The JackpotKnights.com Affiliate Program is operated by Flavidus Limited (hereinafter “The Company”), a company incorporated under the laws of Cyprus with its office located at Agiou Antoniou 2, Strovolus, 2002 Nicosia, Cyprus and fully owned by MYEG BV (Emancipate Boulevard 29, Curacao, Netherlands Antiles) License 5536/JAZ.
By completing the affiliate application to the JackpotKnights.com Affiliate Program (the "Affiliate Program") and clicking registration button within the registration form, you (hereinafter the "Affiliate") hereby agree to abide by all the terms and conditions (the “Terms”) set out in this Agreement. If you don't agree with any part of the terms and conditions, please do not submit the application form or linking to the Operator Site.
1. DEFINITIONS
“Operator Site” means the Jackpot Knights Casino located at www.jackpotknights.com and its related pages.
“Affiliate Websites” means one or more websites on the Internet which are maintained and operated by the Affiliate.
“Affiliate Program” means the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Operator Site and create the Links from the Affiliate Website(s) to the Operator Site and thereby be paid a commission as defined under this Agreement depending on the traffic generated to the Operator Site subject to the terms and conditions of this Agreement and to the applicable product-specific Commission Structure.
“Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products, (iii) the General Terms and Conditions (iv) any other rules and/or guidelines of the Company and/or the Operator Websites made known to the Affiliate from time to time.
“Player(s)” means a person that has entered the Operator Site via your Tracker(s) and deposited a certain amount of funds.
“Tracker(s)” means the unique tracking URL provided to the Affiliate, during the term of this Agreement, though which the Company tracks your efforts and calculates your Advertising Revenue.
“Banners and Text Links” means the graphical artwork or hypertext that will direct to the Operator Site’s home page at http://www.jackpotknights.com, using Trackers.
“Casino Net Revenue” = Bets – Wins – Admin Fee – Bonuses – Transactions & Chargebacks generated on your Tracker(s) based solely on our log files. (Admin fee= License Fee + Game Provider Fee + Platform Fee)
“Advertising Revenue” means the percentage of Casino Net Revenue minus (i) converted complementary points and (ii) fraudulent transaction, due and payable to the Affiliate, at the end of each calendar month. Advertising revenue is a fixed monthly percentage of “Casino Net Revenue” depending on the amount of wagers made by players the Affiliate have sent within 1 month of activity.
“Spam” means e-mails and messages that are sent by the Affiliate, whether directly or indirectly, that: 1) contain false or misleading statements; 2) do not truthfully identify the source or the originating IP address; 3) do not contain an online and real time Remove option.
“Fraud Traffic” means deposits or traffic generated at the Operator Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
“Fraudulent transaction” means an uncollectable money transaction as a result of customer non-payment or fraudulent use, including but not limited to charge-backs and returns.
2. COMPANY RIGHTS AND OBLIGATIONS
2.1 Acceptance of an Affiliate
The Company shall evaluate the affiliate application form hereby submitted and shall inform the applicant in writing (email) whether the membership is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
2.2 Marketing Material
The Company shall provide the Affiliate with all required information and marketing material for the implementation of the tracking link.
2.2. Registering Affiliate players
The Company will register the Affiliate players and track their play. The Company reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements the Company may periodically establish.
2.3. Tracking players Play
The Company shall administrate the turnover generated via the tracking links, record the Net Revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
2.4. Paying a marketing fee
The Company shall pay the Affiliate the amount due depending on the traffic generated subject to the Terms of this Agreement.
2.5. Because of commercial and legal reasons the Company do not accept players with physical addresses in the United States of America and its territories. Likewise, the Company do not send monthly payments or transfer funds to banks located in the United States of America and its territories.
3. AFFILIATE RIGHTS AND OBLIGATIONS
3.1. The Affiliate hereby warrants and undertakes:
- to use its best efforts to actively and effectively advertise, market and promote the Operator Site as widely as possible in order to maximize the benefit to the parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online;
- to market and refer potential players to the Operator Site at its own risk, cost and expense. The Affiliate will be solely responsible for the distribution, content, legality and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement;
- to use only links provided within the scope of the Affiliate Program; and
- to be responsible for the development, the operation, and the maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s).
3.2 The Affiliate hereby undertakes, represents and warrants that:
- it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials;
- it will not actively target any person who is under the legal age for gambling, and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people;
- it will not actively target any jurisdiction where gambling and the promotion thereof is illegal;
- it acknowledges the Company’s ongoing commitment for the prevention of gambling addiction and that the Affiliate will co-operate with the Company to actively reduce gambling addictions by, for example, place links provided by the Company on the Affiliate Website(s) which direct traffic to websites involved in the business of preventing gambling addictions;
- subject to the marketing material as may be forwarded by the Company and/or made available online through the online website, the Affiliate may not use “JackpotKnights.com” or other terms, trademarks and other Intellectual Property Rights of the Operator Site unless the Company consents to such use in writing.
- it will not generate traffic to the Operator Site by illegal or fraudulent activity, particularly but not limited to by:
- sending spam;
- registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud; and
- that it will not present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Operator Site and/or the Company or convey the impression that the Affiliate Website(s) is partly or fully originated with/from the Site and/or the Company.
- The Company reserves the right to freeze the Affiliates account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of the terms and conditions of the Agreement.
4. PAYMENTS AND FEES
4.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be inclusive of value added tax or any other applicable tax.
4.2. Charge-backs
All funds that have been charged back will be deducted from your payment or the reserved funds. Charge back fees will be paid to credit cards companies and will be administered by us.
4.3. Fee Payment
The Company shall pay Advertising Revenue to the Affiliate on a monthly basis, by the 15th of the following calendar month. Should the Affiliate fail to reach the minimum amount of €100 Advertising Revenue in a month, the earned amount will be carried over to the next month. All payments are due and pain in Euros. In the case of a negative balance, the negative amount will not be carried over to the next month. Through a prior agreement with the Company, the Affiliate chooses the exact payment method.
4.4 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
4.5 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
4.6 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
4.7 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
4.8 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
4.9 At the sole discretion of the Company the Affiliate may be given the opportunity to restructure its commission structure. Examples of alternative revenue sources could include a Cost Per Acquisition (CPA) model. The Company hereby states to the Affiliate that only one type of revenue structure may be applied and it shall not be possible for two different revenue structures to co-exist. Therefore once an Affiliate opts to accept the Company’s offer for a different revenue structure to the standard commission structure outlined in Article 12, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present Agreement will still continue to apply to the Affiliate up until the termination of this Agreement and thereafter in accordance with the terms and conditions contained in this Agreement.
4.10 The Affiliate shall be exclusively responsible for the payment of any and alltaxes, levies, fees, charges and any other money payable or due both locally andabroad (if any) to any tax authority, department or other competent entity by theAffiliate as a result of the revenue generated under this Agreement. The Companyshall in no manner whatsoever be held liable for any amounts unpaid but found tobe due by the Affiliate and the Affiliate hereby indemnifies the Company in thatregard.
4.11 The rule in 4.3 will not apply if:
1) There is a negative balance due to Fraud. However, if applicable, costs will be carried over.
2) The high roller policy is invoked.
4.12. High roller policy
4.12.1 The high-roller policy will apply, if in any given month:
• an individual player generates a negative Net Revenue of at least € 7,500 ('High-roller'),
• and the aggregate Net Revenue in that month is negative €2,000 or greater.
4.13. If the high roller policy is being invoked, then the negative Net Revenue generated by the high roller will be carried forward and offset against future Net Revenue generated by that high-roller only.
4.14. In case of the situation that there is more than one high-roller, the negative balance carried forward will be split proportionally between them. The negative balance of a high-roller will be reduced by future positive Net Revenue that they generate in subsequent months. If applicable, the High Roller balances carried forward shall be clearly displayed within the financial report of the affiliate account.
5. DURATION AND TERMINATION
5.1. The duration of this Agreement begins with the moment of creation of a unique link on the Affiliate Website linking to Operator Site and will remain in effect until one of the parties bound with this agreement notifies the other in writing that they wish to terminate the Agreement, in which case the Agreement is terminated immediately. AGREEMENT TERMINATION CAN OCCUR AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, an e-mail is considered a written and immediate form of notification.
5.2 The contracting parties hereby agree that upon the termination of this Agreement:
a) The Affiliate must remove all references to JackpotKnights.com from the Affiliate's websites and/or other marketing channel and communications, irrespectively of whether the communications are commercial or non-commercial.
b) All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
c) The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, the Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
d) If this Agreement is terminated by the Company on the basis of the Affiliate's breach, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Company due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Company to the Affiliate.
e) The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
f) The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.
6. INDEMNITY
The Affiliate shall defend, protect, indemnify and not hold the Company or Operator Site, its directors, officers, employees and representatives responsible 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:
(a) Any violation by the Affiliate of any warranty, representation or agreement contained in this Agreement.
(b) The performance of the Affiliate duties and obligations under this Agreement.
(c) Negligence or any injury caused directly or indirectly by the Affiliate’s negligence or intentional acts or omissions, or the unauthorized use of Company banners and link or this Affiliation Program.
