Terms & Conditions
Last revise: 2019-10-01
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between you the Affiliate (the “Affiliate” or “you”) and Rush Gaming Ltd. (“RG”) for Fansbet.com (the “Brand”); together referred to as the “Parties”.
1.1. In completing and submitting the Affiliate Sign-up Form, and; subsequently marketing and referring new Members to the Brand(s) of RG, the Affiliate agrees to be bound by all the terms and conditions set out in this Agreement as may be amended from time to time.
1.2. The Affiliate must provide true and complete information to RG within 30 days and maintain such information updated at all times; the information shall include but is not limited to, the Affiliate’s entity and/or incorporation documentation, contact information, payment instructions, nationality, residency, location and the nature of the Affiliate’s marketing activities, and any other information that RG may request.
1.3. On Affiliate’s acceptance of this Agreement by completing and submitting the Sign-up Form, RG will automatically become your counter-party to this Agreement. Provided that RG
reserves the right to terminate this agreement with immediate effect upon verifying and evaluating the information referred to in clause 1.2.
2. Marketing Code and Rules (“the Code”)
2.1. Any marketing activities conducted by the Affiliate for RG must be in accordance with this Agreement and you acknowledge RG’s right to terminate, change, modify and-/or withdraw any type of marketing activity if in RG’s reasonable opinion the marketing activity does not comply with the Code, any applicable law, any guidelines, instructions and/or requirements issued by RG, and/or the terms and conditions within this Agreement. If the situation is not rectified to RG’s reasonable satisfaction within the given time period, RG shall be entitled to terminate this Agreement without further notice.
2.2. The Code shall not be seen or understood as an exhaustive set of rules and the Affiliate is also obliged to market the Brand(s) diligently in compliance with any other set of rules, applicable laws and guidelines, requirements and/or instructions which are applicable to the specific marketing situation.
2.3. The Affiliate shall not publish, advertise and/or promote in any manner whatsoever, through any channel, medium and/or activities anything that: -i) – encourages anyone to contravene any law; or ii) – targets individuals under the legal gambling age; or iii) – shows individuals under the legal gambling age participating in gambling activities; or iv) – promotes false or untruthful chances of winning or the expected return to an individual; or v) – suggests that skill can influence games that are purely games of chance; or vi) – promotes smoking and/or the abuse of the consumption of alcohol while gambling; or vii) – promotes gambling as a matter related to social acceptance, personal or financial success or the resolution of any economic, social or personal problems; or viii) – contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success; or ix) – exceeds the limits of decency; or x) – encourages individuals to chase their losses or re-invest their winnings.
2.4. The Affiliate shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place, secure and assure that the Affiliate has obtained the permission to use such material from the owner of the intellectual property and/or the individual and shall not use such material in the absence of the permission being granted.
2.5. If the Affiliate organizes events and/or participates as sponsor and/or participates in similar events organized by third parties, the Affiliate shall ensure that the event/s is/are in compliance with all relevant applicable laws and that all the necessary applicable permits and/or approvals required for the event, are obtained by the Affiliate and/or third party organizer.
2.6. The Affiliate shall consult with RG before the launch of any marketing activity if in any doubt about such marketing activity.
2.7. The Affiliate may market to and refer potential members to the Brand(s) at the Affiliate’s own expense. The Affiliate will be solely responsible for the costs arising from the preparation of content and Affiliate’s marketing activities and RG will not be responsible for any such costs.
2.8. The Affiliate is only allowed to advertise the Brand(s) through approved marketing activities. The use of spam e-mails or advertising on adult web sites is not permitted. The Affiliate shall not attempt to recruit members through any chat service offered by RG or other providers on the Brand(s) and/or other websites offered within the range of software providers used by the Brand(s). If the Affiliate breaches this provision, RG reserves the right to terminate the Agreement and close the Affiliate’s account with immediate effect and withhold all earnings and remaining funds on account(s).
2.9. In the event that the Affiliate desires to offer certain incentives to potential new Members, beside the bonuses linked to the Affiliate’s sign-up codes, the Affiliate is required to request an approval from RG
prior to offering such incentives. In the event that the Affiliate does not receive such approval and proceeds with offering such incentives, RG reserves the right to terminate the Agreement with immediate effect, close the Affiliate’s account, cancel the Affiliate’s participation in the program, and withhold all earnings and remaining funds on account(s).
2.10. The Affiliates are not allowed to place digital ads on websites providing unauthorized access to copyrighted content when advertising on behalf of RG. If the Affiliate breaches this provision, RG reserves the right to terminate the Agreement with immediate effect, close the Affiliate’s account, cancel the Affiliate’s participation in the program, and withhold all earnings and remaining funds on account(s).
2.11. The Affiliate shall, at all times, comply with all advertising legislation and guidelines, as may be amended from time to time, in the markets you operate in for the term of this Agreement. This includes, but it not limited to,:
• Malta: http://www.mga.org.mt/wp-content/uploads/Remote-Gaming-Regulations-438.04_English-version.pdf and any directives issued thereunder
The Affiliate acknowledges that RG’s Brand(s) are licensed by the UK Gambling Commission, amongst other regulators, and any advertising for our Brand(s) which is either: (i) intended to come to the attention of persons in Great Britain; or (ii) likely to come to the attention of such persons, you will ensure that such advertising is socially responsible and complies with the Licence Conditions and Codes of Practice (LCCP), UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) and UK Code of Broadcasting Advertising (BCAP Code). If you are in breach of these obligations, we shall have the right to terminate this Agreement and you will be liable for any damages which RG may incur as a result of any such breach.
3. Affiliate Commission
3.1. The Affiliate will be paid a Net Revenue share percentage agreed upon with the affiliate manager.
3.2. The Net Revenue (applying to all products) is defined as:
Bets –Wins – 30% admin fee* – Paid bonuses** – 21% Great Britain tax*** – Jackpot contribution – Chargebacks
*Included in the admin fees are license fee, game provider fee, payment fees and platform fee
**Paid Bonuses that are wagered through and ready to be paid out to the customer
***On players from the Great Britain we deduct 21% from Gross Revenue in taxes
3.3. CPA (Cost Per Acquisition) and Hybrid (CPA + Net Revenue share)
RG may sign a CPA or Hybrid deal with the Affiliate, in order to reach a qualifying CPA the Player need to meet certain criteria that are agreed upon between RG and the Affiliate.
3.4 A new depositing Player that blocks himself because of responsible gaming reasons, within the same calendar month as they trigger a CPA, may be excluded from the CPA or Hybrid deal. In that case the Revenue share part of the Hybrid deal will remain and for flat CPA affiliates Net Revenue share deal will be what has been agreed between the affiliate and the affiliate manager.
3.5 A new depositing Player that triggers a CPA 6 month, or later, after signing up may be excluded from the CPA or Hybrid deal. In that case the Net Revenue share part of the Hybrid deal will remain and for CPA affiliates a Net Revenue share deal will be what has been agreed between the affiliate and the affiliate manager.
3.5 A new depositing Player that triggers a CPA 6 month, or later, after signing up may be excluded from the CPA or Hybrid deal. In that case the Net Revenue share part of the Hybrid deal will remain and for CPA affiliates a flat 25% Net Revenue share deal will be applied.
4.1. All New Members that use an Affiliate unique tracking code will automatically be tagged to the Affiliate.
4.2. A “New Member” is defined as a new user that opens a new user account and who has no prior account with the Brand(s) and RG has no previous record of such person’s email address, or other details that RG deems to show connection between accounts. If the beneficial owners of the Affiliate or their relatives become New Members, the Affiliate will not be eligible to receive the relevant commission for such persons and would be required to refund RG for any commissions it may have received for any such New Members.
The measurements and calculations in relation to the number of New Members and the relevant Net Revenue figures shall be established solely by RG and the systems available to RG and these shall be considered as final and binding.
4.3. RG will track and report Member activity for purposes of calculating the Affiliate’s Affiliate Commission. The Affiliate will be provided with a web interface allowing it to follow Member’s activity. Normally all the relevant data will be updated at least daily.
5.1. Commissions are processed no later than the 20th day of each calendar month. Affiliates can withdraw their commission via Bank Transfers, Skrill or Neteller. Minimum pay is €100. In the event that the commission is lower than €100 the balance will be carried over and added to the next payment batch to be paid as soon as the amount has reached €100 or more. It is the Affiliate’s sole responsibility to provide RG with the correct payment details and to keep such details updated.
RG reserves the right to withhold payouts if investigations regarding fraud or abuse need to be conducted before the commission can be determined.
