Affiliate Terms & Conditions

The affiliate program is provided by DMG Solutions B.V. (hereinafter The Company), a company incorporated under the laws of Curacao and having its registered office at Pareraweg 45, Willemstad, Curacao.

It is important that you (the “Affiliate”, “You”) read and understand these Terms and Conditions and Privacy Policy before using these services.

By completing the affiliate application to the affiliate program and clicking I have read and agree to the affiliate terms and conditions (the terms) within the registration form, you (hereinafter the Affiliate) hereby agree to participate in the affiliate program and abide by all the terms and conditions set out in this agreement. The Company reserves the right to amend, alter, delete or extend any provisions of this agreement, at any time and at its sole discretion, without giving any advance notice to the affiliate subject to the terms set out in this agreement.

If you do not agree to the following Terms and Conditions and Privacy Policy, you should discontinue your application.

Definitions

Admin Fee

Means the value which contains Games and Platform costs, Transaction Costs, Jackpot Contributions and operating costs. The Admin Fee is 25% and will be deducted from Gross Gaming Revenue before Revenue Share is calculated.

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, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of the Company and/or the Operator Website made known to the Affiliate from time to time.

Affiliate

Means you, the person or entity, who applies to participate in the Affiliate Program.

Affiliate Application

Means your application to join the Affiliate Program via the Affiliate Program website.

Affiliate Payment

Means any Revenue Share, Hybrid Payment and/or CPA Payments.

Affiliate Program

Means the Affiliate Program operated by any brands owned and/or used by The Company.

Affiliate Website(s)

Means one or more website(s) on the Internet which are maintained and operated by the Affiliate.

Chargeback

The reversal of a payment made previously to the Operator Website by a Customer or the credit card-issuing bank or any other third-party payments solution provider. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.

Commission

Means the percentage of the Net Revenue as set out in the Commission Structure.

Commission Structure

Means the commission structure contained under Clause 18 below or any specific commission structure expressly agreed between the Company and the Affiliate.

Confidential Information

Means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Operator Websites, technology, marketing plans and manners of operation.

CPA Deal

Means a Cost-Per-Acquisition deal, whereby The Company pays You a predetermined amount for each Referred Player.

Customer/Player

An individual referred or directed by You in any appropriate manner to a Product offered by The Company who can be linked to Your (or Your organization’s) Affiliate account and/or identity who registers a Customer account with the Operator Website. By opening an account with the Operator Website, that Player will become Our customer and must comply with all Our applicable rules, policies, and operating procedures.

Campaigns

CPA’s or Revenue share from any campaigns that have not been agreed upon, will not be paid for. This includes adult, brand bidding, incentive traffic, amongst others.

Fraud

Any form of fraud committed by a Referred Player, which in the sole opinion of The Company, is deliberately practiced by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to:

Fraud Costs

The costs incurred (financial or otherwise) by the Company as a direct or indirect result of Fraud committed by You, Your employees, Sub-Affiliates, business partners, Customers, and/or third parties linked to Your affiliate Account to whom You, as an Affiliate, have introduced to the Company.

Gross Gaming Revenue

Means All Player bets minus All player winnings.

Intellectual Property

Means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, confidential information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.

Links

Means Internet hyperlinks from the Affiliate Website(s) to the Operator Websites.

Myaffiliates

Is the platform used by The Company to track Your marketing campaigns.

Net Revenue

Means All Player bets less (a) All Player winnings, (b) administration fees, (c) player bonuses, (d) fraud costs, (e) charge-backs, (f) returned stakes and (g) monies paid out as duties or taxes; and for the avoidance of doubt, all amounts referred to above are only in relation amounts generated from New Customers referred to the Operator Websites by the Affiliate Website(s).

Operator Website

The website www.heycasino.com, or any other online gaming websites operated by The Company.

Payment Provider Fees

Means the expense the Company must pay each time it processes an electronic payment for a customer transaction. The fees vary across payment provider and markets, in most cases 3-4% payment fees will be applied per transaction.

