This
is an agreement ("The Affiliate Agreement") between you
("you" or "Affiliate") and www.affiliatesdiv.com
operated by Digital Island Lda, a company with registration number
PT1513189106 and registered address at Rua Dr. Brito Camara 20, 1st
Floor , 9000 Funchal , Madeira Island ("Company", "us",
"we" or "Affiliate Program"). By registering for
the Affiliate Program, and by accessing and using any of our tools or
accepting any reward, bonus or commission, whether contained in the
Affiliate marketing Agreement or elsewhere as a part of our Affiliate
Program, you will be deemed to have read, understood and agreed to
the Affiliate Agreement. We may periodically make modifications to
this Agreement. While we will do our best to notify you of such
changes, we recommend that you revisit this page regularly. Your
continued use of the Affiliate Program will constitute your consent
to the updated Agreement.
DEFINITIONS
“Affiliate”
means you, the person or entity, who applies to participate in the
Affiliate Program.
“Affiliate
Account” means the account of the Affiliate set up after an
Affiliate Application is made by the Affiliate to take part in the
Affiliate Program and approved by Company.
“Affiliate
Agreement” means (i) all the terms and conditions set out in this
document, (ii) the terms and conditions of the Commission Structures
applicable to the different products and brands, and (iii) any other
rules or guidelines of the Company and/or Websites made known to the
Affiliate from time to time.
“Affiliate
Application” means the application made by the Affiliate to
participate in the Affiliate Program.
“Affiliate
Links” means internet hyperlinks used by the Affiliate to link from
the Affiliate Website(s) or any other any third party website to
Company Websites.
“Affiliate
Program” means collaboration between the Company and the Affiliate
whereby the Affiliate promotes the Company’s websites and creates
Affiliate Links from the Affiliate Website(s) to Company’s
websites. For such services the Affiliate is paid a commission
depending on the generated traffic to the Company’s websites,
subject to terms within this Affiliate Agreement and to the
applicable product-specific Commission Structure.
“Affiliate
Wallet” means an online wallet in the name of the Affiliate into
which Company pays the commission and any other payments due to the
Affiliate, which the Affiliate can withdraw in accordance with the
Affiliate Agreement;
“Affiliate
Website” means any website which is maintained, operated or
otherwise controlled by the Affiliate.
“Company”
shall mean AffiliatesDiv and any other company within our group,
including our parent companies, their parent companies and all of the
subsidiaries of these respective companies.
“Company
Websites” means the website www.polestarbet.com
or other such websites (including mirror websites) as may be added to
this Affiliate Program from time to time.
“Commission”
means the percentage of the Net Gaming Revenue, or, where applicable,
a fixed amount for a New Customer (CPA structure) as set out in the
Commission Structures.
“Commission
Structures” means any specific reward structures expressly agreed
between Company and the Affiliate.
“Confidential
Information” means any information of commercial or essential value
relating to Company such as, but not limited to, financial reports,
trade secrets, know-how, prices and custom quotes, business
information, products, strategies, databases, technology, information
about New Customers, other customers and users of Company Websites,
marketing plans and manners of operation.
“Intellectual
Property Rights” means any copyrights, trademarks, service marks,
domain names, brands, business names, and registrations of the
aforesaid and/or any other similar rights of this nature.
“Net
Gaming Revenue” or “NGR” means all monies received by Company
from New Customers as placed bets, less (a) winnings returned to New
Customers, (b) issued bonuses, (c) net balance corrections, (d)
administration fees, (e) fraud costs and chargebacks. For the
avoidance of doubt, all Net Gaming Revenue amounts mentioned above
are only related to New Customers referred to Company Websites by the
Affiliate Website(s).
“New
Customer” means a new, first-time customer of the Company who made
a first deposit amounting to at least the applicable minimum deposit
at Company Websites’ player account, in accordance with the
applicable terms and conditions of Company Websites’. This excludes
the Affiliate, its employees, relatives and friends.
“Parties”
means Company and the Affiliate (each a “Party”).
“Personal
Data” means any information relating to any person, whether
individual or legal that is or may be identified, directly or
indirectly.
AFFILIATE
OBLIGATIONS
Registering
as Affiliate
To
become a member of our Affiliate Program you must accept these terms
and conditions by ticking the respective box while submitting the
Affiliate Application. The Affiliate Application will form an
integral part of the Affiliate Agreement. We will, at our sole
discretion, determine whether or not to accept an Affiliate
Application and our decision is final and not subject to any right of
appeal. We will notify you by email as to whether or not your
Affiliate Application has been successful. You will provide any
documentation required by Company to verify the Affiliate Application
and to verify the Affiliate Account information at any time during
the term of the Affiliate Agreement. This documentation may include
but is not limited to: bank statements, individual or corporate
identity papers and proof of address. It is your sole obligation to
ensure that any information you provide us with when registering with
the Affiliate Program is correct and that such information is kept
up-to-date at all times.
Affiliate
login details
It
is your sole obligation and responsibility to ensure that login
details for your Affiliate Account are kept confidential and secure
at all times. Any unauthorized use of your Affiliate Account
resulting from your failure to adequately guard your login
information shall be your sole responsibility, and you remain solely
responsible and liable for all such activity occurring under your
Affiliate Account user ID and password (whether such activity was
undertaken by you or not). It is your obligation to inform us
immediately if you suspect illegal or unauthorized use of your
Affiliate Account.
Affiliate
Program participation
The
Affiliate Program is intended for your direct participation. Opening
an Affiliate Account for a third party, brokering or transferring an
Affiliate Account is not accepted. Affiliates wishing to transfer an
account to another beneficial owner must contact us and request
permission. Besides, you shall not open more than one Affiliate
Account without our prior written consent. By agreeing to participate
in the Affiliate Program, you agree to use your best efforts to
actively advertise, market and promote the Company Websites in
accordance with the Affiliate Agreement and Company’s instructions
from time to time. You will ensure that all activities taken by you
under the Affiliate Agreement will be in Company’s best interest
and will in no way harm the Company’s reputation or goodwill. You
may link to the Company Website’s using the Affiliate Links or
other such materials as we may from time to time approve. This is the
only method by which you may advertise on our behalf.
Affiliate
Website
You
will be solely responsible for the development, operation and
maintenance of the Affiliate Website and for all materials that
appear on the Affiliate Website. You shall at all times ensure that
the Affiliate Website is compliant with all applicable laws,
including General Data Protection Regulation (GDPR), and functions as
a professional website. You will not present the Affiliate Website in
such a way so that it may cause confusion with the Company Websites,
or so that it may give the impression that it is owned or operated by
Company. The Affiliate Website will not contain any defamatory,
libelous, discriminatory or otherwise unsuitable content (including,
but not limited to, violent, obscene, derogatory or pornographic
materials or content which would be unlawful in target country).
Valid
traffic and good faith
You
will not generate traffic to Company Websites by registering as a New
Customer whether directly or indirectly (for example by using
associates, family members or other third parties). Such behavior
shall be deemed as fraud. You will also not attempt to benefit from
traffic not generated in good faith. If you have any reasonable
suspicion that any New Customer referred by you is in any way
associated to bonus abuse, money laundering, fraud, or other abuse of
remote gaming websites, you will immediately notify us of this. You
hereby recognize that any New Customer found to be a bonus abuser,
money launderer or fraudster or who assists in any form of affiliate
fraud (whether notified by you or later discovered by us) does not
count as a valid New Customer under the Affiliate Agreement, and
thereby no Commission shall be payable in relation to such New
Customers.
Unsuitable
websites
You
will not use any Affiliate Links or otherwise place any digital
advertisements whatsoever featuring our Intellectual Property on any
unsuitable websites (whether owned by a third party or otherwise).
Unsuitable websites include, but are not limited to, websites that
are aimed at children, display illegal pornography or other illegal
sexual acts, promote violence, promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age,
promote illegal activities or in any way violate the intellectual
property rights of any third party or of the Company, or breach any
relevant advertising regulations or codes of practice in any
territory where such Affiliate Links or digital advertisements may be
featured.
Affiliate
Links
The
Affiliate Links shall be displayed at least as prominently as any
other sales link on the Affiliate Website. You will only use
Affiliate Links provided by Company within the scope of the Affiliate
Program. Masking your Affiliate Links (for example hiding the source
of the traffic sent to Company’s Websites) is also prohibited.
Email
and SMS marketing
If
sending any emails or SMS communications to individuals which (i)
include any of Company’s Intellectual Property Rights; or (ii)
otherwise intend to promote Company Websites, you must first obtain
our permission to send such emails. If such permission is granted by
the Company, you must then ensure you have each and every recipient’s
explicit consent to receive marketing communications in the form of
communication to be sent (i.e. by SMS or email) and that such
individuals have not opted out of receiving such communication. You
must also make it clear to the recipient that all marketing
communications are sent from you and are not from our Company.
Use
of Company Intellectual Property Rights
Any
use of Company’s Intellectual Property Rights must be in accordance
with any brand guidelines issued to you from time to time and are
always subject to the approval required in clause below. You will not
register domain names, as well as search terms or other identifiers
for use in any search engine, portal, app store, sponsored
advertising service or other referral service which are identical to
any of the Company’s trademarks or otherwise include the Company
trademarks.
Approved
creative
You
will not use any advertising layout or creative (including banners,
images, logos) incorporating our Intellectual Property Rights unless
the advertising layout or creative was provided to you by the Company
or (if advertising layouts are created by you) without the advance
written approval of Company. You will not modify the appearance of
any advertising that has been provided to you or for which approval
was granted. It is your responsibility to seek approval from Company
in time for launch of any advertising campaign or creative, to ensure
you have written approval from the Company in relation to
advertising, and to be able to evidence such approval upon request.
Loyalty
Programs
You
will not offer any cash-back / value-back or similar programs, other
than such programs as are offered on the Company Websites.
Responsible Gaming
The
Company has ongoing commitment to responsible gaming and prevention
of gambling addiction. You agree to actively cooperate with the
Company to convey a responsible gaming message. Specifically, you
will not use any material or in any way target persons who are under
18 or the legal gambling age in their jurisdiction.
Illegal
activity
You
will not target any territory or jurisdictions where gambling is
illegal. You will act within the relevant and / or applicable law at
all times and you will not perform any act which is illegal in
relation to the Affiliate Program or otherwise.
The
Affiliate acknowledges that promoting on Swedish market resources and
using Swedish language is subject to legal restrictions in Sweden.
Such actions will be considered as a breach of general terms &
conditions and will lead to the immediate account closure if
disclosed.
The
Affiliate acknowledges that promoting on Netherlands market resources
and using Dutch language is subject to legal restrictions in
Netherlands. Such actions will be considered as a breach of general
terms & conditions and will lead to the immediate account closure
if disclosed
Data
Protection and Cookies
You
shall at all times comply with the General Data Protection Regulation
(GDPR) and any existing or new data protection acts, regulations or
law applicable to your territory. This includes all applicable
legislation and/or regulations relating to the use of ‘cookies’.
Cost
and expense
You
shall be solely responsible for all risk, costs and expenses incurred
by you in meeting your obligations under the Affiliate Agreement.
Company
monitoring of Affiliate activity
You
will immediately give Company all such assistance as is required and
provide us with all such information as is requested by Company to
monitor your activity under the Affiliate Program.
Commissions
paid incorrectly
The
Affiliate agrees to immediately upon request by Company, return all
Commissions received based on New Customers referred to Company in
breach of the Affiliate Agreement or relating to fraudulent or
falsified transactions.
AFFILIATE
RIGHTS
Right
to direct New Customers
We
grant you the non-exclusive, non-assignable, right, during the term
of this Affiliate Agreement, to direct New Customers to such Company
Websites as we have agreed with you in strict accordance with the
terms of the Affiliate Agreement. You shall have no claim to
Commission or other compensation on business secured by persons or
entities other than you.
Licence
to use Company Intellectual Property Rights
We
grant to you a non-exclusive, non-transferable licence, during the
term of this Affiliate Agreement, to use the Company Intellectual
Property Rights, which we may from time to time approve solely in
connection with the display of the promotional materials on the
Affiliate Website or in other such locations as may have been
expressly approved (in writing) by Company. This licence cannot be
sub-licensed, assigned or otherwise transferred by you.
Players’
Personal Data
For
the purpose of the services delivered under this Agreement, it is
understood that the Affiliate shall not have access to any Personal
Data of Company’s customers.
COMPANY
OBLIGATIONS
We
shall use our best efforts to provide you with all materials and
information required for necessary implementation of the Affiliate
Links.
At
our sole discretion, we will register any New Customers directed to
the Company Websites by you and we will track their transactions. We
reserve the right to refuse New Customers (or to close their
accounts) if necessary to comply with any requirements we may
periodically establish.
We
shall make available monitoring tools which enable you to monitor
your Affiliate Account and the level of your Commission and the
payment thereof.
We
shall use and process the following personal data of an Affiliate or
any Affiliate employee, as follows: your username for logging in,
your email address, name, date of birth, your country and address,
telephone number and financial data for the purposes of ensuring a
high level of security, fulfilling the AML legal requirements and for
managing our business relationship.
Subject
to your strict adherence to the Affiliate Agreement, we shall pay you
the Commission in accordance with Clause 6.
COMPANY
RIGHTS AND REMEDIES
In
the case of your breach (or, where relevant, suspected breach) of
this Agreement or your negligence in performance under the Affiliate
Program, or failure to meet your obligations hereunder, the Company
shall have the following remedies available:
the
right to suspend your participation in the Affiliate Program for the
period required to investigate any activities that may be in breach
of the Affiliate Agreement. During such period of suspension payment
of Commissions will also be suspended;
the
right to withhold any Commission or any other payment to the
Affiliate arising from or relating to any specific campaign,
traffic, content or activity conducted or created by the Affiliate
which is in breach of the Affiliate’s obligations under the
Affiliate Agreement;
the
right to withhold from the Commission monies which Company deems
reasonable to cover any indemnity given by the Affiliate hereunder
or to cover any liability of Company which arises as a result of the
Affiliate’s breach of the Affiliate Agreement;
immediately
terminate the Affiliate Agreement;
the
right to withhold monies held in the Affiliate Wallet if they are
not withdrawn within a period of 3 (three) months from the date of
the termination of the Affiliate Agreement in accordance with clause
9.1.
Our
rights and remedies detailed above shall not be mutually exclusive.
COMMISSION
AND PAYMENT
Subject
to your adherence to the provisions of the Affiliate Agreement, you
will earn Commission in accordance with the Commission Structure. We
retain the right to change the Commission percentage and method of
calculation of Commission in accordance with this clause.
The
Commission is calculated at the end of each month and payments shall
be made on a monthly basis in arrears, within 25
days
of receipt of invoice from the affiliates. Payment of Commission will
be made through our Affiliate Wallet. Due to existing regulations,
Affiliates may be required for verification and “know your
customer” documentation before a withdrawal can be accessed.
A minimum
amount of €750 (seven hundred and fifty euro) may be withdrawn via the Bank transfer.
All payments to affiliates should be made by bank transfer, except
when previously negotiated otherwise with affiliate manager.
If
an error is made in the calculation of the Commission, the Company
has the right to correct such calculation at any time and will
immediately pay out underpayment or reclaim overpayment made to the
Affiliate.
The
Affiliate may, at the Company’s sole discretion, be provided with
the opportunity to restructure its commission structure.
The
Affiliate’s acceptance of a Commission payment shall constitute the
full and final settlement of the balance due for the relevant period.
In case the Affiliate disagrees with the balance due as reported, he
or she shall notify the Company within fourteen (14) calendar days
and clearly state reasons of the disagreement. Failure to notify the
Company within this time limit shall be considered as an irrevocable
acknowledgment of the balance due for the relevant period.
The
Commission shall be deemed to be exclusive of value added tax or any
other applicable tax. The Affiliate shall have the sole
responsibility to pay any and all taxes, levies, charges and any
other money payable or due to any tax authority, department or other
competent entity as a result of the compensation generated under the
Affiliate Agreement.
Affiliatesdiv reserves the right not to pay out the sum of Partner's earnings according to the CPA model in case if the Partner brought the players who do not meet the minimum quality requirements (for example, multi-accounts - several accounts at one player; more than 5% of users requested a refund (charge-back)).
