Terms & Conditions
This Agreement together with your Affiliate Sign Up Form and any other guidelines or additional terms we provide to you via email or on our Website (together the “Agreement”) contain the complete terms and conditions that apply to your participation in this affiliate program (the “Affiliate Program”). Whenever the provisions of the Affiliate Sign Up Form conflict with the provisions of this Agreement, the provisions of this Agreement prevail. Where used in this Agreement, references to: (a) “You” “Your” and/or “Affiliate” mean the individual or entity which applied as an affiliate via the Affiliate Sign Up Form as submitted through the Website (the “Affiliate Sign Up Form”), (b) “We”, “Our”, “Us”, the “Company” means Exodus Media N.V and – where the context applies – also any of its shareholders, officers, directors, employees, advisors, consultants and any of its associated and/or affiliated legal and natural persons, and (c) “Operator” means any online gambling operator which uses the Affiliate Program.
1.1. This Agreement shall govern Our relationship with You in relation to the Affiliate Program and modifies, replaces and supersedes the previous version of Our Affiliate Program.
1.2. When You indicate Your acceptance of these terms and conditions on the Affiliate Sign Up, it constitutes a unique service contractual agreement between You and the Company and You shall be bound by all the terms and conditions set out in this Agreement (as amended or modified from time to time in accordance with Section 1.3 below).
1.3. We may modify any of the terms of this Agreement at any time, at Our sole discretion, by sending an email to the email address You provided us; such amendment will enter into force within five days from sending the email, or at a later date (if so specified in the email). If any modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following such modification will be deemed binding acceptance of the modification.
2. DEFINITIONS AND INTERPRETATION
In this Agreement, references to the following words shall have the meanings set out below:
2.1. “Customer” means any person who has opened an Account through Your Tracker who has not held an Account with the Operator before.
2.2. “Account” means a uniquely assigned account that is created for a Customer with the Operator or when the Customer successfully registers with the Operator via a Tracker (provided the Customer did not have an account with the Operator beforehand).
2.3. “Affiliate Fee” is the amount due and payable to You, as calculated based solely on Our system’s data and in accordance with the terms of this Agreement, the Affiliate Sign Up Form and the fees and payments terms set forth in the Website (as may be changed from time to time by Us in Our sole discretion).
2.4. “Affiliate Sign Up Form” means the form provided on the Website. For the avoidance of doubt, it is hereby clarified that the Affiliate Sign Up Form does not constitute a valid proposal to enter into contractual arrangements, and thus the Affiliate Sign Up Form will constitute a binding agreement only after it is executed by You and Us; therefore, Your execution of the Affiliate Sign Up Form does not constitute a binding agreement.
2.5. “CPA Model” means a remuneration model used in this Affiliate Program, at the choice of the Affiliate, according to which the Affiliate receives a fixed amount per Customer referred by that Affiliate, provided that within 30 days from the registration as a Customer, that Customer makes an initial minimum deposit of at least EUR 20 with the Operator and wagers at least EUR 20.
2.6. “Marketing Materials” means banners and text links (which include Trackers) that You may use to connect Prospective Customer to the Website and any other marketing materials that You use in connection with this Agreement.
2.7. “Net Revenue” means the total wagers of a Customer minus (i) winnings, (ii) bonuses, (iii) chargebacks, (iv) third party licensing fees, (v) jackpot insurance contributions, (vi) duties and taxes, and (vii) any other cost incurred by the Company and the Operator due to a fraudulent and/or abusive activity of the Customer.
2.8. “Potential Customer” is any person to whom You promote the Website but who has not yet opened an Account and, therefore, has not yet become a Customer.
2.9. “Referral Commission” – for any Customers referred by an affiliate participating in the Affiliate Program that You referred to the Affiliate Program, You shall receive 2.5% (two and a half percent) of the Net Revenue generated by those Customers, subject to the terms and conditions of this Agreement.
2.10. “Restricted Territories” means Israel, France, and the United States And any other Territory added by the company from time to time during the term according to its sole discretion and according to this T&C.
2.11. “Revenue Share Model” – the default remuneration model used in this Affiliate Program, according to which the Affiliate receives a percentage of the Net Revenue derived by the Operator from the Customer referred by that Affiliate is 35%.
2.12. No-Negative Carryover with the exception of Funbet.com. For all other brands, In case your balance under a Revenue Share Payment Plan in any given month is negative due to Customer winnings and/or Non Cash Items and/or Cash Items and/or Progressive Contributions said balance will be set to zero. A negative balance due to Fraud costs will be carried over (see 2.12.1 High Roller Policy for additional information). For Funbet.com, In the event that the total Net Revenue from your referred New Customers is negative for any given calendar month, the negative balance will be carried over from month to month, until a positive balance is achieved.
2.12.1 High-Roller Policy:
2.12.1(1) In any given month, if an individual player generates a negative net win of at least $/£/€10,000 (‘high-roller’), and the aggregate net win in that month for that affiliate is negative $/£/€2,000 or greater, then the high-roller policy will apply.
