TERMS AND CONDITIONS
By completing the affiliate application to the Affiliate Programme and clicking ?I have read and agree to the affiliate terms and conditions? within the registration form, you (the ?Affiliate?) hereby agree to participate in the Affiliate Programme and abide by all the terms and conditions set out in this Agreement. The Company reserves the right to amend, alter, delete or extend any provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate, subject to the terms set out in this Agreement.
If you have already joined the Affiliate Programme and do not agree to this Agreement, you are requested to email the Affiliate Team at affiliates(at)casinopop.comto terminate your membership to the Affiliate Programme.
You shall be obliged to continuously comply with the terms of this Agreement, the General Terms and Conditions and privacy policies found on the Company Websites (as hereinafter defined), as well as with any other rules and/or guidelines brought forward from time to time. The Agreement between the Company and the Affiliate shall come into effect on the date when the affiliate application is approved in writing by the Company.
In the case of a conflict between this Agreement and the General Terms and Conditions, this Agreement shall prevail.
1.1 The Affiliate maintains and operates the Affiliate Website(s) on the internet, and/or may refer potential customers to the Company Websites either through such sites or otherwise through other marketing channels. In the event that other marketing channels are to be used, the Affiliate must seek the prior approval of the Company.
1.2 This Agreement governs the terms and conditions pertaining to the promotion of the Company Websites by the Affiliate, whereby the Affiliate will be paid consideration in terms of Article 6 of this Agreement, depending on the New Customers referred to the Company Websites and as subject to the terms of this Agreement.
2 Acceptance of an Affiliate
Upon the completion of the Affiliate Application by the Affiliate, the Company shall evaluate the Affiliate Application form hereby submitted and shall inform the applicant via email whether the requested participation in the Affiliate Programme has been accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
3 Affiliate Representations and Warranties
3.1 The Affiliate hereby represents and warrants that it/he/she:
4 Company Rights and Obligations
4.1 The Company shall provide the Affiliate with all required information and marketing material necessary for the promotion of the Company Websites on the Affiliate Websites, as well as for the implementation of the tracking Link/s thereon.
4.2 The Company shall be responsible for the content and presentation of any material specifically provided to the Affiliate by the Company, if any, for the purposes of the execution of this Agreement. Provided that nothing contained in this Clause 4.2 shall be interpreted as to having the effect of relinquishing the responsibility of the Affiliate with respect to the manner in which the material provided to it by the Company is presented on the Affiliate Website or is generally distributed (or any other medium to be used by the Affiliate for the purposes of this Agreement) and for the suitability and compliance thereof with all applicable laws, rules and regulations.
4.4 The Company shall pay the Affiliate the payment due thereto as calculated pursuant to clause 6 of this Agreement, which amount shall be dependent on the New Customers referred to the Company Websites by the Affiliate Websites, subject to the terms of this Agreement.
4.5 The Company reserve the right to refuse the registration of any New Customers, suspend or close their accounts if deemed necessary. This will be at the Company?s sole discretion in order to comply with any requirements it considers mandatory.
4.6 The Company hereby notifies the Affiliate, which accepts, that personal data (as defined in the GDPR) pertaining to the Affiliate and/or any of its employees (if any) may be collected by the Company and shall be utilised solely in the context of, and as is necessary for, the performance of this Agreement or in the pursuance of any legal obligation or legitimate interest.
5 Responsibilities and Obligations of the Affiliate
5.1 The Affiliate hereby expressly undertakes:
Without prejudice to the generality of the foregoing, the Affiliate undertakes to abide by the marketing rules contained in the annex marked ?Annex A? found herebelow. Provided that should the Affiliate intend to advertise, market and promote the Operators Websites in the United Kingdom and/or Sweden, it must, in addition to the rules found in Annex A, further abide by the rules contained in Annexes B through to E herebelow respectively. Further annexes may be added from time to time should the Operators acquire licences in other markets
The Company reserves the right to request the Affiliate to immediately remove any promotional material which may be brought to attention and which it deems, in its sole absolute discretion, to be in breach of any relevant advertising and/or marketing rules.
For the sake of clarity, it is expressly stated that all annexes found herebelow, as well as any further annexes added from time to time, and the obligations contained therein, shall form an integral part of this Agreement.
5.2 The Affiliate further agrees:
The Company reserves the right to periodically request a list of all locations used by the Affiliate to promote the Company Websites to ensured continued compliance. Accordingly, the Affiliate can only advertise the Company Websites on websites and through media accounts and channels that have been disclosed to and approved in advance by the Company
Without prejudice to the generality of the foregoing, the Affiliate is expressly prohibited from advertising the Company Websites on Dutch (.nl) websites or domain names which refer to typical Dutch themes in combination with gaming terminology (eg. ?clogbingo?). The marketing material pertaining to the Company Websites shall not be displayed on sites which are in the Dutch language, and any reference to Dutch themes like clogs and windmills, or bonuses which may specifically appeal to Dutch nationals by virtue of their names or associated prizes is prohibited.