5.2. If paid Charge Backs exceed the Net Revenue, the Net Losses will be carried forward to the next month.
5.3. If the Affiliate disagrees with the monthly settlement report or the amount payable, no payment for such amount should be accepted and if the funds have already been transferred they should be reverted back to RG. Furthermore, a written notice of the disputed amount should immediately be sent to RG and such a dispute notice must be received by RG within sixty (60) days from the end of the period for which payment was due. Failure by the Affiliate to comply with this provision shall result in the Affiliate’s right to dispute such report or payment being deemed as waived.
5.4. The Affiliate bears the sole responsibility to report revenues and pay taxes applicable to it (if any) to any authorities. The Affiliate hereby agrees and acknowledges that RG has no responsibility whatsoever in this regard.
5.5. Negative earnings will not be carried over from month to month. If you have generated negative revenues for a month, they will be zeroed for the subsequent month. Excluded from the “no negative carry over” are clause 5.2; and individual players who won more than €10,000 in a single month and where the aggregate net revenue for that affiliate, within the same month, is negative €2000 or more. RG may enforce negative carry-over on affected player/s where we place them in quarantine until they become positive. Progressive wins do not fall into this category as this pay-out is taken from a progressive funds pool.
6. Term and Termination
6.1. This Agreement will take effect from when the Affiliate completes and submits the Affiliate Sign-up Form and will continue until terminated by either Party.
6.2. This Agreement is not limited in time and is valid for as long as both Parties fulfill their obligations and neither of the Parties has terminated the Agreement.
6.3. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Notice shall be given thirty (30) days prior to termination of the Agreement. Such notice shall be made in writing and can be sent via fax or e-mail.
6.4. If this Agreement is terminated, the Affiliate shall immediately remove all links, marks and logos, and any other reference to RG and this Agreement, from the Affiliate’s website.
6.5. If the Agreement is terminated for any reason other than those regulated in clauses 1.3, 6.6 and/or 6.7, RG will continue to pay commission for six (6) months after the date of termination for all earnings generated by existing Members who signed up before the effective date of termination.
6.6. If the Affiliate terminates this Agreement, RG will pay all commissions due at date of termination and shall have no obligation to make any further payments of commissions to the Affiliate.
6.7. Without prejudice to any other provisions of this Agreement, in the event that RG determines, in its reasonable discretion, that the Affiliate has materially violated this Agreement, RG may in its sole discretion terminate this Agreement with immediate effect, close the Affiliate’s account and confiscate all the Affiliate’s commissions and remaining funds in the Affiliate’s account(s), and cancel the Affiliate’s participation in the program.
7. Rights and Obligations
7.1. Members tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of the Brand(s) change, the obligations under this Agreement shall be honored by the new owners.
7.2. RG reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given either after this Agreement has been updated by RG or written notice is given to the Affiliate.
7.3. This Agreement and the rights and obligations hereunder may not be assigned by the Affiliate without RG’s prior written consent.
7.4 All information, including but not limited to e-mail addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. Confidential information shall not be used for the Affiliate’s own commercial or other purposes, nor communicated to any third party for any reason whatsoever.
8.1. RG does not guarantee that the system, network, software or hardware will be error free or operated without disturbances.
8.2. RG’s obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of RG or any related company or partner. Any liability arising under this Agreement will be limited to and satisfied solely from the revenues generated hereunder. RG’s liability is limited to direct damages, and in no event will RG be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind.
8.3. The Affiliate acknowledges that it has read this Agreement and agrees to all its terms and conditions.
9.1. The Affiliate shall not provide or offer credit to a member in any way.
9.2. The Affiliate has no right or authority to assume or to create any contractual obligation or responsibility for and on behalf of RG.
9.3. RG reserves the right to modify any of the terms of this Agreement at any time, in its sole discretion, by either E-mailing you a change notice or by posting the new version of the Agreement on the Brand(s) website(s). It is the Affiliate’s responsibility to visit the Brand(s) frequently to make sure the Affiliate is up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to the Affiliate, the only recourse is to terminate this Agreement. The Affiliate’s continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.
9.4. All notices pertaining to this Agreement shall be given to RG in writing including by email. Notices to the Affiliate will be sent to the email address provided in the Affiliate Account.
9.5. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of Malta. The products and services offered on Fansbet.com are licensed under the gaming licenses of Viral Interactive Limited and Viral Technology N.V.
BY SUBMITTING THIS SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.