TERMS AND CONDITIONS
Below are the complete terms and conditions of your Agreement as a member of the JackedAffiliates Program. Your membership at JackedAffiliates is deemed by accessing and using JackedAffiliates marketing materials; as well as accepting rewards, bonuses and or commission which might or might not be mentioned in these agreement/terms and conditions or anywhere else on our website; and you are also deemed as accepting and being bound to these terms and conditions as laid out.
If for whatever reason you do not accept all the terms and conditions of this Agreement please do not create a link to any Clients. Please do not create an affiliate account if your site is unsuitable in any way, as your contract will immediately be terminated the Agreement. Please see the Termination Clause below for a list of types of unsuitable sites. If you are unsure whether or not you meet the criteria of a suitable site, please contact an affiliate manager.
These terms and conditions/this agreement provides affiliate non-exclusive rights to direct users/players from the affiliate's site/s to the client's sites; and in return the affiliate receives commission and or referral bonuses as specified below.
This agreement also grants affiliates the non-exclusive right and license to advertise, market, advertise and promote the services provided in accordance with the terms and conditions as specified.RECITALS
"We" and "us" refers to JackedAffiliates. We produce, market and promote this Affiliate Program. This service is accessed through the use of a personal computer, modem and/or direct Internet access.
"You" and "Webmasters" refers to the other party to the contract formed by the acceptance of these Terms and Conditions.
"Client" is defined as a company that has contracted JackedAffiliates to manage and promote their Affiliate Program.
"Customers/Players" refers to the visitors directed from the sites of the affiliate.
1. JOINING THE JACKEDAFFILIATES PROGRAM
1.1. JackedAffiliates shall, after each application received, evaluate the suitability of the applicant's website and notify applicants whether or not their application has been successful.
1.2. The decision to accept or reject an affiliate is at the sole discretion of JackedAffiliates. We are under no obligation, express or implied, to offer any reasons for any decisions made.
1.3 Grant of License
1.3.1. With this Agreement, you are granted a non-exclusive, non-transferable right and license to advertise, market and promote our Client's sites and services, in complete accordance with the terms and conditions as expressed in this Agreement.
1.3.2 We also reserve all other rights and licenses even those not expressly granted/mentioned to you herein.
2. RELATIONSHIP OF PARTIES
2.1. '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 these aforementioned parties.
2.2. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in the above point.
3. OUR RIGHTS AND OBLIGATIONS
3.1. We shall register your visitors, track their purchases and, in the case of the casino Client's, their play. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements/terms and conditions we may periodically establish. ("Customer" is defined as a person/entity that follows a link from your site, e-mail, banner, etc to a Client of JackedAffiliates and registers an account with them. By registering an account with a Client, that person/entity will become our Customers and, accordingly, all Client rules, policies, operating procedures and terms and conditions will apply to them.)
3.2. Customer Tracking and Reporting
3.2.1. We will track Customers' play and supply reports summarizing their activity, as well as reports for any commission generated/owing.
3.2.2. The form, content, layout and frequency of these reports may, at our sole discretion, vary from time to time.
3.2.3. We shall provide you with online access to these reports, which can be accessed using your Affiliate username/logins and the password created.
3.2.4. We will also provide you with a unique tracking link and it is your responsibility to ensure that the tracking links you use are in the correct syntax. Failure to provide the correct information will result in our inability to accurately track and report on your Customers.
3.3. We will pay you referral fees (as set out below) on income we earn from play by all legitimate Customers after they register an account with a Client.
3.4. We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new Agreement on our site. It is the affiliate's responsibility to periodically check back here for any such changes/additions. Modifications may include, but are not limited to, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new Agreement on our site will constitute binding acceptance of the change/addition.
4. UNSOLICITED COMMUNICATION
4.1. By agreeing to this Agreement, you are agreeing to create a unique link from your site to a Client site. You may link to a Client with banners, icons, and a text link. This is the only method by which you may advertise on our behalf.
4.2. We will terminate this Agreement immediately if there is any form of unsolicited communication (spamming) or if you advertise our Clients' sites in any other way. You shall not make any claims, representations, or warranties in connection with us or our Clients and you shall have no authority to, and shall not bind us or our Clients to any obligations.