(i) Sending spam. This includes all formats of spam, including but not limited to emails and/or sms? that meet any one of the following criteria: (a) are unsolicited and sent to a large number of addressees, (b) contain false or misleading statements, (c) does not honestly identify the source of the originating email address, (d) does not contain an online and real time ?Remove? option or ? causes software download, installation or similar action with addressee consent.
(ii)Incorrect meta tags.
(iii)Registering as a player or making deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the amounts payable, or to otherwise defraud the Company.
(iv) Popups, popunders and cookie dropping. This includes but is not limited to popups, popunders and dropping customer cookies. If you have media sources/websites that do not contain libelous, discriminatory, obscene, unlawful or otherwise unsuitable material and you are planning pop ads campaigns, pre-approval from the Company is required in all cases.
6 - Commission payments
6.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed inclusive of value added tax or any other applicable tax. The Affiliate shall be entitled to receive the Commission exclusively in respect of New Customers.
6.2 The Company endeavor to process the Commission earned by the Affiliate in the previous calendar month on the 15th following month. The Company shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising. If the Commission payment amount due is less 100 (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.
6.3 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Registration. 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.
6.4 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.
6.5 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days from the date of payment 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.
6.6 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.
6.7 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.
6.8 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).
6.9 The Company reserves the right to set limits for a minimum level of activity on Affiliate's accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and basically reflect the intention of avoiding accounts where the revenue does not cover the Company's internal costs for maintaining the account and the payout procedure.
6.10 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under this Agreement. The 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 indemnify the Company in that regard.
7.1 this Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
7.2 the Company may, however, terminate the Agreement with immediate effect in the event that the Affiliate is in default of its obligations thereunder or is otherwise in breach of the representations and warranties provided therein. In this case, no notice period shall be applicable and the Agreement shall be considered terminated as of the date on which the Company notifies the Affiliate of its decision to terminate the Agreement on the strength of this clause 7.2. In this event, the Parties agree that the Company may take any action it deems appropriate, including the withholding of any unpaid commissions as of the date of termination as security for any perceived/anticipated/contingent liabilities or claims that may arise against the Company due to the breach or activities of the Affiliate.
7.3the contracting parties hereby agree that upon the termination of this Agreement, howsoever occasioned:
8 Liabilities and Indemnification
8.1The Company shall not be liable (in contract, tort, for breach of statutory duty or in any other way) for (i) any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings) of the Affiliate, (ii) any indirect or consequential losses of the Affiliate; or (iii) any loss of goodwill or reputation of the Affiliate.
8.2The Affiliate agrees to defend, indemnify and hold the Company, their successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims, fines and liabilities, including reasonable legal and expert fees, related to or arising from:
8.3The Company and its group companies reserves the right to participate, at their own expense, in the defence of any matter or claim in relation to the above.
9 Data Protection
9.1 Upon the registration of New Customers with the Company Websites, the Parties acknowledge that they shall be acting as controllers in common (and not joint controllers) in respect of the independent processing of such New Customers? personal data. For the purposes of completion, where the Company is a white-label the data controller in respect of New Customers may be a third-party licence holder.
9.3 The Company may, at its sole discretion, request that the Affiliate evidences its compliance with this clause 9.2 and the Affiliate shall provide reasonable proof to this effect within 10 days of the receipt of such request.
10 Governing Law & Jurisdiction
The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta. The Parties irrevocably submit to the exclusive jurisdiction of Malta courts over any claim, dispute or matter under or in connection with this Agreement and/or its enforceability.
11.1The Affiliate may not assign this agreement, by operation of law or otherwise, without obtaining the prior written consent of the Company.
11.2The Company may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
The Company's failure to enforce the Affiliate's adherence to the terms outlined in this Agreement shall not constitute a waiver of the right of the Company to enforce said terms at any time.
13 Force Majeure
Neither Party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, 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 casualties. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.
14 Relationship of the Parties
Nothing contained in this Agreement, nor any action was taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party?s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
15 Severability / Waiver
15.1Whenever 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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
15.2Any notice given or made under this Agreement to the Company shall be sent by email to and marked for the attention of the Affiliate Manager of the Company Websites unless otherwise notified by the Company. The Company shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.
16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of the Company this provision shall survive the termination of this Agreement.
16.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
17 Changes to this Agreement
The Company reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. If applicable, a written notice of the amendments will be sent to the Affiliate's registered email address and such notice will be deemed to be served once sent by the Company. The Affiliate's continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate's acceptance of the new terms and conditions.
