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1. INTRODUCTION
The affiliate program is provided by Affwin Partners (“Company”, “Partner”, “us”, “we” or “Affiliate Program”) It is important that you ("Affiliate", "You") carefully read the Terms and Conditions before using these services.
By applying for the affiliate program and checking "I have read and agree to the affiliate terms and conditions" in the registration form, you ("Affiliate") express your agreement to join the affiliate program and to abide by all terms and conditions specified in this agreement. The Company reserves the right, at any time and at its sole discretion, to modify, amend, delete or add any provisions of this agreement without prior notice to the Affiliate, subject to the terms and conditions set forth herein.
If you do not agree to the following Terms and Conditions, you should discontinue your application.
1.1 The Company is responsible for the marketing services of the online gaming activities offered through the Operator Website.
1.2 The Affiliate maintains and operates the Affiliate Website(s).
1.3 This Agreement sets out the general terms and conditions of the Affiliate Program and is entered into between the Company and the Affiliate.
1.4 By completing and accepting the Affiliate Application the Affiliate accepts, and agrees to abide by, all the terms and conditions of the Agreement.
1.5 This Agreement shall be binding on the Affiliate once the Affiliate Application has been submitted but shall not be binding or enter into effect in relation to the Company until the Company approves the Affiliate Application.
2. GENERAL DEFINITIONS AND INTERPRETATIONS
Affiliate Sign Up Form/ Affiliate Application
means the form which you complete and submit to become an Affwin affiliate;
Affiliate / Partner
Means you, the person or entity, who applies to participate in the Affiliate Program.
Affiliate Payment
Means any Revenue Share, Hybrid Payment and/or CPA Payments.
Affiliate Website(s)
Means one or more website(s) on the Internet which are maintained and operated by the Affiliate
Chargeback
The reversal of a payment made previously to the Operator Website by a Customer or the credit card-issuing bank or any other third-party payments solution provider. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.
Commission
Means the percentage of the Net Revenue as set out in the Commission Structure.
Commission Structure
Means the commission structure contained under Clause 7 below or any specific commission structure expressly agreed between the Company and the Affiliate.
CPA Deal
Means a Cost-Per-Acquisition deal, whereby The Company pays You a predetermined amount for each Referred Player.
Fraud
Any form of fraud committed by a Referred Player, which in the sole opinion of The Company, is deliberately practiced by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to:
- Fraud costs;
- Chargebacks;
- Bonus abuse by a Referred Player or group of Referred Players;
- Your (or a third party’s) encouragement to a Referred Player to abuse Our bonus offers;
- Collusion on the part of the Referred Player with any other Referred Player;
- Your (or a third party’s) offering or providing unauthorized incentives (financial or otherwise) to Players to encourage them to sign up;
- Dropping or stuffing cookies.
- Customers that closed their accounts
Fraud Costs
The costs incurred (financial or otherwise) by the Company as a direct or indirect result of Fraud committed by You, Your employees, Sub-Affiliates, business partners, Customers, and/or third parties linked to Your affiliate Account to whom You, as an Affiliate, have introduced to the Company.
Links/ Tracking links/Tracking Code
Means Internet hyperlinks from the Affiliate Website(s) to the Operator Websites.
Revenue Share Deal
Means a deal where You receive commission through a revenue share model that is tracked on Alan Base affiliate platform. Parties means Company and the Affiliate (each a “Party”).
Admin Fee
Means the value which contains Games and Platform costs, Transaction Costs, Jackpot Contributions and operating costs. The Admin Fee is 25% and will be deducted from Gross Gaming Revenue before Revenue Share is calculated.
Hybrid deals
Means a fixed payment of CPA and RS part to be paid to the Affiliate in respect of each new player who makes a Deposit with taking into account the agreed established baseline
Baseline / BL
Means Fixed deposit amount made by the customer to trigger the CPA commission. The default Baseline is €20.
