AFFMORE AFFILIATE PROGRAM TERMS & CONDITIONS.
“Affmore Affiliate Program” (hereinafter “Affiliate Program”) is operated by Jurassic Marketing Ltd (hereinafter “Company”) as marketing and advertising service company for Lucky Dino Gaming Ltd (hereinafter “Operator Company”) and its Brands.
“Company” means “Jurassic Marketing Ltd, incorporated in British Virgin Islands with a registered company number 1850800 and registered address at Craigmuir Chambers, Road Town, Tortola, BVI.
“Operator Company” means Lucky Dino Gaming Ltd, incorporated in Malta with registered company number C63394 and registered address at Office 33, Regent House, 8 Bisazza Street, Sliema.
“Operator’s Brands” or “Brands” means websites owned and operated by Lucky Dino Gaming Ltd under following URLs: luckydino.com, casinojefe.com, kalevalakasino.com, olaspill.com.
“Agreement” means all the Terms and Conditions set out in this document, the Terms and Conditions of the Commission Structures applicable to the different products, the General Terms and Conditions of the Company, or any other rules and guidelines set by Lucky Dino Gaming Ltd as company or its employees.
“Affiliate” means you, the private person or company, who applies to participate in the Program.
“Affiliate Services” means the Affiliate’s promotion of the Brands and the creation of the Links from the Affiliate’s Website(s) to the said Brands.
“Approved Marketing Material” any promotional materials, such as, but not limited to: banners, text and/or other online or offline material and any associated intellectual property rights which is either provided by Company, or is consented by Company or created in line with Company’s branding.
“Commission” means the income the Affiliate earns based on the promotion of Company’s products and services and based on figures set in the agreement or otherwise agreed on.
“New Customer” means a new unique customer referred to the Operator’s Brands through the Affiliate websites, having made at least a minimum deposit set in Operator’s Terms and Conditions, but excluding the Affiliate or its employees.
2.1 The Company is in the business of marketing, logistical and general support services in connection with remote gaming. The Company has entered into an agreement with LuckyDino gaming Ltd., an online betting company incorporated in Malta and licensed by the Malta Gaming Authority, to inter alia assume responsibility for the advertising, marketing and promotional aspects of the online betting business carried out under the LuckyDino.com, CasinoJEFE.com, Olaspill.com and KalevalaKasino.com brands and as part of this function the Company is operating the Affiliate program through the mentioned websites.
2.2 The Affiliate maintains and operates websites on the Internet or other marketing channels (hereinafter collectively referred to as “the Website”), and/or refers potential customers through other online or offline channels.
2.3 This Agreement will govern the Terms and Conditions of the promotions by the Affiliate of the website LuckyDino.com, CasinoJEFE.com, Olaspill.com and KalevalaKasino.com. The Affiliate will be paid a commission as defined under this Agreement depending on the traffic generated to the Brands and is subject to the Terms and Conditions of this Agreement.
2.4 The Net Revenue terms are specified in the relevant Commission Structures detailed in term 6 below. In the case of a future introduction of another product or brand, Affmore.com reserves the right to modify definitions of the terms of the Net Revenue for each product or brand.
3. Qualifying Conditions
3.1 The Affiliate hereby guarantees that:
3.1.1 Is of the legal age in the applicable country or jurisdiction to agree to enter into an affiliate agreement.
3.1.2 Is the owner or legal representative of the provided website, owns all possible licenses and permits to promote Brands in the applicable country or jurisdiction.
3.1.3 Affiliate will comply with all the laws and regulations in connection to promote Brands.
3.1.4 By signing up to Affmore.com affiliate program and accepting the Terms and Conditions, the Affiliate warrants that he/she fully understands and accepts the Terms and Conditions of Affmore.com affiliate program.
