undertake that all information supplied by you when registering and completing the affiliate sign up form are accurate, true and complete in all respects. You shall also provide us with such other information as we may reasonably request from time to time. 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. 2.3 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. 2.4 We may require further evidence of identification to verify your application particulars. If there is any change to your registration details as originally supplied by you, you shall notify us of the relevant change without delay. In order to confirm your particulars, COMPANY reserves the right, inter alia, to confirm your particulars by any means available to us. 2.5 COMPANY reserves the right, without liability to you, to reject your application without reference to you or assigning any reason thereto. 2.6 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. 2.7 The affiliate program specifically promotes sites that do not handle gambling by people resident in the United States of America, Moldova, Malta, Cyprus and Israel; therefore you must ensure that your site does not target players in these countries. 3. COMPANY Affiliate Obligations 3.1 We grant you the non-exclusive, non-assignable, right to direct players to the sites in accordance with the terms and conditions of this agreement. 3.2 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. 3.3 Referrals from affiliates are considered COMPANY players. The affiliate relinquishes all rights and/or ownership to these players once referred to COMPANY and these players shall be registered as COMPANY members before they are considered qualified acquisitions (subject to any other applicable criteria). 3.4 You will be solely responsible for the development, operation, and maintenance of your site and for your own materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not discriminatory, defamatory, offensive or otherwise illegal. COMPANY disclaims all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site. 3.5 The COMPANY affiliate network is intended for your direct participation. You shall not open affiliate accounts on behalf of third parties. Opening an affiliate account for third parties, brokering an affiliate account or the transfer of an affiliate account are prohibited. Affiliates wishing to transfer an affiliate account to another beneficial account owner must request in writing, approval from COMPANY. Approval is solely at COMPANY's discretion. 4. Marketing & Advertisements 4.1 You will only use approved creatives and will not alter their appearance nor refer to us in any promotional materials other than those that are available from us. 4.2 We hereby grant to you a non-exclusive, non-transferable license, during the term of this agreement, to use the marks and marketing materials solely in connection with the display of the promotional materials on your site pursuant to this agreement. This license cannot be sub-licensed, assigned or otherwise transferred by you. 4.3 Your right to use the marks and marketing materials is limited to and arises only out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks and marketing materials in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks and marketing materials, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You agree that all use by you of the marks and marketing materials inures to our sole benefit and that you will not obtain any rights in the marks and marketing materials as a result of such use. You must notify us immediately if you become aware of the misuse of the marks and marketing materials by any third party. 4.4 You shall not register or attempt to register any domain names, trademarks or names that contain, are confusingly similar to or are comprised of the marks and marketing materials, and you hereby agree to transfer any such registration obtained by you to us upon demand. 4.5 You shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the marks or variations thereof. 4.6 For the avoidance of doubt all intellectual property rights of COMPANY and the Group shall remain the sole and exclusively property of the foregoing and you do not gain any rights to the foregoing by reason of your use of the same. 4.7 All 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. You shall not authorize, procure, assist or encourage any third party to: 4.8 Place the marks and/or marketing materials on any online site or other medium where the content and/or material on such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which is, in our sole discretion otherwise unsuitable. 4.9 Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing the sites, services or gaming in general to any persons who are less than 18 years of age (or such applicable age as may apply in the relevant jurisdiction), regardless of the age of majority in the location you are marketing. 4.10 Infringe any third party's intellectual property rights. 4.11 Disparage us or otherwise damage our goodwill or reputation in any way. 4.12 Copy or otherwise create a Site that substantially resembles the "look and feel "of the Sites, or promote a Site of this nature, whether in whole or in part, nor utilize any such means or Site to create the impression that such Sites are in fact the Sites (or any part of such). 4.13 Frame any page of the Site(s) in whole or in part. 4.14 Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person. 4.15 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 place that participates in the COMPANY affiliate network. 4.16 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. 4.17 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. 4.18 Cause a betting pattern of any end-user that is indicative of abuse of the Aff247 affiliate network and associated remuneration structure, and in not consistent with the aims of the Aff247 affiliate network and good faith business opportunities offered therein. 4.19 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. 4.20 Unless separately agreed otherwise, COMPANY will not, in any way, promote affiliates. 4.21 For the avoidance of doubt, affiliates are responsible for all costs associated with their marketing and advertisement obligations under this agreement. 