This is an agreement (“The Agreement”) between you (“you” or “Affiliate”) and https://www.pokiepartners.com (“Pokie Partners”,”Company”, “us” or “we”).
By creating an account with Pokie Partners and registering for the Affiliate Program, and by using or accessing any of our marketing tools or by accepting any commission, bonus or reward, whether contained in the Agreement or anywhere else as a part of the Pokie Partners Affiliate Program, you will be deemed to have read, understood and agreed to the Agreement.
We may make changes to this Agreement periodically. Pokie Partners will make a reasonable effort to notify you of any changes, but we still recommend that you revisit this page regularly in order to stay up to date on the Agreement. Your continued use of the Pokie Partners Affiliate Program is considered your consent to the Agreement in its most recent form.
1. DEFINITIONS AND INTERPRETATION
1.1 “Affiliate” refers to you, the person or company (entity), who applied to and participates in the Affiliate Program.
1.2 “Affiliate Account” refers to the account set up with Pokie Partners after an Application is made by any Affiliate to take part in our Affiliate Program and approved by Pokie Partners.
1.3 “Agreement” refers to (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structure applicable to the various products and brands offered with Pokie Partners, and (iii) any other rules or guidelines of Pokie Partners and/or Partner Websites made known to the Affiliate.
1.4 “Application” refers to the application made by the Affiliate to participate in the Pokie Partners Affiliate Program.
1.5 “Affiliate Links” refers to hyperlinks (internet links) used by the Affiliate to link from the Affiliate Website(s) or any other any third-party website to Pokie Partners Websites (Brands).
1.6 “Affiliate Program” refers to the partnership between Pokie Partners and the Affiliate whereby the Affiliate send web-traffic to Pokie Partner’s websites and generates Affiliate Links to route said traffic from the Affiliate Website(s) to Pokie Partner’s websites. The Affiliate is paid a commission for these services depending on the generated traffic to the Company’s websites, subject to terms within this Agreement and to the applicable product-specific Commission Structure.
1.7 “Affiliate Wallet” refers to an online wallet in the name of the Affiliate into which Pokie Partners pays the commission and any other funds or payments due to the Affiliate, which the Affiliate can request to be withdrawn in accordance with the Agreement;
1.8 “Affiliate Website” refers to any website which is operated, maintained or otherwise controlled by the Affiliate.
1.9 “Company Websites” refers to the website www.pokiepartners.com or other such websites (including Brands and mirror sites) that can be added to the Pokie Partners Affiliate Program at our discretion.
1.10 “Commission” refers to the percentage of Net Revenue, or, depending on the commission structure specific to the Affiliate, a fixed value earned for a New Player/Depositor (CPA structure) as defined in the Commission Structures.
1.11 “Commission Structures” refers to any specific reward structures expressly agreed between Pokie Partners and the Affiliate.
1.12 “Confidential Information” refers to any information of value (commercial or essential) relating to Pokie Partners 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 Players, other customers and users of Pokie Partners Websites, marketing plans and manners of operation.
1.14 “Net Revenue” or “NGR” refers to all money received by Pokie Partners from New Players as placed bets, less (a) winnings returned to New Players, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks. For the avoidance of doubt, all Net Revenue amounts mentioned above are only related to New Players referred to Company Websites by the Affiliate Website(s).
1.15 “New Player” refers to a new, first-time customer of the Company who made a first deposit amounting to at least the allowed minimum deposit at Pokie Partners Websites’ player account, in accordance with the applicable terms and conditions of Pokie Partners Brands. This excludes the Affiliate, its employees, relatives and friends.
1.16 “Parties” refers to Pokie Partners and the Affiliate (each a “Party”).
1.17 “Personal Data” refers to any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
2. AFFILIATE OBLIGATIONS
2.1 Registering as Affiliate
To become a member of the Pokie Partners Affiliate Program you must accept these terms and conditions by ticking the respective box while submitting the Application. The Application is an integral part of the Agreement.
Pokie Partners will, at our sole discretion, determine whether to approve an Application and our decision is final with no right of appeal. Pokie Partners will notify you by email as to whether your Application has been approved.
You must provide any documentation requested/required by Pokie Partners to verify the Application and to verify the Affiliate Account information any time it is requested during the term of the Agreement. This documentation can include but is not limited to: bank statements, individual or corporate identity papers and proof of address.
It is the sole obligation of the Affiliate to ensure that any information provided to us with when registering with the Pokie Partners Affiliate Program is correct and that the information is kept up to date at all times.
2.2 Affiliate Login Details
It is the sole obligation and responsibility of the Affiliate to ensure that login details for the Affiliate Account are always kept confidential and secure.
Any unauthorised use of your Affiliate Account that is the direct result of your failure to guard your login information shall be solely your responsibility, and the Affiliate will remain solely liable for any activity occurring in regard to your Affiliate Account, user ID and password, no matter if such activity was undertaken by you (the Affiliate) or not. It is the obligation of the Affiliate to inform us if they suspect illegal or unauthorised use of the Affiliate Account.
2.3 Affiliate Program Participation
The Pokie Partners Affiliate Program is intended for the direct participation of the person(s) creating the Affiliate Account. Creating an Affiliate Account for a third party, brokering, or transferring an Affiliate Account is strictly prohibited. Any Affiliate wishing to transfer an account to another beneficiary/owner must contact Pokie Partners in order request permission. In addition, no Affiliate shall open more than one Affiliate Account without the express written consent of Pokie Partners.
By agreeing to participate in the Pokie Partners Affiliate Program, you agree to actively promote, market and advertise the Pokie Partners Brands (Brands) to the best of your abilities, in accordance with the Agreement. This may include following instructions, tips, and suggestions made Pokie Partners from time to time. You will ensure that all activities taken by you under the Agreement will be in Pokie Partners’ best interest and will not harm the Pokie Partners reputation or goodwill in any way.
You may link to the Pokie Partners Brands using the Affiliate Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf.
2.4 Affiliate Website
The Affiliate is solely responsible for the development, operation and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. It is the responsibility of the Affiliate to ensure that the Affiliate Website is compliant with all applicable laws, including General Data Protection Regulation (GDPR), and functions as an honest and professional website.
The Affiliate will not present the Affiliate Website in a way that it may cause confusion with the Pokie Partners Websites, or so that it may give the impression that it is owned or operated by Pokie Partners.
The Affiliate Website will not contain any discriminatory, defamatory, libellous or otherwise unsuitable content (including but not limited to: violent, obscene, derogatory or pornographic materials or content which is illegal in the target country).
2.5 Valid Traffic and Good Faith
The Affiliate will not generate traffic to Pokie Partners Websites by impersonation a New Player (directly or indirectly). This includes using associates, family members or other third parties to create accounts on the Affiliates behalf. This is considered fraud.
The Affiliate will not attempt to benefit/earn commission from traffic not generated in good faith. If the Affiliate has any suspicion (within reason) that any New Player referred to Pokie Partners’ Brand(s) is in any way involved in to fraud, money laundering, bonus abuse, or any other tactic meant to take advantage of or “cheat” remote gaming websites, the Affiliate must immediately notify Pokie Partners.
The Affiliate recognises that any New Player found to be involved in fraud, money laundering, or bonus abuse or who is involved in any form of affiliate fraud (whether Pokie Partners was tipped off by the Affiliate or we discovered the issue on our own) does not count as a valid New Player under the Agreement, and thereby no Commission shall be payable in relation to such New Players.
2.6 Unsuitable Websites
The Affiliate will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of Pokie Partners, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.
2.7 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website.
The Affiliate will only use Affiliate Links provided by Pokie Partners within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to Pokie Partners’ Websites/Brands) is prohibited.
2.8 Use of Company Intellectual Property Rights
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 the clause below.
The Affiliate will not register domain names, as well as search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other referral service which are identical to any of the Pokie Partners’ trademarks or otherwise include the Pokie Partners’ trademarks.
2.9 Approved Marketing Materials
The Affiliate will not use any advertising layout or creative (including banners, images, logos) incorporating our Intellectual Property Rights unless the advertising layout or creative was provided to you by Pokie Partners or (if advertising layouts are created by you) without the express written approval of Pokie Partners. The Affiliate will not modify the appearance of any advertising that has been provided to them or for which approval was already granted by Pokie Partners.
It is the responsibility of the Affiliate to seek approval from Pokie Partners prior to the launch of any advertising campaign or creative, to ensure that Affiliate has written approval from Pokie Partners in relation to the advertising campaign, and in order to be able to provide evidence of that approval upon request.
2.10 Loyalty Programs
You will not offer any cash-back/value-back or similar reward programs, other than the programs that are offered on the Websites of Pokie Partners and our Brands.
2.11 Responsible Gaming
Pokie Partners is committed to responsible gambling and the prevention of gambling addiction. The Affiliate agrees to actively cooperate with us to convey a responsible gambling message. Specifically, the Affiliate will not use any material or in any way target persons who are under 18 or below the legal gambling age in their jurisdiction.