7. DISCLAIMERS
The Company makes no express or implied warranties or representations in respect to the Affiliation Program, Casino or marketing fee payment arrangements (including, but not limited to their functionality, warranties of fitness, merchantability, legality, non-infringement, or any other kind of implied warranty arising out of the course of performance, dealing or trade usage). Additionally, The Company makes no representation that the Operator Site will be uninterrupted or error and bug free and will not be liable for the consequences that may arise from said interruptions, errors and bugs.
8. RELATIONSHIP BETWEEN PARTIES
The Affiliate and Company are independent contractors, and nothing arising from this Agreement creates any type of partnership, join venture, agency, franchise, sales representative or employment relationship between the parties. The Affiliate shall have no authority to make or accept any and all offers or representations on the behalf of the Company or Operator Site. The Affiliate shall not make any type of statement, be it on the Affiliate Website or otherwise, that would in any way reasonably contradict anything said in this paragraph.
9. LIMITATION OF LIABILITY
The Company shall not be made liable for any indirect, special or consequential damages (including but not limited to loss of revenue, profits or data) arising in connection with this Agreement or the Affiliation Program, even in the case where we have been advised beforehand of the possibility of such damages occurring. In addition, our total liability arising in respect to this Agreement and the Affiliation Program shall not exceed the total Advertising Revenue paid or payable to you under this Agreement. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Any and all liability arising from this Agreement will be satisfied from the marketing fee generated and is limited to direct damages alone.
10. INDEPENDENT INVESTIGATION
THE AFFILIATE HEREBY ACKNOWLEDGE TO HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF THE TERMS AND CONDITIONS WRITTEN. THE AFFILIATE FULLY UNDERSTAND THAT THE COMPANY MAY AT ANY TIME (EITHER DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE WRITTEN IN THIS AGREEMENT AND OPERATE OR CONTRACT WITH WEBSITES THAT ARE SIMILAR OR COMPETE WITH THE AFFILIATE WEBSITE. THE AFFILIATE HAVE INDEPENDENTLY AND WITHOUT ANY FORM OF COERCION EVALUATED THE DESIREABILTY AND LEGALITY IN THE AFFILIATES RESIDING JURISDICTION OF BEING ABLE TO PARTICIPATE IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY FORM OF REPRESENTATION, GUARANTEE OR STATEMET OTHER THAN IS SET FORTH IN THIS AGREEMENT.
11. MISCELLANEOUS
11.1. Governing Law
The laws of Curacao, without reference to rules governing choice of law, shall govern this Agreement. Any action pertaining to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts.
11.2. Non-Waiver
The Company's failure to enforce the Affiliate's adherence to the Terms outlined in this Agreement shall not constitute a waiver of the right of the Company to enforce said terms at any time. None of the Company employees, officers or agents may verbally alter, modify, or waive any of the provisions in this Agreement.
11.3. Remedies
The Company 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. The Affiliate confirm, acknowledge and agree that damages may be inadequate for a breach or a potential breach of this Agreement and in the case of a breach or potential breach of any of the provisions of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction or any other equitable remedy. Nothing contained in this Agreement shall limit or affect any or our right at law or otherwise, for a breach or potential breach of any of the provisions of this Agreement, it being the intent of this provision to make clear our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
11.4. Waiver
Whenever possible, each and every provision of this Agreement shall be interpreted in such a way 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 in any way invalidating the remainder of this Agreement or any other provision hereof. No waiver shall be implied from conduct or failure to enforce any and all rights and must be in writing to be effective. IN WITNESS WHEREOF, the Affiliate expressly agree to the terms and conditions of this Agreement by completing the affiliate application to the Affiliate Program.
11.5 Assignment:
- The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of the Company. In the event that the affiliate acquires or otherwise obtains control of another affiliate of Operator Site, then accounts will coexist on individual terms.
- The Company may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
11.6 Changes to this agreement
- The Company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the Terms set out in this Agreement. Any such changes will be published on JackpotKnights.com.
- In case of any discrepancy between the meanings of any translated versions of this Agreement, the English language version shall prevail.
12. ADVERTISING REVENUE STRUCTURE
The advertising revenue percentage is determined by the amount of new depositing customers referred by the affiliate within the month the advertising revenue is paid for:
- Number of new depositing players: 0-5 (25% revenue share)
- Number of new depositing players: 6-15 (30% revenue share)
- Number of new depositing players: 16-35 (35% revenue share)
- Number of new depositing players: 36+ (40% revenue share)
The percentage of the advertising revenue earned when reaching a tier will apply to all customers.
13. CONFIDENTIALITY
13.1 All Confidential Information shall be treated confidential must not be used for own commercial or other purposes or shared to any person or third party neither direct nor indirectly without the prior explicit and written consent of the Company.
13.2 The Affiliate shall not use the Confidential Information for any purpose other than the performance of its obligations under this Agreement.
13.3 This clause 13 shall survive the termination of this Agreement.
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