Terms and Conditions
Terms and Conditions
AffiliateClub Affiliate Program Terms and Conditions:
The following are our complete terms and conditions to apply to all members of the AffiliateClub.com program. Please read this agreement completely.
Signing with AffiliateClub.com shows your agreement of the Terms and Conditions and/or linking to our partner sites set out in this agreement.
AffiliateClub is the operational affiliate program, on behalf of the properties participating in the hereinafter-explained affiliate program, currently CasinoClub, CasinoLasVegas, CasinoKing, Scasino, NobleCasino, MagicBoxCasino, CarnivalCasino, ClubDice Casino, 50StarsCasino and such other brands as may be added by AffiliateClub from time to time (the “Properties”, individually, a “Property”).
1.1“Site(s)” shall mean a Property’s website(s) and any other online site or platform that is owned, operated or controlled by or on behalf of us from time to time and each of its related pages through which a player opens an account with and/or accesses a Property’s online casino“Player(s)” means a person who enters the Site via your Tracker(s) and deposits money.
1.2.“Registration” means a new Customer who has completed his first registration on one of the “Sites”.
1.3.“Verified Registration” means a new Customer who has completed his first registration on one of the Sites and has verified his account through the Email Activation process.
1.4.“Affiliate/You/Your” means the person or entity which intends to enter into this Agreement and becomes a member of the AffiliateClub.com Program.
1.5.“Tracker(s)” means the unique tracking URL that we provide exclusively to you, during the term of this Agreement, through which we track your efforts and calculate your Commission.
1.6.“Banners and Text Links” means the graphical artwork or text that will be directed to our Site’s home page at one of our listed partners sites, through your Tracker, to permit a Player to hyperlink from your website to our Site.
1.7.“Deposit(s)” means funds transferred by Players to their Site account.
1.8.“Redeem(s)” means any and all funds withdrawn or cashed-out by Players from their Site account plus amount pending on the players account plus any Deposits reversed (or credits given) by us, in our sole discretion, to negate fraud, error, Player non satisfaction or through charge-backs.
1.9.“Commission Plans” means our commission plan which include Revenue Share commission, CPA Payment or CPL Payment. If the relevant Commission Plan does not appear in these terms and conditions, its approval is subject to a written agreement with your affiliate account manager.
1.10.“Spam” means emails and messages that are sent by you, directly or indirectly, which: a.), contain false or misleading statements; b.), do not truthfully identify the source or the originating IP Address; or c.), do not contain an online and real time unsubscribe option.
1.11.“Fraud Traffic” means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
1.12.“Sub-Affiliates” means all traffic generated via your dedicated links and generated by a 3rd party you contacted and linked to the site.
1.13.“Revenue Share” means your total share of Net Revenues accrued per vertical, if any, during the previous calendar month.
1.14.“CPA Payment” is the one-time payment for every Qualifying User referred by you, payable to you if you choose the CPA payment plan agreed with your affiliate account manager.
1.15.“CPL Payment” is the one-time payment for every “Verified Registration” (Lead/SignUp) referred by you, payable to you if you choose the CPL payment plan agreed with your affiliate account manager.
1.16.“Qualifying User” is a Referred User which makes a minimum deposit of 20$/€/£ and minimum wagering of 20 $/€/£.
1.17.“Net revenue in NR” = “Gross revenue” – “Bonus Calculation” – “Chargebacks” – “Comp Points” – “Jackpot Contribution” – “Taxes/VAT” – “Gaming License Fees”.
1.18.“Gross Gaming Revenues” means all money wagered by Referred Users less winnings of Referred Users;
1.19.“Referred User” is a new end user who originates from your referral via your website, e-mail newsletter or other method acknowledged and approved by us; (ii) uses the Tracking Mechanism to connect to a Property and registers with that Property; (iii) opens a player account as a result of registering with the Property; and (iv) meets the minimum required deposit for the Property. Please note that as an Affiliate it is not possible to create/have a player account tracked under your affiliate account.
If you have any queries or questions in relation to this Agreement, or wish to notify AffiliateClub of any matter related hereto, you may contact us as below:
AffiliateClub (CasinoClub): firstname.lastname@example.org
AffiliateClub Playtech Brands (CasinoLasVegas, CasinoKing, Scasino, NobleCasino, MagicBoxCasino, CarnivalCasino, NobleCasino, 50StarsCasino): email@example.com
By applying to be an affiliate, setting up an account as an affiliate (an “Affiliate Account”) and placing a link to a Property from your website, you agree to be bound by the terms and conditions set forth in this agreement (the “Agreement”). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT UNDERTAKE THE STEPS DESCRIBED ABOVE AND DO NOT CREATE A LINK TO A PROPERTY.
4. Parties to the Agreement:
You (the “Affiliate”) and AffiliateClub (“we”, “us”, which terms include any of its parent, holding, subsidiary and operating companies) are the parties to this Agreement.
5. Provision of Information:
You must provide true and complete information to AffiliateClub at all times, including without limitation, your identity, your contact information, payment instructions and any other information that AffiliateClub may reasonably request from time to time.
6. Party Restrictions:
By agreeing to participate in the AffiliateClub Affiliate Program, you confirm you are not an employee or contractor of, or immediately family member of an employee or contractor of, or a corporate entity that has any connections, whether direct or indirect, to an employee or contractor of, or immediate family member of an employee or contractor of AffiliateClub, a Property or any of their operators, agents, parent, subsidiary, affiliated and/or related companies (“Group”).
By agreeing to participate in the AffiliateClub Affiliate Program, you agree to create a unique link (as described in section 19 below) from your website to a Site (as defined in section 1.1 above). The form of link must be in accordance with the rules and conditions established by the particular Property and approved by AffiliateClub or its agents.
8. Tracking Referred Users:
8.1.We will track the Referred User’s play and will make available periodic reports summarizing their activity. The form, content and frequency of the reports may vary from time to time. We will use commercially reasonable efforts to provide you with remote online access to reports of Referred User activity and the Referral Fees generated. You can get access to such reports through the AffiliateClub site at affiliateclub.com.
8.2.If there is any discrepancy between any data displayed on-screen or otherwise accessible by you and the relevant data held in our computer servers then the data held on our servers is deemed to be the correct data and will prevail over any contrary data displayed or accessible by you and our determination shall be final and binding.
9. Excluded Territories:
9.1.The restricted territories of AffiliateClub can change from time to time. IT IS YOUR RESPONSIBILITY TO CONSULT AND REGULARLY CHECK THE AFFILIATECLUB`S WEBSITE REGARDING ANY CHANGES TO THE LIST OF EXCLUDED TERRITORIES;
9.2.Player activity from the following territories does not qualify for Revenue Share, CPA or CPL payments for AffiliateClub Playtech Brands: Afghanistan, American Samoa, Antigua & Barbuda, Belgium, Bermuda, Bulgaria, China, Congo, Cuba, Cyprus, Denmark, Democratic People Republic of Korea, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Guadeloupe, Grenada, Guam, Haiti, Hong Kong, India, Israel, Iran, Iraq, Italy, Lebanon, Liberia, Libyan Arab Jamahiriya, Macau, Martinique, Mayotte Island, Micronesia, Myanmar, New Caledonia, Netherlands Antilles, Northern Mariana Islands, Pakistan, Peoples Republic of China, Portugal, Puerto Rico, Republic of Sudan, Republic of Philippines, Republic of Trinidad & Tobago, Reunion Island, Romania, Rwanda, Saint Barth, Saint Martin, Samoa, Sierra Leone, Singapore, Sint Maarten, Somalia, Spain, St Pierre et Miquelon, Syrian Arab Republic, Turkey, Ukraine, United States of America, United States Minor Outlying Islands, Virgin Islands (U.S.), Wallis and Futuna Islands, Zimbabwe.
9.3.Player activity from the following territories does not qualify for Revenue Share, CPA or CPL payments for AffiliateClub CasinoClub Brand: Afghanistan, Albania, Algeria, American Samoa, Angola, Antigua & Barbuda, Argentina, Australia, Belgium, Bolivia, Brazil, Canada, Chile, Colombia, Djibouti, East Timor, Ecuador, Falkland Islands, France (+ Overseas departments and territories of France), Guam, Guyana, Greece, India, Indonesia, Israel, Italy, Lebanon, Montenegro, Morocco, Netherlands, Netherlands Antilles, Neutral Zone, New Caledonia, Nigeria, Northern Mariana Islands, Pakistan, Paraguay, Peru, Philippines, Poland, Puerto Rico, Republic of Congo, Romania, Rwanda, Serbia, Singapore, South Korea, Spain, Suriname, Sweden, Thailand, Turkey, United Arab Emirates, United Kingdom, United States, Uruguay, US Minor Outlying Islands, US Virgin Islands, Venezuela.
10. No Incentives to Customers:
You may not at any time make any form of payment or financial incentive to the Customers. You will also not advertise or be engaged with any site that offers such incentives, other than those offered to Customers by us which have been notified to you in writing. We reserve the right to withhold any amounts due to you if we believe you were involved in such activity.
11. Calculation of Referral Fees:
11.1.Revenue Share Referral Fees:
Casino Referral Fees are calculated, using the percentage fee method and rate(s) applied by AffiliateClub from time to time, as a percentage of the monthly Net Casino Revenue (as defined below) generated from Referred Users.
If Net Casino Revenue (as defined in section 1.17 above) is in a negative position for any reason other than fraud and/or chargebacks and/or High Roller Policy (as defined in 11.2), that negative amount will NOT be recovered from you and at the beginning of each month and any negative position will be set at zero.
AffiliateClub has and reserves the right to charge any fraud costs to your account.
Please find below the Default RevShare tier applied to affiliates:
0 FTDs >>> 10% Revenue Share
1-3 FTDs >>> 15% Revenue Share
4-10 FTDs >>> 25% Revenue Share
11-25 FTDs >>> 30% Revenue Share
26-39 FTDs >>> 40% Revenue Share
40 + FTDs >>> Speak to an Account Manager for a special deal
11.2.High Roller Policy:
11.2.1. In any given month, if the affiliate total Net revenue in that month is negative (-) $8,000 or more and the affiliate has an individual Player that generated a negative Net revenue of (-) $10,000 or more, then that Player shall be deemed by AffiliateClub to be a ‘High Roller’ and the High Roller Policy will apply.
11.2.2. If both of the above criteria are met (see clause 11.2) the negative Net revenue generated by the ‘High Roller’ will be carried forward and offset only against future Net revenue generated by the specific ‘High Roller’.
11.2.3. The negative balance of the ‘High Roller’ carried forward due to the High Roller Policy, shall not be offset against Net revenue generated by other players.
11.2.4. If there is more than one ‘High Roller’, each ‘High Roller’ will carry forward his own negative balance.
Month 1 – Affiliate Net revenue from player ABC is negative (-) $12,000 and the affiliate total Net revenue is negative (-) $8,000.
Month 2 – Affiliate Net revenue from player ABC is $5,000 and the affiliate total Net revenue is $20,000. The affiliate commission will be calculated on the following Net revenue: $20,000 – $5,000 = $15,000. The new “‘High Roller’ Net revenue balance of player ABC will be $12,000 – $5,000 = $7,000.
11.3.Cost Per Acquisition (CPA) Referral Fees:
You shall be entitled to a one-off commission based on a number of new depositing players directed to our brands who have successfully met minimum deposit, wagering and/or other requirements as per prior agreement. These amounts are at the discretion of AffiliateClub and we reserve the right to change these amounts with prior written notice at any time.
AffiliateClub decision with regards to this will be considered final and no further correspondence will be entered into. Right of admission to the CPA program will be reserved at all times and for any reason. If we determine, in our sole discretion, that you are enrolled in the CPA program to benefit from it by referring players that we deem not legitimately interested in our products or services or of a similar average value to our current players, we reserve the right to terminate your participation in the program with immediate effect. Should this occur, from the moment of your notification, your CPA payment generated on existing or new referred players will be forfeited and considered null and void with no further correspondence entered into.
11.4.Sub-Affiliation Referral Fees:
Any person who was introduced to us by you and joins the AffiliateClub Affiliate Program as affiliate thereof, by submitting to us the standard application form through the Sub-Affiliate link on the AffiliateClub`s website, will be considered, subject to our prior approval, to be your Sub-Affiliate and tracked as such. Any Sub-Affiliate of AffiliateClub will be bound by the terms and conditions of this Agreement, and you will be liable to us, jointly and severally with any Sub-Affiliate, for the performance of such Sub-Affiliate`s obligation under the Agreement.
All Sub-Affiliates will be entitled to payments according to the Commission`s Page. (Earn 5% every time your sub-affiliates acquire new players)
12. Inactivity Clause:
12.1.We reserve the right to reduce Affiliate commission in the event no new qualified players are referred to the Affiliate Club brands for a period of six (6) consecutive calendar months. This is applying for each GVC PT and Casino Club separately.
12.2.Commissions owed to affiliates must be withdrawn within 24 months of being earned. If the affiliate fails to withdraw within this time period, we will declare the outstanding amount to be null and void and we will have no liability to pay it.
13. Taxes and other Charges:
You are fully responsible for all taxes, fees and other costs incidental to and arising from any payments made to you under this Agreement, including without limitation any processing fees. You will indemnify and reimburse us for any costs, expenses or losses that may be caused to us 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 We may be subject in connection with making payments to you. We will be entitled to withhold or set-off any such amounts from the payments made to you. All affiliates shall be responsible for paying taxes or VAT on their affiliate earnings under the laws applicable to them.
14.1.If at any time we detect a level of chargebacks or bonus related fraud in relation to your Referred Users that is higher than the average level of chargebacks or bonus related fraud (as compared to other users) within a month, we reserve the right to freeze your Affiliate Account and withhold all Referral Fee payments pending our investigation of such chargebacks. In the event that we determine that you have engaged in any form of unauthorized advertising or promotion, or engaged in any unlawful or bad faith activities (regardless of whether you had knowledge of the same) which have resulted in such chargebacks or fraud, we reserve the right to take various actions including, but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of chargebacks and/or immediately terminating this Agreement.
14.2.AffiliateClub may in its sole discretion, with or without notice, use any available means to block or restrict certain Referred Users and/or users, sign ups, deposits or play patterns so as to reduce the number of fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. AffiliateClub does not guarantee or warrant the success of such fraud prevention efforts.
15. No Liability:
AffiliateClub will have no liability whatsoever for any claims, damages or expenses which you or any third party may incur or suffer as a result of:
i. the processing, reversal or adjustment of any transfer;
ii. AffiliateClub’s failure or refusal to process, reverse, or adjust any transfer; and/or
iii. any delay (regardless of the cause) in the processing, reversal or adjustment of any transfer.
16. Fraud and Collusion:
Where it has been deemed by us that there has been collusion between affiliates, we reserve the right to take various actions with respect to each of the affiliates in question, including but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of costs or liabilities incurred in relation to such actions and/or immediately terminating this Agreement. Collusion entails an agreement which occurs between two or more parties to deceive, mislead or defraud others or gain an unfair advantage. For example, Affiliate A referring Affiliate B as a user, such that Affiliate B shall play in the casino, thereby earning Affiliate A revenues pursuant to Affiliate A’s AffiliateClub Affiliate Program Agreement.
17. Misleading and Non-Factual Defamatory Statements:
Where it has been deemed by us that there have been misleading and/or Non-Factual defamatory statements made by you in relation to us, the Properties and/or the Sites, we reserve the right to take various actions, including but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of costs or liabilities incurred in relation to such actions and/or immediately terminating this Agreement.
18. Limitation on Advertising:
18.1.You shall not engage in spamming and must at all times practice “Netiquette”, this includes any attempt to spam a user through the chat functionality in the participating Property’s chat facility. All email marketing must be based on commonly accepted opt-in rules. You shall not, and shall not be entitled to, earn Referral Fees from Referred Users generated in bad faith, or arising from unauthorized advertising or promotion.
18.2.In the event that we determine that you have engaged in any form of unauthorized advertising or promotion, or engaged in any unlawful or bad faith activities (regardless of whether you had knowledge of the same), we reserve the right to take various actions including, but not limited to, withholding and forfeiting of Referral Fees and/or immediately terminating this Agreement.
18.3.The use of domain names or any bid made by you to any Internet search engine, on keywords related to the Properties including, without limitation, AffiliateClub, CasinoClub, CasinoLasVegas, CasinoKing, Scasino, NobleCasino, MagicBoxCasino, CarnivalCasino, ClubDice Casino, 50StarsCasino trademarks or words that are confusingly similar, shall be considered to be a breach of the good faith provisions contained in this clause. Also you should not produce a website pretending to be one of the Properties or to indicate to the end user that you are an employee of one the Properties.
18.4.Affiliates are responsible for creating their own content and are restricted from duplicating any content from the Property`s websites. All content on the website is protected by copyright law.
19. Creative Marketing Materials (Banners, Links, Logos, etc.):
You will only use approved marketing materials, banners, links and icons found on the AffiliateClub Affiliate Program site and will not alter their appearance, except with our prior written approval. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of a Property. You may not link to any Property in any way except as expressly permitted under this Agreement.
20. Responsibility of Affiliate’s Website:
You will be solely responsible for the development, operation, and maintenance of your website and for all content that appears on your website, including but not limited to ensuring that all content on your website complies with all applicable laws and does not infringe our rights or the rights of any third parties. We shall not be liable for any loss or damage caused or suffered by anyone in connection with your activity, and we disclaim all liability for such loss or damage. FURTHER, YOU HEREBY AGREE TO FULLY INDEMNIFY, AND HOLD US AND THE PROPERTIES, AND EACH OF THEIR GROUP, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS HARMLESS, FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) ARISING AS A RESULT OF OR IN CONNECTION WITH YOUR ACTIVITY
21. Not-Allowed Websites and Activities:
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE IN OUR SOLE DISCRETION THAT YOUR WEBSITE OR ACTIVITY IS UNSUITABLE. Unsuitable sites include, but not limited to, those that: display child pornography or other illegal or sexual acts, promote violence or obscenity, promote discrimination based on race, sex, religion, nationality, disability or sexual orientation, promote illegal activities, violate intellectual property rights or promote abuse of online games and promotions.
22. Representations and Warranties:
In consideration for the rights and privileges permitted in this Agreement, you provide us with the following warranties, representations and covenants. You warrant, represent and covenant that:
i. You will not use the AffiliateClub Affiliate Program to engage in any activity which you know, or reasonably ought to know, is (or may be) illegal or deceptive.
ii. You will report any errors in transactions or unrecognized transactions (“Unrecognized Transactions”) within thirty (30) days of the transaction date. If you fail, neglect or refuse to report Unrecognized Transactions to us within the thirty (30) day period, this will be conclusive evidence that you have approved such Unrecognized Transactions.
ii. We shall be entitled to forthwith reclaim any over-payment.
The term of this Agreement will begin when you accept the terms of this Agreement and continue until a party notifies the others in writing that it wishes to terminate the Agreement for any reason, in which case this Agreement may be terminated immediately upon the sending of such notice. For purposes of notification of termination, the sending of an e-mail is considered a written and immediate form of notification.
Upon termination of this Agreement by any party:
23.1.You must immediately remove all banners/icons from your web site or other form of media and/or marketing materials and immediately disable all links from your website to any Property Site.
23.2.All rights and privileges granted to you under this Agreement shall immediately terminate.
23.3.You will be entitled to unpaid Referral Fees, if any, earned by you up to and including the date of termination, provided that you have fulfilled your obligations under this Agreement. We may deduct any sum that you owe us from any unpaid Referral Fees prior to accounting to you for such unpaid Referral Fees.
23.4.You will not be entitled to Referral Fees earned after the date of termination.
23.5.We may withhold your final payment for a reasonable time after termination to ensure that the correct amount is paid.
23.6.If a Property continues to permit play from Referred Users after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
23.7.You are only eligible to earn referral fees from referred users that registered during the term of this agreement.
23.8.You will cease all uses of any trade names, trademarks, service marks, logos and other designations of any Property participating in the AffiliateClub Affiliate Program and AffiliateClub.
23.9.Clauses 4, 5, 6, 8, 11, 15, 16, 18, 19, 22 to 39 and such other provisions as are necessary for the interpretation or enforcement of the Agreement after termination, shall survive any termination or expiry of the Agreement.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD AFFILIATECLUB, THE PROPERTIES, AND EACH OF THEIR RESPECTIVE GROUP AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE AFFILIATECLUB AFFILIATE PROGRAM, ANY BREACH OF THIS AGREEMENT BY YOU, YOUR ACTS OR OMISSIONS, YOUR NEGLIGENCE, OR YOUR USE OR MISUSE OF BANNERS, ICONS, LINKS, TRADE MARKS OR OTHER INTELLECTUAL PROPERTY PURSUANT TO THIS AGREEMENT AND/OR TRACKING MECHANISMS.
AFFILIATECLUB MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATECLUB AFFILIATE PROGRAM, THE REFERRAL FEES, THE BANNERS, LINKS OR ICONS, NOR THE OPERATION, AVAILABILITY OR FUNCTIONALITY OF THE PROPERTIES PARTICIPATING IN THE AFFILIATECLUB AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, THEIR FUNCTIONALITY, FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. ACCORDINGLY, AFFILIATECLUB WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE OPERATION OR FUNCTIONALITY OF PROPERTIES PARTICIPATING IN THE AFFILIATECLUB AFFILIATE PROGRAM, THE BANNERS, LINKS OR ICONS. NOTHING IN THIS AGREEMENT SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
26. Limitation of Liability:
AFFILIATECLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATECLUB AFFILIATE PROGRAM, NOTWITHSTANDING THAT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, AFFILIATECLUB’S MAXIMUM AGGREGATE LIABILITY ARISING UNDER THIS AGREEMENT AND THE AFFILIATECLUB AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL AMOUNT OF REFERRAL FEES PAID OR PAYABLE TO YOU FOR THE FOUR MONTHS PRIOR TO THE DATE OF THE CLAIM ARISING.
27. Affiliate Information & Privacy:
27.1.You are solely responsible for the security and protection of your Affiliate Account user name and password (collectively the “Affiliate Information”). You will take all necessary and reasonable steps to protect the Affiliate Information from disclosure. You will not permit any third party to use your Affiliate Information in order to access the affiliate services, whether authorized or not.
27.2.You are solely responsible, liable and accountable for all use of or access to your Affiliate Account through your Affiliate Information and you will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the Affiliate Information to, others, whether authorized by you or not.
27.3.AffiliateClub does not generally provide details of your Affiliate Account to third parties, however, by entering into this Agreement you give your consent to AffiliateClub to: a.) release any information with respect to your Affiliate Account and/or your use of the AffiliateClub Affiliate Program in response to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body, court of law, investigatory agency or the police, whether such request is made pursuant to a court order or otherwise; b.) seek verification of any information provided by you in relation to your Affiliate Account; c.) provide details of your Affiliate Account to a successor in title to AffiliateClub business, to a third party for the purposes of providing you with the affiliate services, in addition to or in lieu of AffiliateClub; and/or d.) Provide details of your Affiliate Account to AffiliateClub’s Group.
27.4.It is necessary for AffiliateClub to collect personal information and data (including but not limited to your name, address and contact details) (“Personal Data”) from you in order to allow you to access and use the AffiliateClub Affiliate Program. By participating in the AffiliateClub Affiliate Program and communicating electronically with us, you acknowledge and agree to us processing your Personal Data in the ways set out in this Agreement.
27.5.AffiliateClub may disclose Personal Data to their Group, business partners, government bodies and law enforcement agencies, successors in title to their businesses and third party suppliers engaged to process Personal Data on their behalf or to other third parties for the purposes of providing you with the AffiliateClub Affiliate Program. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data contact us using the details set out in this Agreement.
27.6.It is important that you give AffiliateClub accurate information. AffiliateClub may check your details with fraud prevention agencies and if you give them false or inaccurate information and they suspect fraud, this will be recorded. These records will be shared with other organizations and used by them to: a.) help make decisions about credit and credit related services for you and members of your household; and b.) trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.
28. Confidential Information:
During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of a Property, us, and/or any of their Group and/or the AffiliateClub Affiliate Program (“Confidential Information”). You agree not to disclose such Confidential Information to outside parties without our prior written consent, and you shall use such Confidential Information only to further the purposes of this Agreement. Your obligations with respect to such Confidential Information shall survive termination of this Agreement. You will procure that any of your employees or contractors to whom any Confidential Information is disclosed (and any such disclosure is in all case subject to prior written consent) comply with these confidentiality obligations.
30.1.This Agreement embodies the entire and complete Agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior Agreement or understanding between the parties in relation to such subject matter.
30.2.We may amend this Agreement, or modify any of the terms and conditions of this Agreement, at any time and in our sole discretion. Modifications may include changes to Referral Fee calculations or AffiliateClub Affiliate Program rules. Modifications may include any changes to Referral Fee Calculations, commission structures or AffiliateClub Affiliate Program Rules. This Agreement take effect from the date that the changes are uploaded to AffiliateClub’ site at http://www.affiliateclub.com/terms . We will make reasonable efforts (in our discretion) to notify you of changes to this Agreement.
30.3.IF ANY MODIFICATION OF THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN WRITING. YOUR CONTINUED PARTICIPATION IN THE AFFILIATECLUB AFFILIATE PROGRAM FOLLOWING SUCH MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH MODIFICATION.
31. Assignability and Inurement:
You may not assign the rights, remedies or benefits of this Agreement to any other party or person without our prior written consent and any unauthorized assignment shall be null and void. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each parties respective successors and assigns. AffiliateClub may assign, transfer or novate any or all of our rights and obligations under this Agreement.
AffiliatesClub`s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement against you.
33. Force Majeure:
AffiliateClub shall not be liable to you for any failure to comply with its obligations under this Agreement to the extent that such failure is beyond its reasonable control.
AffiliateClub’s rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more provision of this Agreement shall not preclude the exercise of any other provision. You acknowledge and agree in the event of your breach or threatened breach of this Agreement, AffiliateClub may (without prejudice to it other rights and remedies) enforce its rights by specific performance, injunction, or other equitable remedy.
If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.
In the event of a dispute between you and AffiliateClub in connection with this Agreement, AffiliateClub’s determination shall be final and binding.
If we need to contact you or give you formal notice under this Agreement we will make such contact or give notice by any reasonable means in the circumstances based on the information that we hold about you or that you have provided us with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If we use the details that we hold on you to serve notice then you will be deemed to have received the notice immediately after we have sent it. You agree that you will immediately notify us if your contact details change.
38. Governing Law:
This Agreement shall be governed by the laws of Malta as are in force from time to time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that we determine in our sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent us from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
39. Applicable Laws:
You understand that gambling laws may vary from city to city, state to state and country to country. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR PARTICIPATION IN THE AFFILIATECLUB AFFILIATE PROGRAM IS LEGAL IN YOUR LOCAL JURISDICTION. YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO AFFILIATECLUB THAT YOU MAY PARTICIPATE IN THE AFFILIATECLUB AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS. IF YOUR PARTICIPATION IN THE AFFILIATECLUB AFFILIATE PROGRAM IS ILLEGAL YOU WILL NOT BE ENTITLED TO ANY REFERRAL FEES AND AFFILIATECLUB RESERVES THE RIGHT TO RECOVER ANY REFERRAL FEES ALREADY RECEIVED BY YOU AND TO REPORT YOU TO THE RELEVANT AUTHORITIES.