Termos e Condicoes
Net Business Ltd, a company listed in the Registry of Companies (ROC) under number C42401, owner of the affiliate platform known as "Gambling-Affiliation.com" having its registered office at Office 32, level 3, Regent house, Bisazza street, Sliema SLM1640 Malta.
Hereinafter referred to as "Net Business Ltd"
A company / Association / Legal entity / individual over 18, who have declared their age on the registration form, willing to promote products or services offered by Net Business Ltd under the terms and conditions described below
Hereinafter referred to as the "Publisher"
Net Business Ltd has created and developed an affiliate platform available online at https://www.gambling-affiliation.com
Net Business Ltd provides all type of marketing services through its affiliate platform (marketing campaigns, customer support and brands advertisement)
Net Business Ltd gives the Publishers access to the marketing campaigns, set and defined by the Advertisers and available on the Gambling-Affiliation platform. Net Business Ltd offers to all network members support, payment of the generated commission for promoting the Advertisers campaigns, through text links banners and other marketing tools available on the Gambling-Affiliation platform.
To join the Net Business Ltd affiliate network, every website owner must register to the platform by completing the registration form online and agreeing to the Terms and Conditions.
The Affiliate confirms to Net Business Ltd that they are not a private individual less than 18 years of age and have the legal rights to subscribe to the affiliate network. If under the age of 18 the affiliate must get a parent or guardian to sign-up on their behalf.
This Agreement shall come into force upon publishers' acceptance as an Affiliate and shall remain in effect until terminated.
The Publisher also bears sole responsibility in ensuring they have the legal right to promote the Advertisers through links/banners or any other marketing tools.
Net Business reserves the right to delegate the present terms and conditions to any other company of its choice.
NOW AND THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS:
ARTICLE 1: DEFINITIONS
For the purposes of this Agreement, the following terms shall have the following meanings:
PLATFORM: The Net Business Ltd Software, available online and enabling the connection between the Advertisers and the Publishers is giving detailed information for the Publishers performance on the Advertisers accounts such as impressions, clicks, registrations and deposits.
AFFILIATE/PUBLISHER: Person or entity, member of the network, hosting ads on their website and generating commission for products sold through the links/banners or any other marketing materials on their site(s). If the Publisher is a person, he/she must be at least 18 years of age. If the Publisher has not reached the age of 18, a parent must give his consent to the registration.
ADVERTISER: A person, organization or company, targeting new customers by launching different type of marketing campaigns, through the Net Business LTD affiliate network
WEB SURFER: An individual or a legal entity connected to the Internet, using the web to carry out actions - interactive or otherwise - such as viewing websites, exchanging information or carrying out legally recognised actions such as purchasing products or services.
MARKETING CAMPAIGN: A set of conditions governing the relationship between the Webmaster and the Advertiser, including the remuneration (commission) payable by the advertiser to the webmaster.
NET BUSINESS LTD DATABASE: A database gathering all the information related to the webmasters and the leads generated as part of the marketing campaigns introduced by the advertiser.
ACTIVE AFFILIATE: An affiliate who got connected to his Gambling Affiliation account at least one time during the last 24 months.
INACTIVE AFFILIATE: An affiliate who did not connect to his Gambling Affiliation account for the last 24 months
CLOSED ACCOUNT: Account which is not accessible anymore by the affiliate
ARTICLE 2 : PURPOSE
The purpose of this contract is to establish the conditions and methods for implementing the advertiser's marketing campaigns on the platform and the structure of the commission payable by the advertiser to Net Business Ltd.
ARTICLE 3: OBLIGATIONS OF NET BUSINESS LTD
Net Business Ltd is committed to ensuring the proper functioning of the platforms hardware and software components, giving the users full access to all services offered on the platform under the terms and conditions of this contract.
In case of technical failure affecting the operation of the platform for reasons beyond the control of Net Business Ltd, such as a breakdown in the communication system, a breakdown in the Internet Service Provider system, or any other reason whatsoever, Net Business Ltd is committed to inform the Publisher of the situation and solve the technical problem as quickly as possible.
Net Business Ltd is committed to record and preserve digital information for the users via methods of their choice through the period necessary for the execution of the contract.
Net Business Ltd is to ensure the permanent availability and access of the Publisher to the statistics of the advertisers campaigns, such as impressions, clicks, registration forms and generated earnings(commission).