2.13 Data Protection and Cookies
The Affiliate shall always comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations or law applicable in the Affiliate’s territory. This includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
2.14 Cost and Expense
The Affiliate shall be solely responsible for all risk, costs and expenses incurred by the Affiliate in meeting the obligations under the Agreement.
2.15 Company Monitoring of Affiliate Activity
The Affiliate will give Pokie Partners any assistance required and provide us with all information as requested by Pokie Partners to monitor Affiliate activity under the Affiliate Program.
2.16 Commissions Paid Incorrectly
Upon request by Pokie Partners, the Affiliate agrees to immediately return all Commissions received based on New Players referred to Pokie Partners in breach of the Agreement or relating to fraudulent or falsified transactions.
3. AFFILIATE RIGHTS
3.1 Right to Direct New Players
Pokie Partners grants the Affiliate the non-exclusive, non-assignable, right, during the term of this Agreement, to direct New Players to such Pokie Partners Websites as have been agreed with the Affiliate in strict accordance with the terms of this Agreement. The Affiliate shall have no claim to Commission or other compensation on business secured by persons or entities other than the Affiliate.
3.2 Licence to Use Company Intellectual Property Rights
Pokie Partners grants the Affiliate a non-exclusive, non-transferable licence, during the term of this Agreement, to use the Pokie Partners Intellectual Property Rights for the purpose of promoting/advertising Pokie Partners Websites/Brands. This licence cannot be sub-licensed, assigned or otherwise transferred by the Affiliate.
3.3 Players’ Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of Pokie Partners’ customers (whether that customer was referred to Pokie Partners and/or our Websites/Brands or not).
4. POKIE PARTNERS OBLIGATIONS
4.1 Pokie Partners shall provide you with all materials and information required for necessary implementation of the Affiliate Links (within reason and to the best of our ability).
4.2 Pokie Partners will register any New Players directed to the Pokie Partners Websites by you at our sole discretion and we will track their transactions. Pokie Partners reserves the right to refuse any New Player (or to close their account) for any reason and at any time.
4.3 Pokie Partners shall make monitoring tools available which will enable the Affiliate to monitor their Affiliate Account and the level of their Commission and the payment of Commission earned.
4.4 Pokie Partners shall use and process the following personal data of an Affiliate or any Affiliate employee, as follows: the Affiliates username for logging in, email address, name, date of birth, country and physical address, telephone number and financial data.
5. COMPANY RIGHTS AND REMEDIES
In the case of breach (or suspected breach in rare cases) of this Agreement or negligence in Affiliate performance under the Affiliate Program, or failure to meet obligations hereunder, Pokie Partners reserves the right to:
a) suspend your Affiliate Account in order to investigate any activities that may be in breach of the Agreement. During any suspension period payment of Commissions will also be suspended;
b) withhold any Commission or any other payment to the Affiliate arising from or relating to any campaign, traffic, content or activity conducted by (or created by) the Affiliate which is in breach of the Affiliate’s obligations under the Agreement;
c) withhold from the Commission earnings which Pokie Partners deems reasonable to cover any indemnity or damages caused by the Affiliate or to cover any liability of Pokie Partners which arises as a direct result of the Affiliate’s breach of the Agreement;
d) immediately terminate the Agreement;
e) withhold earnings held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Agreement in accordance with clause 9.1.
Pokie Partners’ rights as defined above are not mutually exclusive.
6. FEES AND TAXES
6.1 Subject to an Affiliates adherence to the terms of the Agreement, the Affiliate will earn Commission in accordance with the Commission Structure assigned to their Affiliate Account. Pokie Partners reserves the right to change the Commission percentage and method of calculation of Commission in accordance with this clause.
6.2 Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, no later than the 15th of the following calendar month.
6.3 Payment of Commission will be made through our Affiliate Wallet. Due to existing regulations, Affiliates may be required for verification and KYC (know your customer) documentation before a payment can be processed.
6.4 A minimum amount of ˆ100 may be withdrawn from the Affiliate Wallet at one time. ^ represents your currency of choice.
6.5 If an error is made in the calculation of the Commission, the Pokie Partners has the right to correct the calculation at any time and will immediately pay any amount underpaid or reclaim any amount overpaid to the Affiliate.
6.6 The Affiliate may, at the Pokie Partners’ discretion, be provided with the opportunity to change/restructure their commission structure.
6.7 The Affiliate’s acceptance of a Commission payment shall constitute the settlement of the balance due for the period in question. In case the Affiliate disagrees with the balance due as reported, the Affiliate must notify Pokie Partners within fourteen (10) business days and clearly state any reason for the disagreement. Failure to notify Pokie Partners within this timeframe will be considered as an irrevocable acknowledgment of the balance due for the period in question.
6.8 The Affiliate is responsible to pay all taxes, levies, charges and/or any other amount payable or due to any local tax authority, department or other entity as a result of the compensation generated under the Agreement.
7. CONFIDENTIAL INFORMATION
During the term of the Agreement, the Affiliate may be entrusted with confidential information relating to the Pokie Partner business, operation, or underlying technology and/or the Affiliate Program.
The Affiliate agrees that he/she will not disclose or participate in the unauthorised use of any confidential information to third persons or outside parties without the express written consent of Pokie Partners prior to any such use. The Affiliate also agrees that he/she will use any confidential information shared only for the purposes of the Agreement. The Affiliates obligation regarding this clause will extend beyond the termination of this Agreement.
In addition to this, the Affiliate may not issue any press release or similar type of communication to the public in regard to their participation in the Affiliate Program without prior written consent of Pokie Partners (with the approval of the “exact content” required by Pokie Partners).
8. TERM AND TERMINATION
The term of the Agreement will begin when you are approved as a Pokie Partners Affiliate and will continue indefinitely unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. The Agreement will be terminated 30 days after such notice is given. For the purpose of termination, delivery via e-mail is considered a written and immediate form of notification.
Pokie Partners always reserves the right to terminate (in accordance with Clause 5 above) with no notice and at any time if the Affiliate fails to meet their obligations under the Agreement or is otherwise negligent.
8.2 Affiliate Actions upon Termination
Upon termination the Affiliate must immediately remove all Pokie Partners’ banners or creatives from the Affiliate Website and remove and disable all Affiliate Links from the Affiliate Website to all Pokie Partners Websites.
All rights and licenses given to the Affiliate in the Agreement are considered terminated immediately.
The Affiliate will return to Pokie Partners any confidential information and all copies of it in their possession and control and will cease all use of Pokie Partners Intellectual Property Rights.
Upon termination of the Agreement, all Commission relating to any New Players directed to Pokie Partners during the term shall not be payable to the Affiliate effective immediately starting on the date of termination.
9. USE OF PLAYER ACCOUNT
Pokie Partners makes no express or implied warranties or representations regarding the Affiliate Program, about Pokier Partners or the Commission payment arrangements (including but not limited to functionality, warranties, legality or non-infringement). Pokie Partners makes no representation that the operation of our sites will be error-free or uninterrupted and is not liable for the consequences if there are any errors or interruptions. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Pokie Partners database, the database shall be deemed accurate.
9.2 Indemnity and Limitation of Liability
You shall indemnify and not hold Pokie Partners, our directors, employees and representatives liable for and/or against any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you (the Affiliate) of any provision of the Agreement, (b) the performance of your duties and obligations under the Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts of omission, or the unauthorised use of our marketing materials and links for this Affiliate Program.
Pokie Partners shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), or any loss of goodwill or reputation arising in connection with the Agreement or the Pokie Partners Affiliate Program, even if Pokie Partners has been advised of the possibility of such damages.
Our failure to enforce your strict performance of any provision of the Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement.
9.4 Relationship of Parties
Pokie Partners and the Affiliate are independent contractors and nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between these two parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of Pokie Partners. The Affiliate will not make any statement, whether on their website or otherwise, that would contradict anything in this Agreement.
9.5 Force Majeure
Neither party (Pokie Partners or the Affiliate) shall be liable to the other for any delay or failure to perform its obligations under the Agreement if any delay or failure arises from a cause beyond either parties reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Agreement with immediate effect by providing a written notice.
You may not assign the Agreement, by operation of law or otherwise, without our prior written consent.
If any provision of the 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 the Agreement or any provision hereof.
9.8 Modification of Terms & Conditions
Pokie Partners may modify any of the terms and conditions contained in this Agreement or replace them at any time by posting a change notice or a new agreement on our website. Modifications may include changes in the scope of available Commissions and Affiliate Program rules, for example.
If any modification is unacceptable to the Affiliate, the Affiliate must terminate the Agreement. The Affiliates continued participation in the Pokie Partners Affiliate Program following any change notice or new agreement will be considered a binding acceptance of the modification or of the new agreement.