TERMS AND CONDITIONS FOR AFFILIATES UNITED AFFILIATE PROGRAMME
The following terms and conditions (“the Agreement”) are those governing the Affiliates United Affiliate Programme (“AUAP”)
IMPORTANT NOTICEPlease read these terms and conditions before joining the AUAP
IF YOU DO NOT AGREE WITH THIS AGREEMENT (OR ARE NOT AUTHORISED TO DO SO) YOU MAY NOT JOIN THE AUAP.
IF YOU HAVE ALREADY JOINED THE AUAP AND DO NOT AGREE TO THIS AGREEMENT, YOU MUST EMAIL THE AFFILIATE TEAM AT firstname.lastname@example.org TO TERMINATE YOUR MEMBERSHIP OF THE AUAP AND THIS AGREEMENT.
IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS PLEASE CONTACT THE TEAM AT THE SAME EMAIL ADDRESS ABOVE.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR OTHERWISE WISH TO REMOVE YOURSELF FROM THE AUAP YOU SHOULD CONTACT email@example.com NOTIFYING THE OPERATOR OF YOUR REQUEST TO BE REMOVED FROM THE AUAP.The Affiliates United Website and the AUAP are owned and operated jointly and severally by:
- - WHG (International) Limited, (company number 99191), registered in Gibraltar with registered office at 6/1 Waterport Place, Gibraltar; and
- - WHG Spain PLC (company number 106862), registered in Gibraltar with registered office at 6/1 Waterport Place, Gibraltar
herein together to be referred to as “the Operator” and therefore any reference to Affiliates United shall be deemed to be a reference to the Operator.
By completing and submitting the application form found on the Affiliates United website which the Affiliate can locate by clicking here, the Affiliate is deemed to have agreed to be bound by all the terms and conditions set out in this Agreement.
“Affiliate” means a member of the Affiliates United Affiliate Programme
“Affiliates United Website” means the website with URL http://www.affutd.com
“Approved Marketing” means marketing by using the Tracker via the Operator’s approved Banners and Text Links and Promotional Mails, including promotion on the Affiliate’s websites;
“App” means the Operator’s mobile application or widget on any platform;
"Banners and Text Links" are the graphical artwork or text that direct traffic to Sites and/or to the Apps through the Affiliate’s Tracker, to permit a Customer to hyperlink to any Site or App;
"Bingo Net Revenue" means the amount of Bingo bets placed by Customers in the relevant calendar month less: (i) the bingo winnings; (ii) bingo bonuses; (iii) Chargebacks; (iv) Gambling Taxes; and (v) any other revenue returns, credits, compensations or refunds given to Customers;
"Casino Net Revenue" means the amount of Casino (including live casino) bets placed by Customers in the relevant calendar month less: (i) the Casino (including live casino) winnings; (ii) Casino (including live casino) bonuses (taking into account any adjustments to the same); (iii) Chargebacks; (iv) Gambling Taxes; and (v) any other revenue returns, credits, compensations or refunds given to Customers;
"Chargeback" or "Credit" is a credit card transaction which is not collectable by a credit card company as a result of Customer’s non-payment or fraudulent credit card use, or other Customer payment transaction which is revoked and for which a credit is given;
“CPA” means Cost Per Acquisition;
"CPA Payment" is the one-time payment for every qualifying Customer payable to the Affiliate if it chooses the CPA reward plan;
"Customer" is an individual that: (i) has opened a new account with the Operator in respect of a relevant Site; (ii) has not previously opened an account with the Operator in respect of such Site; (iii) has had their account registration details adequately validated and approved by the Operator, including (without limitation) that the individual is confirmed to be 18 years of age or above; (iv) places stakes, or plays, (as relevant) with deposited money on the relevant Site via the Affiliate’s Tracker(s); and (v) is qualified and authorised to access and use the relevant Site in accordance with the terms and conditions of use of such Site and complies with all applicable laws, rules and regulations;
"Customer Rake" means, in relation to poker, any rake collected from a Customer;
‘Database” means any storage medium belonging to the Operator which contains, holds, stores or processes data which is owned or controlled by the Operator, or is licensed to or under the control of the Operator, including (but without limitation) any such medium relating to Customers and other users of the Website;
"Deposits" are the funds transferred by Customers to their Customer accounts at the relevant Sites;
"Exit Traffic" means the traffic that an Affiliate brings via an exit window, when Customers leave a Site (using the Affiliate’s unique Tracker);
"Fraud" means an actual or attempted act by the Affiliate or any Customer which is reasonably deemed by the Operator to be (i) illegal in any applicable jurisdiction; (ii) made in bad faith; or (iii) intended to defraud the Operator or any of the Sites and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes the Operator or any of the Sites any damage or harm. Fraud shall include, without limitation, collusion; abuse of bonuses or other promotions; abuse of the CPA reward structure; violation of money-laundering or other laws and regulations; Spamming; false, misleading or unauthorised advertising or representations; use of stolen credit cards; rake-back activity; and unauthorised use of any intellectual property rights (including third parties' and any of the Operator’s or the Sites' rights, and registering or attempting to register adwords in breach of this Agreement), and “Fraudulent” shall be construed accordingly;
“Gambling Taxes" means any tax, duty or levy, including VAT or equivalent, payable by the Operator to any authority in any jurisdiction in respect of bets, stakes, rakes or entry fees received from Customers, whether charged on turnover, gross profits and/or any other profit calculation, although not including corporate income tax or equivalent;
“Lead Affiliate” is an Affiliate who introduces any Sub-Affiliate;
"Licensed Marks" means any logo, trade mark, trade name, design, domain name, insignias or similar identifying material that are owned by, and/or licensed to, the Operator or any of its group companies, or any of the Sites;
“Online Gaming Products” means the Operator’s online poker, casino (including live casino) and bingo products;
“Poker Gross Revenue” means the total of all Customer Rakes plus poker tournament entry fees in the relevant calendar month, less Chargebacks; and any other revenue returns, credits, compensations or refunds given to Customers;
"Poker Net Revenue" means the total of all Customer Rakes plus poker tournament entry fees in the relevant calendar month, less (i) Poker bonuses (taking into account any adjustments to the same); (ii) Chargebacks; (iii) Gambling Taxes; and (iv) any other revenue returns, credits, compensations or refunds given to Customers;
“Poker Side Games” means Casino games within the Operator’s poker software;
"Promotional Mails" means graphical artwork or text regarding specific promotion campaigns, sent by the Operator from time to time for dissemination by the Affiliate;
"Revenue Reward" is the percentage of Casino Net Revenue, Poker Net Revenue, Sportsbook Net Revenue or Bingo Net Revenue payable to the Affiliate if they choose the Revenue Reward reward plan;
"Sites" are the websites and the Apps promoted by the Operator and/or any designated third party appointed by the Operator from time to time and offered within the AUAP from time to time, and all of their related pages, and “Site” or “App” shall mean any of them;
"Spam" means emails and messages that meet any one or more of the following criteria: (i) unsolicited mailing, usually sent to a large number of addressees; (ii) contains false or misleading statements; (iii) does not truthfully identify the source or the originating IP Address and / or the originating email address; (iv) does not contain an online and real time Remove option, (v) bundles certain software with other software, or (vi) inserts icons or causes software download or installation or similar action without the consent of the addressee; and “Spamming” shall be construed accordingly;
“Sportsbook” means the Operator’s online sports betting product;
“Sportsbook Net Revenue” means the amount of Sportsbook bets placed by Customers in the relevant calendar month less: (i) the Sportsbook winnings; (ii) Sportsbook bonuses (taking into account any adjustments to the same); (iii) Chargebacks; (iv) Gambling Taxes; and (v) any other revenue returns, credits, compensations or refunds given to Customers;
"Sub-Affiliate" means any individual who is introduced to the Operator by the Affiliate and who joins the AUAP as a regular Affiliate, and in respect of which the Operator shall pay the Lead Affiliate certain rewards, as further described in this Agreement;
"Tracker" a unique tracking URL that the Operator shall provide exclusively to the Affiliate for the term of this Agreement, through which the Operator shall track Customers and calculate an Affiliate’s Revenue Reward or CPA Payment, as applicable.
