By signing this document, you represent and warrant that you agree to comply with all of the following terms & conditions (including future amendments and modifications according to section 5.7 and 12 of this agreement) which form a legally binding contract between (a) you and (b) XcitingGames Limited (hereafter referred to as the Company).
This agreement shall govern the Company's relationship with you concerning the Affiliate Program and replaces and supersedes any former Version of the Company's Affiliate Program.
Before participating in the Company's Affiliate program you have to register yourself with the Company. When registering and whenever requested to give additional information, you have to provide true and complete information, including, but not limited to, your identity, contact information, nationality, residency, location.
You are obliged to keep the data requested from you when first registering up-to-date by immediately notifying the Company with any change in this information.
Your failure to comply with this obligation will give the Company the right to withhold any payment due to you, until you fulfil your obligation under this section. Should you fail to comply with the obligation stated in this section within a reasonable period of time as specified by the Company, the Company shall be entitled to cancel this agreement and withhold any payment due to you.
Upon your registration with the Company you will receive a unique and personal Bonus-Code. Before you have been given this Bonus-Code, you cannot participate in the Company's Affiliate program.
Your marketing the Company's services (including its websites) is for commercial purposes only.
You shall market and refer the Company's website to potential new players. Your marketing activities are made solely at your own cost and expenses.
You will be solely liable for the content and manner of your marketing activities. All such marketing activities must be professional, proper and lawful under the applicable law(s) (including the law concerning advertising or marketing). Your marketing activities shall comply with the terms and guidelines contained in or referred to in this agreement.
You may not actively target any persons who are minors according to the law of their residence and - in any case - who are less than 21 years in the USA, 19 years in Canada and less than 18 years elsewhere).
You may not place marketing materials on any online site (or other medium) where the content and/or material on such website or medium is - in total or in part - libellous, discriminatory, obscene, violent, unlawful or - should the Company so consider at its sole discretion - unsuitable or which might in any way damage the Company's reputation.
You may not place marketing materials on any website or other medium, the content and/or material of which
You may not use marketing methods which will lead the addressee to the Company's websites other than by his clicking on banners or text links contained in marketing materials provided or approved by the Company according to section 4.3. Methods NOT approved by the Company include, but are not limited to, pop-up windows, pop-down windows or any form of framing technology.
You may not incite (directly or indirectly) any other person to move to any website which is not owned by the Company.
You may not interfere with the Company's or its affiliates' communication with any other person, e.g. by reading, recording, modifying or redirecting the communication.
You will furthermore comply with any Marketing Rules and Guidelines issued by the Company on its website (www.xcitinggames.com) from time to time. You will check this website at least once a fortnight in order to detect any modifications to these Marketing Rules and Guidelines. These Marketing Rules and Guidelines may include marketing strategies which are to apply to you.
You will not authorize, assist or encourage any third party to infringe the principles laid out in the paragraphs above.
You represent and warrant that you are bound by the standard rules of electronic marketing within the EU.
You will therefore not use spam emails nor will you (directly or indirectly) circulate messages to persons or newsgroups, chat boards or other online forums if the addressee has not clearly and specifically consented to receiving promotional messages. You will also provide the recipient with an adequate "unsubscribe" option in order to stop his/her receiving promotional messages.
In any communication, you will
None of your statements shall be false, misleading or confusing.
Any communication shall make clear that you are marketing the Company's services; you will therefore expressly state in any communication that the recipient has received the message from an affiliate marketer of the Company and indicate the Company's following email address (www.xcitinggames.com) which the recipient can contact, should the message be misled, misleading or the recipient's request to unsubscribe be ignored.
You will only use the marketing material provided by the Company or otherwise previously approved in writing or by email by the Company in order to market the Company's services (including its websites). You will make use of all or specified marketing material provided by the Company if requested to do so. The Company may specify the ways in which to make use of the marketing material.
During the term of this agreement, the Company will grant you marketing materials (including guidelines, graphics and text) free of charge. You shall not modify the marketing material provided by the Company unless the Company has given you written consent to do so.
You may use these marketing materials only in order to marketing to and referring potential new players to the Company's website.
This right to use the Company's marketing materials is neither exclusive nor transferable to third parties.