Parties

Means either The Company or the Affiliate (each a Party).

Player Bonuses

Means any bonuses and/or loyalty bonuses credited to a Player.

Privacy Policy

Means the Operator Website privacy policy, which can be found by clicking the link named “Privacy Policy” in the footer of the Operator Website.

Progressive Contributions

A percentage of revenue generated on any progressive game that is paid over by Us into the network’s progressive pool.

Revenue Share Deal

Means a deal where You receive commission through a revenue share model that is tracked on Myaffiliates.

1. Introduction

1.1 The Company is responsible for the marketing services of the online gaming activities offered through the Operator Website.

1.2 The Affiliate maintains and operates the Affiliate Website(s).

1.3 This Agreement sets out the general terms and conditions of the Affiliate Program and is entered into between the Company and the Affiliate.

1.4 By completing and accepting the Affiliate Application the Affiliate accepts, and agrees to abide by, all the terms and conditions of the Agreement.

1.5 This Agreement shall be binding on the Affiliate once the Affiliate Application has been submitted but shall not be binding or enter into effect in relation to the Company until the Company approves the Affiliate Application.

2. Acceptance of Affiliate

The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (email) whether the Affiliate Application is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.

3. Qualifying Conditions

The Affiliate hereby represents and warrants that:

(a) it has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement;

(b) it has obtained and will maintain in force all necessary registrations, authorizations, consents and licenses necessary to fulfil its obligations under this Agreement; and

(c) it fully understands and accepts the terms and conditions of this Agreement.

4. Responsibilities and Obligations of the Company

4.1 The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links.

4.2 The Company shall administrate the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all referred customers.

4.3 The Company shall pay the Affiliate its compensation depending on the traffic generated subject to the terms and conditions of this Agreement.

5. Company’s Rights to refuse or close accounts and applicants

5.1 The Company may refuse any applicant New Customer or close a New Customer’s account if it in sole opinion of the Company is necessary to comply with the Company’s policy and/or to protect the interest of the Company.

5.2 The Company may refuse any applicant Affiliate and/or may close any Affiliate’s account if it in the sole opinion of the Company is necessary to comply with the Company’s policy and/or to protect the interest of the Company. If the Affiliate is in breach of this Agreement the Company may besides closing the Affiliate’s account take any other steps at law to protect its interest.

6. Responsibilities and Obligations of the Affiliate

6.1 The Affiliate hereby warrants and undertakes:

(a) to market and refer potential players to the Operator Website at its own risk, cost and expense. The Affiliate will be solely responsible for the distribution, content, legality and manners of its marketing activities. All the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement;

(b) to use its best efforts to actively and effectively advertise, market and promote the Operator Website as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online;

(c) to be responsible for the development, the operation, and the maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s) and;

(d) to use only links provided within the scope of the Affiliate Program

(e) it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials;

(f) it will not target under-aged (under 18 years of age) individuals;

(g) it will not target any jurisdiction where gambling and the promotion thereof is illegal;

(h) it acknowledges the Company’s ongoing commitment for the prevention of gambling addiction and that the Affiliate will co-operate with the Company to actively reduce gambling addictions by, for example, placing links provided by the Company on the Affiliate Website(s) which direct traffic to websites involved in the business of preventing gambling addictions;

(i) that it will not generate traffic to the Operator Website by illegal or fraudulent activity, particularly but not limited to by:

(ii) that it will not present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Operator Website and/or the Company or convey the impression that the Affiliate Website(s) is partly or fully originated with/from the Operator Website and/or the Company.

(iii) registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud The Company. Violation of this provision shall be deemed to be fraud; and

(iiii) sending spam

(j) The Affiliate shall not engage in any marketing by way of PPC (pay-per-click), sponsored links, search engines keywords, AdWords, or meta tag keywords which are identical or similar to any of the Brands trademarks or trade names, including the brands keywords.

(k) subject to the marketing material as may be forwarded by the Company and/or made available online through the Affiliate Portal, the Affiliate may not use “heycasino.com” or other terms, trademarks and other Intellectual Property Rights of the Company or its group of companies unless the Company consents to such use in writing.

6.2 The Company reserves the right to freeze the Affiliates account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of the terms and conditions of the Agreement.

6.3 The Company reserves the right to remove a Player account that is deemed fraudulent or abusive. Any commission from such a Player account might be deemed void at the Company’s sole discretion.

7. Payment

7.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be inclusive of value added tax or any other applicable tax.

7.2 The Commission is calculated at the end of each month and payments shall be made by the 30th of the following calendar month, provided that the amount due exceeds €250 (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.

7.3 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

7.4 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.

7.5 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.

7.6 The Company may in its sole discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days if the Company needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement.

7.7 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.

7.8 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).

7.9 High Roller Policy:

7.9.1 The Affiliate’s monthly payable balance of Commission is automatically reset to £0.00 at the beginning of each calendar month, to ensure that no negative balances are carried forward.

7.9.2 If in any given month a Customer generates a negative Net Revenue of at least €5,000 he/she will be deemed to be, for the purposes of this section, a ‘High Roller’.

7.9.3 The negative Net Revenue generated by the High Roller will be carried forward and offset against future Net Revenue generated by that High Roller;

7.9.4 The negative balance carried forward cannot be set-off against other Customer’s Net Revenue;

7.9.5 The negative balance of a High Roller will be reduced by future positive Net Revenue that they generate in subsequent months;

7.9.6 A negative balance will not be increased by future negative Net Revenue unless the High Roller meets the qualifying criteria in subsequent months.

7.10 The Company reserves the right to set limits for a minimum level of activity on Affiliate’s accounts. Such minimum activity levels will be continuously reviewed, and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and basically reflect the intention of avoiding accounts where the revenue does not cover the Company’s internal costs for maintaining the account and the pay-out procedure.

7.11 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify the Company in that regard.

8. AFFILIATE WEBSITE(S) AND THE LINKS

8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet and the Affiliate Program is at the Affiliate’s own risk. The Company makes no guarantee in relation to the accessibility of the Operator Websites at any time or any location. The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Operator Websites or the Affiliate Program.

8.2 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between the Company and the Affiliate.

8.3 The Company has the right to monitor the Affiliate Website(s) in order to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring.

8.4 The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the trademarks of the Operator Website or which include the any of our brand’s word.

8.5 The Affiliate shall not take any action which could cause any confusion as to the Company’s or the Operator Websites’ relationship with the Affiliate and the Affiliate Website(s).

8.6 The Affiliate shall always comply with data protection and privacy regulations; legislation and subsidiary legislation as may be applicable from time to time. For example, the Affiliate shall always inform its users that tracking technology will be installed on the user’s hard drive when the user clicks on the Links and provide the user with an option to reject such installation.

8.7 The Affiliate Website shall have at least an opt-in facility for the Customers to subscribe to the receipt of Advertising Material from the Affiliate via SMS or email. This is preferably done on a double opt-in basis. Should this facility be missing from the Affiliates end, any Advertising Material sent to the Customers would be considered as spam. If the Company receives any complaints from Customers about spam, the Affiliate may be required by the Company to provide proof that the opt-in function has been provided to the Customer. Without prejudice, the Company reserves the right to freeze the Affiliates account as provided under Clause 6.2 of this agreement.

8.8 Advertising Material sent to Customers by the Affiliate shall always contain an unsubscribe facility whereby the Customers can opt to stop receiving Advertising Material from the Affiliate.

8.9 The Affiliate shall ensure that any marketing communication sent to customers, shall only be received by individuals who are of legal age in the jurisdiction where they reside.

9. Termination

9.1 This Agreement may be terminated by either Party by giving thirty (30) days written (by email) notice to the other Party.

9.2 The Parties hereby agree that on termination of this Agreement:

(a) the Affiliate must remove all references to the Operator Websites from the Affiliate Website(s) and communications, irrespective of whether the communications are commercial or otherwise;

(b) all rights granted to the Affiliate under this Agreement shall immediately terminate and the Affiliate shall cease the use of any and all trademarks, service marks, logos and other designations vested in the Company and the Operator Websites;

(c) the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however, provided that the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date;

(d) if this Agreement is terminated by the Company due to the Affiliate’s breach of any terms and conditions of this Agreement, the Company shall be entitled to withhold the Affiliate’s earned but unpaid Commissions as of the termination date as collateral for any claim arising from such breach;

(e) the Affiliate must return to the Company any and all Confidential Information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control; and

(f) the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach in relation to Confidential Information even if the breach arises at a time following the termination of this Agreement.

10. Liabilities and Indemnification

10.1 The Company shall not be liable (in contract, tort, for breach of statutory duty or in any other way) for:

  1. any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings);
  2. any indirect or consequential losses; or
  3. any loss of goodwill or reputation.

10.2 The Affiliate agrees to defend, indemnify and hold The Company, its successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from:

  1. any breach of Affiliate’s representations, warranties or obligations under this Agreement;
  2. Affiliate’s use (or misuse) of the marketing material and the The Company’s Intellectual Property Rights;
  3. all conduct and activities occurring under Affiliate’s user ID and password;
  4. any defamatory, libellous or illegal material contained on the Affiliate Website(s) or Affiliate’s information and data;
  5. any claim or contention that the Affiliate Website(s) or the Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity;
  6. third party access or use of the Affiliate Website(s) or the Affiliate’s information and data;
  7. any claim related to Affiliate Website(s) or the Links; and
  8. any violation of this Agreement or any applicable laws.

10.3 The Company and its group companies reserves the rights to participate, at its own expense, in the defence of any matter or claim in relation to the above.

12. Confidentiality

12.1 All Confidential Information shall be treated confidential must not be used for own commercial or other purposes or shared to any person or third party neither direct nor indirectly without the prior explicit and written consent of the Company.

12.2 The Affiliate shall not to use the Confidential Information for any purpose other than the performance of its obligations under this Agreement.

12.3 This clause 12 shall survive the termination of this Agreement.

13. Intellectual Property

13.1 Nothing contained in this Agreement will grant either Party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights.

13.2 All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.

13.3 At no time during or after the term of this Agreement, no Party will attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.

14. Relationship of the Parties

Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) as an employee, agent or legal representative of the other party, nor to create any partnership, joint venture, association or syndication among or between the Parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other party.

15. Miscellaneous

15.1 In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail.

15.2 Should one of the contractual provisions in this Agreement be or become invalid or unenforceable, such provision will be replaced by one which shall come as close as possible to the commercial purpose of the void provision. All other provisions of this Agreement shall continue in full force and effect.

15.3 No waiver in relation to this Agreement will be implied from conduct or failure to enforce any rights and all waivers must be in writing to be effective.

15.4 Any notice given or made under this Agreement to the Company shall be sent by email to and marked for the attention of the Affiliate Manager of the Operator Websites unless otherwise notified by the Company. The Company shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.

15.5 The Affiliate may not assign this Agreement or any rights hereunder, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign this Agreement and all its rights hereunder to any group company or third party.

15.6 The Company’s failure to enforce the Affiliate’s adherence to all terms outlined in the Agreement shall not be construed to constitute a waiver of the right to enforce such right.

16. Amendments to this Agreement

The Company reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. If applicable, a written notice of the amendments will be sent to the Affiliate’s registered email address and such notice will be deemed to be served once sent by the Company. The Affiliate’s continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate’s acceptance of the new terms and conditions.

17. Governing Law & Jurisdictions

The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Curacao. Any dispute or difference arising out of or in connection with this Agreement shall be subject to the sole jurisdiction of the Courts of Curacao.

18. Commission Structure

  1. Revenue Share Deals starts at 25%.
  2. CPA Deals starts at € 100 with a baseline of €25 on first deposit and €20 cash turnover.
  3. Hybrid Deals starts at 20% Revenue Share and €50 CPA with a base line of € 25 on first deposit and €20 cash turnover.
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