2.12.1(2) If both of the above criteria are met (see clause 2.12.1(1)) then the negative net win generated by the high-roller will be carried forward and offset against future net win generated by that high-roller.
2.12.1(3) The negative balance carried forward cannot be set-off against other players net win.
2.12.1(4) The negative balance carried forward cannot be greater than the total aggregate negative net win for the affiliate, for that month.
2.12.1(5) If there is more than one high-roller, the negative balance carried forward will be split proportionally between them.
2.12.1(6) The negative balance of a high-roller will be reduced by future positive net win that they generate in subsequent months. A negative balance will not be increased by future negative net win unless the high-roller meets the qualifying criteria in subsequent months (see clause 2.12.1(1)).
2.13. “Spam” means any email or other electronic communication which You send that markets, promotes, or which otherwise refers to Us and/or which contains any Marketing Materials and/or Trackers and which breaches Our Electronic Marketing Rules set forth in Section 5 below.
2.14. “Tracker(s)” means the unique tracking codes that We provide exclusively to You, through which We track Customers’ and potential Customers’ activities and calculate Affiliate Fees.
2.15 “Website” means the website located at any URL used by the Operator; for the avoidance of doubt, any other website will not be considered for the purpose of calculation of Your Affiliate Fee.
3. YOUR UNDERTAKINGS
3.1. You shall provide true and complete information to Us when completing the Affiliate Sign Up Form and promptly update such information if all or any part of it changes. failing to provide such information upon request shall entitle the company to terminate the relationship effective immediately.
3.2. You shall market to and refer Potential Customers to the Website. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper, and lawful under applicable rules, regulations or laws (including, but not limited to, any laws relating to the content and nature of any advertising or marketing) and otherwise comply with the terms of this Agreement. All marketing and traffic sources must be your own and you are not permitted to authorize, assist, or encourage any of our marketing materials to be placed on third party websites.
3.3. You shall not, and shall not authorize, assist or encourage any third party to:
3.3.1. Use any Marketing Material or place Marketing Materials on any online site or other medium where the content and/or material on such website or medium is libelous, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which is, at Our sole discretion, otherwise unsuitable;
3.3.2. Develop and/or implement marketing and/or public relations strategies which have as their direct or indirect objective the targeting of marketing of the Website to any person who is less than 18 years of age (or such higher age of legal consent as may apply in the relevant jurisdiction);
3.3.3. Breach any of the provisions of Section 5 and Section 6 below;
3.3.4. Use Marketing Materials in a manner that may potentially confuse a Customer or Potential Customer (including, but not limited to, using incorrect, inaccurate and/or fraudulent materials);
3.3.5. Place Marketing Materials on any online site or other medium, where the content and/or material on such online site or medium: (a) infringes any third party’s intellectual property rights; (b) copies or resembles any Website in whole or in part; or (c) disparages Us or otherwise damages Our goodwill or reputation in any way;
3.3.6. Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Us by any person;
3.3.7. Alter, redirect or in any way interfere with the operation or accessibility of the Websites or any page thereof;
3.3.8. Register as a Customer on behalf of any third party, or authorize or assist (save by promoting the Website in accordance with this Agreement) any other person to register as a Customer;
3.3.9. Take any action that could reasonably cause any person confusion as to Our relationship with You or any third party, or as to the ownership or operation of the Website or service on which any functions or transactions are occurring;
3.3.10. Cause the Website (or any parts or pages thereof) to open in a visitor’s browser other than as a result of the visitor clicking on banners or text links contained in or as part of any Marketing Materials;
3.3.11. Attempt to intercept or redirect (including via user-installed software) traffic from or on any website or other place that participates in Our Affiliate Program;
3.3.13. Affiliates may not register domain names, or bid on keywords or search terms related to our brands; including but not limited to Spinit, Casino Cruise, Sloty, Vegas Hero, Genesis Casino, Spela, Casino Joy, Pelaa, Casino Gods, Kassu, Casoola, and Casino Planet.
3.3.14. Without Our prior consent – attempt to market or promote any of the Websites within territories which are Restricted Territories, attempt to circumvent any restriction which We have put in place to prevent Potential Customers from Restricted Territories from signing up as Customers, or attempt to disguise the geographical location of a Customer.
If We determine, at Our sole discretion, that You have engaged in any of the foregoing activities stated in this section 3.3 (to all of its sub-sections), We may (without limiting any other rights or remedies available to Us) withhold any Affiliate Fees and/or terminate this Agreement immediately.
3.4. You shall not use or modify the Marketing Materials in any way unless you have obtained Our prior written consent. You shall only use the Marketing Materials in accordance with the terms of this Agreement, any guidelines We provide to You on the Website or otherwise from time to time and any applicable laws. CDs and other customized promotional materials provided to You will be at Your cost and deducted from Affiliate Fees. During the term of this Agreement, and subject to Your adherence to all provisions of this Agreement, We grant You a terminable, non-exclusive, non-transferable right to use the Marketing Materials for the sole purpose of fulfilling Your obligations under this Agreement. You may use the Marketing Materials only as long as this Agreement is in effect. The use of the Marketing Materials is only for promoting the Website, and is not allowed to be used by any other 3rd parties or any other websites.