5. PROMOTIONAL MATERIAL
5.1. By agreeing to participate in this Affiliate Program/become an affiliate, you are agreeing to download banners, text or other promotional materials and place them on your site or utilize them within your e-mail or print marketing. These are the methods by which you may advertise on our Clients' behalf. We will terminate this Agreement immediately if there is any form of spamming or if you discredit our Clients through false advertising, written or verbal communications/ words. You shall not make any or create your own promotions on behalf of the Clients, make any claims, representations, or warranties in connection with us or our Clients and you shall have no authority to, and shall not, bind us or our Clients to any obligations.
5.2. Without our prior written approval from JackedAffiliates, you will only use our approved banners, links and marketing materials, and will not alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our Clients' sites.
5.3. You will not knowingly benefit from known or suspected traffic not generated in good faith/appropriate manners whether or not it actually causes the Client damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the earnings paid to you at any time. Our decision in this regard will be final and no correspondence/discussions will be entered into. 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/was obtained with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic due to the damage it might have caused our Clients.
5.4. You will be solely responsible for the development, operation, maintenance and upgrade of your site/s and for all materials that appear on your site/s. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous/inappropriate or otherwise illegal/objectionable. We disclaim all liability for these matters and whichever might arise in the future. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without being limited to, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
5.5. License to use brands.
We hereby grant to the affiliate a non-exclusive, non-transferable license, during the term of this Agreement/contract, to use our Clients' intellectual-property marks (brand name, brand logo) 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 the affiliate. Your right to use these 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 licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
6.1. The term of this Agreement will begin when you download a casino banner and link it 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.
6.2. Termination is at will, for any reason, by either party.
6.3.For purposes of notification, delivery of a notice of termination via e-mail is considered a written and immediate form of notification.
7.1. We may terminate this Agreement at any time if we determine (at our sole discretion) that your site is unsuitable. This applies even if the agreement has been in place for some time. This is to make allowance if the site becomes unsuitable after an agreement has been put in place.
7.2. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or other, promote illegal activities, or violate intellectual property rights.
7.3. Restricted Territories
7.3.1 By entering into this Agreement, the affiliate (and any subsidiary Affiliates) undertakes not to actively target Customers located in Belgium, Cyprus, Denmark, Greece, Ireland, Italy, Czech Republic, Hungary, Greenland, North Korea, Singapore, Spain, South Africa, Turkey, United Kingdom or USA (and outlying territories, its dependencies, military bases and territories including, but not limited to American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and Virgin Islands), France, Estonia, Hong Kong, Afghanistan, Ethiopia, Iran, Iraq, Jordan, Kuwait, Pakistan, Syria, Nigeria, Romania, Bulgaria, Portugal, Philippines, Israel, India and Yemen.
7.3.2. This includes, but is not limited to, off-line advertising, the use of banners, sending correspondence or direct marketing to any players or traffic coming from domains or URLs based in any of these countries and their territories.
7.3.3. We reserve the right to terminate this Agreement, with immediate effect, should you or any subsidiary Affiliates contravene the above mentioned clause and exclude to the fullest extent of the law, all liability and responsibility incurred with such a breach.
7.3.4. Upon termination:
a) All rights and licenses given to you in this Agreement shall be immediately terminated.
b) You must remove our Clients' banner/s from your site and disable any links from your site to theirs and ours, and immediately stop using any other marketing materials supplied to you by the Client.
c) You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
d) If you have in any way failed to fulfill your obligations and responsibilities, we shall not pay you the referral fees otherwise owing to you on termination.
e) The continuation of play after termination by Customers referred to our Clients by you will not constitute a continuation or renewal of this Agreement or a waiver of termination.
f) You will cease all uses of any trade names, trademarks, service marks, logos and other designations of our Clients and us.
g) You and we (the affiliate and the affiliate program) will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement.
h) Termination will not relieve you from any liability arising from any breach of this Agreement that occurred prior to termination.
7.4. Brand bidding
Brand bidding is considered a very serious matter at JackedAffiliates. We therefore have set out limitations to advertising on the behalf of our Affiliates. Please be advised that if you are found brand bidding, we reserve the right to withdraw your commissions paid to you at any time without any correspondence or warning and ultimately the termination of your account.