- 2.APPOINTMENT AND PROPRIETARY RIGHTS
- 2.1.1Appointment as an Affiliate under the AUAP will occur only once the Operator has received and approved the applicant’s completed application form to become an Affiliate. Upon such approval (which will be at the Operator’s sole discretion and which will be notified to the Affiliate by e-mail), this Agreement will become binding on both parties.
- 2.1.2The Affiliate agrees that it shall neither apply to be, nor be appointed as, an Affiliate if it is an employee, agent or subcontractor of the Operator or any company in the same group of companies as the Operator; or if it is connected in any way to a person or company which meets this definition.
- 2.2Directing new Customers
- 2.2.1Once approved to be an Affiliate under the AUAP the Operator will grant the Affiliate a non-exclusive, revocable right to direct potential Customers to the Sites, in accordance with this Agreement.
- 2.2.2This Agreement does not grant the Affiliate an exclusive right to direct potential Customers to the Sites or any other exclusive right in connection with the Sites or with the AUAP. Except for the payment of the Revenue Reward or CPA Payment (as applicable) the Affiliate will not have any rights with respect to any Customers.
- 2.2.3The Operator may operate additional affiliate programmes in connection with the Sites or any other sites, and the Affiliate will have no right in connection with such other programmes, other than those rights the Operator may expressly grant to the Affiliate.
- 2.3Licence to Use the Licensed Marks
- 2.3.1The Operator hereby grants the Affiliate a non-exclusive, revocable, non-transferable licence, for the term of this Agreement, to use any of the Licensed Marks solely for the Approved Marketing (“Licence”).
- 2.3.2This Licence cannot be sub-licensed, assigned, sold or otherwise transferred by the Affiliate without the Operator’s prior written approval. The Affiliate’s right to use the Licensed Marks is limited to and arises only out of the Licence. The Operator has the right to terminate the Licence at any time by providing written or electronic notification to the Affiliate. The Licence will be terminated automatically upon the termination of this Agreement for any reason.
- 2.3.3The Affiliate shall not assert the invalidity or unenforceability, or otherwise contest the ownership of the Licensed Marks, in any action or proceeding of whatever nature, and shall not take any action that may prejudice the Operator and its Licensed Marks or the Company IP as such term is defined below, the AUAP or any of the Sites and not to do any act or omission which may invalidate or weaken the validity of the Licensed Marks or the Company IP or diminish the Company IP or the Licensed Marks’ associated goodwill.
- 2.3.4The Affiliate shall not register or attempt to register any logo, trade mark, trade name, insignia, design, domain name or similar identifying material that contain the Company IP or are confusingly similar to or are comprised of any of the Licensed Marks or Company IP.
- 2.3.5The Affiliate shall not register or attempt to register and/or open domain names or social media pages or accounts (on any platform) which comprise and/or are similar or confusingly similar to the Company IP or Sites including the Operator’s name, or any other associated brands or companies, including (for the avoidance of doubt) any misspellings of the domain names of any of the Sites (commonly known as ‘typo-squatting), or any phonetics of any of the Sites.
- 2.3.6In the event that the Affiliate does register any domain name referred to in clause 2.3.5, it will on demand by the Operator, immediately cease its use of any such domain name and transfer any such domain name to the Operator or to a third party elected by the Operator.
- 2.3.7In the event the Affiliate does register any domain name referred to in clause 2.3.5, the Operator reserves the right to withhold payments due to the Affiliate until such time as the provisions of clause 2.3.6 have been met to the Operator’s satisfaction. Should the Affiliate fail to comply within a reasonable time of the Operator’s request to do so, or fail altogether to comply with the provisions of clause 2.3.6 and/or the Operator’s instructions in this regard, without prejudice to any of its rights pursuant to applicable legislation, any outstanding payments due from the Operator to the Affiliate shall be forfeirted and the Operator may terminate this Agreement with immediate effect.
- 2.3.8The Affiliate shall not place, purchase or register ‘pre-click’ bids, keywords, search terms or any other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, are similar or otherwise resemble any of the Company IP including without limitation the Licensed Marks. This includes, and is not limited to, any words containing, or derived from, the names of the Sites or the brands used on them, and any typo errors or phonetics of them.
- 2.3.9The Affiliate shall immediately cease to use all Company IP including without limitation the Licensed Marks upon being notified to do so by the Operator (either by electronic or written notification) or on any termination of this Agreement.
- 2.4Commercial Use Only
- 2.4.1The marketing opportunity presented in the AUAP is for commercial use only, and the Affiliate, its family members, friends or associates may not make Deposits, directly or indirectly, through any of its Trackers for its or its own personal use or to increase the amounts payable to it under this Agreement by any act which involves Fraud.