3.1.5 The affiliate applicant shall not have a criminal record in his/her country of residence or origin.
3.1.6 All violations towards any of these terms will lead to permanent closure of the account and immediate termination of the affiliate contract with Affmore.com affiliate program and Affmore.com will retain any earnings from the affiliate’s account.
3.1.7 Affmore reserves the right to move affiliate back to standard revenue share ladder from any special deals if the Affiliate fails to deliver private deal agreements, eg. Affiliate stops sending traffic, or sends traffic from different sources than agreed for the private deal.
3.1.8 The Company may, at its sole discretion, terminate this Agreement if the Affiliate fails to send any New Customers within 180 days.
3.1.9 Affmore can approve or reject any affiliate application without any further notice to the Affiliate.
3.1.10 Approved affiliate accounts are automatically included into the Program, and can use Affmore’s affiliate website and marketing tools.
3.1.11 By completing the affiliate application to Affmore.com affiliate program, and clicking “I agree” to Terms and Conditions, the Affiliate agrees to abide all the Terms and Conditions which are specified in this agreement. This includes different commission structures set by Jurassic Marketing Ltd. All commission structures which are specified in term 19 of this agreement shall be deemed to form an integral part thereof. Jurassic Marketing reserves the right to modify, delete and add any of the provisions of this agreement at any time at its sole discretion without giving any notice to the Affiliate in advance. These terms and conditions will overrule any additional agreements between the company and the affiliate.
4. Affiliate responsibilities and obligations:
4.1 By signing up to Affmore.com affiliate program the Affiliate warrants and undertakes:
4.1.1 To actively and effectively advertise, market and promote Brands within the guidelines set by Lucky Dino Gaming Ltd or its employees.
4.1.2 To market Brands to potential customers at its own cost. The Affiliate is solely responsible for distribution, content and manners of its marketing. All marketing activities must be proper and lawful in the region or area where these marketing activities takes place.
4.1.3 All marketing activities must follow these Terms and Conditions.
4.1.4 Must use tracking links provided by Affmore.com, to ensure correct tracking of customers. Not change or modify any marketing material without a written agreement of LuckyDino gaming Ltd. or its employee.
4.1.5 Maintain and develop their website in the best possible way. To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
4.1.6 To follow the rules and the code of conduct of the European Gaming and Betting Association (EGBA) http://www.egba.eu/en/consumers/standards.
4.2 The Affiliate warrants:
4.2.1 That it will not perform any abuse, discriminatory, obscene, unlawful or otherwise unsuitable act(s), which contains sexually explicit, pornographic, obscene or graphically violent materials.
4.2.2 Affiliate will not target any person or group of persons who is under the legal age of gambling in that jurisdiction.
4.2.3 The Affiliate will not intentionally target any jurisdiction where gambling or promoting gambling is illegal.
4.2.4 The Affiliate will not direct customers to Brands by fraudulent activity like sending spam emails, using incorrect information on links or register as a player and make a deposit through that player account, or any other way which will artificially increase the commission or the amount of generated customers.
4.2.5 Any websites operated by affiliate or any other marketing channel cannot contain material which may give an impression or cause a risk of confusing that it is operated by Brands.
4.2.6 Must use only marketing materials which are available on Affmore.com affiliate program or has been provided by a Lucky Dino Gaming Ltd. employee. The Affiliate may not use brand trademarks or other intellectual property rights without Lucky Dino Gaming Ltd. or its employees written agreement.
4.2.8 By accepting commission payments from Jurassic Marketing Ltd, the Affiliate confirms his irrevocable acceptance of this agreement and possible modifications.
4.2.9 The affiliate will not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other search or referral service and which are identical or similar to any of the Lucky Dino Gaming trademarks and brands or otherwise include the Lucky Dino trademarks or variations thereof, or include metatag keywords on the Affiliate Website which are identical or similar to any of the Lucky Dino Gaming Ltd trademarks and brands. You will not register (or apply to register) any trademark or domain name or any similar trademark or domain name which is similar to any trademark, domain name or brand used by or registered in the name of any member of Lucky Dino Gaming Ltd, or any other name that could be understood to designate Lucky Dino Gaming or any Lucky Dino brand.