Apart from the use of marketing material provided or approved by the Company you are not granted any rights to make use of the Company's intellectual property. You are therefore not entitled to use any of the Company's trademarks (or any trademark which is confusingly similar to one of the Company's trademarks) for your domain name.
Any scheme which allows a proportion of the player's rake to be returned - directly or indirectly - to the player (rake-back schemes) is prohibited.
You may not influence the players' behaviour during his using the Company's services by your taking part - directly or indirectly - in any form of chat during the playing session. Any attempt to do so will be deemed fraudulent and the Company shall have the right to terminate its agreement with you forthwith.
You may not grant incentives to potential new players without the Company's prior written consent. Commissions for new members who are thereby induced to register are void.
You are not entitled to market the Company's services (including its websites), unless such activities are approved in writing by us,
This agreement does not give you the right to interfere with the operation or accessibility of the Company's or its other affiliates' websites nor to intercept or redirect any traffic from the Company's or its affiliates' websites.
Any breach of the your obligations under section 4 may - without prejudice to further sanctions under applicable law - result in your being held liable for damages, this agreement being terminated by the Company, your Commission being withheld or cancelled and/or even in your being prosecuted under any applicable law.
A New Member is a person who opens an Account with the Company using your Bonus-Code and who has or has had neither a prior account with the Company nor a prior record of his/her email address. Additionally, a New Member is not recognized as such if there are other details indicating - at the Company's sole discretion - a connection between his/her new account and prior accounts with the Company.
You understand that you will only receive Affiliate Commission for those New Members who actually register using your Bonus-Code; the Company is not liable for your or the New Members' failure to properly enter the appropriate Bonus-Code.
The Company may reject New Members at its sole discretion. The Company is entitled to terminate any agreement with New Members and shut down their accounts according to the Company's (modifiable) Terms & Conditions. You are informed that the Company sets maximum limits for rakes for each individual player at its sole discretion and may change this limit at any time at its sole discretion.
Your Affiliate Account is activated, once players have registered for an Account using your Bonus- Code and played minimum real-money rakes of Euro 1.000. Until then, your Account is inactive.
You will not receive Affiliate Fees while your Account is inactive. Once your Account is activated, you will also be paid your Affiliate Fees for the time during which your Account was inactive.
You are paid a percentage of the Net Revenue generated by all members:
Net Revenue shall mean the total sum of all real-money rakes by the New Members marketed to the Company by you according to section 5.1 while they are playing on the Company's website(s) less any credits, bonus or promotional amounts granted to the New Members by the Company, processing charges, charge backs and any other uncollectible revenue or deductions the Company is entitled to make in accordance with its Terms & Conditions.
If the Company is entitled to void the New Member's winning, the New Member's rake is deemed voided with respect to the Affiliate's Net Revenue; if the Company is entitled to withhold the New Member's winning, the New Member's rake is deemed withheld with respect to the Affiliate's Net Revenue.
A New Member's rake shall be determined as the number obtained when dividing the actual amount of each rake to which the New Member has contributed divided by the total number of players at the table at the start of the hand.
Each month, you will receive an Affiliate Commission of 20% of the monthly Net Revenue, if the monthly Net Revenue of your players is not more than Euro 10.000. If the monthly Net Revenue of your players exceeds Euro 10.000, you will receive an Affiliate Commission of 25% of the monthly Net Revenue.
Rakes for fraudulent or abusive games are excluded from the Net Revenue. The Commission is calculated solely on the Company's system's data. The Company is entitled to reject your choice of Payment Scheme. You can switch the selected Payment Scheme only with prior written consent of the Company.
Fraudulent Activities are defined as
Should the Company detect Fraudulent Activities by New Members marketed by you to the Company, or any other infringement of its Terms & Conditions concerning games in which New Members marketed to the Company by you have taken part in, the Company may - without prejudice to the following subsections and to any other sanctions stated in this agreement or under applicable law - recalculate your Affiliate Commission with regard to the suspected fraudulent activities or to the other suspected infringement of the Terms & Conditions.
If you notice any suspicious signs of fraudulent activity, fraud, collusion or any other form of manipulation (especially the use of artificial intelligence) regardless of who has committed them, you are obliged to immediately notify the Company by sending an email to (email address). Any infringement of this obligation may result in your being held liable for damages and/or your Commissions being declared void by the Company.
If you are caught deliberately committing, assisting, inciting or tolerating (i.e. without immediately notifying the Company) fraudulent activity or any other form of manipulating, cheating, committing collusion and/or (payment or other form of) fraud, using artificial intelligence, and/or attempting to do so, - in addition to the sanction stated above - your Account may be closed and your Commissions be withheld or cancelled, you may be held liable for damages and/or be prosecuted, and the Company is entitled to disclose your activities including your name and email-address to the public or to any other gambling site, bank, credit card companies and appropriate agencies.
The Company will track and report Player activity for purposes of calculating your Affiliate Commissions. The reports will generally be issued once a month indicating the number of New Members using your Bonus-Code and the amount due to you after deductions the Company may make.
The reports do constitute legally binding acknowledgements of the amount due to you on behalf of the Company, but render an information service for you. The Company may be held liable for the report.
Should you, however, disagree with a monthly report or the amount payable to you, you have to send a written notice to the Company within 30 days of your receiving the report. Otherwise, your right to dispute the report will be deemed waived.
The Commissions are due 15 days of the close of a calendar month once the Affiliate Account is activated, and will be paid into your Account with the Company. The Account shall not bear interest. The Company shall be entitled to set off any payments payable to you under this agreement - without prejudice to any other rights or remedies -, against any liability of you to the Company, including any claims the Company has against you resulting or arising from your breach of this Agreement.
All payments are due and payable within the following month. Charges due to the cash-out will be covered by you and deducted form your Affiliate Commissions.
The Company is eager to comply with your request of withdrawal as promptly as possible, usually within 24 hours. However, if the withdrawal does not exceed the minimum amount of Euro 300, the Company is entitled to refuse your request of withdrawal unless this agreement is terminated.
Notwithstanding the above said, the Company may withhold the requested amount of money in part or in total for a reasonable period of time to clarify whether or not the Account Balance is accurate. The Company may also withhold the requested amount of money in part or in total for security reasons, especially in case of suspicion of fraudulent activities or of any other case in which Commissions may be withheld or cancelled; the Company has the same right until the identity of any New Member is verified and in order to check that the New Members are not involved in fraudulent or any other abusive activities or have committed an infringement of their agreement with the Company. The Company is also entitled to withhold the requested amount of money in part or in total for a reasonable period of time if it has sufficient cause to suppose that you are liable for damages to the Company.
In addition to that, the Company may withhold and withdraw any amount of money when required to do so by the law (especially the tax laws) of the country governing the Account or the withdrawal or cash-out.
If, however, the Company fails to comply with your request within 72 hours without sufficient reason under the subsections above, you are entitled to charge the Company with Default interest according to applicable law.
Negative balances will be carried forward to the following month or deducted from other Affiliate Commissions, as appropriate.
The Company may at any time at its sole discretion modify its commission structure according to the procedure described under section 11.
The Company will, if need be, correspond to you by electronic mail. It will use the email address you handed in when registering, unless up-dated by you. You may also contact the Company by using the following email address: affiliate@xcitinggames.com. Any email will be deemed received 24 hours from the time of transmission at the latest.
This agreement will take effect once the completed Affiliate Registration Form, signed by you, has reached the Company. It will continue until terminated by either Party.
Either Party may terminate this agreement, with or without cause, at any time upon written notice which may also be sent by email.
This agreement will be deemed to be terminated if the Company does not deliver you the Bonus-Code within 10 days of receiving your registration form. Upon termination
The Company is entitled, but not obliged to de-activate the Bonus-Code upon termination of this agreement.
You understand that gambling laws may vary from city to city, state to state and country to country. You warrant
This agreement is void if it is illegal, in general or personally for you, to market the Company's services (including its website) under the law of the country that governs you. In this case, Commissions are void and forfeited.
The Company cannot and will not make any warranties whatsoever as to its affiliate program, its hardware, its software, its services in general. Above all, the Company does not warrant that the operations offered by the Company will be uninterrupted or error free or that they are compatible with your hardware. The Company does not represent or warrant the consistent application and/or success of any fraud prevention efforts.
The Company cannot and will not guarantee that its sites are free from infection by viruses or anything else that has contaminating or destructive properties. The Company's services are provided on an "As available", "with all faults" basis. The Company is not obliged to maintain redundant hardware, software and/or services in general.
The Company's employees, licensees, agents, consultants, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies are not authorized to make any such warranties on the Company's behalf.