18 Trademarks and Intellectual Property
18.1 Nothing contained in this Agreement will grant the Affiliate any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as "marks"] of the Company. At no time during or after the term will the Affiliate allure, attempt, challenge, assist or allow others to challenge or to register or to attempt to register the marks of the Company. Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to the Company
18.2. All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.
18.3. no time during or after the term of this Agreement, no Party will attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.
Annex A General Conditions
The Affiliate shall not publish, through any medium whatsoever, advertising, or publish content related to the Company on sites/pages/media which displays content, that:
In addition to the above, the Affiliate shall not:
The Affiliate must ensure that any promotional material indicates or provides a link to the rules, procedures and conditions of the particular promotion. The full conditions must not be further than 1 click away.
The Affiliate accepts and understands that the above-mentioned rules are not exhaustive and it shall further abide with all other relevant advertising and/or marketing rules issued by the competent authority/ies of the country in which the Affiliate intends to advertise, market and promote the Company Websites, if any and those issued by the competent authorities in which the Company is licensed to operate (refer to Annex B and the restrictions on targeting Dutch residents by way of example).
In the event that any competent authority requires operators to ensure that no marketing material is sent to persons that are subscribed to a national self-exclusion register, the Affiliate undertakes to take the steps necessary to integrate or cross check its marketing distribution list against the national self-exclusion database and ensure that no person found on the national self-exclusion list ever receives any marketing material.
Annex B UK Specific Conditions
The restrictions included within this Annex B are over and above those contained in Annex A. For the purposes of clarification, any marketing or promotion carried out which may be targeted at users/visitors residing within Great Britain should comply with the requirements of both Annex A and this Annex B.
The Affiliate expressly undertakes not to utilize direct marketing to any potential or existing customers whatsoever within Great Britain. For the sake of clarity, it is expressly stated that the term ?direct marketing? refers specifically to marketing via email and/or sms.
Further, it is understood that permission marketing shall not allowed in Great Britan and the Affiliate shall therefore refrain from using this medium to promote the Company Websites.
The Affiliate shall not publish, through any medium whatsoever, advertising, or publish content which displays content, that:
The Affiliates shall only promote those games which are listed by the Company as not being appealing to children. By way of example, the Affiliate cannot promote or display the Company's logos or trademarks generally in combination with or on same pages which include, games which may be appealing to under 18s (such as Jurassic Park, Jack and the Bean Stalk etc.) This list shall be made available to the Affiliate on demand. (The Company reserve the right to add or remove any games from the list immediately and without notice and entirely at the discretion of the Company. The Company shall not be held liable in the event that it exercises its right to remove any games from the list.)
In the event that, at any time the Affiliate is given discretion to provide the content of a promotion or to describe a promotion, the promotion must be fair and transparent and must necessarily include all the relevant Significant Conditions applicable thereto. For the purposes of this Annex B, the term "Significant Conditions" shall include, but not be limited to, conditions such as:
The above requirements apply in all cases and it shall not be an excuse that the promotion was limited by time and space (except as otherwise approved by the Company)
The Affiliate accepts and understands that the above-mentioned rules are not exhaustive and it shall further abide with all other relevant advertising and/or marketing rules issued by the Gambling Commission, the Competition and Markets Authority, the Advertising Standards Authority and the Information Commissioner's Office in the UK and any other competent authority that may have jurisdiction over the Company or the Affiliate from time to time.
Annex C Sweden Specific Conditions
The restrictions included within this Annex C are over and above those contained in Annex A. For the purposes of clarification, any marketing or promotion carried out which may be targeted at users/visitors present in Sweden, should comply with the requirements of both Annex A and this Annex C.
The Affiliate expressly undertakes to clearly identify the operator on whose behalf the marketing communication is made, while further delineating the minimum age allowed to play the relevant game.
The said marketing communication is to contain contact details pertaining to an organisation which provides information and support in connection with gambling issues, in conjunction with commercial communications stating the risks for health of problem gambling in a practical and transparent manner.
The Affiliate shall further ensure that:
Lastly, the Affiliate shall more generally ensure that the marketing conducted in Sweden shall be moderate and in line with the provisions contained in Annex A and this Annex C. Should the Affiliate be unsure as to whether its proposed marketing materials comply herewith or otherwise, they are invited to seek the prior approval of the Company.
Annex D Netherlands Specific Conditions
The restrictions included within this Annex D are over and above those contained in Annex A.
Our policy is not to pay any commission for any new traffic (from the 15th March 2019 onwards) deriving from the Netherlands which is generated as a result of promotion on channels which breach the below conditions.
We do not permit any advertising of our brands on:
If you are unsure whether you are breaching the above conditions, please contact our affiliate team.
Annex E Switzerland Specific Conditions
The restrictions included within this Annex E are over and above those contained in Annex A.
Our policy is not to pay any commission for any new traffic (from the 15th March 2019 onwards) deriving from Switzerland which is generated as a result of promotion on channels which breach the below conditions.
We do not permit any advertising of our brands on: