1.General
1.1 This is an agreement (“The Affiliate Agreement”) between You (“You” or “Affiliate”) and Aposta N.V (“Company”, “Us”, “We” or “Affiliate Program”, whose principal place of business is situated at Groot Kwartierweg 10, Livestrong Building, Curacao. By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus, or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement. We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
1.2 The Company reserves the right to change these Terms and Conditions at any time. Should there be any material changes to the Affiliate Agreement, you will promptly be notified. In the event that, following any Change, you prefer not to remain involved in the program, the Termination clauses under section 10 (“Term and Termination”) shall apply
1.3 In the event of a breach of this clause or any other provision of this Agreement relating to trademark infringements or similar violations, the Company shall have the right to take all necessary actions to enforce its rights or defend its position in the applicable jurisdiction. You agree to fully and promptly comply with the Company’s requests in connection with such enforcement or defense efforts. Furthermore, any traffic or benefits derived from activities in violation of this Agreement will not be eligible for compensation or reward by the Company.
1.4 Definitions
1.4.1 “Affiliate” means You, the person or entity, who applies to participate in the Affiliate Program.
1.4.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by the Affiliate Program.
1.4.3 “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
1.4.4 “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
1.4.5 “Affiliate Links” refers to the tracking links used by the Affiliate to link from the Affiliate Website(s) or any other third-party website to our brand https://casino123.com.
1.4.6 “Affiliate Program” designed with the primary objective of compensating enrolled website owners who actively engage in the promotion of our brand and creates tracking links from the affiliate program to be placed on the affiliate’s website(s), subject to approval from the Company.
1.4.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement.
1.4.8 “Affiliate Website” means any website which is maintained, operated, or otherwise controlled by the Affiliate.
1.4.9 “Company” shall mean Aposta N.V and any other company within our group, including our parent companies, their parent companies and all the subsidiaries of these respective companies.
1.4.10 “Company Websites” means the website https://casino123.com or other such websites (including mirror websites) as may be added to this Affiliate Program.
1.4.11 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Depositing Customer (CPA structure) as set out in the Commission Structures.
1.4.12 “Commission Structures” means any specific reward structures expressly agreed between Company and the Affiliate.
1.4.13 “Confidential Information” means any information of commercial or essential value relating to Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Depositing Customers, other customers and users of Company Websites, marketing plans and manners of operation.
1.4.14 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature.
1.4.15 “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites’. This excludes the Affiliate, its employees, relatives, and friends.
1.4.17 “Parties” means Company and the Affiliate (each a “Party”).
1.4.18 “Personal Data” means any information relating to any person, whether individual or legal, that is or may be identified, directly or indirectly.
2. Responsibilities and Obligations of the Affiliate
2.1. As an Affiliate, you are responsible for promoting the Company by implementing content on your direct and indirect channels regarding any The Company brand/s.
2.2. You understand and accept that the promoting or soliciting of bets is subject to legal restrictions or prohibited in some countries whereas said restrictions may vary from time to time. Should the promoting or soliciting of bets be prohibited under the regulations of your country of domicile or be permissible only under certain preconditions which are not met, you understand and accept that you ought not enter into this Agreement and that such Agreement is subject to immediate termination should such promotion or solicitation occur.
2.3. You agree that you will not actively target, using The Company’s material, any jurisdiction where gambling and the promotion thereof is illegal, or such jurisdictions as may be advised by the Company from time to time.
2.4. You shall not participate in any fraudulent, disreputable, unethical or illegal activity, or partake in any activity which is not beneficial to The Company and the Program or that are not in the best interests of The Company, the Program or The Company’s End-Users.
3. Affiliation Guidelines
3.1 Registering as Affiliate
3.1.1 To join our Affiliate Program, you must agree to these terms and conditions by selecting the appropriate checkbox during the Affiliate Application process.
3.1.2The Affiliate Application will constitute an essential component of the Affiliate Agreement. Acceptance of an Affiliate Application is entirely at our discretion, and our decision is final, with no option for appeal.
3.2 Affiliate Websites
3.2.1. You will be solely responsible for its marketing activities (including but not limited to distribution, content and lawfulness of the same) and/or any other development, operation and maintenance of the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws.
3.2.2 Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing the sites, services or gaming in general to any persons who are less than 18 years of age (or such applicable age as may apply in the relevant jurisdiction), regardless of the age of majority in the location you are marketing.
3.3 Valid Traffic and Good Faith
3.3.1. Banners and links may not be placed within unsolicited e-mail/s, unauthorized newsgroup postings, or chat rooms or through the use of “bots”. Traffic generated illegally will not be counted towards any revenue generated by you.
3.3.2 If we determine that you are engaging in illegal or fraudulent activities, such as spamming or artificially inflating commissions, or if you present your site in a way that could confuse customers about the relationship between you and us, we reserve the right to immediately terminate this Agreement. You shall not make any claims, representations, or warranties in connection with The Company and you shall have no authority to and shall not bind The Company to any obligations
3.3.3.You will not knowingly benefit from known or suspected traffic not generated in good faith, irrespective of whether it causes actual or perceivable damage to The Company . Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time and immediately terminate the Affiliate account. Our decision in this regard will be final and we shall not be legally obliged to hold any preliminary discussions with you to this effect. In conjunction with this, we shall 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.
3.4. Tracking Links and Promotional Materials
3.4.1. Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote The Company. Advertorials and personal endorsements are allowed but all materials not designed by the Company need to be approved in writing; such approval shall not be unreasonably withheld by us.
3.4.2. You may not modify any The Company Content supplied by The Company without the written prior consent of The Company.
3.4.3 You may not modify or publish any Offline Tracking codes not supplied and approved by the Company
3.4.3. By agreeing to participate in the Affiliate Program, you are also agreeing to below
(i) the use of banners, text or promotional material placement of such on your site;
(ii) the utilization of any banners, text or promotional material within any e-mails;
(iii) the direct marketing (which shall also include printing) of any banners, text or promotional material using your Affiliate URL as provided from time to time by The Company.
The above-mentioned methods are ways by which you may advertise on The Company ‘s behalf.
3.5 Prohibited Activities
3.5.1 You shall not purchase or register domain names, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the marks or variations thereof.
3.5.2 Any use of Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in clause below.
3.6 Approval and Content Usage
3.6.1 You must obtain our prior written approval before using The Company content, and you are not allowed to modify its appearance or reference us in any promotional materials without our express written consent. The appearance and syntax of the hypertext transfer links are determined by us and serve as the sole authorized and permitted representation of the Website
3.7 Compliance and Legal Responsibility
3.7.1. The Affiliate will be solely responsible for its marketing activities (including but not limited to distribution, content and lawfulness of the same).
4. High Roller Policy
Under the Affiliate Program, the following High Roller Policy shall apply:
4.1 If an Active Customer, deemed to be a “High Roller” at the sole discretion of Aposta Affiliate Program, generates negative commissionable revenue in a given month, such negative revenue will be carried forward and offset against future commissionable revenue generated by the same High Roller until the negative balance is cleared.
4.2 The criteria for classifying an Active Customer as a High Roller are as follows:
(i) The Active Customer generates at least €10,000 in negative commissionable revenue (after tax) in a given month, and the aggregate commissionable revenue for that month (per Brand) associated with the Affiliate for that specific Active Customer is also negative.
(ii) If the above conditions are met, the High Roller’s negative commissionable revenue will be carried forward and offset against their future positive commissionable revenue.
(iii) The negative balance of a High Roller cannot be offset against positive commissionable revenue generated by other Active Customers.
(iv) Future positive commissionable revenue generated by the High Roller will reduce their negative balance in subsequent months.
(v) No negative carryover generated by a High Roller will be considered after six (6) months from the date of the event that classified the Active Customer as a High Roller.
(vi) The High Roller will be isolated from the general pool of players referred by the Affiliate, and their negative revenue will not impact the overall commission calculation for other Active Customers within the same calendar month.
5. Trademark Infringements
5.1 You acknowledge that the Company has registered trademarks in relation to the Brand(s) and The Affiliate agrees that You shall not infringe or threaten to infringe, or carry out any unauthorized use of the Brand, the Products, or any other Intellectual Property, particularly in relation to:
5.2 The use of domain names or brand names that are similar to the Brand and/or variations thereof or words that are confusingly similar.
5.3. Any bid made by You to any internet search engine or mobile application on keywords including but not limited to the following: casino123, casino 123, 123casino, casino123 bonus, bonus casino123, bonus casino 123, 123 casino , casino123 free spins, casino123 sportsbook, casino 123 welcome offer, https://casino123.com and/or variations thereof or words that are confusingly similar ; or
5.4. Brand bidding on Paid Search across any search engines, inclusive of any broad, exact match or misspellings on any of The Company’s trademarks, urls or brand names is strictly prohibited.
6. Limitations on URLs
6.1 The use of Brand/s names or any variation of these names or any use of any words that are confusingly similar, in Affiliate Links is restricted and prohibited. The Brand name may not be used in a derivative URL or subdomain. For example:
www.Yoursite.com/casino123.html – ALLOWED
casino123.Yoursite.com – NOT ALLOWED
http://www.YoursiteCasino123.com/ – NOT ALLOWED.
7.Commission & Payments
7.1 Only properly tagged & legitimate customers can be assigned to an Affiliate. Should an Affiliate tag be improperly inserted into the Affiliate site or not properly received by The Company, the resulting customer registration and purchases will not be assigned to the Affiliate. Therefore, it is the responsibility of the Affiliate to ensure that all links are properly tagged.
7.2 All affiliate earnings payments will be paid to your affiliate account designated in your affiliate sign-up form in the currency of our choice. Payment will be made by wire, Skrill or any other method as we in our sole discretion decide; however, we will use reasonable endeavors to accommodate your preferred payment method.
7.3 Payment shall be processed around the 15th of the following month in which the traffic was generated. If we suspect the terms and conditions have been breached or the occurrence of fraud traffic, the payment request may be held over for investigation up to 90 days and your account will be frozen until we can validate that there has been no breach of these terms and conditions.
7.4 The Company has a right to cancel the partner’s current deal and set a new deal unilaterally notifying the Partner one (1) business day in advance. Reasons of cancellation may include but not limited to:
a) Low quality traffic;
b) Low conversion that may lead to a negative balance.
7.5 You hereby recognize that after the cancellation of a current deal and setting of the one with unilateral notification one (1) business day beforehand all subsequent traffic that will be brought by the Affiliate (registrations, first deposits and subsequent deposits) will be paid under conditions of a new deal.
7.6 If there is a pending payment due to an Affiliate for a period of one (1) year or more as a result of incorrect payment details, missing payment details, invalid or no-longer-valid payment details and the Affiliate has not responded to all reasonable contact attempts made by the Company, the payment will be canceled
7.7 The minimum withdrawal amount per month is EUR 100. Any balance below this amount will not be eligible for withdrawal and will be carried forward to the next month until the minimum threshold is met
8. Revenue Sharing Payment Terms
8.1 If you are enrolled in the Program on a Revenue Sharing basis, the following terms apply (provided that no other terms were agreed upon):
8.2. The Company will pay out a monthly revenue share on the commissionable earnings generated by each customer referred by you, as defined by The Company.
8.3 Should a customer process a “Chargeback”, (a financial transaction reversal initiated by the issuing bank or financial institution of a credit, debit card or other payment method in response to a dispute filed by a cardholder or account holder) the disputed or charged-back amount plus any fees relating to the receipt and handling of the chargeback will be deducted from the total balance due to you for the current month. If this deduction of the accumulated revenue exceeds your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning revenue again.