- 2.4.2If the Affiliate wishes to make test transactions to evaluate the system, including Deposits, it should contact firstname.lastname@example.org so the Operator can refund the charges once the Affiliate has completed its testing.
- 2.4.3Transactions deemed by the Operator at its sole discretion to be made in violation of this provision will be deemed Fraud traffic and the Operator will deduct applicable Deposits or traffic from the amounts payable to the Affiliate hereunder.
- 2.5Customers' Data
- 2.5.1The Affiliate acknowledges and agrees that all data relating to the Customers shall be and remain the Operator’s exclusive property.
- 2.6Reservation of IP Rights
- 2.6.1The Affiliate acknowledges and agrees that: a) the Operator and/or any of its group companies is the sole and exclusive owner of all intellectual property rights, including, without limitation, copyrights, in any marketing methods, campaigns, slogans, techniques, Affiliate arrangements, data , trade names, trade marks, brand names, domain names, websites, graphics and designs used by the Operator in connection with the Sites and/or the AUAP and/or otherwise (“Company IP”); and b) the Operator is entitled to use the same in any way or manner at its sole discretion; and it is entitled to maintain such Company IP confidential and withhold its disclosure to the Affiliate unless the Operator agrees otherwise.
- 2.6.1The Affiliate acknowledges and agrees that the Operator is the sole and exclusive owner of its Database, and that the Affiliate shall not make any direct or indirect use of such Database, nor retain a copy in any form or manner whatsoever of the Database, or market any goods or services to any Customer whose details appear in the Database (including the transfer of such details to any third party), unless that Customer’s information is in the Affiliate’s possession or known by it prior to the execution of this Agreement.
- 3THE AFFILIATE’S RIGHTS AND OBLIGATIONS
- 3.1Promotion and Link to Sites
- 3.1.1By joining the AUAP the Affiliate agrees to market, promote and refer potential Customers to the Sites, by creating and maintaining a unique link from its site to the Sites and by disseminating Promotional Mails received from the Operator.
- 3.1.2This link may be established with one or more of the Operator’s Banners and Text Links. The Affiliate will be solely liable for the content and manner of its marketing and promotional activities. All such activities must be conducted at all times in a professional and lawful manner and compliant with all legislation, regulations and codes of practice (including without limitation relevant advertising codes of practice) within the jurisdiction the Affiliate is operating from and also the various jurisdictions of the Customers and any related gambling legislation including but not limited to the UK Gambling Act 2005.
- 3.1.3The Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Customers in the United Kingdom or otherwise subject to regulation by the British Gambling Commission shall include the wording set out at 184.108.40.206 – 220.127.116.11 below.
- 18.104.22.168“18 + only”; and
- 22.214.171.124“Terms and Conditions apply”
- 3.1.4The Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Customers registered in Italy shall include the logos and wording set out at 126.96.36.199 – 188.8.131.52 below.
- 184.108.40.206Two regulator logos (as provided by the Operator);
- 220.127.116.11“18 + only” and/or the equivalent wording in Italian;
- 18.104.22.168Company Name – WHG (International) Ltd. and Licence N. 15038; and
- 22.214.171.124“Terms & Conditions available on www.williamhill.it” and/or the equivalent wording in Italian.
- 3.1.5With the Operator’s written permission, the Affiliate may link directly to the Sites' downloadable.exe file, and in such instance the Operator may ask the Affiliate to comply with additional relevant requirements.
- 3.2Approved Marketing and Layouts
- 3.2.1The Affiliate will promote the Sites solely by way of Approved Marketing and will not alter the appearance, design and content of the Operator’s approved Banners and Text Links and Promotional Mails unless it obtains the Operator’s prior written authorisation. At the Affiliate’s request, the Operator will provide the Affiliate with a code that will enable it to post in its sites rotating banners from the Operator’s banner farm. For the avoidance of doubt no marketing other than Approved Marketing shall be permissible and Banners and Text Links used by the Affiliate pursuant to this Agreement shall direct traffic only to the Operator’s Sites.
- 3.2.2The Affiliate agrees and acknowledges that the appearance and content of the Operator’s Banners and Text Links and Promotional Mails constitute the only authorised and permitted representation of the Sites.
- 3.3Age Limitation
- 3.3.1Participation as an Affiliate in the AUAP is only permitted if the proposed Affiliate is of the legal age for gambling determined by any applicable laws in the proposed Affiliate’s jurisdiction. In any event and under any circumstances, participation in the AUAP shall not be permitted if the proposed Affiliate is under 18 years of age.
- 3.3.2The Operator reserves the right to obtain from the Affiliate appropriate identification that will provide evidence of its age and its account may be suspended until satisfactory proof of age is provided to the Operator.
- 3.3.3The Affiliate will not by itself, nor will it allow, assist or encourage others to, market and promote the AUAP or any of the Sites, directly or indirectly, to persons that are less than 18 years of age or such higher age as may apply as the legal age for gambling in the jurisdiction that it is targeting or operating within, or develop or implement marketing and promotion strategies in respect thereof.
- 3.4Legality of Use
- 3.4.1The Affiliate accepts sole responsibility for determining whether its participation in the AUAP is legal under any laws that apply to it. The Affiliate understands that the Operator does not provide it with any legal recommendation or assurance regarding such legality. The Affiliate should obtain independent legal advice in the applicable jurisdiction from which it is operating and/or to which it is marketing, if it has any doubts about the legality of its participation in the AUAP or the receipt of any payments from the Operator, under any applicable laws.
- 3.5No Fraud
- 3.5.1The Affiliate will not engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves Fraud. The Affiliate will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that it believes or should reasonably believe to potentially involve Fraud, or any act or traffic that the Operator informs the Affiliate is suspected by it, at its discretion, to involve or potentially involve Fraud.
- 3.5.2In the event that the Operator suspects Fraud it reserves the right to place restrictions on the Affiliate’s account including but not limited to suspending the Affiliate’s account and retaining all sums within the account as well as commencing a full investigation. The Affiliate hereby gives the Operator its authorisation to inform the appropriate authorities or third parties of such an incident and only once the Operator is satisfied that the matter is resolved shall it remove any restrictions on the Affiliate’s account.
- 3.6No Rake-Backs
- 3.6.1The Operator does not allow any form of rake-backs in the AUAP. The Affiliate will not offer any rake-back or so-called rake-back schemes whatsoever, or any similar schemes that offer or allow a portion of the Customer’s rake to be returned to the Customer in any form. The Affiliate will also not advertise or be engaged with any site that offers rake-backs. The Operator reserves the right to withhold any amounts due to the Affiliate if it believes the Affiliate was involved in any rake-back activity.