3.5 Casino player accounts that are used as a tool to promote our brands are for advertising purposes only.
3.5.1 When using a casino player account to promote any of our brands, Jackpot games are excluded. Any winnings from Jackpot games will be forfeited.
3.5.2 When using a player account to promote our brands You are bound by the terms and conditions provided by Your Affiliate Manager, the Genesis Affiliates Terms and Conditions, and the casino bonus and General Terms and Conditions.
3.5.3 When using a player account to promote our brands You agree that all winnings accumulated from a raw cash deposit or bonus taken are bound to the max cash out agreed with Your Affiliate Manager. This includes any remaining funds, winnings or raw cash gameplay.
3.5.4 When using a player account to promote our brands You agree that You no longer qualify for any additional casino bonuses apart from those given to You by Your Affiliate Manager
3.5.5 When a casino player account is used to promote our brands, normal maximum cashout terms do not apply. Any winnings accumulated from real money and bonus money are subject to the maximum cashout given to You by Your Affiliate Manager.
3.6. Trackers are for Your sole use and are not to be assigned to others without Our prior written consent.
3.7. You shall not acquire any right to any data relating to the Customers and/or Potential Customers.
3.8. You acknowledge that the Company and/or the Operator own all intellectual property rights comprised in any and all of the Marketing Materials, their brands and the Website (the “Marks”). Any use of any trade mark, domain name or trade name which contains, is confusingly similar to or is comprised of the Marks (other than in accordance with the terms of this Agreement) without Our prior written permission shall be unauthorized. By way of example, but without limitation, You may not register or use any of the Marks in any part of any domain name. You agree that any use by You of the Marks inures to Our sole benefit and that You will not obtain any rights in the Marks as a result of such use. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to or are comprised of the Marks, and You hereby agree to transfer any such registration obtained by You to Us upon demand. You further agree not to attack Our ownership of and title to the Marks in any way.
3.9. You are expressly forbidden from providing the Customers’ details to any third party, during the term of this Agreement and at any time after the expiration or termination of this Agreement. If You try to or make contact with a Customer, or provide any Customer’s details to any third party, We shall be entitled to immediately terminate this Agreement and to indefinitely withhold and seize all Affiliate Fees owing to You at such time.
3.10. The Operator shall at its sole and absolute discretion determine whether to register a Customer and open an Account for a Customer, as well as to whether close an Account for such Customer.
3.11. You have full title and authority to enter into this Agreement, to grant the rights and perform all of Your obligations in accordance with this Agreement.
3.12. You have all necessary registrations, authorizations, consents and licenses necessary to fulfill Your obligations under this Agreement. The Operator reserves the right to request Know Your Business documentation from affiliates. This is needed to comply with the applicable EU Anti Money Laundering Directive.
3.13. You shall have due regard, adhere to and act at all times in a manner consistent with (i) preventing gambling from being a source of crime and/or disorder, being associated with crime or disorder and/or being used to support crime; (ii) ensuring that gambling is conducted in a fair and open way; and protecting children and other vulnerable persons from being harmed and/or exploited by gambling.
3.14. The Affiliate or anyone personally associated to the Affiliate is not permitted to have a player account tracked under their own affiliate account. The Affiliate is not permitted to try and artificially increase their commission or to otherwise defraud the Company. This includes but is not limited to incentivized or cashback traffic. If these terms are violated they will relinquish all affiliate earnings and their player accounts will be terminated. Traffic will be deemed 100% incentivized in cases where players were instructed to deposit specific amount/s required to trigger CPA deal or specific amount/s as a method to manipulate the casino (AKA ‘make money online’, ‘cheat the casino online’, ‘beat the casino online’) and the affiliate’s account will automatically be capped by 200 wagering requirements and will be moved for inspection to our Risk department to be determined if deemed fraudulent.
3A UNITED KINGDOM (UK)
3A.1. Any activity under this Agreement in the UK, in respect of the UK and/or in connection with UK Potential Customers or Customer must be in accordance with UK law and regulation, including, but not limited to, the IGRG Gambling industry code for socially responsible advertising, the UK Gambling Commission’s Licence Conditions and Codes of Practice, the Social Responsibility Code Provisions and all related guidance.
3A.2. Any marketing activity under to this Agreement in the UK, in respect of the UK and/or in connection with UK Potential Customers or Customers must include the following signs and/or words: “www.gambleaware.co.uk“, “18+ only”, “terms and conditions apply” and “Gambling can be addictive. Play responsibly”.
3A.3. Any promotion of Genesis Global brands via videos or live streaming should have an 18+ age gate on all content.