7.4.1 You may not, under any circumstances, use domain names utilized by JackedAffiliates and its Clients. You may therefore not use domain names, brand names or any bid made by your party on keywords, search terms including and without limitations, Casino Mate and House of Jack.
7.4.2. If you are found copying any content or text from any of the sites mentioned in 7.4.1.
7.4.3. If you are found cloning any of the sites mentioned in 7.4.1.
7.5. Sale of Business
7.5.1. We recognise that you may wish to sell, otherwise dispose of the shares and assets of your business to a third party, or conclude any sort of transaction with a third party that will alter the control of your business. Before completing the sale, disposal or transfer of your business, you shall be required to:
18.104.22.168. Give us written notice of your intention no less than 30 days prior and provide us with any information or details we may request. These will include, but are not limited to, the full details of the intended purchaser (banking details, and if they are already an Affiliate with us, their Affiliate ID). You must also provide us with irrevocable consent and authority to pay the selling Affiliate's commission, after the sale is complete, to the purchaser, in whatever form we see fit.
22.214.171.124. Make the deed of sale subject to our approval of such purchaser as an Affiliate of our Program and that the intended purchaser shall, subject to our approval, join the Affiliate Program.
7.5.2. Authorisation, by us, of the intended sale, disposal, or transfer, will effectively terminate your enrolment in the Affiliate Program.
7.5.3. If we reject the intended purchaser and you decide to proceed with the sale/disposal/change of control, we reserve the right to terminate your enrolment in the Program, effective immediately.
8. Confidential Information.
8.1. During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of our Clients and/or the Affiliate Program (including, for example, referral fees earned by you the affiliate under the Program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
9.1. Custom Deals – Please contact your affiliate manager as Terms and Conditions will be agreed upon on an individual basis.
CPA Payment Plan:
- Under the CPA Payment Plan, an Affiliate will receive a once-off payment for every qualified new depositing player, with or without a minimum deposit amount (baseline), for specific countries, as previously agreed upon in writing with a JackedAffiliates Affiliate Manager.
- We allow a 48 hours' notice prior to terminating a CPA campaign deal.
- After deal termination we shall pay for late conversions for up to 30 days.
- If a player only purchases but does not wager we will not pay for such player
- Any chargebacks that ensue from your qualified players will be deducted from the CPA invoice.
- Any qualified CPA player already existing within our casinos will be considered as a duplicate player. Consequently such players will be filtered out.
The Following Terms and Conditions pertain to the Profit Share Commission:
9.2.1. You will earn referral fees based on the number of first time depositing players delivered per month, calculated according to the percentages reflected in the Fee Schedule below.
Only credits actually purchased by a Real Player (in the case of Casino Clients) will be eligible for payment.
9.2.2. Commission is calculated as follows:
BETS – WINS – 25% ADMIN FEE* – PAID BONUSES** – TRANSACTION COSTS & CHARGEBACKS – TAX*** (If applicable).
- Admin Fee: covering Game Vendor Fees, Jackpot Contributions, Platform Fees and Licensing Fees.
- Bonuses: Bonus funds granted to a player minus expired and forfeited bonus amounts
- Tax: Gambling Tax arising from player's betting activity, only applicable to activity from certain jurisdictionsThe net revenue share percentage is determined by the amount of new depositing customers referred by the affiliate within the month the commission is paid for.
NUMBER OF NEW DEPOSITING CUSTOMERS AFFILIATE SHARE:
The following Terms and Conditions pertain to both the Custom Deals and the Profit Share Model Commission Structures:
9.3. We retain the right to change the fee schedule and method of calculation of fees.
9.4. If the account is in a negative position (e.g. because total Customer winnings have exceeded total Customer losses) a balance of zero will be carried over to the following month.
9.5. Referral fees will be based upon our good faith calculation based on our statistics.
9.6. 2nd Tier Affiliate Program - You shall be entitled to a referral bonus of 2%, with respect to monthly Revenue generated by visitors who arrive from other Affiliates that are referred to us, directly by you. Please note that negative carry over is applicable to 2nd tier earnings.