- 3.7Excluded Territories
- 3.7.1The Affiliate will not market or promote any Site within or to persons from any Excluded Territories; or be involved in any traffic coming from any Excluded Territories; or allow, assist or encourage circumvention of any restriction put in place by the Operator and/or any Site in connection with Excluded Territories. "Excluded Territories" include the territories indicated in the list below, which may be changed by the Operator from time to time. IT IS THE AFFILIATE’S DUTY TO CONSULT AND REGULARLY CHECK THIS AGREEMENT REGARDING ANY CHANGES TO THIS LIST. The Excluded Territories are as follows:
THE UNITED STATES AND ITS TERRITORIES, ISRAEL, IRAQ, IVORY COAST, INDONESIA, INDIA, ANTIGUA AND BARBUDA, NETHERLANDS ANTILLES, ESTONIA, CYPRUS, KAHNAWAKE, BULGARIA, HONG KONG, PHILIPPINES, TURKEY, FRANCE AND ITS OVERSEAS DEPARTMENTS, CUBA, IRAN, MYANMAR (BURMA), NORTH KOREA, SUDAN AND SYRIA.
- 3.8Sole Responsibility for the Affiliate’s Site
- 3.8.1The Affiliate will be solely responsible for the operation and content of its site, including for ensuring that materials posted on its site are not: (i) libellous, obscene, sexually explicit, violent or otherwise illegal; (ii) actually or potentially infringing any rights of the Operator and/or any other third party; or otherwise (iii) deemed, at the Operator’s sole discretion, unsuitable and so notified by the Operator. The Affiliate will remove such content immediately upon the Operator notifying the Affiliate that any content is in breach of the above provisions. The Affiliate will be solely responsible for ensuring that all the content of its site is original or otherwise is permitted to be published by the owner thereof and it shall obtain all licences to use any material not produced by it.
- 3.8.2The Affiliate will not make any claims, representations or warranties in connection with the Operator or any of the Sites, and it will not be authorised to make any commitment or assume any liability or obligation on the Operator’s behalf or on behalf of any of the Sites.
- 3.8.3The Affiliate agrees to ensure that its activities and its site will comply with all legislation, regulations and codes of practice in the jurisdiction that it is operating from and any other jurisdiction that a Customer or the Operator operate within.
- 3.8.4In the event that the Affiliate is found to be in breach of any legislation it agrees to indemnify the Operator for any costs relating to any legal proceedings, actions, disputes, damages and penalties.
- 3.9.1During the Affiliate’s participation in the AUAP, the Operator may disclose to the Affiliate or the Affiliate might otherwise obtain certain information which is either marked as or by its nature is confidential and proprietary to the Operator (herein referred to as "Confidential Information").
- 3.9.2The Affiliate shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement.
- 3.9.3Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by applicable law or any legal agency having jurisdiction over the Affiliate (in which case the Affiliate will give the Operator immediate notice of such requirement).
- 3.10Other Restrictions
- 3.10.1In addition and without derogating from any of the above, the Affiliate will not at any time by itself, nor will the Affiliate allow, assist or encourage others to, do any of the following:
- 126.96.36.199Use or cause Spamming.
- 188.8.131.52Do any act or omission that disparages the Operator or any of the Sites or that otherwise is damaging or is reasonably expected to be damaging to the Operator’s goodwill or to the goodwill of any Site or the Operator’s reputation.
- 184.108.40.206In any way alter, affect or interfere with the operation or accessibility of the Sites or any page thereof.
- 220.127.116.11Do any act which causes the Affiliate’s site or any other site to copy or resemble the look and feel of any of the Sites or attempt to pass as any of the Sites or create the impression that any such sites are the Sites or otherwise confuse potential Customers in connection therewith.
- 18.104.22.168Communicate, engage or become involved with any of the Sites, in any way, without the Operator’s prior written consent.
- 22.214.171.124Alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof.
- 126.96.36.199Intercept or redirect (including via user-installed software) traffic from or on any online website or other place that participates in the AUAP.
- 188.8.131.52Use any trade mark, business name or other intellectual property without the prior written approval from the relevant owner of the intellectual property right.
- 184.108.40.206Use in any manner whatsoever (including without limitation on Banners and Text Links and within domain names) the trade marks “32vegas”, “32 vegas”, “32V”, any derivation thereof or any mark that is substantially, confusingly (or likely to be confusing) and/or colourably similar and any other mark from time to time advised by the Operator.
- 220.127.116.11Do any activity that in the Operator’s reasonable opinion would be deemed unsuitable, Fraudulent, erroneous, misrepresentative or inappropriate.
- 18.104.22.168In the event that the Affiliate is found to be in breach of the above, the Operator reserves the right to suspend the Affiliate’s account and will hold payment of all monies due to the Affiliate until it is satisfied that the matter is resolved and that the Affiliate is no longer in breach of any of the above. If the Operator cannot satisfy itself within a reasonable time that the matter has been resolved, it reserves the right to treat all payments or amounts due to the Affiliate as forfeited and to provide notice of immediate termination to the Affiliate.
- 4.THE OPERATOR’S RIGHTS AND OBLIGATIONS
- 4.1Registering and Tracking Customers
- 4.1.1The Operator will register the Affiliate’s Customers and track their play, and will calculate the amounts payable to the Affiliate in accordance with the applicable reward plan.
- 4.1.2The Operator reserves the right to manage the Sites to refuse new Customers or to close the accounts of existing Customers if necessary. This will be at the Operator’s sole discretion in order to comply with any requirements it considers mandatory, including without limitation requirements concerning Fraud, unlawful activity, breach of the respective Site's terms and conditions of use, or otherwise.
- 4.1.3The Operator may, from time to time, appoint third parties as designated parties whose websites shall be included, for the purposes of this Agreement, as Sites.
- The Operator will make payments to the Affiliate in accordance with the applicable reward plan as detailed below.
- The Operator will provide the Affiliate with remote online access to reports regarding Customer activity and the Revenue Reward generated (if applicable). The form, content and frequency of the reports will be subject to change at the Operator’s discretion. The Operator will not be liable for the completeness or accuracy of any reports.
- 4.4Recording Calls
- All telephone conversations between the Affiliate and any of the Operator’s staff may be recorded, and the Affiliate hereby consents to such recording. Any recordings will be treated in the strictest confidence and the content may be used by the Operator in the event of a misunderstanding, dispute, or for training purposes.