5. Responsibilities and Obligations from Jurassic Marketing Ltd.
5.1 Jurassic Marketing Ltd. will provide the Affiliate all information necessary and marketing material for the implementation of the unique tracking link.
5.2 Jurassic Marketing Ltd Ltd. administrates the turnover generated through affiliates tracking links, records the commission amounts earned through these links and provides customer service for the customers who enter the Brands websites through these links.
5.3 Jurassic Marketing Ltd shall pay the affiliate on monthly basis depending on the traffic generated subject to these Terms and Conditions.
5.4 The Company hereby notifies the Affiliate that personal data (as defined by General Data Protection Regulation), relating to the Affiliate and its employees, may be collected by the company and shall be utilised solely in the interest of these terms and/or in pursuance of any legal obligation.
6.1 Jurassic Marketing Ltd. agrees to pay the Affiliate a commission which is calculated on the net revenue which is generated from the affiliate operated website or through other marketing channels. A new depositing customer is a customer who doesn’t have an account at the particular brand they’re registering into, registers an account through an affiliate tracking link and makes a real money deposit to the Brands gaming account. Commission includes VAT (value added tax) or any other tax if applicable. For a detailed commission breakdown, please refer to provision 21 of these Terms.
6.2 The commission is a percentage of the net revenue in accordance with what is set out in the commission structures. The net revenue calculation is product specific.
6.3 The commission is calculated at the end of each month and payments will be paid out by the twentieth (20) day of each calendar month, provided that the amount due exceeds €100 for Bank Wires and €100 for Skrill. If the commission is less than the minimum requirement for the payout, it will be carried towards the following month until the minimum payment amount is exceeded.
6.4 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the Affiliate’s account. If payment method cannot be used for any reason (f.ex bank account doesn’t exists anymore), that months payment will move automatically to the following month). If an error is made in calculating the commission, the Company reserves the right to correct such calculation at anytime and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
6.5 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the balance due for the period indicated.
6.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company on firstname.lastname@example.org and indicate the reasons of such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
6.7 The Company may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of these Terms and Conditions.
6.8 No payment shall be due when the traffic generated is illegal or contravenes any provision of these Terms and Conditions.
6.9 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, as well as all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
6.10 For the sake of clarity the parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out.
6.11 At the sole discretion of the Company the Affiliate may be provided with the opportunity to restructure its revenue structure. Examples of alternative revenue sources could include a CPA (Cost Per Acquisition) Module, Fixed fee (certain time period) or a Hybrid (any combination of these). Therefore once an Affiliate opts to accept the Company’s offer for a different revenue structure to the standard Commission Structure detailed in this Agreement, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his/her existing commission structure from the commissions change date of onwards. Not withstanding 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.
6.12 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement, unless the taxes are automatically deducted from the players revenues by the company. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.
7.1 This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
7.2 The Contracting Parties hereby agree that on termination of this Agreement:
7.2.1 The Affiliate must remove all references to Brands from the Affiliate’s websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or otherwise.
7.2.2 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.
7.2.3 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.
7.2.4 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 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.
7.2.5 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.
7.2.6 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.
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its own risk and that this Referral Program is provided “as is” without any warranties or conditions whatsoever, expressed or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
8.2 The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss ,injury or damage caused in whole or in part by failures, delays or interruptions any of the Brand’s website or the Affiliate Program.
9.1 The Affiliate agrees to defend, indemnify and hold the Company and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
9.1.1 Any breach of Affiliate’s representations, warranties or covenants under this Agreement.
9.1.2 Affiliate’s use (or misuse) of the marketing materials.
9.1.3 All conduct and activities occurring under Affiliate’s user ID and password.
9.1.4 Any defamatory, libelous or illegal material contained within the Affiliate’s site or the Affiliate’s information and data.