Net Business Ltd will regularly inform the affiliate network members, by methods of their choice about new launched marketing campaigns, providing full information on the campaign terms and conditions.
Net Business Ltd reserves the right to accept or refuse any new Publisher, willing to join the network. In case of refusal, Net Business Ltd reserves the right to provide no explanation or compensation.
Net Business Ltd is to provide to the publisher all necessary marketing tools such as banners, text links, mailing's kit needed for promoting the advertisers.
In case of technical failure affecting the functioning of the platform for reasons beyond the control of Net Business Ltd, such as a breakdown in the communication system, a breakdown in the Internet Service Provider system, or any other reason whatsoever, Net Business Ltd is to notify immediately the affiliates about the issue and when its been solved. Events like this shall not affect the continuation of the contract and shall not give rise to any claim by the affiliate. These events must be considered as constituting force majeure.
Net Business Ltd has the right to monitor the Partner website to ensure they are complying with the terms of this Agreement and the Partner shall provide Net Business Ltd with all data and information (including, but not limited to passwords) to enable Net Business Ltd to perform such monitoring at no charge.
Net Business Ltd provides detailed information of the Publishers commission due by Net Business Ltd.
The commission gets calculated based on the statistics and reports held by Net Business Ltd. These reports are updated on daily basis.
In the partners account the Publisher has an access to all the statistics of the earnings generated. These earnings will remain on standby till they get confirmed and paid by the Advertiser. All confirmed earnings become payable by Net Business Ltd to the Publisher.
ARTICLE 4.1: OBLIGATION OF PUBLISHERS
The Publisher agrees to provide to Net Business Ltd reasonable assistance in respect of the display, access, transmission and maintenance of links.
The Publisher shall incorporate and permanently display the latest links provided by Net Business Ltd on every page of their website in a manner agreed between the both parties. The Publisher shall not change the shape, location or operation of the links provided by Net Business Ltd without his permission.
The Publisher agrees to place the tracking links provided by Net Business Ltd to ensure the proper tracking of the website users actions like- impressions, clicks registrations and deposits on the Advertisers site.
Net Business Ltd strictly prohibits any fraudulent actions by the Publishers.
Every affiliate site must be authorized by Net Business Ltd in order to start promoting an Advertisers campaign. The authority granted by Net Business Ltd guarantees that the affiliate site is in compliance with all the requirements of the Advertiser.
Advertisers' visuals and hyperlinks should be placed only on sites that Net Business Ltd has authorized. In case of deliberately use of banners or hyperlinks on a site not authorized by Net Business Ltd, the partner will be immediately suspended and this may lead to termination of the agreement.
The publisher undertakes to respect the methods of implementing each marketing campaign in accordance with the specifications given by the advertiser. Any action not provided for or not described in the advertiser's marketing campaign shall be subject to the advertiser's approval.
In particular, Net Business Ltd draws the Publisher's attention to the following points:
Mailing: Unless explicitly authorised to do so by the advertiser, it is formally prohibited for the Publisher to promote the advertiser's website by an emailing except when using the visual elements provided by the advertiser. If the advertiser authorises the e-mailing, the Publisher shall obtain Net Business Ltd approval for the visual element planned for use. Furthermore, the Publisher attest that the e-mailing carried out should be done so on an opt-in basis, in accordance with the applicable law.
Incentive: Unless explicitly authorised by the advertiser, it is formally prohibited for the publisher to offer "premiums" or "bonuses" to web surfers in any form whatsoever. If the advertiser authorises the incentive, the publisher should respect the exact methods and, if necessary, obtain prior permission from the advertiser.
Failure to respect these methods may result in the exclusion of the Publisher from the programme concerned
ARTICLE 4.2: OBLIGATION OF PUBLISHERS - FRENCH MARKET SPECIFIC CLAUSE:
It is strictly forbidden to propose paid VIP group on your website and your social media pages, on the french market. the ANJ (the french regulator) has forbidden this practice. It is therefore absolutly forbidden to promote french licensed operators via a paid VIP system.
Any affiliate not respecting this rule will have his Gambling Affiliation Account closed and all unpaid commissions won't be released.