The Company is only liable for damages, losses, costs, demands, claims and/or expenses
In addition to that, the Company is liable for breach of duty (including those duties referring to personal information), if caused by only simple negligence by the Company, its directors, officers, agents, employees, consultants, affiliates or subsidiaries, which is essential for this agreement and the breach of which will endanger the execution of this agreement (essential breach of contract). In this case the Company will be liable only for foreseeable damages; it will not be liable for lost profits, not for punitive damages, not for any consequential loss.
The Company's liability shall be limited to a total aggregate amount of € 20,000. Malfunctions of the software, bugs or viruses resulting in lost data or any other damage to your computer equipment or software shall not be deemed as an essential breach of contract.
Subject to the provisions and limitations mentioned above, the Company shall not be liable for any further damages.
The Company's directors, officers, agents, employees, consultants, affiliates, subsidiaries, distributors are only liable under the same conditions and to the same extent as the Company itself.
The obligations under this agreement do not constitute personal obligations of the persons mentioned in the former paragraph.
You agree to hold the Company, its directors, officers, distributors, agents, employees, consultants, vendors, licensees, licensors, affiliates and subsidiaries, advertising, promotion or other agencies or media partners harmless and will fully indemnify them against any and all costs, expenses, claims, demands, liabilities and damages whatsoever that may arise or result from your breach of this agreement.
There is no exclusivity, joint venture, partnership, employment, agency or franchise between the Parties to this agreement. Neither party has the authority to bind the other or to incur any obligations on the other's behalf.
This agreement is not exclusive. The Company is entitled to enter into similar (and therefore competitive) contracts with other persons. It may redirect traffic and users from the Company's site to any other at its sole discretion and without compensation to you.
As Affiliate Partner you may receive confidential information (i.e. marketing concepts). This information constitutes a proprietary trade secret. You are not entitled to disclose any of this information to third parties (unless expressly required by law) without the prior written consent of the Company. You may use this information only in order to fulfil your requirements under this agreement.
This obligation shall be continuous and shall not end when this agreement is terminated.
Any infringement of this subsection shall be deemed a serious breach of contract and will - without prejudice to further sanctions - result in your being held liable for damages, this agreement being terminated immediately by the Company and/or in your being prosecuted.
You may not issue press releases or any other communication to the public regarding the Company, its services, your Affiliate status and/or this agreement without prior written consent of the Company.
You may not assign this agreement and/or any rights or obligations hereunder without the prior written consent of the Company.
Your personal data may be disclosed to legal authorities if requested to do so or if it is deemed necessary in good faith by the Company to do so in order to-
This Agreement is drafted in English. In the case of any translation of this agreement, the English version shall prevail over the translated version.
This contract shall be exclusively governed by the laws of the Republic of Malta.
You irrevocably agree to submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Republic of Malta for the settlement of any claim, dispute or matter arising out of or concerning this Agreement or its enforceability, and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
The terms and conditions contained herein or referred to herein constitute the complete, final and exclusive agreement between you and the Company. No other - prevailing or complementary - agreement between the parties exists.
Should there be a conflict or discrepancy between this agreement and any condition referred to by this agreement, this agreement shall prevail unless expressly stated otherwise.
Should any provision of this agreement be or become void, this shall not affect the validity of the remaining provisions of the agreement which shall remain in full force and effect. The parties are obliged to fill the gap by an agreement which will have the effect most similar to the clause which is void.
Should there be a lacuna or missing part in this contract, the parties are obliged to complete it in utmost good faith in such manner as to reflect the true purposes of this agreement.
The Company is entitled to amend or modify any of the conditions and terms herein or referred to herein at any time without notice to you, at its sole discretion. The modification or amendment will come into effect 30 days after these modifications and/or amendments are either posted at the Company's website (address) (regardless of your personal knowledge) or emailed to the address indicated by you (whichever is earlier).
Modifications and amendments can only be made by the methods described above. That includes modifications and amendments to the methods in which modifications and amendments shall be made. It is your responsibility to visit the Website frequently enough to make sure that you are up to date with the latest version of the Agreement and its provisions.
If any amendment and/or amendment is unacceptable to you, you have to terminate this agreement before the amendment/modification has come into effect. Otherwise you will be deemed to have agreed to the modification/amendment.