4. REPORTS & PAYMENTS
4.1. We will track and report Customers’ activity of Customers associated with Your Trackers for purposes of calculating Your Affiliate Fees. The form, content and frequency of the reports may vary from time to time in Our sole discretion. Generally, You will receive a monthly report with Your payment indicating the total amount due to You after any deductions or set offs that We are entitled to make under this Agreement. In addition, daily reports will be available online for You to view.
4.2. Unless otherwise agreed and subject to the terms of this Agreement and Your full compliance with Your obligations hereunder, Affiliate Fees will be paid to You on a calendar month basis, within maximum 30 days following the end of each calendar month, in accordance with the terms of this Agreement and the payment plan and rates outlined in this Agreement, on the Website and/or Your Affiliate Sign Up Form, and after any deductions or set offs that We are entitled to make under this Agreement.
4.3. Neither You nor Your friends, employees, servants, agents, advisors or relatives are eligible to become Customers through Your Trackers, and should You or they do so, You will not be eligible to receive the relevant Affiliate Fees. For this purpose, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. The number of Customers per individual household computer is strictly limited to one. You shall not register as a Customer or make deposits to any Account (directly or indirectly) through Your Tracker(s) for Your own personal use and/or the use of Your relatives, friends, employees, servants, agents or advisors. Customers who registered with the Website using a VPN, a proxy server, or share the same IP Pool – will not be credited towards affiliate earnings. Violation of this provision shall entitle Us to terminate this Agreement and to indefinitely withhold and seize all Affiliate Fees owing to You at such time.
4.4. Our measurements and calculations in relation to Your Affiliate Fees shall be the sole and authoritative tool and shall not be open to review or appeal. We shall make relevant figures available to You through the Website. To permit accurate tracking, reporting, and Affiliate Fees accrual, You must ensure that the Trackers are properly formatted throughout the term of this Agreement.
4.5. We retain the right to revise, change and amend the Affiliate Fees scheme by which You shall be paid, as well as the Customer qualification criteria as We shall see fit; such change will only apply to any Prospective Customer becoming a Customer from the date in which such change is made in this Agreement or such other later date as We see fit.
4.6. We retain the right to review all Affiliate Fees for possible fraud, where such fraud may be on the part of the Customer or on Your part. During the period of time in which We shall review Affiliate Fees for possible fraud, where such review period shall not to exceed 180 days, We shall have the right to withhold any Affiliate Fees accrued in Your favour until such time as the review has been concluded and subject to the conclusions of such review. Any incidence of fraud on Your part constitutes a breach of this Agreement, and We retain full authority to terminate this Agreement immediately in the event of such breach. Further, in the event that We deem that fraud has occurred, either on Your part or on the part of a Customer, You shall not be entitled to receive any Affiliate Fees which have accrued to Your benefit at such time whether such Affiliate Fees were generated through fraud or otherwise. We retain the right to set-off from future Affiliate Fees payable to You any amounts already received by You which can be shown to have been generated by fraud.
For the purpose of this Agreement and by way of example only, the term fraud shall include, but shall not be limited to, actual or attempted (i) bonus abuse on the part of a Customer, (ii) the encouragement by You or a third party of bonus abuse on the part of a Customer, (iii) a chargeback executed by a Customer in relation to his/her deposit, (iv) collusion on the part of a Customer with any other Customer, (v) the opening of an Account in breach of the terms of this Agreement, (vi) the offering or providing by You or any third party of any unauthorized incentives (financial or otherwise, including but not limited to any kind of cashback, tricks to “cheat the casino online” or tricks to “beat the casino online”) to potential Customers, (vii) any attempt by You to artificially increase the Affiliate Fees payable to You, (viii) deposits, revenues or traffic generated through illegal means, and (ix) any other act by You or by a Customer which is understood to have been committed in bad faith against Us or to defraud Us (as determined by Us in Our sole discretion) regardless of whether or not such action has resulted in any type of harm or damage to Us (including without limitation deposits generated on stolen credit cards, collusion, manipulation of the service or system, bonuses or other promotional abuse, 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)).
4.7. Notwithstanding anything stated to the contrary in this Agreement, in accordance with the provisions of the Affiliate Program, We will not pay You any Affiliate Fees in relation to Customers from the Restricted Territories.
4.8. Notwithstanding the foregoing, if for any calendar month the total amount of Affiliate Fees due to You is less than or equal to EUR 100, the balance will be carried over and added to the next month’s Affiliate Fees until the total amount is more than EUR 100.
4.9. All payments will be due and payable in Euros. Payment will be made by wire transfer or any other method as We at Our sole discretion decide; however We will use reasonable endeavours to accommodate Your preferred payment method. Any charges in connection with transferring the Affiliate Fees to You will be covered by You and deducted from Your Affiliate Fees. For the avoidance of doubt, We have no liability to pay any currency conversion charges or any charges associated with the transfer of money to Your bank account. You might be asked to forward an invoice for the payment received.
4.10. You understand and agree that Potential Customers must link using Your Tracker in order for You to receive Affiliate Fees upon them becoming Customers. In no event, are We liable for Your failure to use Trackers and for any Affiliate Fees miscalculation or other damage which may ensure as a result of such failure. Notwithstanding any other provision herein, We may at any time and at Our sole discretion alter Our tracking system and reporting format and provide You a notice to that effect.
4.11. Without prejudice to provisions of Section 4.4, if You disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send Us written notice of Your dispute. Dispute notices must be received within thirty (30) days of Our making available Your monthly report or Your right to dispute such report or payment will be deemed waived and You shall have no claims in such regard. Further, deposit of payment cheque, acceptance of payment transfer or acceptance of other payment from Us by You will be deemed full and final settlement of Affiliate Fees due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of Your Affiliate Fees We reserve the right to correct such calculation at any time and to reclaim from You any overpayment made by Us to You and/or deduct and/or withhold from You Affiliate Fees.
4.12. You shall comply with all applicable laws and any policy notified by Us through the Website or otherwise in relation to money laundering and/or the proceeds of crime.
4.13. All taxes due in connection with any payments to You are Your sole liability. You are solely responsible for complying with the rules, if any, for registering for and paying direct and indirect taxes, including, but not limited to, VAT, levies, duties, income taxes and other charges in respect of Your income from or in relation to this Agreement and for collecting and paying the income tax and social security contributions in respect of Yourself and Your staff, if You have any staff. For the avoidance of doubt, it is hereby clarified that We will not increase the fees payable as Affiliate Fees due to any tax, levy, duty or charge (including, but not limited to, VAT) imposed on the payment of the Affiliate Fees, and all Affiliate Fees are inclusive of any such tax, charge, duty and/or levy (including, but not limited to, VAT).
4.14. A Player/s referred to our domains by any affiliate and who either self excludes voluntarily shall, at the Company’s own discretion be excluded when calculating commissions due to the particular affiliate who introduced the player to our website.
4.15. CPA will only be paid on qualifying players from the following countries: Canada, South Africa, Ireland, UK, New Zealand, Isle of Man, Jersey, Malta, Norway, Finland, Netherlands, Austria, Liechtenstein, Luxembourg, Monaco, and Quebec unless agreed otherwise in writing from your Affiliate Manager.
4.16. CPA will not be paid on earnings that were generated on a player account which is locked within the same calendar month in which the CPA is triggered.
4.17. In order to qualify as a Master Affiliate, the Master Affiliate must first provide proof of the introduction between the company Exodus Media N.V and the Sub Affiliate. The moment the Sub Affiliate ownership changes, the Master Affiliate will have 30 days to provide an introduction with the new Sub Affiliate of the account. Should such an introduction not be provided within these 30 days, Exodus Media N.V will respectfully terminate the Master Affiliate deal. Furthermore, Master Affiliates will not be entitled to a commission from Affiliates that are already receiving a flat fee.
Should a Master Affiliate fail to refer any new sub affiliates within a 12 month period, Exodus Media N.V will reserve the right to reset the agreed percentage to the default master affiliate reward plan mentioned in section 2.9. of the Definitions and Interpretations section of the Affiliate Agreement page.
4.18. In cases of suspected affiliate fraud, Genesis Affiliates reserves the right to request identification documents.
5. ELECTRONIC MARKETING RULES
5.1. For any promotion of the Website You carry out through email, SMS or similar direct channel marketing (‘Direct Marketing Channels’), You undertake and warrant that every such Your email, SMS and other direct channel marketing communication (‘Direct Marketing Communication’) and all Your Direct Marketing Channels practice shall comply with the provisions of this Section 5.
5.2. You are solely responsible for ensuring that every and all Your Direct Marketing communications and practices, as well as any acts which You may carry out with respect to this Agreement, are in compliance with all applicable legislation and do not put You or Us in breach of any legislation. Without prejudice to the generality of the preceding sentence, You shall comply with all applicable laws and codes of practice, including, but not limited to, the Maltese data protection and privacy legislation, such as the Data Protection Act, Chapter 440 of the Laws of Malta, as it may be amended from time to time, the Directive 95/46/EC, Directive 2002/58/EC, the EU Regulation 2016/679 (the General Data Protection Regulation (‘GDPR’), as well as any national legislation implementing such Directives, marketing and electronic marketing legislation and including any amendments made to such legislation, regardless of whether personal data of any person, including Prospective Customer, obtained by means of a Direct Marketing Communication or otherwise.
5.3. Without prejudice to the generality of the preceding sub-section, You warrant that with respect to each person you send, during the term of this Agreement, any Direct Marketing Communication (‘Direct Marketing Communication Recipient’), you have obtained his/her contact information (email address, SMS, etc) in compliance with all applicable legislation. Your further warrant that with respect to every Direct Marketing Communication Recipient You have obtained, prior to sending the first Direct Marketing Communication, his/her clear, specific and informed consent, given to You by way of an ‘opt-in’ consent mechanism. You shall keep a record of consents obtained and shall provide to Us, if requested, proof thereof promptly. Such records should be kept in electronic format and should include the time and date when such Direct Marketing Communication Recipient provided consent and the mechanism of obtaining consent used.
