Affiliate Program Terms and Conditions
Agreement means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structure applicable to different products, (iii) the General Terms and Conditions (iv) any other rules and/or guidelines of the Company Websites made known to the Affiliate from time to time.
Affiliate means you, the person or entity, who applies to participate in the Affiliate Program.
Affiliate Program means the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Company Website and thereby be paid a commission as defined under this Agreement depending on the traffic generated to the Website subject to the terms and conditions of this Agreement and to the Commission Structure.
Affiliate Website(s) means one or more websites on the Internet which are maintained and operated by the Affiliate.
Fresh Dice means the Company, the Operator and any of its group companies.
Commission means the percentage of the Net Revenue as set out in the Commission Structure.
Commission Structure means the commission structure contained under Clause 18 below or any specific commission structure expressly agreed between the Company and the Affiliate.
Confidential Information means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Players, other Players and users of the Operator Websites, technology, marketing plans and manners of operation.
General Terms and Conditions means Fresh Dice’s general terms and conditions.
Intellectual Property Rights means any copyright, patent, trademark, service mark, invention, domain name, brand, business name, utility brand, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.
Links means Internet hyperlinks from the Affiliate Website(s) to the Operator Websites.
Net Revenue means all monies received by the Operator from New Players in relation to casino activities less (a) monies paid out to New Players as winnings, (b) bonus payouts (but excluding bonuses retracted), (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes and (g) monies paid out as duties or taxes; and
For the avoidance of doubt, all amounts referred to above are only in relation to amounts generated from New Players referred to the Operator Websites by the Affiliate Website(s).
New Customer means a new customer on the Operator Websites having made a first deposit amounting to at least the applicable minimum deposit at the Operator Websites in the Operator Websites betting account in accordance with the applicable terms and conditions of the Operator Websites, but excluding the Affiliate, its employees, relatives and/or friends.
Operator Websites means the online gaming websites operated and/or managed by the Operator.
Parties means the Company and the Affiliate (each a “Party”).
1.1 The Company is responsible for the marketing services of the Operator and other entities such as Fresh Dice offering betting and casino games through Operator Websites.
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 Registration, the Affiliate accepts and agrees to abide by all terms and conditions of the Agreement, and any Company policies relating to marketing, GDPR or any other subject matter as directed by the Company. The Affiliate shall also abide by any marketing rules applicable in any jurisdictions where the Company offers its services.
1.5 This Agreement shall be binding on the Affiliate once the Affiliate Registration is submitted.
2. Acceptance of Affiliate
All Affiliate Registrations are accepted by default. The Company reserves the right to refuse any continued registration at its sole and absolute discretion.
3. Qualifying Conditions
The Affiliate hereby represents and warrants that it fully understands and accepts the terms and conditions of this Agreement.
4. Responsibilities and Obligations of the Company
4.1 The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links.
4.2 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 Players.
4.3 The Company shall pay the Affiliate its compensation depending on the traffic generated subject to the terms and conditions of this Agreement.
5. Company’s Rights to refuse or close accounts and applicants
5.1 The Company may refuse any New Customer or close a Customer’s account, if it in sole opinion of the Company it is necessary to comply with the Company’s policy and/or to protect the interest of the Company.
5.2 The Company may refuse any Affiliate Registration or may close any Affiliate account if in the sole opinion of the Company is necessary to comply with the Company’s policy and/or to protect the interest of the Company. If the Affiliate is in breach of this Agreement the Company may besides closing the Affiliate’s account take further legal steps.
6. Responsibilities and Obligations of the Affiliate
6.1 The Affiliate hereby warrants and undertakes:
(a) to use its best efforts to actively and effectively advertise, market and promote the Operator Websites as widely as possible in order to maximize the benefit to the parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online;
(b) to market and refer potential players to the Operator Websites at its own risk, cost and expense. The Affiliate will be solely responsible for the distribution, content, legality and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement;
(c) to use only links provided within the scope of the Affiliate Program; and
(d) to be responsible for the development, the operation, and the maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s).
6.2 The Affiliate hereby undertakes, represents and warrants that:
(a) it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials;
(b) it will not actively target any person who is under the legal age for gambling, and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people;
(c) it will not actively target any jurisdiction where gambling and the promotion thereof is illegal;
(d)that it will not generate traffic to the Operator Websites by illegal or fraudulent activity, particularly but not limited to by:
(e) sending spam;
(g) registering as a player or make 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 commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed fraudulent; and
(h) that it will not present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Operator Websites and/or the Company or convey the impression that the Affiliate Website(s) is partly or fully originated with/from the Operator Websites and/or the Company.
6.3The Company reserves the right to freeze the Affiliates account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of the terms and conditions of the Agreement.
7.1The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be inclusive of value added tax or any other applicable tax.
7.2The Commission is calculated on the first day of the month for that accrued during the prior month and payments shall be made in Bitcoin by the 10th-15th day of that same month.
7.3Bitcoin payment of Commission shall be deposited into the player account. 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 over-payment made to the Affiliate.
7.4The 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.
7.5If 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.
7.6The 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.
7.7No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is fraudulent, or in breach of any of the provisions of the Agreement.
7.8The 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).
7.9The Company reserves the right to set limits for a minimum level of activity on Affiliate 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.
7.10 The Affiliate may, at the sole discretion of the Company, be provided with the opportunity to restructure its commission structure. Examples of alternative commission structures could include a Cost Per Acquisition (CPA) Module. However, and for the avoidance of doubt, only one type of commission structure for the same product may be applied at the same time. Therefore, once an Affiliate accepts the Company’s offer to apply a new commission structure, different to the standard Commission Structure detailed in this Agreement, the Affiliate hereby agrees and understands that the new proposed commission structure shall replace his existing commission structure in its entirety. Notwithstanding the above, the Affiliate’s obligations assumed under this Agreement will still continue to apply to the Affiliate even if a new commission structure is applicable.
7.11 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.
8. Affiliate Website(s) and the Links
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet and the Affiliate Program is at the Affiliate’s own risk. The Company makes no guarantee in relation to the accessibility of the Operator Websites at any particular time or any particular location. The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Operator Websites or the Affiliate Program.
8.2 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between the Company and the Affiliate.
8.3 The Company has the right to monitor the Affiliate Website(s) in order to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring.
8.4 The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the trademarks of Fresh Dice.
8.5 The Affiliate shall not take any action which could cause any confusion as to the Company’s relationship with the Affiliate and the Affiliate Website(s).
9.1 This Agreement may be terminated by either Party at any time.
9.2 The Parties hereby agree that on termination of this Agreement:
(a) the Affiliate must remove all references to the Operator Websites from the Affiliate Website(s);
(b) all rights granted under this Agreement shall immediately terminate;
(c) the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date;
(d) if this Agreement is terminated by the Company due to the Affiliate’s breach of any terms and conditions, the Company may withhold Commission owed as a result of such breach;
10. Liabilities and IndemnificationThe Affiliate agrees to defend, indemnify and hold Fresh Dice, free and harmless from any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from:
1. Any breach of Affiliate’s representations, warranties or obligations under this Agreement;
2. Affiliate’s use (or misuse) of the marketing material and Fresh Dice’s Intellectual Property Rights;
3. All conduct and activities occurring under Affiliate’s user ID and password;
4. Any defamatory, libelous or illegal material contained on the Affiliate Website(s) or Affiliate’s information and data;
5. Any claim related to Affiliate Website(s) or the Links; and
6. Any violation of this Agreement or any applicable laws.
11. ConfidentialityAll Confidential Information shall remain confidential and must not be shared without the prior written consent of the Company.
12. Intellectual PropertyAll Intellectual Property Rights created and/or deriving from this Agreement such as images and logos, advertising materials, are the property of the Company.
13. Relationship of the PartiesNothing contained in this Agreement shall be deemed to constitute either party as an employee, agent, 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, commitment or to impose any obligation on behalf of the other party.
14. MiscellaneousIn case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail.
15. Governing Law & JurisdictionThis Agreement shall be governed by the laws of Bulgaria.
16. Commission Structures Revenue share
|Profit/Month||Affiliate’s Net Revenue share|