This Agreement contains the complete terms and conditions relating to your application and, if approved, subsequent participation in the EGB.com Affiliate Program.
(i) "you", "your" and/or "affiliate" mean the individual or entity that applied as the "BENEFICIARY" for payment purposes by filling out the sign-up form submitted via our website ("Affiliate Sign-up Form") or such other individual or entity as mutually agreed between you and us.
(ii) "we", "our", "us" means our site egb.com or any other site in our network, including egb.net, egamingbets.com, egamingbets.net, e-sport-bets.com and others.
1.1 This Agreement shall govern our relationship with you in relation to the affiliate network for our sites and supersedes any previous affiliate agreement you have entered into with us or a member of our group in relation to the site you are promoting.
1.2 When you indicate your acceptance of these terms and conditions on the Affiliate Sign-up Form, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT (as amended or modified from time to time in accordance with Section 1.4).
1.3 Under this Agreement, you are providing marketing services to us as an independent contractor. Neither party to this Agreement is an agent, representative or partner of the other Party. You shall have no right, power or authority to enter into any agreement for or on behalf of us, or incur any obligation or liability on behalf of us, or otherwise bind us. This Agreement shall not be interpreted or construed to create a labor relationship (in the form of employment), an association, joint venture, partnership, or representation relationship between us and you or to impose any liability attributable to such a relationship upon either Party.
1.4 We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) emailing you a change notice or (ii) posting the new version of the Agreement on our website. Except in the case of modifications relating to fraud prevention or modifications made to correct a mistake in the Agreement, which shall be effective on the date of posting or sending of such notice (whichever is the earlier), all modifications to the Agreement will only take effect FOURTEEN (14) days after the date of posting or sending of any such notice (whichever is the earlier). It is your responsibility to visit the website frequently enough to make sure you have the latest version of the Agreement and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE NETWORK FOLLOWING SUCH FOURTEEN (14) DAY PERIOD WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION. You hereby consent that egb.com may unilaterally terminate, modify or transfer this Agreement at any time.
1.5 Notwithstanding the provisions of Section 1.4, from time to time we may contact you with information regarding specific promotions and, unless you notify us otherwise, you will be deemed to have agreed to take part in such promotions and the terms of such promotions shall be incorporated into the applicable payment plan and this Agreement for the duration of such promotions.
1.6 You acknowledge and agree that in certain territories a different member of our group may need to perform obligations under this Agreement and you hereby consent and agree to other group parties fulfilling such parts of our obligations as is necessary in order for us to comply with the terms of this Agreement and for us to share such information about you to such other group parties for this purpose.
In this Agreement, the following terms shall have the meanings set out below:
2.1 "Account" means both the affiliate cashier account and the affiliate general account.
2.2 "Affiliate area" means the area of the website that is accessible to you (you may need to access some parts of this area by logging on with the security code we assigned to you when you signed up as a participant in the Affiliate Network, and associated password) and that provides certain 'members only' functionality, including facilities to check relevant statistics, register sub-affiliates, update your profile, create additional tracker IDs and bonus codes, select banners and/or text links.
2.3 "Banners" and "text links" means the graphical artwork or text that includes tracker IDs and bonus codes and tournament feeds (RSS) that are made available by us in the affiliate area and that you may use to connect players to our facilities from your website (or using other electronic method of communication) or using other marketing materials.
2.4 "Fees" means the amount due and payable to you, as calculated based solely on our system's data and in accordance with the terms of this Agreement and the applicable payment plan.
2.5 "Fraud traffic" means deposits, revenues or traffic generated on our facilities through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including but not limited to:
2.6 "Loyalty points" means the bonus system which awards real money players points for their activity on a site.
2.7 "Marketing materials" means banners and text links and any other marketing materials (that may include our trademarks) that have been provided or otherwise made available to you by us and/or pre-approved by us.
2.8 "Monthly gross revenue" (or "Traffic") means the amount of our revenue, received or retained by us, attributable to your real money players, in a particular month and a particular category; this amount is used as the figure to calculate the revenue share fees payable under the revenue share plan.
2.9 "Player(s)" means any person using our products or services on our sites, whether attached to your tracker or not.
2.10 "Sign-up bonus code" means a unique alphanumeric code that we may make available to you to provide to prospective players. When entered, the system automatically logs the sign-up bonus codes and records you as the affiliate in relation to the relevant player.
2.11 "Spam" means any email or other electronic communication sent to you, which markets, promotes or otherwise refers to us, the site or our facilities, or that contains any marketing materials, our trademarks or trackers and that violates our Affiliate Program Rules.
2.12 "Term" means the period from the date that you acknowledge and accept the terms of this Agreement by indicating such acceptance on the affiliate sign-up form, until such time as this Agreement expires or is terminated in accordance with its terms.