ARTICLE 5: FRAUD
In the interest of all parties, all actions aimed at artificially increasing the commission owed to the publisher are prohibited.
Any action carried out (automatically or otherwise) by the partner with the aim of generating commissions shall be considered fraudulent. Similarly, any action that does not respect the implementation methods for a marketing campaign may be deemed fraudulent by Net Business Ltd, without any further justification.
In the event of fraud, the contract will be terminated with immediate effect, without notice and without any compensation. If applicable, Net Business Ltd will request the reimbursement of amounts unduly paid to the partner, and reserves the option of commencing legal proceedings against the partner. Unless previously authorised by Net Business Ltd in writing, the following operations shall not be taken into account in the calculation of commissions:
- Artificial, repeated clicks not made by a web surfers (meaning an individual freely choosing to click on an advertiser's visual element), carried out by a robot, software or by any other means;
- forced clicks: a forced click is considered to be a click on an advertiser's visual element imposed on a web surfer in order to grant this latter's access to the partner's website, to confirm an action - such as participation in a game, to send a message, etc. (this list is not intended to be exhaustive).
- The automated generation of e-mail addresses
- Clicks obtained using modified tags
- Clicks obtained using tags placed on a website that has not been declared by the partner
- The multiple registration of the same state in order to mislead the advertiser.
- And more generally, events obtained by the partner following the partner's failure to respect these conditions, including their obligations to the advertiser.
ARTICLE 6: BILLING AND PAYMENT
Different types of remuneration:
CPM (cost per thousand): Cost per thousand impressions.
CPC (Cost per Click): The cost or cost-equivalent paid per click-through.
CPL (Cost per Lead): Used in online advertising, CPL defines how much revenue a publisher receives when they create a lead for an advertiser
CPA (FLAT): Cost Per Acquisition Online advertising payment model in which payment is based solely on qualifying sales.
CPA (PROGRESSIVE): Cost Per Acquisition: the amount of the CPA is defined by levels calculated from the revenues generated by the affiliate's players.
REVENUE SHARE : The revenue share payment model is a percentage calculated from the net revenues generated by the affiliates players.
HYBRID: Payment model that combines the CPA and the Revenue Share models.
Net Business Ltd will be tracking every visit to the advertiser's site. Based on the information gathered the Publishers commission will be determined and paid by the Advertiser.
In case of failure to comply (non-payment of amounts due), the payment of the Publishers commission owed by Net Business Ltd will be subject to amicable settlement or litigation, of the debt of the Advertiser to of Net Business Ltd.
Net Business Ltd processes payments to its affiliates twice a month, using the payment information filled in the partners account. Earnings have to meet the minimum payment threshold of 100 Euro (this data can be modified and is ranged between 100 - 1000 Euro). Earnings below 100 Euro will be carried over to the next month's payment session.
Net Business Ltd shall not be held responsible in any way for delays in the commission payment. All commission generated is subject to final approval by the Advertisers and after its been confirmed and paid to Net Business Ltd it becomes payable to the affiliate partners.
ARTICLE 7: MODIFICATION OF A WEBSITE
Any change to the name of any of the Publisher's websites and any change to the location of its hosting, its size, its purpose, its frequency of updating shall have no effect on the Contract, which will be applied as of right and automatically to the modified website.
The Contract relates to all the hosting locations of this website, existing or future.
In the event that the Publisher modifies its website significantly or spreads its website across several different sites, the Publisher must inform Net Business Ltd in order to proceed with the reassessment of the characteristics of the Publisher's website(s). Once this has been performed, the Contract shall apply to these new sites automatically and as of right.
ARTICLE 8 : LIABILITY
Neither Party shall be liable for any indirect loss suffered by the other party.
Neither Party shall be liable for any damage, direct or indirect, or being in connection with this Agreement, including, without limitation, lost profits, loss of income, loss of customers, loss or corruption of data.
Net Business Ltd shall not be held responsible by the Publisher, if Net Business Ltd is not able to identify a new depositor or user from the affiliate site.
The aggregate liability of Net Business Ltd in this Agreement shall in no case exceed the amount of commissions paid by Net Business Ltd during the period of six months from the date on which the disaster occurred or because of compensation arose.
Net Business Ltd specifically points out that advertising the betting and games offered on the affiliate platform or procuring betting and gambling is subject to legal restrictions in certain countries and possibly even prohibited.
In such an event the affiliate partner acknowledges that he is not entitled to publish Net Business Ltd advertising material on his website. In this case the affiliate partner is also forbidden to participate in the affiliate programme and register for this through Net Business Ltd.
If discomfort occurs, in any form whatsoever, for Net Business Ltd or for the Publisher due to ignorance of the prohibitions in the country of domicile of the Publisher, the Publisher will be solely responsible for these drawbacks.
ARTICLE 9: FORCE MAJEURE
None of the parties will be held responsible for the failures or delayed actions stated in this agreement caused by a force majeure event.
Force majeure should be defined as an extraordinary event or circumstance beyond the control of the parties that prevents one or both parties from fulfilling part or all of their obligations under this contract or such that may affect the performance of the actions making it excessively onerous or difficult to be fulfilled.
As such are considered: natural disasters, war, political changes, strikes, the act of a public authority, including the invalidation of legislation or regulations to operate games of chance or the creation of taxes.
It is agreed that the force majeure will only result the suspension of this agreement, during the time that this extraordinary event occurs. The party that would use the force majeure as an excuse to terminate the contract will have to inform the other party.
ARTICLE 10 : INTELLECTUAL PROPERTY
Publishers who advertise on their websites one of the advertiser‘s brand will not have any intellectual right on the marketing tools, the products nor the services offered by this advertiser.
For the campaign duration Net Business Ldt gives to the Publishers and only for the specific campaign, a non-exclusive right to use the trademarks and trade names of the Advertiser with commercial purposes.
The usage of the Software by the Publishers does confer only a right to use, non-exclusive and limited by the contract continuation.
The Publisher agrees not to infringe, directly or indirectly the intellectual property rights of Net Business Ltd and the advertisers on the platform of Net Business Ldt.
Nothing in this Agreement constitutes a license, assignment, transfer or other intellectual property law, including, without limitation, patents, trademarks, copyrights, database.
ARTICLE 11: TERM AND TERMINATION
This Agreement shall remain in force indefinitely.
It can terminate in several cases.
- Termination for cause
Net Business Ltd to terminate the contract, effective immediately, by giving written notice to the affiliate if it violates any of its material obligations under this Agreement if it fails to remedy it within 15 days of receipt of the demand made by Net Business Ltd;
- Termination without cause
Net Business Ltd may unilaterally terminate this agreement within a period of four weeks after receipt by the other party of the notification by Net Business Ltd, and without explanation. No damages shall be payable to the Publisher.
- Termination for no use
Any inactive affiliate (see the definitions) account will be automatically closed and all pending commissions related to this account will not be paid to the affiliate.
- Consequences of Termination
In the event of termination of this Agreement, the Affiliate shall immediately cease using the Services and the platform. The Partner shall immediately return all confidential information received to Net Business Ltd
ARTICLE 12: GENERAL PROVISIONS
Client shall not assign or transfer in any manner whatsoever this Agreement to any third party, unless Net Business Ltd expressly agrees to such assignment of transfer in writing.
If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, such provision will be enforced to the maximum extent and the other provisions of this Agreement will remain in full force and effect.
All notices under this Agreement shall be sent in writing at the address of the Parties stated on the first page of this Agreement. Any change of address may be notified to the other Party in compliance with this Section.
Notices will be deemed served (i) when delivered in person, on the date indicated on the receipt, (ii) when delivered by registered mail return receipt requested, on the date indicated on the receipt or, if there is no reception, on the date it is first delivered, (iii) when delivered by overnight postal service, if available, on the date indicated by this service on the probill, the air waybill or any other receipt, or (iv) when delivered by facsimile or email on the date of the return confirmation facsimile or email. In case (iv), the notification will not be deemed served if no confirmation is sent in return.
This Agreement constitutes the complete and exclusive understanding and agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter.
Waiver / Amendment:
Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of each Party.
ARTICLE 13 : GOVERNING LAW AND JURISDICTION
The Agreement shall in all respects be governed by and interpreted in accordance with the laws of Malta.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act and the Arbitration Rules of the Malta Arbitration Centre as at present in force. The appointing authority and administrator shall be the Malta Arbitration Centre. The number of arbitrators shall be one. The place of arbitration shall be Malta. The language to be used in the arbitral is english.