8.4. Unless otherwise negotiated and agreed upon, the default revenue share arrangement outlined below shall apply.
| Net Casino Winnings | Reward % |
|---|---|
| €0 – €10,000 | 25% |
| €10,001 – €20,000 | 30% |
| €20,001 – €30,000 | 35% |
| €30,001 – €50,000 | 40% |
| €50,001 | 45% |
| Net Sports Winnings | Reward % |
| €0 – €10,000 | 20% |
| €10,001 – €20,000 | 25% |
| €20,001 – €30,000 | 30% |
| €30,001 + | 35% |
9. Cost-Per-Acquisition (CPA)
9.1 Duplicate accounts, self-excluded players and any accounts deemed to be fake accounts will be deducted from the CPA part of the Commission. This stipulation takes effect unless an alternative agreement was discussed with your affiliate manager beforehand.
9.2 In the case that an FTD cap was negotiated, then the partner commission will be paid only for the negotiated number of FTDs, unless discussed otherwise.
10. Termination
10.1 The term of this Affiliate Agreement shall commence upon your approval as an Affiliate and will remain in effect until either Party provides written notice of termination to the other. Termination will take effect 30 days after such notice is issued. For the purposes of termination notification, email delivery shall be considered a valid and immediate form of written notice.
10.2 The Company also reserves the right to terminate this Agreement with immediate effect within thirty (30) day notice if the Affiliate fails to fulfill their obligations under the Agreement or is found to have acted negligently.
10.2 In the event of termination of this Agreement for any reason, you will return to The Company any confidential information and/or customer information, and all copies of it in Your possession, custody and control and You will cease all use of any Intellectual Property, Licensed IP and of any Approved Marketing Material. You will take immediate steps to transfer ownership to Us of any derivative URL established by You, at a cost to Us not exceeding that incurred by You in registering the derivative URL, but not the costs incurred in developing the derivative URL.
11. Indemnity, Disclaimers and Limitation of Liability
11.1 Indemnity
Without prejudice to Our rights., You shall defend, indemnify, and hold The Company and Our electronic cash providers, suppliers, contractors, agents, 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:
-All Claims, damages, and expenses (including but not limited to, attorneys’ fees relating to the development, operation, maintenance, and contents of Your Site)
– Any breach by You of any warranty, representation, or provision contained in this Agreement;
– The performance of Your duties and obligations under this Agreement;
– Your negligence;
– Any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorized use of Our banners, copies and link or this Affiliate Programme
11.1.1 Any proceedings, penalties or sanctions imposed by the relevant authorities as well as any costs and expenses of legal representation, attorney’s fees incurred in relation to, arising out of or resulting from any breach or non-compliance, non-performance of this Agreement or any part thereof, or non-compliance with Applicable Law.
11.2 Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Programme, The Company or payment arrangements (including, without limitation, their functionality, warranties of fitness, product-ability, 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 Websites (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
12.3 Limitation of Liability
Your liability, whether under contract, tort or otherwise (including any liability for negligent act or omission), shall not be in any manner excluded or limited and shall include, without limitation, also any liability for any indirect and consequential damages incurred by The Company or the Brand/s including loss of profits, revenue, business, contracts, anticipated savings.
12.3.2 For the avoidance of doubt, you shall also be solely liable towards Us for breaches of this Agreement by Your Affiliate Networks or any sub-contractors or third parties You engage.
12.3 We will not be liable for any damages whatsoever, including direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Programme, even if We have been advised of the possibility of such damages.
12.4 Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, employees, representatives, consultants, agents or shareholders.
13. Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of Curaçao. The Parties agree that any disputes arising out of or in connection with this Agreement, including its validity, interpretation, execution, or termination, shall be resolved in accordance with the applicable gambling laws and regulations of Curaçao. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Curaçao.