9.7. We retain the right to pass on any financial costs to your account that we may incur due to fraudulent activity by players that have signed up at the casino through your efforts.
9.8. A charge back is when a credit card-holder discovers irregular transactions made on his/her Credit/Debit Card that was not authorized by him/her. The credit card-holder can request his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder's card or card number.
9.9. Should the player process a charge back, the charge back for that player will be deducted from the Affiliate's earnings, and therefore deducted from the total balance due to the Affiliate for the current month.
9.10. Should the deduction of the charge back amount exceed your current amount due, your balance will then revert to a negative balance, and you will have to work your way back to zero before you can start earning again.
9.11. Unlike with a player making a big win, which only lasts one month, a charge back will remain active until the revenue generated by your other players have covered the amount due.
9.12. In the event that a new depositing player (on the Profit Share Model) makes a chargeback in the month that he signs up, this player will not qualify as a depositing player when calculating commission.
9.13. No Affiliate can earn commission from his/her own play or that of their immediate family.
9.14. There is NO Ring Fencing of negative brands from total earnings.
9.15. If you become dormant or inactive for a period of three months or more, at any time during this Agreement, we reserve the right to restructure, on an individual basis, the commission model applicable to your account, including any commissions due to you.
10.1. We will pay you referral fees on a monthly basis, within the first 10 working days of each month for any fees earned by you in the previous month.
10.2. Your commission is based on what you earn from the purchases and play of your referred Customers at our Client's sites. Therefore you will only be entitled to, and paid your commission, once we have been paid by our Client.
11.1. You shall defend, indemnify, and hold our Clients and their electronic cash provider, 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:
a) Any breach by you of any warranty, representation, or agreement contained in this Agreement,
b) The performance of your duties and obligations under this Agreement,
c) Your negligence or
d) 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 referral Program.
We make no express or implied warranties or representations with respect to the referral Program, JackedAffiliates or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
In addition, we make no representation that the operation of our site will be uninterrupted, bug-free or error-free and will not be liable for the consequences of any interruptions, bugs or errors.
13. LIMITATION OF LIABILITY
13.1. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
13.2. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
14. ASSIGNABILITY AND INUREMENT
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
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.
No modifications, additions, deletions or interlineations of this agreement are permitted or will be recognized by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
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.
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 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.
18. INDEPENDENT INVESTIGATION
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 web sites that are similar to or compete with your web site.
You have independently evaluated the desirability of participating in this referral program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
19. PLAYER QUARANTINE POLICY
The Quarantine Policy will come into effect when:
19.1 Any player generates a negative net win (in any given month) which is a greater negative than - €3000.
19.2 The overall net win for the Affiliate (in any given month) is a greater negative than -€2000.
If both of the quarantine measures from point 1 are met, the negative net win generated by the player will be taken and compensated against future net wins by that player in future month/s.
All players placed in quarantine will be visible for Affiliates to view within the profit reporting section in JackedAffiliates.
Any player's quarantine balance carried forward will not be set-off against other players' net win.
Quarantine happens in month 1. If a player wins in month 1 and the other players lose in month 1, the Affiliate will be paid commission on the other players in month 1.
In the month that a player surpasses his quarantine value, the Affiliate will begin earning commission for that player again. Explanation of the quarantine policy:
Quarantine happens in month 1. If a player wins €10,000 in month 1 and the other players lose €6,000 in the same month, the Affiliate is paid commission on €6,000, while the €10,000 is quarantined. This Affiliate would otherwise have earned zero in month 1, but now earns commission on €6,000.
- Player 1: €1750.00
- Player 2: €700.00
- Player 3: -€10000.00
- Player 4: €2050.00
- Player 5: €1500.00
On the above example, with the quarantine policy in place, the Affiliate would earn on the €6000.00. With a player in quarantine, and for the duration of the quarantine, the player's negative is excluded from Affiliate casino profit. Once the player has played back his/her negative profit, it will be accounted for as normal in Affiliates' commission. If the quarantined player never returns and never plays the win back, the casino will suffer the loss alone. At no point will the loss be deducted from any Affiliates' commission.
In Witness Thereof: You expressly agree to the terms and conditions of this Agreement by completing the registration process, downloading banners and creating a link from your site to our Client/s.