Detailed CPA requirements:
The CPA commission allows earning the fixed price for all the invited players.
The terms of payment and the fixed price for a single player are determined individually for each Partner.
Fraud, spam and incent traffic are forbidden.
Test limit 20 FD anything over the limit without agreement will not be paid.
In case of fraud, Affiliate Program stops CPA immediately and blocks Partner's balance due to this cause for an unlimited period after detection of the fraudulent activity.
Unapproved traffic sources and launches will not be paid by CPA and will be transferred to RevShare.
Also If more than 45-50% of players don't make repeated deposits or if 30% or more FD is the minimum deposit,
the affiliate program has the right to freeze the payment to the affiliate or transfer the traffic to RevShare.
Incase of partnership on Hybrid or CPA basis the following terms will
be enforced:
Negative Revenue Share will be deducted from CPA part of the commission. This
takes effect unless otherwise agreed with the affiliate manager
beforehand.
Duplicate accounts and self-excluded players will be deducted from CPA part of
the Commission. This takes effect unless otherwise agreed with the
affiliate manager beforehand.
Initial test cap is paid, if an Affiliate can generate at least 20 FTDs (for
each brand) facing all discussed requirements. If not, we reserve the
right not to proceed with commission payment, until the requirements
discussed beforehand are fulfilled.
A FTD (lead) that is being generated from: social, e-mail, SMS, UAC
sources is paid if a deposit is made within 15 days since a lead made
a registration. A lead who made a FTD after the specified period (15
days) is not part of the commission.
A FTD (lead) that is being generated from PPC source is paid if a
deposit was made within 20 days since a lead had made a registration.
A lead who made a first-time deposit after a specified period (20
days) is not part of the commission.
A FTD (lead) that is being generated from SEO or ASO source is paid if
a deposit was made within 30 days since a lead had made a
registration. A lead who made a first-time deposit after a specified
period (30 days) is not part of the commission.
Please note, in case a big win occurs, and the balance of a player is lost —
such funds shall not be considered as a part of commission fee,
relying to the Terms & Conditions of the Revenue Share and a
Hybrid models.
All and any FTDs generate in GEOs that are not previously agreed, will
not be considered for commission payment.
Commissions invoices can only be paid through the wire bank, signing IO is mandatory.
STANDARD
COMMISSION STRUCTURES
25%
of NGR, if monthly First Time Deposits is equal or below 10 and
Revenue below 15000,
30%
of NGR, if monthly First Time Deposits is from 16 to 30 and Revenue
between 15001-30000
35%
of NGR, if monthly First Time Deposits is from 31 to 50 and Revenue
more than 30001
CONFIDENTIAL
INFORMATION
During
the term of the Affiliate Agreement, you may from time to time be
entrusted with confidential information relating to our business,
operations, or underlying technology and/or the Affiliate Program
(including, for example, the Commissions earned by you under the
Affiliate Program). You agree to avoid disclosure or unauthorised use
of any such confidential information to third persons or outside
parties unless you have our prior written consent. You also agree
that you will use the confidential information only for the purposes
of the Affiliate Agreement. Your obligations in regards to this
clause survive the termination of this Agreement. In addition, you
must not issue any press release or similar communication to the
public with respect to your participation in the Affiliate Program
without the prior written consent of the Company (with approval of
the exact content to also be approved by Company).
TERM
AND TERMINATION
Term
The
term of the Affiliate Agreement will begin when you are approved as
an Affiliate and will be continuous unless and until either Party
notifies the other in writing that it wishes to terminate the
Agreement. In this case the Agreement will be terminated 30 days
after such notice is given. For purposes of notification of
termination, delivery via e-mail is considered a written and
immediate form of notification. For the avoidance of doubt, Company
may also terminate (in accordance with Clause 5 above) upon immediate
notice at any time for the Affiliates failure to meet their
obligations under the Agreement or otherwise for the Affiliates
negligence. Affiliate actions upon termination is spamming, breaking
of marketing rules, registration of own gaming account under own link
and any kind of any other fraud activity.