9.1.5 Any claim or contention that the Affiliate site or the Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity.
9.1.6 Third party access or use of the Affiliate’s site or Affiliate’s information and data.
9.1.7 Any claim related to the Affiliate’s site.
9.1.8 Any violation of this Agreement.
9.2 The Company reserves the right to participate, at its own expense in the defense of any matter.
10. Company Rights:
10.1 The Company and/or any of the Brands may refuse any player or close a player’s account if it is necessary to comply with the Company’s and/or any of the Brands Policy and/or protect the interest of the Company
10.2 The Company may refuse any affiliate applicant and/or may close any Affiliate’s account if it is necessary to comply with the Company’s Policy and/or protect the interest of the Company. If the Affiliate is in breach of this Agreement or of the Company’s General Terms and Conditions or other rules, policies and guidelines of the Company. The Company may besides closing the Affiliate’s account take any other steps of law to protect its interest.
11. Governing Law & Jurisdictions:
11.1 This Agreement shall be governed and construed in accordance with the laws of Malta and any action or dispute relating to this Agreement must be brought in Malta and the Affiliate irrevocably consents to the jurisdiction of the Maltese law courts.
12. Data Protection
12.1 Upon the registration of New Customers with the Operator’s Brands, the Parties acknowledge that they shall be acting as controllers in common (and not as joint controllers) in respect of the independent processing of such New Customers’ personal data.
12.2 The Affiliate shall at all times comply with the Data Protection Legislation. It is the Affiliate’s responsibility to inform its website visitors of GDPR principles including but not limited to how their data is processed.
12.3 The Company may, at its sole discretion, request that the Affiliate to show evidence of compliance with clause 12.2 and the Affiliate shall provide reasonable proof within 7 days of the receipt of such request.
12.4 Only Affiliates that comply with GDPR may use direct marketing methods such as SMS and e-mail promotions. The Company may, at its sole discretion, stop a business relationship with the Affiliate should there be evidence of non-compliance with GDPR and direct marketing methods used.
13.1 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 account of LuckyDino.com, then the accounts will coexist on individual terms.
13.2 The Company may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
14.1 The Company’s failure to enforce the Affiliate’s adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of the Company to enforce said terms at any time.
15. Force Majeure:
15.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.
16. Relationship of the Parties:
16.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
17.1 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 in effective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
18.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct or indirectly unless the prior explicit and written consent of the Company. This provision shall survive the termination of this Agreement.
18.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
19. Changes to this Agreement:
19.1 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 and conditions set out in this Agreement. Any such changes will be posted on Affmore affiliate website.
19.2 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.
20.1 Nothing contained in this Agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’ of the other party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party or of any company within the group of companies of the other party. Provided also that neither of the parties will register nor attempt to register any mark which is basically similar to and/or confusingly similar to any mark which belongs to the other party or to any company contained within the other party’s group of companies.
21. Commission structure:
21.1 Commissions are paid out as a percentage of the Net Revenue.
21.2 Net revenue is defined as:
Net Revenue = Bets – Wins – 25% Admin Fee (Game provider fees (incl. branded game fees), Transaction Costs, Chargebacks, Jackpot Contribution fees) – Taxes (where applicable) – Bonus costs.
Whereof the Admin Fee is a value which contains the License Fee, Game Provider Fee and Platform Fee and Jackpot games contribution cost.
21.3 The 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 Net Revenue Share
The amount of commission earned when reaching a tier will apply to all customers, also those referred to reach that tier.
Bonuses in this case means Paid Bonuses to the customer, not Granted Bonuses. The difference is that a Paid Bonus is a type of bonus money where the customer has actually reached the wagering requirement and/or physically received the funds in his real money wallet.
21.4 All commission periods starts from 0. There is no negative commission carryover between the commission periods. Commission period is always a full calendar month.