5.4. You acknowledge and agree that you are the data controller with respect to any and all personal data of the Direct Marketing Communication Recipients. You are solely responsible for the processing of any and all personal data of Direct Marketing Communication Recipients and/or Potential Customers.
5.5. You warrant that every Direct Marketing Communication sent by You or on Your behalf shall comply with the following requirements:
5.5.1. The communication makes it clear and unambiguous that it is marketing the Website;
5.5.2. If such communication includes any promotional offers (for example, the payment of free tickets to Potential Customers) or any promotional competitions or games, that the promotion, competition or game is clearly identified as such and that any conditions which the Potential Customer must meet in order to qualify for the promotion, competition or game are set out clearly and unambiguously in the communication;
5.5.3. You shall not send any such communications to persons under the age of 18 or under the age of legal consent (whichever is higher) in the country of the proposed recipient(s) of any such communication;
5.5.4. Any such communications shall only promote the Website (and not any third parties, third party services and/or third party sites) and shall not include any content other than Our Marketing Materials;
5.5.5. You shall include a true name in the communication in the “From” line of any email or in the ‘From’ phone number and not a sales pitch or marketing message. Any such communication must clearly identify You as the sender of the communication and You shall not falsify or otherwise attempt to hide Your identity. For the avoidance of doubt, you shall not represent or attempt to give an impression that such communication is sent from US or on Our behalf;
5.5.6. You do not mislead the recipient(s) with regard to the content and purpose of the communication;
5.5.7. You provide an adequate, functioning and conspicuous “opt-out” or “unsubscribe” option in every communication;
5.5.8. The communication must include a valid address to which the recipient can respond to opt out/unsubscribe of future marketing communications. The reply address must be active for at least thirty days after sending the communication. You also include a physical business address in any such communication;
5.5.9. You honour expeditiously any opt out/unsubscribe request made by any communication recipient. You must not send any further marketing communications to any person who indicates (by whatever means) that he does not wish to receive any further marketing communications;
5.6. You shall not send any Direct Marketing Communication to any person who has registered on any applicable register of persons who do not wish to receive any marketing communications.
5.7. In addition to the above, any affiliates that carry out their own mailer and or SMS campaigns related to Our brands must comply with our mailer rules outlined by their account manager. Any affiliates that perform their own mailer and or SMS campaigns related to our brands must use a valid and functioning unsubscribe link in their mailers and/or SMS campaigns. No Email and SMS campaigns are permitted to be sent to UK players.
5.8. 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 Genesis 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.
6. FURTHER OBLIGATIONS OF AFFILIATES
6.1. You shall to notify Us immediately in the event that you suspect or have any reason to believe, or receive any communication or complaint from a Direct Marketing Communication Recipient, whether or not such person is or becomes a Customer, or a competent authority or body with respect to any Direct Marketing Communication You carry or carried out or otherwise in relation to you Direct Marketing practices via any Direct Marketing Channel or GDPR.
6.2. In case We receive any complaint from any Direct Marketing Communication Recipient or a competent authority in relation to your Direct Marketing Communications or practices or compliance with GDPR, We may request You to provide to Us full information in relation to the Direct Marketing Communication Recipient in question, including but not limited to the source and basis of Your obtaining that Recipient’s personal data, proof of that Recipient opt-in consent and other details. You undertake to respond to every such request within 5 days from receipt of Our request.
6.3. You hereby authorise Us to provide information about You, as the data controller solely responsible for the compliance with GDPR in relation to processing of personal data of the Direct Marketing Communication Recipients, as well as the information comprising Your response to Our request under preceding sub-section, to any person who lodged a complaint with Us and/or to any competent authority or body.
6.4. You shall comply promptly with every request from Us to delete any personal date relating to Direct Marketing Communication Recipient, or to remove such Recipient’s details from any database you may have or to amend your Direct Marketing Communication practices.
6.5. You shall assist Us in order to enable Us to comply with our obligations, in particular our duties in relation to data protection legislation. You will further co-operate with the Company in the event that the Company requires information with respect to any of Your practices for the processing personal data.
6.6. You are to ensure that You employ technical and organisational measures which are adequate to prevent the unauthorised or unlawful processing of personal data by You, including its accidental loss, unauthorised access, destruction of, or damage to. Such technical and organisational measures may include but not be limited to encryption of personal data, systematic testing of security measures, pseudonymisation of personal data and regular training of staff and any other entities authorised by You to handle such data with respect to their obligations under applicable data protection and marketing communication legislation.
6.7. You shall provide the Company, upon Our request, with any information it requires for the purpose of evidencing Your compliance with this Agreement and with applicable data protection and electronic marketing communications.
6.8. We shall not disclose to You any personal data about the Customers, where it is possible for Us to comply with our obligations under this Agreement by providing anonymised aggregated data or data which otherwise is non-personal data. In case where this is impossible or impractical and You receive personal data of Customers, You undertake not to process this data in any way or for any reason other than to verify the Affiliate Fee payable to You.