- 5.IDENTITY VERIFICATION; SUPPORTING DOCUMENTATION
- 5.1Identity Verification
- 5.1.1It is the Operator’s policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The Operator will verify the Affiliate’s identity through the information provided by the Affiliate and by obtaining information from public sources and data. The Operator will make its best efforts to reasonably ensure that it knows the true identity of any of its Affiliates. Should the Operator be unable to adequately satisfy itself of the Affiliate’s identity, it shall not be obliged to provide the Affiliate with any information as regards the reasons for such failure to identify the Affiliate.
- 5.1.2For the avoidance of doubt, the Affiliate agrees that the Operator may use any personal information provided by the Affiliate for the purposes of verifying its identity in accordance with clause 17.1.
- 5.2Supporting Documentation
- The Affiliate agrees to provide the Operator with any supporting documents requested by it. The Affiliate is aware that the Operator has the right to delay payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a letter of reference from the individual’s bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company's certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner of the company and the identity of the directors of the company.
- 6.REVENUE, PAYMENTS AND FEES
- 6.1In this section the Affiliate will find details of the following payment mechanisms. The Payment mechanism which applies to the Affiliate will be indicated on the Affiliate’s application to join the AUAP or agreed with the Affiliate’s account manager (as the case may be) and shall be referred to herein as the Affiliate’s “Reward plan”:
- A. Revenue Reward
- B. Cost Per Acquisition (CPA)
- C. AFFUTD Sub-Affiliate Programme
- D. Poker Gross Revenue Reward
A. Revenue Reward
The Revenue Reward model is derived from the Online Gaming Products and from the Sportsbook, the calculation of which is described below.
For the avoidance of doubt, each component of the Revenue Reward model may be calculated to be a negative figure. However, if the sum of both such components results in a negative number, the Affiliate’s total Revenue Reward for the relevant calendar month shall be zero, and no ‘reverse’ payment shall be due from the Affiliate to the Operator.
The Operator offers a revenue share model across all of its Online Gaming Products and Sportsbook. This is a model based on the number of new Customers referred per calendar month in relation to the Online Gaming Products and Sportsbook.
Revenue Reward Plan Table
First 3 calendar months from date of joining AUAP: Percentage of Net Gaming Revenue
4th calendar month onwards unless agreed otherwise in writing by the parties: Percentage of Net Gaming Revenue*
Casino (including Live Casino)
Games & Skill
* At any time where 3 calendar months have passed without the Affiliate directing any Customers to the Operator’s Sites, the default Revenue Reward set out in the table above and any other Revenue Reward agreed by the parties in writing at any time shall no longer apply and instead shall be set at 5% of all Online Gaming Products and Sportsbook.
For the purposes of the table above, “Net Gaming Revenue” shall mean Poker Net Revenue, Casino Net Revenue Bingo Net Revenue, or Sportsbook Net Revenue, as appropriate.
B. Cost Per Acquisition (CPA)
If the Affiliate is interested in the Cost Per Acquisition (“CPA”) reward plan, it should contact its account manager.
Specific conditions which apply to the Affiliate’s CPA Reward plan will be set by the Affiliate’s account manager and will be set out on the Affiliate’s application to join the AUAP or otherwise agreed in writing with the Operator (as the case may be). The following general terms and conditions will apply to all CPA Reward plans (unless agreed to the contrary with the Affiliate’s account manager):
(1) In any event of a Chargeback, credit or suspected underage gambler (proven or not verified to be over 18), such a Customer will not be considered for the purpose of the CPA plan, and any CPA Payment made to the Affiliate in respect of such Customer shall be deducted from future payments to the Affiliate.
(2) A CPA Payment will be due and payable to the Affiliate in respect of a qualifying Customer only upon: (a) the first registration of such Customer in one of the Sites; (b) the depositing of the minimum required amount; and (c ) the placing of the minimum stake as set out in the Affiliate’s AUAP account. The depositing of any such minimum amount may be made once or in a cumulative manner in accordance with the criteria set out in the Affiliate’s AUAP account. Any subsequent activities of such Customer in that Site or in other Sites, including playing different games in that Site or in other Sites (for example, playing Poker after Casino games), will not entitle the Affiliate to any payment in respect of such activities. A CPA Payment will be paid to the Affiliate only once for each qualifying Customer, regardless of the number of Sites and/or number or type of games played by that Customer.
The Operator shall not pay any CPA to Affiliates for UK Sportsbook Customers directed to its Sites on the day of the Grand National race and on the day preceding such race.
C. AFFUTD Sub-Affiliate Programme - Reward Plan & Reward Plan Structure
Any person or entity that is introduced to the AUAP by the Affiliate, and joins the AUAP as an Affiliate by submitting to the Operator the standard application form through the Sub-Affiliate link on the AUAP site (from such time that the same is made available) will be considered to be the Affiliate’s Sub-Affiliate and tracked as such. Any Sub-Affiliate will be treated as a regular Affiliate in the AUAP and will be bound by the terms and conditions of this Agreement, and the Affiliate will be liable to the Operator, jointly with any Sub-Affiliate, for the performance of that Sub-Affiliate's obligations under this Agreement.
To reward the Affiliate for obtaining Sub-Affiliates and to incentivise the Affiliate to obtain additional Sub-Affiliates, in addition to paying the Sub-Affiliate (as an Affiliate of the Operator) the rewards set forth in this Agreement, the Operator will also pay the Affiliate an additional reward in respect of the payments made to the Sub-Affiliate, as set out in the table below.
|Revenue Levels (Webmasters)||Referral Bonus Level|
|5th Tier and up||0.1%|
All of the Affiliate’s Sub-Affiliates are the Operator’s Affiliates and, as such, will be entitled to payments according to one of the Reward plans described in sections A – B above. Being the Operator’s Affiliates who are party to this Agreement, they will also be entitled to introduce to the Operator their own Sub-Affiliates, each of whom will automatically also be considered as the Affiliate’s indirect Sub-Affiliate. As a result, the Affiliate may have "under it" a chain of Sub-Affiliates, each constituting a certain "Tier" in relation to it. The reward table above shows the percentage the Affiliate will be entitled to receive from the payments made by the Operator to the relevant Sub-Affiliate.
D. Poker Gross Revenue Reward
The Poker Gross Revenue Reward Model* is based on the following calculation:
A percentage share of the Poker Gross Revenue with subsequent deduction of any Poker bonuses Customers have received on the basis of percentages agreed in writing with the Operator.
*When choosing the Poker Gross Revenue Reward model, Poker Side Games Revenue Reward will be calculated as 10% of the amount of Casino bets placed by Customers in the relevant calendar month less the Casino winnings.
- 6.2Final and Binding Data and Calculations
- All calculations in connection with the amount payable to the Affiliate, whether under the Revenue Reward or the CPA Reward plans, will be made by the Operator and based solely on its systems' data and records, and its calculations will be final and binding.
- 6.3Change of Reward plan
- The Operator reserves the right to change the Affiliate’s chosen Reward plan upon notice to the Affiliate. Any such change will take effect from the date of such notice.
- 6.4Business by Other Persons
- You shall have no claims to Revenue Reward, CPA Payment, or other compensation on business secured by or through persons or entities other than yourself.
- 6.5The Affiliate’s Losses as a Customer
- If the Affiliate is also a Customer in one of the Sites, the Operator reserves the right to exclude the Affiliate’s losses or rakes as a Customer in the Revenue Reward due to the Affiliate.
- 6.6Exit Traffic
- Exit Traffic will be considered as regular traffic for the purpose of calculating the Affiliate’s Revenue Reward (if applicable). If the Affiliate does not wish to have an exit window, it should send a request by email to either its Affiliate account manager or to email@example.com to have this exit removed.
- 6.7Payment Procedure
- At the start of every calendar month, the Operator will make available to the Affiliate in his AUAP account a statement showing any balance due to the Affiliate (if any) in respect of the previous calendar month. Such statement of account will be deemed to have been accepted and agreed by the Affiliate if the Operator does not receive any comments as to the accuracy of the statement within two weeks of the date of such statement.
The Affiliate will be paid its relevant payment under its Reward plan on a calendar monthly basis by way of the Affiliate’s chosen currency and payment method (where available), provided the amount payable to the Affiliate is not less than (a) US$5 (or equivalent amount in the relevant currency) where the Affiliate is using a MoneyBookers, Web Money, PayPal, Neteller system and/or other e-payment system made available by the Operator; and/or (b) not less than US$200 (or equivalent amount in the relevant currency) where the Affiliate is paid by wire transfer. If these minimum amounts are not reached in a particular calendar month, the Operator will be entitled to withhold payment and carry the amount due to the Affiliate to the next calendar month and so on, until the minimum amounts are reached. All payments will be due and paid in Euros or in any other currency at the Operator’s discretion.
The Operator will transfer funds only to the designated account detailed on the Affiliate’s application form. Third party wire transfers are prohibited by the Operator.
- 6.8Taxes and Other Charges
- The Affiliate is fully responsible for all taxes, fees and other costs incidental to and arising from any payments made to it under this Agreement, including without limitation any processing fees. The Affiliate will indemnify and reimburse the Operator for any costs, expenses or losses that may be caused to it as a result of any claim or demand made by any governmental or other authority, with regard to tax withholding obligations or similar obligations to which the Operator may be subject in connection with making payments to the Affiliate. The Operator will be entitled to withhold or set-off any such amounts from the payments made to the Affiliate.
- 6.9Processing Fees
- The credit card processing fees applicable to Customers, as well as other processing fees as may from time to time be be applicable in the future, will be deducted from the Casino Net Revenue, Poker Net Revenue, Poker Gross Revenue or Bingo Net Revenue,as applicable, from which the Affiliate’s Revenue Reward is derived. Current blended processing fees for all payment methods available to Customers (including without limitation credit card, debit card, wire transfer, cheques, Ukash and Paysafecard) are 4%-6% of all Deposits. Such fees, however, are subject to change at any time.
- 6.10Chargebacks and Credits
- If a Chargeback or Credit occurs during the fee payment-processing period (usually 12 business days), the Operator reserves the right to deduct such amounts and the associated fees from the amounts due to the Affiliate under the Revenue Reward plan. Any Chargeback or Credit to a Customer in respect of which the Affiliate has chosen the CPA reward plan will disqualify such Customer and the Affiliate will not be entitled to any payment with respect to such Customer.
- 6.11Right to Withhold Amounts
- 6.11.1The Operator reserves the right to withhold all amounts due and payable to the Affiliate under this Agreement if it believes that any Fraud has taken place or is contemplated which involves the Affiliate, whether or not the withheld amounts relate to the event in question. If the Operator believes that a Fraud has taken place or is contemplated by any Customer without the Affiliate’s knowledge, it will be entitled to withhold any amounts due to the Affiliate in connection with such Fraud. The Operator will also be entitled, in the foregoing events, to set-off from future amounts payable to the Affiliate any amounts already received by the Affiliate which can be shown to have been generated by Fraud.
- 6.11.2The Operator does not support any kind of content stealing or copying (site scraping) or any breach of any intellectual property rights, and it reserves the right to suspend and if necessary terminate the Affiliate’s account with it, if it is proven that the Affiliate is responsible for using such methods, and/or to transfer the amounts payable to the Affiliate to the original content creator and/or intellectual property rights holder.
- 6.11.3The Operator reserves the right to delay or withhold payments if any supporting documents relating to the payments to be made to the Affiliate and/or those referred to in clause 5.2 of this Agreement are not promptly provided to it upon request.
- 6.11.4If the Operator determines, at its sole discretion, that the Affiliate has engaged in any activity forbidden in this Agreement, including without limitation activity that involves Excluded Territories, or that the Affiliate has otherwise breached any of its representations, warranties or undertakings in this Agreement, the Operator may (without prejudice to any other rights or remedies available to it) withhold any amounts due and payable to the Affiliate hereunder, whether or not generated by such forbidden activity or breach and further suspend or terminate the Affiliate’s account at its discretion.
- 6.12Negative Balance Carry-Over
- 6.12.1A negative balance in the Affiliate’s Affiliate account with the Operator means that in any calendar month the total of all bets generated on the Affiliate’s Trackers is less than the total sum of all winnings and bonuses generated on the Affiliate’s Trackers .
- 6.12.2The Operator has a negative carry-over policy, meaning that any negative balance in the Affiliate’s Affiliate account will be carried over to subsequent months and will be set-off against the payments due to the Affiliate in the subsequent months, until the full negative balance is thus set-off.
- 7.TERM AND TERMINATION
- 7.1Term and Termination
- 7.1.1This Agreement will come into force when the Affiliate’s application to join the AUAP is approved by the Operator, and shall continue in force unless and until either the Affiliate or the Operator notifies the other in writing that it wishes to terminate this Agreement, in which case this Agreement will be terminated immediately.
- 7.1.2For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
- 7.1.3Notwithstanding the provisions of clause 7.1.1 above, the Operator may immediately terminate this Agreement if it determines, at its sole discretion:
- 22.214.171.124that the Affiliate or any of its Customers are engaged in Fraud or are suspected of being engaged in Fraud;
- 126.96.36.199that it has doubts in respect of the Affiliate’s true identity and that the Affiliate is unable to provide the Operator with appropriate identification to effectively verify the Affiliate’s identity;
- 188.8.131.52that any of the Affiliate’s activities pose a risk to the integrity of the AUAP;
- 184.108.40.206that the Affiliate’s site is aimed at minors (below the age of 18 or a higher age as determined in any applicable jurisdiction);
- 220.127.116.11that the Affiliate’s site is aimed at or operates within the Excluded Territories;
- 18.104.22.168that the Affiliate’s site promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; violates the intellectual property rights (including the Operator’s, those of any Sites or those of any third party); includes content which is libellous, obscene, sexually explicit or violent; promotes any unlawful activities; or at the Operator’s discretion is deemed unsuitable or inappropriate;
- 22.214.171.124that the Affiliate site is in breach of any applicable law and/or applicable advertising code of practice; and/or
- 126.96.36.199that there is no activity in the Affiliate’s account for forty five days, in which case this Agreement will be deemed to have been terminated by the Affiliate without notice.
- 7.2Results of Termination
- 7.2.1Immediately following the termination of this Agreement for any reason, the Affiliate must remove all of the Operator’s Banners and Text Links from its site, as well as any other Marks, names, symbols, logos, designs or any other material, graphics and content owned, developed, licensed or created by the Operator and/or provided to the Affiliate by the Operator in connection with this Agreement. The Affiliate must also disable any links from its site to any Site, and stop any activity relating to Promotional Mails. All rights and licences granted to the Affiliate in this Agreement shall immediately terminate.
- 7.2.2If the Affiliate has failed to fulfil its obligations and responsibilities under this Agreement, the Operator will not pay the Affiliate the Revenue Reward otherwise owing to the Affiliate on termination or thereafter, where applicable.
- 7.2.3The Operator may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid and that there are no debts or liabilities owing from you to it. The Operator will be entitled to deduct from any payments due and payable to the Affiliate, any such debts and liabilities due to it, if any.
- 7.2.4Any continued access and use by Customers of any of the Sites following the termination of this Agreement (if any) shall not constitute continuation or renewal of this Agreement or a waiver of its termination. For the avoidance of doubt, no additional payments will be due from the Operator to the Affiliate in relation to the same.
- 7.2.5Notwithstanding deemed termination pursuant to clause 188.8.131.52, any account unused for withdrawals, or otherwise inactive, for a period of at least thirty six (36) consecutive months will be an “Inactive Account”. The Operator shall notify the Affiliate that its account is an Inactive Account and that the Inactive Account Fee will be deducted if the Affiliate does not reactivate its account (“Inactive Account Notice”). The Operator shall be entitled to retain fifty (50) percent of the total balance remaining on the Inactive Account (“Inactive Account Fee”) after 14 days have elapsed from the date of the Inactive Account Notice. Should the Affiliate subsequently fail to withdraw the remaining balance from the account, the Operator shall be entitled to retain the remainder of the balance on the account without further notice to the Affiliate upon expiry of 45 days from the date of the Inactive Account Notice.
- 7.2.6The following clauses shall survive termination of this Agreement for any reason: 2.3.4, 2.3.5, 2.3.6, 2.3.7, 2.3.8, 3.9, 9, 11, 12, 17.1, 17.3, 17.9.
- 8.THE AFFILIATE’S REPRESENTATIONS AND WARRANTIES
- Without derogating from, and in addition to, any of the Affiliate’s other representations, warranties, covenants and obligations contained in this Agreement, the Affiliate hereby represents and warrants to the Operator the following:
- 8.1the execution, delivery and performance by the Affiliate of this Agreement and the completion by the Affiliate of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which the Affiliate is subject to;
- 8.2the Affiliate is not under the age of either (i) 18, or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to it, whichever is greater; and the Affiliate is not a resident of any of the Excluded Territories;
- 8.3the Affiliate is not involved in or does not intend to be involved in or is not aware of any act or traffic that involves its site and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including but not limited to money laundering, under any applicable law, rule or regulation; and
- 8.4by participating in the AUAP, the Affiliate acknowledges that it does not find the Operator’s services to be offensive, objectionable or unfair in any way.
- Without limiting any of the Operator’s rights and remedies hereunder or under any applicable laws, the Affiliate agrees to defend and hold the Operator and its shareholders, directors, officers, employees, agents and other representative harmless, and to immediately indemnify them upon their written demand, against any and all liabilities, losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of, or in any way connected with:
- 9.1any breach by the Affiliate of any warranty, representation, or agreement or clause contained in this Agreement;
- 9.2the performance of the Affiliate’s duties and obligations under this Agreement; and
- 9.3any claim or demand by a third party relating to the development, operation, maintenance or content of the Affiliate’s website, including (for the avoidance of doubt, but without limitation) the content on it, its domain name, metatag or any adword or other search engine optimisation tool connected to it.
- 10.NO WARRANTIES
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE OPERATOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AUAP OR TO ANY ARRANGEMENTS CONTEMPLATED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH REGARD TO THEIR FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, LEGALITY OR NON-INFRINGEMENT. IN ADDITION, THE OPERATOR MAKES NO REPRESENTATION THAT THE OPERATION OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE AND IT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- 11.NO LIABILITY FOR PROMOTED SITES
- The Operator is not liable in any way, nor does it assume any responsibility for or make any representations or warranties with regard to, any of the Sites, their operations, content or any other aspect related thereto.
- 12.LIMITATION OF LIABILITY
- 12.1ANY LIABILITY TO THE AFFILIATE ARISING FROM THIS AGREEMENT AND THE AUAP IS LIMITED TO DIRECT DAMAGES ONLY. THE OPERATOR WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- 12.2IN ANY EVENT AND UNDER ANY AND ALL CIRCUMSTANCES, THE OPERATOR’S AGGREGATE AND TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AUAP WILL NOT EXCEED THE AGGREGATE OF ALL PAYMENTS MADE TO THE AFFILIATE UNDER THIS AGREEMENT OVER THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
- 12.3Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
- 12.4Nothing in this Agreement shall serve to limit the Operator’s liability to the Affiliate for death or personal injury caused by the Operator’s negligence, or for fraud.
- 12.5FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE OPERATOR BE RESPONSIBLE FOR ANY DISPUTE OR CLAIM BETWEEN THE AFFILIATE AND ANY USER OF THE AFFILIATE’S WEBSITE.
- 13.RELATIONSHIP OF PARTIES
- 13.1The relationship between the parties to this Agreement is that of independent contractors and nothing contained in this Agreement shall be deemed to create a joint venture, partnership, employment, agency or similar arrangement between the parties. No party possesses the power or authority to bind the other, or to assume or create any obligation or responsibility, expressed or implied, on behalf of the other, and no party shall represent to anyone that it possesses such power or authority, except to the extent that such is required for the performance of the obligations of each party as detailed in this Agreement.
- 13.2The Affiliate will have no authority to make or accept any offers, representations or obligations on the Operator’s behalf. The Affiliate will not make any statement, whether on its site or otherwise, that could be reasonably construed to contradict the foregoing.
- 13.3The Affiliate agrees to indemnify the Operator for any and all payments that it is required to make to any of the Affiliate’s employees in the event that any judgment is imposed on the Operator by a Court or Tribunal stating that an employer-employee relationship existed between the Operator and the Affiliate’s employees.
- 14.INDEPENDENT INVESTIGATION AND ACKNOWLEDGEMENT
- 14.1THE AFFILIATE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.
- 14.2THE AFFILIATE UNDERSTANDS THAT THE OPERATOR MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT, OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH THE AFFILIATE’S SITE.
- 14.3THE AFFILIATE ACKNOWLEDGES THAT IT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AUAP AND THAT IT IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
- 15.AMENDMENTS TO AGREEMENT
- 15.1The Operator may amend any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting the amended agreement on the "Terms & Conditions" page on the Affiliates United Website. Any changes will take effect from the date specified at the head of the Agreement and the Affiliate is solely responsible for making itself aware of any such amended versions and changes. It is important, therefore, that the Affiliate logs in from time to time to the section of the Affiliates United Website relating to ‘Affiliates’ to check to see whether an amended version has been posted to the Affiliates United Website, or carry out such checks by other relevant means. Amendments may include, for example, changes in the reward amounts payable under this Agreement, payment procedures, and restrictions on operation and any other AUAP rules. None of the Operator’s employees, officers or agents may orally amend, modify or waive any provision of this Agreement.
- 15.2IF ANY AMENDMENT IS UNACCEPTABLE TO THE AFFILIATE, THE AFFILIATE’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE’S CONTINUED PARTICIPATION IN THE AUAP FOLLOWING THE OPERATOR’S POSTING OF ANY AMENDED AGREEMENT ON ITS SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE AMENDED AGREEMENT, WHETHER OR NOT THE AFFILIATE HAS ACTUALLY LEARNED OF OR READ THE RELEVANT CHANGES.
- 16.DATA PROTECTION
- 16.1The Affiliate shall at all times comply with the Data Protection Acts 1988 and 2003, as amended, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all other applicable data privacy rules, laws and regulations anywhere in the world.
- 17.1Use of the Affiliate’s Personal Information
- 17.1.1The Affiliate acknowledges that its personal information (meaning any information about it from which it can be personally identified, such as its name, address, telephone number or email address) may be used by the Operator for the following purposes:
- 184.108.40.206To set up and maintain the Affiliate’s account with the Operator; and for the provision of the services to which this AUAP relates;
- 220.127.116.11to Comply with relevant regulations regarding the Affiliate’s registration with the Operator, including verifying the information which the Affiliate provides to it;
- 18.104.22.168to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and breaches of this AUAP; and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities and/or other online gambling and gaming operators or other online service providers;
- 22.214.171.124to keep the Affiliate informed of future events, offers and promotions in relation to its account; and to provide the Affiliate with important information about its account;
- 126.96.36.199for any other purpose which is necessary for the performance of the Operator’s contractual obligations to the Affiliate, or for enforcing the Affiliate’s compliance with its contractual obligations to the Operator.
- 17.1.2The Affiliate hereby consents to the use of its personal information as set out in clause 17.1.1 above by the Operator, including the disclosure by the Operator to relevant third parties for such purposes, including (without limitation) to:
- 188.8.131.52identify and/or age verification agencies, and/or credit checking agencies;
- 184.108.40.206relevant authorities, other online gambling and gaming operators, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions, and the Affiliate hereby agrees to cooperate fully with the Operator in respect of any such investigations of activities which it or any such third party may carry out.
- 17.2Remedies and Injunctive Relief.
- The Operator’s rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the Operator’s rights or remedies in connection with this Agreement shall not preclude the exercise of any other right or remedy. The Affiliate acknowledges, confirms and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach by the Affiliate of any provision of this Agreement, the Operator’s rights and obligations may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of the Operator’s rights at law, contract or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that the Operator’s respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
- 17.3Governing Law and Jurisdiction.
- 17.3.1The construction, validity and performance of this Agreement will be governed by English law.
- 17.3.2This however, shall not prevent the Operator from bringing any action in a Court of any jurisdiction for injunctive or similar relief.
- 17.3.3The English language version of this Agreement will prevail over any other language version issued by the Operator.
- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity or unenforceability will not affect the other provisions of this Agreement which will remain in full force and effect.
- 17.5Contracts (Rights of Third Parties) Act 1999
- Save where a third party has been designated by the Operator to promote a website pursuant to clause 4.1.3, the parties do not intend that the terms of this Agreement shall be enforceable by any person who is not a party to this Agreement and therefore the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- 17.6No Waiver
- The Operator’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
- 17.7No Assignment.
- The Affiliate may not assign or transfer this Agreement or any part thereof without the Operator’s prior written consent.
- 17.8Entire Agreement.
- This Agreement constitutes the complete understanding and agreement of the parties and supersedes all prior negotiations, understandings, agreements, representations and warranties of any nature whether or not in writing between the parties with respect to the subject matter of this Agreement.
- Unless otherwise agreed to by the parties in writing, all notices required under this Agreement will be deemed effective when received and made in writing either electronically with a read receipt requested or by registered postal mail to the addresses detailed in the Affiliate’s Affiliate registration details or to the Operator by way of email at firstname.lastname@example.org.
- THIS VERSION DATED AND EFFECTIVE FROM: 1st December 2013