ReferCasino Affiliate Program (from herein after "SO Affiliates") is in the business of providing, marketing, and promoting online casino services (the "Service"), operated via an Internet web site located at http://www.refercasino.com (the "Site").
The Referral Company or person (from herein after "Referral Company/Affiliate") desires to obtain from SO Affiliates, and SO Affiliates agrees to grant the Referral Company/Affiliate, the non-exclusive right and license to advertise, market and promote the Service. By completing the Affiliate Application to ReferCasino Affiliate Program (the "Affiliate Program") and clicking "Submit" on the form, the Referral Company/Affiliate, hereby agree to abide by all the terms and conditions set out in this Agreement and this inclusive of the different Commission Structures applicable to the different products.
SO Affiliates shall reimburse the Referral Company/Affiliate for these promotional services, in accordance with the following terms and conditions:
1. Grant of Promotion and Distribution License (to change with article 1)
1.1. SO Affiliates grants the Referral Company/Affiliate the non-exclusive, non-transferable right and license to advertise, market and promote the Service ("Promotion Rights"), in accordance with the terms and conditions hereof. SO Affiliates shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in writing (email) whether the Membership Form is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
1.2 Qualifying Conditions
The Referral Company/Affiliate hereby warrants that:
a) He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.
b) He/She is competent and duly authorized to enter into binding Agreements for the Referral company/Affiliate and/or the Website.
c) He/She is the proprietor of all rights, licenses and permits to market promote and advertise the services of SO affiliates in accordance with the provision of this Agreement.
d) He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of SO Affiliates.
e) He/She fully understands and accepts the terms and conditions of the Agreement.
2. Obligations of SO Affiliates
2.1. SO Affiliates shall retain the right to provide the Service in any form SO Affiliates deems appropriate; and retains the right to change or cancel any part of the Service, at any time and in any manner SO Affiliates deems appropriate, without prior notice to the Referral Company. However, any strategic change of policy towards Referral such as cancel any part of the Service at any time shall be made with prior notice to the Referral Company/Affiliate.
2.2 Notwithstanding the terms of these Terms and Conditions, SO Affiliates shall not be held responsible or liable for any loss of income, or loss of the ability to produce income, incurred by the Referral Company/Affiliate; even if such losses should arise from the inability of SO Affiliates to deliver the Services stipulated in these Terms and Conditions for any reason whatsoever, whether SO Affiliates is at fault or whether a third party is at fault.
2.3 SO Affiliates reserves the right to modify these Terms and Conditions at any moment.
2.4 SO Affiliates shall provide the Affiliate with all information necessary and marketing material for the implementation of the link.
2.5 SO Affiliates shall administrate the turnover generated via the 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.
2.6 SO Affiliates shall pay the Affiliate the amount due depending on the traffic generated subject to the terms and conditions of this Agreement.
2.7 The Referral Company/Affiliate will not generate traffic to SO Affiliate partners, by illegal or fraudulent activity, particularly but not limited to by:
a. Sending spam.
b. Incorrect metatags.
c. 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.
2.8 Without prejudice to the Marketing Material as may be forwarded by the Company and/or made available online through the website http://www.refercasino.com/ the Referral Company/Affiliate may not use SO Affiliates partners or other terms, trademarks and other intellectual property rights that are vested in the the Company unless the Company consents to such use in writing.
3. Obligations of the Referral Company
3.1. The Referral Company shall employ its best efforts to actively and effectively advertise market and promote the Service as widely as possible so as to maximize the benefit to the Referral Company and to SO Affiliates.
3.2. The Referral Company/Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law, and which reflect positively upon the business reputation of SO Affiliates. In particular, the Referral Company agrees to market the Service in a manner that is consistent with the content and style of the Service. In connection therewith, SO Affiliates shall have the right to review and approve (approval shall not be unreasonably withheld) the manner and methods of advertising, marketing and promotion used by the Referral Company/Affiliate in connection with the Service.
3.3. Notwithstanding the approval by SO Affiliates given in accordance with section 3.2 of these Terms and Conditions, SO Affiliates shall under no circumstances be held liable for-and the Referral Company/Affiliate shall indemnify, defend and hold SO Affiliates harmless against-any and all claims asserted against SO Affiliates by reason of the Referral Company- marketing and promotional efforts.
The Referral Company shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of the Service; including without limitation, all costs directly related to marketing.
3.4. Multiple Accounts: You are only entitled to set up one (1) Affiliate membership account ("Account") with each casino, represented by SO Affiliates. You may use your Account in connection with as many domains and/or websites you own or otherwise have the right to use. SO Affiliates reserves the right to allow an Affiliate to maintain multiple accounts on a case to case basis.
3.5. The Terms & Conditions are subject to change at anytime and it is the responsibility of the Referral Company to be aware of the latest rules and regulations as applicable to their commissions and payments.
4.1. The Referral Company's compensation is calculated based on the Program (CPA, REVENUE SHARING, FIRST POST-UP or OVERALL DEPOSITS) as set forth in the following table.
