Terms & Conditions
Please read our Terms and Conditions carefully.
The following is the complete Terms and Conditions to apply as a member of EuroVegasPartners.com Affiliate Program. Please read this agreement completely. By submitting the application form and/or linking to the any of the sites in our program, you are deemed to have agreed to be bound to the Terms and Conditions set out in this agreement.
This agreement ("Agreement") constitutes a binding contract between you and EuroVegasPartners.com and governs your use of EuroVegasPartners Service. By registering as a member and accepting this Agreement, you represent that: (i) you have read and understood this Agreement and agree to be bound by its terms and (ii) that you are at least 18 years of age. The terms of this Agreement may be amended by EuroVegasPartners.com from time to time in its discretion and a copy of such amended terms will be posted at www.EuroVegasPartners.com. If you object to such amended terms, your sole remedy is to refrain from using the EuroVegasPartners.com Service. You will be deemed to have accepted the Agreement as amended 10 days after the amended terms are posted if you continue to use the EuroVegasPartners.com. In the event of such amendment, all other terms of the Agreement will remain in effect.
You can be enrolled as a member of EuroVegasPartners.com Affiliate Program by creating a unique link to any of our websites, using text or one of our banners.
As set out in the Gambling Act 2005 there are 3 major objectives that we adhere to.
- To prevent gambling from being a source of crime and/or disorder, or from being associated with crime or disorder and/or from being used to support crime;
- To ensure that gambling is conducted in a fair and open way; and
- To protect children and other vulnerable persons from being harmed and/or exploited by gambling.
As a EuroVegasPartners affiliate partner you will always act in a manner that befits these fundamental objectives and should you fail to comply with them or if you act in any way that compromises our ability to comply with these License regulations we will terminate our contractual relationship with you accordingly.
If you market our Brands in the UK or to UK customers, then by accepting these terms you confirm you are fully aware of all marketing obligations in the LCCP and the UK Gambling Act and the UK Gambling Commission requirements and will fully adhere to all conditions. Also if marketing our Brands you must ensure that you meet the General Data Protection Regulation (GDPR) standards. You also agree that if you breach any such conditions that we can terminate the contract and withhold any monies due
Furthermore, with immediate effect and until further notice, all EuroVegasPartners Brands (Casino, Poker and Sports betting) have stopped accepting UK traffic from Email/Mailers, SMS and Direct Mail by Post.
This is to ensure full compliance with the LCCP and the GDPR and includes all affiliates, even if you had prior approval in the past
If you market our Brands in Sweden or to Swedish customers, then by accepting these terms you confirm you are fully aware of all marketing obligations and will fully adhere to all conditions as set out by the Swedish Regulatory Authority, included but not limited to displaying the following at the bottom of every bonus or marketing offer…….
Regler & Villkor gäller, stödlinjen, Spel inspektionen and 18+
Furthermore, there is a total ban on sending traffic by the following traffic sources in Sweden: Email/Mailers, SMS and Direct Mail by Post.
Severe measures will be taken if there is any breach of this including but not limited to account closure, non-payment of affiliate commission and the issuing of a penalty fine.
Please note: it is illegal to use the Bank ID logo in Sweden
Any reference to EuroVegasPartners is a reference to the trade name, namely EuroVegasPartners.com, used by all brands
- 1.1. "Site" means the EuroVegasPartners.com website or the websites of any of its represented brands their related pages.
- 1.2. “EuroVegasPartners.com” (hereinafter “EuroVegasPartners) means the trade name for EuroVegasPartners.com which is used by all brands
- 1.3. “EuroVegasPartners Marketing Ltd.” means the software developer who developed the technology used for tracking
- 1.4. "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 Advertising Revenue.
- 1.5. "Banners and Text Links" means the graphical artwork or text that will be directed to our Site home page through your Tracker, to permit a Player to hyperlink from your website to our Site.
- 1.6. "Deposit(s)" means funds transferred by Players to their Site account.
- 1.7. "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.
- 1.8. "Net Revenue" will mean the sum of Revenues less Redeems generated on your Tracker(s) based solely on our log files. Deduction of Taxes in Regulated Markets where EuroVegasPartners brands operate with a local license will also apply as will licensing for Branded and Live Casino /Poker games.
- 1.9. "Advertising Revenue" is the percentage of Net Revenue due and payable to you, at the end of each calendar month, based solely on our system's data. The Advertising Revenue will be an agreed percentage of the "Net Revenue" according to the amount of wagers made by players you send within 1 month of activity.
- 1.10.1 We do not offer CPA deals to any affiliates based with China or Belarus.
- 1.11. "Hybrid Structure is a combined structure of advertising revenue and CPA. The affiliate gets a monthly payment at the end of each calendar month based solely on our system's data.
- 1.12. "Spam" means emails and messages that are sent by you, directly or indirectly, which: 1), contain false or misleading statements; 2), do not truthfully identify the source or the originating IP Address; or 3), do not contain an online and real time Remove option - for the avoidance of doubt, any affiliate who intends mailing for traffic must contact his EuroVegasPartners account manager within 7 days of opening an account to get our rules on mailers and to make sure he/she will be compliant in regulated markets. Failure to get approval for mailer traffic will result in getting your account blocked and any payments withheld.
- 1.13. "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. Fraud Traffic also includes but is not limited to using commissions to solicit players and divulge or publicize what commissions have been agreed between us. Any offer to players that include a percentage of your affiliate commission is strictly forbidden and can lead to the closure of your account and the non- payment of revenues.
- 1.14. Fraud also includes the staking or incentivizing of players in an attempt to get CPA paid as a result. All forms of this activity will result in affiliate commission not being paid. Additionally, CPA will not be paid for any incentive traffic and for any casino players encouraged using systems and methods such as the doubling system in casinos which is regarded as CPA abuse. Casino CPA will only be paid if the traffic sent to us is from real casino websites and the same with poker CPA, all traffic must come from poker websites. For CPA to be paid the traffic must not be Bonus seekers and there should be no personal relationship whatsoever between the affiliate and the players. An affiliate can under no circumstances deposit and play under his own affiliate CPA or Revenue Share account . To be clear , the use of one's own affiliate tracker to deposit and play is strictly forbidden.
- 1.15. Furthermore, with regard to any CPA deals that show abnormal player behaviour or activity and/or very low player value, we reserve the right to cancel the CPA arrangement and place the account on revenue share retroactively. However, if CPA abuse is suspected/discovered the affiliate account will be closed. No information regarding the specific abnormal activity or CPA abuse will be provided.
- 1.16. Affiliates must not discuss with any third party or publicize the amount of commission they receive. Moreover, affiliates will not pass on or share any part of their % commission or CPA to players.
- 1.17. Rakeback on our poker products is strictly forbidden.
- 1.18. "Sub-Affiliates" means all traffic generated via your dedicated links and generated by a 3rd party you contacted and linked to the Site.
- 1.19. By entering into this Agreement you undertake that you, or any Second Tier Affiliate, will not actively target Customers located in USA, Cyprus, Israel, Turkey and France including but not limited to sending Customers correspondence, the use of bannering, off-line advertising and direct marketing; These Countries are restricted for EuroVegasPartners brands.
- 1.20. "Minimum Required Deposit" means the minimum amount required to open a Player Account as indicated on the Site, (currently set at US$50 where you choose the Per Sign Up Plan and US$10 where you choose the Percentage Plan). Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the amounts mentioned within this Clause 2.12 at any time by virtue of placing notice on the Site. All amounts are calculated in United States dollars and may be converted into alternative currencies as indicated on the EuroVegasPartners.com Site at a rate determined by us in our sole discretion from time to time."
- 1.21. Real Money Player(s)" means any person who is attached to your Tracker (or if applicable, your Sub-Affiliate´s Tracker) who: (i) has not been a Player with us before; (ii) is not located in a Restricted Territory; (iii) is not located in a territory which has previously fallen within the definition of a Restricted Territory or a territory which has otherwise been deemed a territory from which you may not send Players to us in accordance with any previous version of this Agreement or any previous contract between you and us or any current or former member of the Group unless we have notified you personally in writing that you are entitled to refer such Players (iv) who has made the Minimum Required Deposit; (iv) is accepted as a player under any applicable sign up or identity verification procedure which we may require; and (iv) has adequately fulfilled any other qualification criteria that we may introduce from time to time. Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the above-mentioned qualifying criteria at any time by virtue of placing notice on the Site.
2. Our Rights and Obligations
Under this Agreement we are obligated to;
- operate the web site and the game responsibly and in good faith;
- protect any Affiliate and player’s account and from unauthorized use;
- provide front line support to Affiliates for help on web site-related issues (excluding disputes between players and Affiliates), and use all reasonable endeavours to resolve such issues (with the assistance of EuroVegasPartners.com’ support team where necessary);
- treat All Affiliates fairly and with respect;
- 2.1. Register your players We will register your players and will track their play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. Furthermore, all data relating to the Players shall be and remain our exclusive property.