4.22 Without prejudice to clause 8, we reserve the right to terminate this agreement with you immediately without liability if there is any form of spamming originating from you or if you advertise our services in any other way than in accordance with or permitted by the terms of this agreement. 4.23 You may only offer bonuses and promotions to players on the COMPANY’s behalf that are authorized and sanctioned by the COMPANY, where you have an obligation to ensure that the COMPANY’s promotion/bonus header and terms and conditions for these bonuses and promotions use COMPANY’s prescribed wording and are communicated and specified in any publication of the same on your site, email or other media. Where there is a discrepancy between the terms communicated in your offering of the bonus or promotion and the terms specified to you by the COMPANY, then the COMPANY shall be entitled to recover by way of set off of any commission owed to you or other means, the loss suffered by the COMPANY as a result of your non- compliance with the provision of this section 4.12. 5. Affiliate Earnings & Payments 5.1 Please take note that credit shall not be issued to any affiliate. 5.2 On joining this affiliate program your account will be set to our default commission of 35% of net revenue subject to achieving a new Qualified Accounts in any 3 month period where failure to do so will result in a base commission rate of 25% of net revenue. 5.3 Should you elect to receive CPA instead, your earnings are per player subject to actual playing for real money after deposit without chargeback, where withdrawal without playing or disproportionate chargeback by affiliate's referred players, may at COMPANY's discretion disqualify entitlement to CPA earnings. 5.4 Your affiliate earnings are personal to you and you shall have no claim to affiliate earnings or other compensation on business secured by or through persons or entities other than you. You cannot withdraw payments for or on behalf of another third party. 5.5 COMPANY reserves the right to change any affiliate earnings structure (or any part thereof) from time to time, for any reason it deems fit. 5.6 All affiliate earnings payments will be paid to your affiliate account designated in your affiliate sign up form in the currency of our choice. Payment will be made by wire, NETeller, Skrill, or any other method as we in our sole discretion decide; however, we will use reasonable endeavors to accommodate your preferred payment method. 5.7 Any charges for conversion, processing and delivering payment to you will be deducted from your affiliate earnings. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your designated account. 5.8 In the event that we determine any activity to constitute fraud traffic, or to otherwise be in contravention of this agreement, then in our sole discretion we may: (i) pay the affiliate earnings in full, (ii) recalculate them in light of such suspected fraud traffic or contravention, (iii) delay payment of the affiliate earnings while we investigate and verify the relevant transactions or (iv) forfeit your affiliate earnings. 5.9 If you disagree with the reports or amount payable, do NOT request or accept payment for such amount and immediately send us written notice of your dispute. Further, deposit of payment check, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement. Notwithstanding the foregoing, if any overpayment is made in the calculation of your affiliate earnings, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you. 5.10 Payment requests shall be processed on the 10th or 20th of the following month in which the traffic was generated. If we suspect the terms and conditions have been breached or the occurrence of fraud traffic, the payment request may be held over for investigation and your account frozen until we can validate that there has been no breach of these terms and conditions. If your account remains frozen as a consequence of this clause 5.9 for a continuous period of 180 days then in the absence of: satisfactory explanation; or evidence to prove legitimate dealings, funds remaining in your account will be removed and your account closed. 5.11 You shall comply with all applicable laws and any policy notified by us through our site or otherwise in relation to money laundering and/or suspicious transactions. 5.12 All affiliates shall be responsible for paying such taxes on their affiliate earnings under the laws applicable to them. 5.13 If you wish to offer any incentives to potential players, you are required by us to receive prior written approval before commencing any such activity. In the event that you do not receive such approval but offer such incentives, we reserve the right to cancel your participation in the program, and refuse payment of any previously earned, but unpaid, commissions. 5.14 Commission due to Affiliate at the end of each month can never be negative. All negative amounts will be carried over to the following months until any net loss is recovered from Net Revenues generated in those succeeding months. 5.15 Due to strict anti-money laundering requirements we require one or more forms of documentation to verify your identity before we can make a first payment out to you. If for a continuous period of 180 days from our request for this verification documentation, we have still not received the same from you then the funds remaining in your account will become dormant. Upon becoming dormant we will issue a warning advising that the funds remaining in your account will be removed if the necessary verification document is not received within the following 90 days, funds remaining in your account will be removed and your account closed. 5.16 In the case of CPA deals, if we do not receive any traffic for a continuous period of 180 days, your account will become dormant. We will issue a warning advising that the funds remaining in your account will be removed and if no new traffic is sent within the following 90 days funds remaining in your account will be removed and your account closed. 5.17 Where the arrangement is based on a Revenue Share, if no gaming revenue is generated for a continuous period of 180 days, your account will become dormant. We will issue a warning advising that the funds remaining in your account will be removed and if no new traffic is sent within the following 90 days funds remaining in your account will be removed and your account closed.