7. OUR PROCESSING OF YOUR PERSONAL DATA
7.1. We may process Your personal data for purposes detailed below. Such personal data may include but not be limited to your name and surname, as well as those of Your employees, if applicable, e-mail addresses, transaction details and IP addresses.
|We process Your Personal Data for these Purposes||Grounds for processing Your Personal Data||Recipients of Your Personal Data||Transfer of Your Personal Data to Third Parties|
Compliance with legal obligations under applicable laws;
To allow us to fulfil our duties under this Agreement and for the performance of this Agreement;
For our legitimate interests including defence of legal or other claims and customer relations management
Compliance with legal obligations;
Performance of the contract
Payment providers and similar entities;
Entities forming part of the Company group;
Any complainants, such as Direct Marketing Communications Recipients
7.2. We may further require to share Your personal data with the above mentioned entities for the performance of this Agreement and with respect to processing of payments. We may further be required to share your personal data with competent authority and/or data subjects, in the event of a request or compliant, to comply with our legal obligations or exercise our legitimate interests. We have the right to share your identity to competent authorities in case of a breach.
7.3. You undertake to supply to Us all information relating to You, Your ultimate beneficial owners, corporate structure and your business practices upon request, as may be required under applicable legislation or regulatory guideance.
7.4. Your rights with respect to Your personal data are the following:
- the right for information;
b. the right to access;
c. the right to rectification;
d. the right to erasure;
e. the right to restrict processing;
f. the right to object to processing;
g. the right to data portability;
h. the right to complain to a supervisory authority; and
i. the right to withdraw consent.
8. TERM AND TERMINATION
8.1. 6.1. This Agreement will take effect when We have accepted Your proposal to participate in the Affiliate Program as set out in the Affiliate Sign Up Form and continue until terminated in accordance with the terms of this Agreement.
8.2. You may terminate this Agreement, with or without cause, immediately upon written notice to Us that You may send by email marked “Termination” to firstname.lastname@example.org. For the avoidance of doubt, termination of the Agreement will end Your participation in the Affiliate Program as a whole.
8.3. We may terminate this Agreement in whole or in part, for any breach of this Agreement, at any time, upon written notice to You that We may send by email to such email address You have provided to Us. In the event We terminate the Agreement as a while, We shall be entitled to automatically render any Trackers inoperative. For the avoidance of doubt, on termination of this Agreement for any reason whatsoever, whether by You or by Us, You will no longer receive any Affiliate Fees which did not accrue until the actual date of receiving/sending the termination notice – even if your Trackers remain operative unless We have agreed to otherwise. If We terminate a specific Tracker, You will no longer receive any Affiliate Fees through that Tracker, unless We have agreed to otherwise.
8.4. We may at Our sole discretion and without prejudice to Our further rights and remedies, suspend the Agreement (in whole or in part). During the period of any suspension, We may withhold the payment of any Affiliate Fees that relate to any affected Trackers. Payment of any withheld Affiliate Fees will be made to You within 30 days from lifting of the suspension.
8.5. Without derogating from the provisions of Sections 3.4 and 8.3, the following will apply upon termination of this Agreement: (a) You shall stop promoting the Website and all rights and licenses given to You under this Agreement will terminate immediately; (b) You shall return all confidential information and cease use of any of Our Marks and the Marketing Materials; (c) We may leave open, redirect or deactivate any Trackers in Our sole discretion without any obligation to pay You for any sum whatsoever for new Customers; (d) We reserve the right to deduct any sums owed to Us from the Affiliate Fees and/or withhold any payments of the Affiliate Fees for a period of 6 (six) months; and (e) We will have no further liability to pay You any further sums in connection with any Customers, even if these were referred to the Website by You and/or via Your Trackers, during the term of this Agreement or thereafter, unless We have agreed to otherwise.
8.6. Sections 3.4, 3.7, 3.8, 3.9, 4.5, 4.11, 4.13, 7, 9, 10 and 11 and such other provisions as are necessary for the interpretation or enforcement of this Agreement shall survive any termination or expiry of this Agreement.
8.7. In the event of a conflict or discrepancy in any clause in an insertion order (IO), the Affiliate Sign Up Form or any other separate agreement entered into between the Company and the affiliate and the provisions in this Agreement, the provisions of this Agreement shall prevail.
8.8. The Company reserves the right to terminate any agreement entered into with an Affiliate at its sole unilateral discretion by giving twenty-four (24) hour prior notice.
9.1. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE PROGRAM, THE WEBSITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT THE WEBSITE, OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
9.2. We may, at Our sole discretion, use any available means to block or restrict certain Customers, deposits or play patterns or reject the applications of Potential Customers and/or Affiliates so as to reduce the number of fraudulent, unprofitable transactions or for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.