2.13 "Tracker(s)" means the unique tracking URL or player's sign-up bonus code that we provide exclusively to you, through which we track players' and real money players' activities and calculate fees.
2.14 "Tracking URL" means a unique hyperlink or other linking tool for referencing our site or facilities through which you refer potential real money players. When the relevant player opens their player account, our system automatically logs the tracking URL and records you as the affiliate that referred this player.
2.15 This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail.
3.1 Identity and disclosure. You shall provide true and complete information to us when completing the affiliate sign-up form and promptly update such information if all or any part of it changes. You shall also provide us with such other information as we may reasonably request from time to time.
3.2 Marketing activities and responsibilities. You shall market our sites to potential real money players and refer them to our sites. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing activities) and comply with the terms of this Agreement in all other respects. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
3.2.1 Place marketing materials on any online site or other medium where the content and/or material on such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, pornographic, sexually explicit, or violent or that is, in our sole discretion, otherwise unsuitable.
3.2.2 Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the marketing of our group, the sites and/or the website to any persons who are less than 18 years of age (or such higher age as may apply in the country that you are targeting), regardless of the age of majority in the region where you are marketing.
3.2.3 Use marketing materials in a manner that may potentially confuse a player or potential player.
3.2.4 Place marketing materials on any online site or other medium where the content and/or material on such site or medium:
3.2.5 Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic forms or other materials submitted to us by any other person.
3.2.6 In any way alter, redirect or otherwise interfere with the operation or accessibility of our sites or any page thereof.
3.2.7 Offer any so-called rake-back schemes or similar that offer or allow a proportion of the player's rake to be returned to the player in any form.
3.2.8 Post, serve or publish any advertisements, communications or promotional content promoting our site, our facilities or our trademarks in conjunction with the display of our site and/or any part or page thereof (for example, through any "framing" technique or technology or pop-up windows or pop-under windows or interstitials).
3.2.9 Cause any of our sites (or any parts or pages thereof) to open in a visitor's browser or any other means used for accessing the facilities other than as a result of the visitor clicking on banners or text links contained in any marketing materials.
3.2.10 Attempt to intercept or redirect (including via user-installed software) traffic from or to any site or other resource that participates in our Affiliate Network.
3.2.11 Use any means to promote any of the websites that resemble in any way the design of our sites whether in whole or in part, nor utilize any such means to create the impression that such websites are our sites (or any part of our sites).
3.2.12 Attempt to contact players whether directly or indirectly on our sites to solicit them to move to any 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.
3.2.13 Attempt to conduct marketing or promotional campaigns with respect to our facilities (or any specified part thereof) or our sites (or specific site) within territories which are restricted territories or territories included on the restricted marketing list; attempt to circumvent any restriction which we have put in place to prevent players from restricted territories from signing up as real money players; or attempt to disguise the geographical location of a player.
If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any fees and/or terminate this Agreement immediately on notice.
3.3 Competitive marketing. You shall not market our site and/or us or our facilities or our trademarks in any way whatsoever, unless such activities are approved in writing by us (i) on any site on which we promote any of our sites; (ii) by using pay per click and/or search engine optimization marketing techniques in order to target our trademarks or keywords associated with our trademarks or other keywords which are confusingly similar to our trademarks; (iii) in any other manner that results in you competing with us in relation to the promotion of any of the sites; or (iv) otherwise where we request that you cease the relevant activity.
3.4 Commercial use only. This marketing opportunity is for commercial use only. You shall not register as a player or make deposits to any player account (directly or indirectly) through your tracker(s) (or any sub-affiliate's tracker(s)) for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the fees payable to you or to defraud us. Violation of this provision shall be deemed to be fraud traffic.
3.5 Player information. We reserve the right to refuse service to any potential player and to close the player account of any player, at any time, in our sole discretion. All data relating to the players shall, as part of the relationship between you and us, remain our exclusive property and you acquire no right to such information except pursuant to our express written instructions.
4.1 Fees. Fees will be paid to you on a monthly basis in accordance with your chosen payment plan after you have completed the registration process and/or after additional trackers have been activated. We may choose not to approve your selected payment plan choice. For the avoidance of doubt, where you have selected the revenue share plan (and we have approved this payment plan choice), you will, subject to Section 8, continue to receive fees on that payment plan for the entire duration of the term.
4.2 Minimum payment and payment period. All fees generated through your chosen payment plan will be paid into your affiliate cashier account within thirty (30) days of the close of the relevant calendar month. We may impose reasonable restrictions on the frequency and amounts that can be cashed out of your affiliate cashier account for administrative convenience and/or to protect the security of your account. In our sole discretion, we may introduce and impose a policy that if the amount due is negative or less than USD 50 in any particular month, then this amount will carry over to the following month.