- 2.2. Track players Play We will track players play and will provide you with remote online access to reports of customer activity and the Advertising Revenue generated.
- 2.3. Pay a marketing Fee We will pay you Advertising Revenue (defined above) we earn from players directed from your site after they open an account with us and based on deposits they make for real money. Payment will not be made to any affiliate that earns revenue solely from sub-affiliates. The default level of Revenue Share we pay is 15% with all new affiliate partners being offered 20% when first starting to work with our affiliate program.
- 2.4. Modification We may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you. Modifications may include, for example, changes in the scope of available Advertising Revenue, fee schedules, and Affiliate Program rules.
- 2.5. Recording. All telephone conversations between you and any of our staff may be recorded, and you hereby consent to such recording. Any recordings will be treated in the strictest confidence and may be used by us in events of misunderstanding or dispute.
2.6. E-MAIL, BULLETIN BOARDS AND OTHER SUBMISSIONS
Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of EuroVegasPartners.com throughout the universe and EuroVegasPartners.com shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to EuroVegasPartners.com web site, you agree that EuroVegasPartners has the right to publish the material for any type of use, including promotional and advertising purposes.
- 2.7. EuroVegasPartners.com is not responsible for any material posted on forums. EuroVegasPartners reserves the right to edit or delete material submitted to the forums but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services.
- 2.8. EuroVegasPartners.com does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site. • UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EuroVegasPartners MARKETING LTD OR ANY THIRD-PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE EuroVegasPartners.com COM WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF EuroVegasPartners.com WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
3. Your Rights and Obligations
- a) You are hereby granted the right to market and promote EuroVegasPartners.com by placing the Marketing Codes and/or Links on your Website as part of the marketing and promotion of the Site subject to your adherence to the most up to date version of the Affiliate Agreement. Any Club created, as a result of unauthorized marketing and promotion carried out by you, may be immediately closed by EuroVegasPartners.com.
- b) You are permitted to invite your Website users, including via email communication, to become EuroVegasPartners.com players and to include in such invitation your Marketing Code and/or Link. HOWEVER, it is strictly prohibited for any third party, including, without limitation, users of your Website, to invite potential Members to a Club and/or web site by use of the Link and/or the Marketing Code supplied to you pursuant to the Affiliate Agreement.
- c) You are prohibited from requesting any third party including, without limitation, users of your Website to invite potential players to a Club by use of the Link and/or the Marketing Code supplied to you pursuant to the Affiliate Agreement.
- d) You are prohibited from using EuroVegasPartners.com in any way which is an abuse of the product (including using it in order to increase Commission or Fees otherwise payable to you).
- e) In the event that you are found to have breached this Clause or to be taking any action in order to circumvent the prohibitions contained herein, we reserve right to take any action we deem fit including, the closing of any relevant ACCOUNT and/or the termination of the Affiliate Agreement, in our sole discretion.
- f) Your right to use EuroVegasPartners.com as granted by this Agreement is revocable by EuroVegasPartners.com at any time in its sole discretion and subject to any further conditions and/or limitations that EuroVegasPartners.com may from time to time stipulate in its sole discretion, such as, but not limited to, a limitation on the number or percentage of players linked to you via a Tracker in any Club.
- g) Affiliates are not permitted to have more than one, unique Tracker ID. You understand and agree that potential Players must link through using your Tracker ID or use your sign-up bonus code in order for you to receive Affiliate Accruals. In no event we are liable for your failure to use Trackers or for potential Players' failure to properly enter valid Sign-up Bonus Codes. Notwithstanding any other provision herein, we may at any time and in our sole discretion alter our tracking system and reporting format.
h) If you are an Affiliate you agree that you will:
- act responsibly and in good faith in your capacity as Member;
- treat the players fairly and with respect;
- protect your User account and access to the web site management features from unauthorized use;
- make the EuroVegasPartners.com your first point of contact for all queries, concerns and disputes relating to your web site;
- immediately advise us of any suspected fraud, chip-dumping, collusion, money laundering or other behaviour which is illegal or is prohibited by us (as specified in this Agreement) of which you become aware in relation to your web site and your players; and
- To the extent that you invite other people to join our web site, as a player you must not engage in spamming or other intrusive techniques to solicit players, including but not limited to unsolicited advertising within other web sites and/or links. Each Affiliate is solely responsible for the content of emails sent by him.
3.1. Linking to EuroVegasPartners Brands.
by agreeing to participate in this Affiliate Program, you agree to create a unique link from your site to one of or all of EuroVegasPartners Brand's site/s. You may link to us with one of our banners or with a text link. With our written permission, you may link directly to our downloadable *.exe file. These are the only methods by which you may advertise on our behalf.
This Agreement does not grant you an exclusive right to direct potential players to the Sites or any other exclusive right in connection with the Sites or with the Affiliate Program. Except for the payment of the Revenue Commission or CPA Payment, as applicable, you will not have any rights with respect to any Players.
We may operate additional affiliate programs in connection with the Sites or any other sites, and you will have no right in connection with such other programs, other than those rights we may expressly grant to you.
We will terminate this agreement immediately if there is any form of spamming or if you advertise our Site in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
3.3. Agency Appointment.
By this Agreement, we grant you the non-exclusive right to direct customers to our sites and services, in accordance with the Terms and Conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to Advertising Revenue or other compensation on business secured by or through persons or entities other than you.
3.4. Approved Layouts.
Without our prior written approval, you will only use our approved banners , landing pages or any other marketing creatives and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners and landing pages officially supplied or approved by us . If you operate in or send traffic from the UK ALL creative material ( including reviews ) must be approved prior to you publishing on your website. Please send the content to your Account manager for approval.
3.5. Good Faith.
you will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold Advertising Revenue with respect to such traffic.
3.6. Responsibility for Your Site.
You will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
3.7. License to use Marks.
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
- 3.8. In the event that a special deal has been nEuroVegasPartnerstiated with you it is subject to performance and can be changed by us if the amount of players is not as expected. It is also your responsibility to honour your side of this agreement. If you fail to honour your side of the agreement or you remove our brands from your site, or change the position agreed then the deal is considered broken and all deals - CPA and revenue share etc - will be immediately reduced to the lowest parameters advertised on this site. This reduction in percentages will be back-dated to the start of our partnership with you. In addition, if no first depositors are sent or your player traffic is not as promised for 2 consecutive months or more your percentage will be reduced to the lowest default level from the third month and thereafter.
Attempts to communicate to Players whether directly or indirectly on our Sites to solicit them to move to any online site not owned by us or for other purposes without our prior approval including but not limited to via email, chat boards, or spamming our tables" If we determine, in our sole discretion, that you have engaged in any of the forEuroVegasPartnersing activities, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Accruals and/or terminate this Agreement immediately on notice.
4. Your Rights
Your Data Subject Rights
You have the following rights in terms of your personal data we hold about you:
- The right of access. This enables you to e.g. receive a copy of the personal data we hold about you.
- The right to rectification. Correction/Rectification of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected/rectified.
- The right to erasure. This enables you to ask us to erase your personal data [known as the ‘right to be forgotten’] where there is no good reason for us continuing to process it.
- The right to data portability. This gives you the right to receive personal data they have provided to a controller in a structured, commonly used and machine-readable format. It also gives you the right to request that a controller transmits this data directly to another controller.
- The right to restrict processing. This enables you to ask us to restrict the processing of your personal data, i.e. use it only for certain things, if:
- it is not accurate,
- it has been used unlawfully but you do not wish for us to delete it,
- it is not relevant any more, but you want us to keep it for use in possible legal claims,
- You have already asked us to stop using your personal data, but you are waiting us to confirm if we have legitimate grounds to use your data.
- The right to object. This gives you the right to object to the processing of your personal data. For example, if you object to receiving marketing material you can remove consent for us to send it. The right to object only applies in certain circumstances. Whether it applies depends on your purposes for processing and the lawful basis for processing. Individuals have the absolute right to object to the processing of their personal data if it is for direct marketing purposes. Individuals can also object if the processing is for:
- a task carried out in the public interest;
- the exercise of official authority vested in you; or
- your legitimate interests (or those of a third party);
- in relation to automated decision making and profiling.
5. Information We Collect About You and How We Use It
- 5.1 We process information about you in accordance with our Terms and Conditions and contains details on the types of information we collect and what we do with that information, which includes who it may be shared with and why.
- 5.2 We are entitled to share the information we hold on you, which includes personal data and history with regulators, and other bodies, including the police, and law enforcement bodies in order to investigate fraud, money laundering, integrity issues and to comply with our regulatory duties.
6. The Types of Information We Collect
We collect two types of data and information from our customers.
Personal Information which can be used to identify an individual. The Personal information we collect through our Services includes information which is submitted directly by the you, such as: phone number; full name; e-mail address; home address; payment option; and other financial information that we may need in order to provide our Services.
The second type of information is un-identified and non-identifiable information pertaining to you which may be made available or gathered via your use of the Services. Non-personal Information which is being collected may include your aggregated usage information and technical information including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name of the website from which you linked to the Services; etc.), in order to enhance the functionality of our Services.
If we combine Personal Information with Non-personal Information, the combined information will be treated as Personal Information for as long as it remains combined.
7. SUSPENSION AND BREACH
In the event that we believe you may be in breach of any provision of this Agreement, or for any other justifiable reason, EuroVegasPartners.com reserves the right to immediately:
- suspend or prevent your access to the Site or any part of it;
- suspend or cancel any involvement and game or any other activity relating to a EuroVegasPartners.com;
- suspend the operation of your account; and/or
- Close your account.
- terminate this Agreement;
- seize all monies held in your User account;
- take legal or other action against you; and/or
8. FRAUDULENT BEHAVIOUR
- 8.1. You are allowed to use EuroVegasPartners.com on the basis that you will not commit any fraud or dishonesty. We have zero tolerance for inappropriate conduct and fraudulent activity. You will not engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves Fraud. You will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that you believe or should reasonably believe to potentially involve Fraud, or any act or traffic that we inform you is suspected by us, in our discretion, to involve or potentially involve Fraud in relation to the EuroVegasPartners.com web site (“Fraudulent Behaviour”). Moreover, you are not permitted to advertise or send traffic to us from any website or traffic source that infringes any Company or personal Copyright for example , Torrent websites and any other website that allows the illegal downloading of Music , Films and TV shows etc.
- 8.2. EuroVegasPartners.com takes Fraudulent Behaviour extremely seriously. In addition to any other rights or remedies EuroVegasPartners.com may have under this Agreement, at law or otherwise, any User found to be involved in Fraudulent Behaviour may be reported to the relevant authorities.
- 8.3. As an Affiliate you must reasonably monitor the activities of your web site/ blog/ link for evidence of Fraudulent Behaviour and report to EuroVegasPartners.
9. Limitation of Liability
9.1. You agree to fully indemnify, defend and hold harmless EuroVegasPartners and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- your breach or alleged breach of this Agreement, in whole or in part;
- any violation or infringement or alleged violation or infringement by you of any law or any third party rights;
- any Fraudulent Behaviour or alleged Fraudulent Behaviour with which you were involved in connection with harmless EuroVegasPartners and its website; and
- Use by you of the web sites or use by any other person accessing using your Login Credentials, whether or not with your authorization.
- 9.2. Under any circumstances, including negligence, shall keep EuroVegasPartners harmless and EuroVegasPartners shall not be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of or in connection with this Agreement, even if EuroVegasPartners had prior knowledge of the possibility of such damages or if such losses were reasonably foreseeable.
10. Chargebacks and Payments
- 10.1 A chargeback is defined as un-collectable CC transaction from the CC companies as a result of customer non-payment or fraudulent credit card use. All charged back amounts will be deducted from your payment or the reserved funds. Charge back fees will be paid to CC companies and will be administered by the relevant brand.
- 10.2 Chargebacks, credits during processing period. If a chargeback or credit occurs during the fee payment-processing period (12 business days), we reserve the right to deduct the associated fees from the owed Advertising revenues. The credit card processing fees applicable to Players, as well as other processing fees if any will be applicable in the future, will be deducted from the Casino Net Revenue, Poker Net Revenue or Betting Net Revenue, as applicable, from which your Revenue Commission is derived. Credit card current processing fees are 4%-6% of all credit card Deposits. Checks, wire transfer and Western Union payments do not presently charge any processing fees. Such fees, however, are subject to change at any time.
- 10.3 Fee Payment, we will pay you Advertising Revenue on a monthly basis, by the tenth of each month, but not less than $100 per payment. If you fail to achieve the amount of $100 Advertising Revenue on a certain month, the earned amount will be forwarded to the next calendar month. All payments due will be paid in Euros. With respect to payments by Wire Transfer the minimum payment amount is $500. All calculations in connection with the amount payable to you, whether under the Revenue Share or the CPA payment plans, will be made by us and based solely on our systems' data and records, and our calculations will be final and binding.
10.4 For all our Casino Brands we do not carry over negative balances. Furthermore, we separate our Brands for payment purposes, meaning negative results at one Brand won’t affect your positive results at the others (no bundling). With the following exception:
For RedKings Poker and BetRedKings if the account is in a negative position (e.g. because customer winnings have exceeded customer losses) the negative position will be carried over into the following month(s) and will be set-off against the payments due to you in the subsequent months, until the full negative balance is thus set-off.
For the avoidance of doubt, if an affiliate/company has several accounts (anames) promoting one Brand a negative will affect all the accounts in the group on that brand.
However, no negative carryover still applies to that Account/Brand as a whole and per brand
- 10.5 Commission when a player is an affiliate EuroVegasPartners.com reserves the right not to pay an affiliate partner for their personal losses within the site(s).
- 10.6 To avoid doubt, you will not be entitled to receive any Affiliate Accruals for revenues generated by Players on our Sites except as set out in the Payment Plan you choose for the Sites that are part of the Affiliate Network.
11. Brand Names/Trademarks
- 11.1 EuroVegasPartners does not permit its affiliates to use the terms RedKings, BGroom, EUCasino, Casino RedKings, SlotsMagic and DrückGlück or any other of its brand names / trademarks in any domain used to send players to us. Any affiliate found doing so will be required to transfer the domain to us.
- 11.2 If you do own a domain containing any of our brand names/trademarks please login to your registrar and unlock the domain which needs to be transferred. You should then send us the authorization code. We will then initiate the transfer and pay the transfer cost associated with this. Continued practice will cause the affiliate to be subject to termination and payments suspended. Please help us with this issue by either handing your domain/s over or reporting any such domains to us.
- 11.3 Marketing Codes.
- 11.4 You have been issued one marketing code per Brand and this is to be used only on the site on which you have been approved to promote our EuroVegasPartners Brands. Any partners found to be sending traffic from an unapproved site will risk having the traffic from that site invalidated and/or having their affiliate status removed.
- 11.5 Approved use of Marketing Codes and PPC Advertising.
- 11.6 Creating web sites for the sole purpose of taking advantage of any of our Brand terms, in particular "our Brand name Marketing Code", is not allowed. Sites targeting marketing codes will need to cease doing so or risk payments being withheld. Whilst including a marketing code on your site is allowed, a site which only exists for the purpose of promoting marketing codes is not. This includes websites with 'marketing code' in the URL and other sites which are deemed to serve no purpose other than to promote the marketing code. The same applies to buying PPC adverts in search engines eg Google , where bidding on our Casino/Poker and Betting Brand Terms for both desktop and mobile traffic is strictly forbidden. We have a zero tolerance for this kind of activity and your account will be blocked with no payments being made for traffic that you send to us from these sources.
12. Terms and Termination
- 12.1 The term of this Agreement will begin when you create a unique link to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
12.2. Upon termination:
You must remove all of our banners/icons from your site and disable the link from your site to ours.
All rights and licenses given to you in this Agreement shall immediately terminate.
If you have failed to fulfil your obligations and responsibilities, we will not pay you the Advertising Revenue otherwise owing to you on termination.
We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
12.3. Confidential Information
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, and/or violate intellectual property rights.
- 12.4 Commercial Use Only. This Marketing opportunity is for commercial use only, and you, your family members, friendly associates may not make deposits, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Advertising Revenue payables to you. If you wish to make test transactions to evaluate the system, including deposits, please contact [email protected] so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such deposits or traffic from your Advertising Revenue.
13.1 You shall defend, indemnify, and hold EuroVegasPartners.com, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:
- Any breach by you of any warranty, representation, or agreement contained in this Agreement.
- The performance of your duties and obligations under this Agreement.
- Your negligence or any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EuroVegasPartners DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EuroVegasPartners DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EuroVegasPartners OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EuroVegasPartners DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN EuroVegasPartners WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EuroVegasPartners) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF EuroVegasPartners OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND EuroVegasPartners MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER EuroVegasPartners NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.
15. Relationship of Parties
You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of EuroVegasPartners.com or our brands. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
16. Independent Investigation – Privacy and Identity
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
- 17.1. Governing Law. The laws of the Republic of Cyprus, without reference to will govern This Agreement rules governing choice of law. Any action relating to this Agreement must be brought in Cyprus and you irrevocably consent to the jurisdiction of its courts.
- 17.2. Non-Waiver Our 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. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
- 17.3. Remedies Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree 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 of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, 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 our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
17.4. Waiver 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 provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.