Upon
termination of the Affiliate Agreement for any reason, all Commission
relating to any New Customers directed to Company during the term
shall not be payable to the Affiliate as from the date of
termination. The current balance will be paid within 90 days of
termination. The exception is fraud activity of the players.
Affiliate
actions upon termination
Upon
termination you must immediately remove all of Company banners or
creatives from the Affiliate Website and disable all Affiliate Links
from the Affiliate Website to all Company Websites. All rights and
licenses given to you in the Affiliate Agreement shall immediately
terminate. You will return to Company any confidential information
and all copies of it in your possession and control, and will cease
all uses of all Company Intellectual Property Rights.
Commission
Upon
termination of the Affiliate Agreement for any reason, all Commission
relating to any New Customers directed to Company during the term
shall not be payable to the Affiliate as from the date of
termination.
MISCELLANEOUS
Disclaimer
We
make no express or implied warranties or representations with respect
to the Affiliate Program, about Company or the Commission payment
arrangements (including, without limitation, functionality,
warranties of fitness, merchantability, legality or
non-infringement). In addition, we make no representation that the
operation of our sites will be uninterrupted or error-free and will
not be liable for the consequences if there are any. In the event of
a discrepancy between the reports offered in the Affiliate Account
system and the Company database, the database shall be deemed
accurate. Indemnity and Limitation of Liability
You
shall indemnify and hold Company, our directors, employees and
representatives harmless from and against any and all liabilities,
losses, damages and costs, including legal fees, resulting from or in
any way connected with (a) any breach by you of any provision of the
Affiliate Agreement, (b) the performance of your duties and
obligations under the Affiliate Agreement, (c) your negligence or (d)
any injury caused directly or indirectly by your negligent or
intentional acts or omissions, or the unauthorised use of our
creatives and links or this Affiliate Program. The Company shall not
be held liable for any direct or indirect, special, or consequential
damages (or any loss of revenue, profits, or data), any loss of
goodwill or reputation arising in connection with the Affiliate
Agreement or the Affiliate Program, even if we have been advised of
the possibility of such damages.
Non-Waiver
Our
failure to enforce your strict performance of any provision of the
Affiliate Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of the
Affiliate Agreement. Relationship of Parties
The
Company and the Affiliate are independent contractors and nothing in
the Affiliate Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between us. You will have no authority to make or accept any offers
or representations on our behalf. You will not make any statement,
whether on your site or otherwise, that would contradict anything in
this Affiliate Agreement.
Force
Majeure
Neither
party shall be liable to the other for any delay or failure to
perform its obligations under the Affiliate Agreement if such delay
or failure arises from a cause beyond its reasonable control,
including but not limited to labour disputes, strikes, industrial
disturbances, acts of God, acts of terrorism, floods, lightning,
utility or communications failures, earthquakes or other casualty. If
such event occurs, the non-performing Party is excused from whatever
performance is prevented by the event to the extent prevented
provided that if the force majeure event subsists for a period
exceeding thirty (30) calendar days then either Party may terminate
the Affiliate Agreement with immediate effect by providing a written
notice.
Assignability
You
may not assign the Affiliate Agreement, by operation of law or
otherwise, without our prior written consent.
Severability
If
any provision of the Affiliate 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 the Affiliate
Agreement or any provision hereof.
English
language
The
Affiliate Agreement was first drafted in English. Should there be any
conflict or discrepancy between the English language version and any
other language, the English version shall prevail.
Modification
of Terms & Conditions
We
may modify any of the terms and conditions contained in the Affiliate
Agreement or replace it at any time and in our sole discretion by
posting a change notice or a new agreement on our site. Modifications
may include, for example, changes in the scope of available
Commissions and Affiliate Program rules. If any modification is
unacceptable to you, your need to terminate the Affiliate Agreement.
Your continued participation in our Affiliate Program following our
posting of a change notice or new agreement will constitute binding
acceptance of the modification or of the new agreement.
We
may periodically make modifications to this Agreement. While we will
do our best to notify you of such changes, we recommend that you
revisit this page regularly. Your continued use of the Affiliate
Program will constitute your consent to the updated Agreement.
Affiliates
will be emailed with any term modifications. We suggest all
affiliates to check the section for any kind of modifications.