4.3 Holdover for fraud traffic. In the event that, in our sole discretion, there are reasons to suspect any fraud traffic or other fraudulent practices, then we may delay payment of the fees to you for up to one hundred and eighty (180) days while we duly investigate and verify the relevant transactions. We are not obligated to pay fees in respect of real money players if, in our sole discretion, their identity cannot be verified or who are otherwise involved with fraud traffic. In the event that we determine any activity to constitute fraud traffic, or to otherwise be in contravention of this Agreement, then in our sole discretion we may: (i) pay the fees in full, (ii) recalculate them in light of such suspected fraud traffic and/or (iii) forfeit your future fees in respect of fraud traffic (as appropriate).
4.4 Player tracking. You understand and agree that potential real money players must link through your tracker ID or use your sign-up bonus code in order for you to receive the relevant fees. In no event are we liable for your inability to use trackers or for potential real money player's inability to enter valid player 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.
4.5 De-tracking of real money players. If a real money player does not place a single bet on our sites for a period of three hundred and sixty-five (365) days, then we will de-track that real money player from your tracker and you will no longer receive fees on that real money player. That player can then be assigned to another affiliate in the event that they return to our site via another affiliate's tracker.
4.6 Disputes. If you disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be sent by you and received by us within thirty (30) days of our making available your monthly report; otherwise your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Furthermore, cashing of a payment cheque, acceptance of a payment transfer or other acceptance of payment from us by you will be deemed full and final settlement of fees due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of your fees, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
4.7 Money laundering. You shall comply with all applicable laws and any policies that we bring to your attention through our site or otherwise in relation to money laundering and/or the proceeds of crime.
4.8 Taxation. It is your sole responsibility to pay all taxes due in connection with any payments made to you. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from this Agreement and for collecting and paying the income tax and social security contributions in respect of your staff, if any.
4.9 Calculation. The revenue share payable shall be calculated as follows:
(Z - Y - B) x A x C
Z = Traffic (calculated based on the points earned by players; number of points / 10)
Y= i) any taxes or duties, (ii) any third-party software licensing costs, (iii) any marketing costs, (iv) any administration costs, and (v) any other transaction costs, including bank charges and chargebacks, for the reporting month
A = revenue share percentage for the reporting month
B = all bonus costs for the reporting month
C = affiliate's percentage
Our site may change the affiliate's revenue calculation formula during promotions but only in a manner that increases the affiliate's revenue share.
5.1 Term and termination. This Agreement will take effect when you indicate your acceptance of these terms and conditions on the affiliate sign-up form and continue until terminated in accordance with the terms of this Agreement.
5.2 Termination by you. You may terminate this Agreement, with or without cause, immediately upon written notice to us by sending an email marked “Termination egamingbets affiliate” to [email protected] For the avoidance of doubt, termination of the Agreement will end your participation in the affiliate network as a whole. In the event that you choose to terminate this Agreement, you must withdraw all funds from your affiliate cashier account within thirty (30) days of sending the foregoing email. If such funds have not been withdrawn by such time, then they shall be deemed forfeited and shall revert to us.
5.3 Termination by us. We may terminate this Agreement or—without terminating this Agreement as a whole—any specific trackers, with or without cause at any time, upon written notice to you that we may send by email to the email address you have indicated. In the event we terminate the Agreement as a whole, we shall be entitled to automatically deactivate any trackers. For the avoidance of doubt, on termination of this Agreement you will no longer receive any fees. If we terminate a specific tracker, you will no longer receive any affiliate fees through that tracker; however, your remaining trackers will not be affected.
5.4 Automatic termination by us if your account is inactive. Where automatic termination occurs, we will notify you that your fees will be frozen. If we do not receive any response from you within one hundred and eighty (180) days, any funds remaining in your affiliate cashier account will revert to us.
6.1 No warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE NETWORK, OUR WEBSITE OR ANY CONTENT, PRODUCTS OR FACILITIES AVAILABLE THEREIN OR RELATED THERETO, OR THAT OUR SITES, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING, EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT.
6.2 Billing and collection limitations. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your tracker certain real money players, deposits or play patterns or reject the applications of potential real money players and/or affiliates so as to reduce the number of fraudulent or unprofitable transactions or for any other reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.
7.1 Confidentiality and non-disclosure. As an affiliate, you may receive confidential information from us, including confidential information as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. You shall not disclose this information to third parties or use such information other than for the purposes of this Agreement without our prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).
7.2 Mass media. You may not issue any press releases or other communications to the public with respect to this Agreement or your participation in this affiliate network without our prior written consent, except as required by law, court order or regulatory authorities.