Banners
Means display banners taking the form of hyperlinks which appear on Website pages;
Confidential Information
Means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you;
Customers/ Players
Means individuals who:
1. have had no prior account with Our Website;
2. we have no previous record of their personal email address or other details that we deem to show connection between accounts;
3.access Our Website solely through clicking links to Our Website on Your Website; and subsequently:
3.1 open an account with Our Website; and
3.2 make a deposit and game and/or place bets with Our Website, with both 3.1 and 3.2 occurring within thirty (30) days of accessing Our Website
Intellectual Property Rights
Means any and all patents, trademarks, service marks, rights in designs (including semi-conductor topography design rights and circuit layout rights), get-up, trade, business or domain names, goodwill associated with the foregoing, email address names,’ copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-forming scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements;
3. AFFILIATE OBLIGATIONS
3.1 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.
3.2 Affiliate Program participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transfering 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.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.
3.3 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.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).
3.4 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 to 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.
3.5 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.
3.6 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.
3.7 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.
3.8 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 Affwin Partners 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 Affwin Partners You agree to indemnify us and hold us harmless for any claims, fines, penales or damages we may have to pay as a result of the activities performed by you, irrespective of their nature.
3.9 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.
3.10 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..
4. AFFILIATE RIGHTS
4.1 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.
4.2 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.
5. RESPONSIBILITIES AND OBLIGATIONS OF THE COMPANY
5.1 The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links.
5.2 The Company shall administrate the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all referred customers.
5.3 The Company shall pay the Affiliate its compensation depending on the traffic generated subject to the terms and conditions of this Agreement.
5.4 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.
5.5 We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
5.6 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.
5.7 Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with Clause 7.
COMPANY RIGHTS AND REMEDIES
6.1 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:
a) 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;
b) 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;
c) 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;
d) immediately terminate the Affiliate Agreement;
e) 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 or inactivity of the account. Our rights and remedies detailed above shall not be mutually exclusive.
7. COMMISSION AND PAYMENT
7.1 The Company agrees to pay to the Affiliate the Commission. The Commission shall be deemed to be inclusive of value added tax or any other applicable tax.
7.2 The Commission is calculated at the end of each month and payments shall be made by the 30th of the 2 following calendar months, provided that the amount due exceeds €500 (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
7.3 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
7.4 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
7.5 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
7.6 The Company may in its sole discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days if the Company needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement.
7.7 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
7.8 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
7.9 Commission plan
Your revenue share is calculated according to the following structure:
0-15 FTD (first time depositor) 35% Rev. share
16-25 FTD (first time depositor) 40% Rev. share
26-50 FTD (first time depositor) 45% Rev. share
from 50 FTD (first time depositor) 50% Rev. share
7.10 In case of partnership on Hybrid and CPA basis there are several stipulations that should be taken into account: Negative Revenue Share will be deducted from the CPA part of the commission. This stipulation takes effect unless otherwise agreed with the affiliate manager beforehand.
Duplicate accounts and self-excluded (closed) players will be deducted from CPA part of the Commission. This stipulation takes effect unless an alternative was discussed with the affiliate manager beforehand. In cases certain CAP was negotiated with a partner commission will be paid only for the negotiated number of FTDs.
7.11 Affwin Partners reserves the right to set up a trial period for all new concluded CPA and hybrid deals. This concept includes checking the quality of traffic prior to receiving the first 20 ftds during a test period of the 1st month of cooperation. After that, the parties discuss the results and make a decision on the further continuation of cooperation. In case of Cpa and hybrid deals that bring less than 5 ftds during the 1st month trial period, Affwin Partners reserves the right to terminate cooperation and leave at its discretion the payment for this result.
This commission plan is considered default and applied to all accounts, unless otherwise agreed individually with the Affiliate.
8. MISCELLANEOUS
8.1 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.
8.2 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.
8.3 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 labour 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.
8.4 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. This Agreement has not been varied or otherwise amended since 01/07/2024