4.1.1. REVENUE SHARING (Standard commission structure)
In this program we share the profit made from customer Net Losses with our affiliates.
|Profit Sharing Program|
|Earn from||25% to 45% of net losses|
4.1.2 CPA Model (available after negotiation)
In this program we pay our affiliates based on each depositing player. Please get in touch to discuss this opportunity, full terms and conditions of the CPA Model are available upon request.
We welcome all affiliates no matter their country of origin. However, due to the potential for fraud that our CPA model opens up, management reserves the right to restrict CPA as a compensation method based on the affiliate's country of residence. People from certain countries or regions, may have their CPA model switched to Rev-Share upon sign up. People from these regions may also experience difficulty receiving checks, as they are frequently stolen. Other methods of payment are recommended for anyone living in these countries.
4.2. "Net Loss/Net Losses" - shall mean, for any given calendar month, the total amount of the referred Customers losses in the client's websites less the players winnings, less bonuses paid to customers by the clients and less any customer Chargebacks and less balances of the banned players accrued.
4.3. The 2-tier model: Sub-Affiliate is defined as a new registered affiliate that has been directed to the program by a currently active affiliate. When you refer affiliates to SO Affiliates, you will earn 5% of their Net Profit. (Net Profit = Casino Profit - Bonus given - Chargebacks).
4.4. Negative balance: SO Affiliates reserves the right to review all Negative Balances on a case to case basis for determination of pay amounts. SO Affiliates also reserves the right to withhold partial or complete payments in cases of Fraudulent Player Actions, Chargebacks, and other specific instances, where intervention is required.
4.5. SO Affiliates shall pay the Referral Company/Affiliate each month for services rendered during the preceding calendar month.
Payment shall be made prior to the 15th working day of the following month. If the amount of compensation for one month is less than US $100, the amount shall be made available in the succeeding month (when the accumulated amount is greater than US $100).
4.6. SO Affiliates shall have the right to withhold any and all payments to the Referral Company/Affiliate if the Referral Company/Affiliate is in breach of these Terms and Conditions.
4.7. In cases where an affiliate is also a player, SO Affiliates reserves the right not to pay an affiliate for their personal losses.
4.8. SO Affiliates may reverse any commission paid to referral Company/Affiliate, and subtract said commission from future payments to you, if SO Affiliates receives a charge back on a transaction from any customer referred by the Referral Company.
4.9. We have and reserve the right to pass on any Fraud Costs and Bank Fees incurred to your account.
4.10. SO Affiliates reserves the right to change the Terms & Conditions at any time, for any reason.
5. Term of Duration and Cancellation
5.1. SO Affiliates has the right to cancel the Promotion Rights with immediate effect if with the Referral Company/Affiliate is in material breach of these Terms and Conditions. Such breach includes, but is not limited to, situations when the Referral Company/Affiliate engages in advertising, marketing, distribution and promotional efforts that would impair SO Affiliates goodwill and business reputation, or would expose SO Affiliates to legal liability.
5.2. Upon the cancellation of the Promotion Rights, the Referral Company/Affiliate shall immediately return to SO Affiliates any and all materials, over which SO Affiliates has a proprietary right, that are in the Referral Company/Affiliate possession and/or in the possession of the Referral Company/Affiliate agents, servants and employees. The Referral Company shall also immediately remove any hyperlinks and materials, over which SO Affiliates has a proprietary right, from the Referral Company/Affiliate web site and/or the web sites of the Referral Company/Affiliate agents.
5.3. If the Promotion Rights are cancelled, and the Referral Company/Affiliate is not in default of these Terms and Conditions, the Referral Company/Affiliate shall have the right to continue to receive a Referral Percentage on referred Users who continues to utilize the Service after being referred to the Service by the Referral Company/Affiliate during and up to four months from the day of the cancellation.
5.4. Users that utilize SO Affiliates facilities and services and all information relating to such Users shall remain the property of SO Affiliates at all times.
5.5 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.
5.6 The Contracting Parties hereby agree that on termination of this Agreement
a. All rights and licenses granted to the Referral Company/Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Referral Company/Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company
b. The Referral Company/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 Referral Company/Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Referral Company/Affiliate will not be eligible to earn or receive commissions after this date.
c. If this Agreement is terminated by the Company on the basis of the Referral Company/Affiliate's breach, the Company shall be entitled to withhold the Referral Company/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 referral Company/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.
d. The Referral Company/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.
e. The Referral Company/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 Referral Company/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 referral Company/Affiliate's obligation of Confidentiality towards the Company and SO Affiliates shall survive the termination of this Agreement.
6. Account Statements
6.1. All payments due to the Referral Company/Affiliates shall be made on or before the 15th working day of each following month, and will reflect payment for services rendered the previous month. Statements may be adjusted by SO Affiliates from time to time to reflect overpayments, player charge backs and/or credits or underpayments to consumers by SO Affiliates.
6.2. The Referral Company/Affiliate shall have the facility to monitor the Referral Percentage and the payments in real time using an online monitoring system at a secure web site.
6.3. Should the Referral Company/Affiliates dispute a payment received, the Referral Company/Affiliate has 60 days from the date of receiving said payment/s within which to lodge a claim or to challenge the amount paid. Should there be no objection raised within this period then the amount tendered will be regarded as accepted and no further claim/s will be entertained.
7. Exclusivity, Non-Competition and Ownership of Service name
7.1. The Referral Company/Affiliate agrees, understands and acknowledges that SO Affiliates may enter into Agreements of this type with third parties to promote the Service or a similar version thereof.
7.2. The Referral Company/Affiliate has not paid consideration for the use of the trademarks, logos, copyrights, trade names, or designations belonging to SO Affiliates, and nothing contained in these Terms and Conditions shall give the Referral Company/Affiliates any right, title or interest in or to any of them.
7.3. The Referral Company/Affiliate acknowledges that SO Affiliates own and retain all copyrights and other proprietary rights, as well as any software supplied by SO Affiliates, in all of the foregoing. The Referral Company/Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, service mark or logo belonging or licensed to SO Affiliates, or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright.
7.4. Without limiting the generality of the foregoing terms, the Referral Company/Affiliate shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of SO Affiliates. The Referral Company/Affiliate shall not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Referral Company/Affiliate name, or any name under which the Referral Company/Affiliate conducts business. The Referral Company/Affiliate shall not affix a trademark, logo or trade name of SO Affiliates to any non-SO Affiliates product. The Referral Company/Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by SO Affiliates.
8. Confidentiality and Non-Disclosure
The Referral Company/Affiliate and SO Affiliates each agree that each may have access to, and become acquainted with, Confidential Information of the other. The Referral Company/Affiliate and SO Affiliates each specifically agree not to misuse, misappropriate or disclose any such Confidential Information, directly or indirectly, to any third party.
9. Representations, Warranties and Indemnity
9.1. The Referral Company/Affiliate warrants, represents and covenants to SO Affiliates that it has all necessary rights, licenses, permissions and business permits; and will comply with all applicable laws, rules and regulations in connection with promoting the Service to Users.
10.1 The referral Company Affiliate agrees to defend, indemnify and hold the Company and SO Affiliates 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:
a) Any breach of Affiliate's representations, warranties or covenants under this Agreement.
b) Affiliate's use (or misuse) of the marketing materials.
c) All conduct and activities occurring under Affiliate's user ID and password.
d) Any defamatory, libelous or illegal material contained within Affiliate Site or Affiliate's information and data.
e) Any claim or contention that Affiliate Site or 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.
f) Third party access or use of Affiliate Site or Affiliate's information and data.
g) Any claim related to Affiliate Site.
h) Any violation of this Agreement.
11.1 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 ineffective 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.
12.1 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 and/or SO Affiliates 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 nor indirectly unless the prior explicit and written consent of the Company and/or SO Affiliates has been obtained. This provision shall survive the termination of this Agreement.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the law of the Republic of Costa Rica. If any provision of this Agreement as applied to any party or to any circumstance should be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the invalidity of that provision shall in no way affect (to the maximum extent permissible by law) the application of such provision under circumstances different from those adjudicated by the court, the application of any other provision of this Agreement, or the enforceability or invalidity of this Agreement as a whole. Should any provision of this Agreement become or be deemed invalid, illegal or unenforceable in any jurisdiction by reason of the scope, extent or duration of its coverage, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken and the remainder of this Agreement shall continue in full force and effect.
14. Commission Structures
New Affiliates start with a 30% Revenue Share that will be increased to a 35% Revenue Share after bringing 50 depositors or more. This percentage is increased to a 40% once affiliate brings 200 depositors or more.
|Total Depositors||Revenue Share Percentage|
|Up to 50||30%|
|50+ up to 200||35%|
The potential to earn 40% for the lifetime of a player allows you to make the most from month to month with the added value of a "no negative balance carryover". At the end of each month, if your net revenue is negative we'll wipe that clean and start fresh next month.
ReferCasino Affiliate Program offers a CPA affiliate commission structure. We are happy to discuss and review CPA deals with affiliates who can deliver regular players on a daily basis and who have at least 3 months of constant activity. Please contact our affiliate manager if this is something that you may be interested in. Please keep in mind that all new account activations are Revenue Share by default.
This is considered a 2-Tier model (Multi-Tier Program) that works by increasing the actual affiliate network. This one is defined as a new registered affiliate that has been directed to the program by a currently active affiliate. When you refer affiliates to ReferCasino Affiliates, you will earn 5% of their Net Profit. (Net Profit = Casino Profit - Bonus given - Charge backs).
To cap it all off, we're more than happy to give you a little extra for referring other affiliates. Any earning affiliates that you refer, that earn money with our program will net you 5% of their earnings.
The more affiliates and players you refer the more cash you earn.
Terms & Conditions revised on November 17th, 2008.
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