9.3. Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, consultants, vendors, suppliers and/or representatives of the Company. 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 the Affiliate Fees generated and payable to You hereunder over the previous six (6) months at the time that the event giving rise to the liability arises.
9.4. You shall defend, indemnify, fully and upon demand, and hold Us and Our owners, directors, officers, agents, employees, consultants, vendors, suppliers and/or representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) when resulting or arising from Your breach of this Agreement, including for the avoidance of doubt, from Your non-adherence to Your obligations under this Agreement in relation to processing of personal data.
9.5. Without prejudice to any other rights or remedies available to Us under this Agreement or otherwise, We shall be entitled to set off any payments otherwise payable by Us to You hereunder, against any liability of You to Us, including any claims We have against You resulting from or arising from, Your breach of this Agreement and any warranty, representation in contained in this Agreement.
9.6. Any Affiliate actions and marketing activities which run counter to this Affiliate agreement may result in serious consequences including without limitation, termination of affiliate accounts, fines, penalties, and potential criminal and civil action against the affiliate. Any marketing activities in breach of UKGC (United Kingdom Gambling Commission) guidelines may result in the Affiliate being held fully liable and responsible for any fines or penalties relating to this breach.
10. INDEPENDENT INVESTIGATION
10.1. YOU WARRANT THAT YOU FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT, HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING THE WEBSITE AND HAVE AGREED TO THE TERMS OF THIS AGREEMENT AFTER BEING PROVIDED WITH AMPLE OPPORTUNITY TO REVIEW THEM AND CONSULT WITH A LEGAL COUNSEL.
10.2. YOU WARRANT THAT BY YOUR PERFORMANCE OF THIS AGREEMENT YOU ARE NOT IN BREACH OF ANY OTHER AGREEMENT CONCERNING YOU.
10.3. YOU WARRANT THAT ANY INFORMATION WHICH YOU PROVIDE US WITH ON REGISTRATION IS CORRECT, VALID AND COMPLETE.
10.4. YOU WARRANT THAT IN YOUR PERFORMANCE OF THIS CONTRACT YOU SHALL COMPLY WITH ALL APPLICABLE LEGISLATION AND REGULATIONS WITH RESPECT TO THIS AGREEMENT AND THAT YOU SHALL IN NO WAY BREACH ANY THIRD PARTY RIGHTS INCLUDING BUT NOT LIMITED TO ANY INTELLECTUAL PROPERTY RIGHTS.
10.5. YOU WARRANT THAT ANY INFORMATION THAT YOU PROVIDE US WITH WAS OBTAINED IN A LEGAL AND CORRECT MANNER.
11.1. All notices pertaining to this Agreement will be given by email as follows: to You at the email address provided by You on the Affiliate Sign Up Form (or as subsequently updated by You to Us in the event of change), and to Us at email@example.com. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being received or 24 hours from the time of transmission.
11.2. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between You and Us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
11.3. You understand that We may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to You in this Agreement.
11.4. As an Affiliate, You may receive confidential information from Us, including (without limitation) confidential information as to Our marketing plans, marketing concepts, structure and payments. This information is confidential and constitutes Our proprietary trade secrets. You shall not, during the term of this Agreement and at any time after the termination or expiration thereof, disclose this information to third parties or use such information other than for the purposes of this Agreement without Our prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).
11.5. If the Company is prevented or delayed in the performance of any of its obligations under this Agreement by Force Majeure, the Company shall have no liability in respect of the performance of its obligations as are prevented by the Force Majeure events during the continuation of such events. For the purposes of this Agreement “Force Majeure” means any cause beyond the reasonable control of the Company including, without limitation, act of God, war, insurrection, riot, civil disturbance, acts or attempted acts of terrorism, fire, explosion, flood, storm, theft or malicious damage, strike, lock-out, or other industrial dispute (whether involving the workforce of the party so prevented or any other party), third party injunction, national defence requirements, acts or regulations of national or local governments (including, without limitation, legislation or other regulation restricting, preventing or otherwise prohibiting the provision or availability of internet-based casino and poker gaming), inability to obtain essential power, raw materials, labor, malfunction of machinery or apparatus.
11.6. Except where You have received Our prior written consent, You may not assign, sub-license or deal in any other manner with this Agreement or any rights and/or obligations under this Agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights and/or obligations on the purported assignee.
11.7. This Agreement shall be governed by and construed in accordance with the laws of Malta without giving effect to conflicts of law principles. You irrevocably agree to submit, for the benefit of us, to the exclusive jurisdiction of the courts of Malta, for the settlement of any claim, dispute or matter arising out of or concerning this Agreement or its enforceability and You waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
11.8. Whenever possible, each provision of this Agreement will 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 other provision hereof, and this Agreement would be interpreted so as to give effect, to the greatest extent possible, to this provision.
11.9. This Agreement (together with the Affiliate Sign Up Form and any other guidelines or additional terms we provide to you via email or on the Website) embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior agreement or understanding between the parties in relation to such subject matter. Each of the parties acknowledges and agrees that in entering into this Agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing.