Terms and Conditions

Last updated: 14th September, 2024

SISU PARTNERS – Affiliate Terms and Conditions

IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AS AN AFFILIATE.

THE FOLLOWING IS AN AGREEMENT BETWEEN YOU AND EVENING TIGER N.V. (REFERRED TO BELOW AS “EVENING TIGER N.V.”, “US” OR “WE”), AND YOU (“YOU”), WHICH CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO ALL MEMBERS OF THE SISU PARTNER PROGRAMME (“AGREEMENT”).

BY SUBMITTING THE ONLINE APPLICATION, AND BY REFERRING USERS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. Definitions

Admin Fee: A financial charge applied to Affiliates encompassing a comprehensive deduction from NGR. The deduction percentages differ for each Brand. For ReSpin, the fee is 15%, subdivided into 12% for provider fees, which cover the costs associated with game and software providers, and an additional 3% designated for marketing expenses, security measures, and general administrative costs. For Epicbet, the fee is 20%, subdivided into 12% for provider fees, 5% deposit and withdrawal fees and 3% marketing costs, security measures, administrative costs.

Affiliate: An individual or entity that partners with EVENING TIGER N.V. to promote services of any and all companies associated with one or more of the Brands and earn Commissions for driving traffic and players by following terms and conditions of this Agreement.

Affiliate Account: An account provided to an Affiliate where they can monitor their earnings, performance, and access marketing materials.

Affiliate Application: the application documents submitted by the Affiliate or a potential Affiliate to participate in the Affiliate Programme.

Affiliate Networks: Third-party platforms or services that connect the Company with Sub-Affiliates for the purpose of promoting Brands or Websites.

Affiliate Programme: The affiliate programme operated by EVENING TIGER N.V. under the programme name ‘SISU PARTNERS’ whereby the Affiliate promotes one or more of the Brands via the AffiliateTracking Links.

Affiliate Tracking Links: Unique Links used by Affiliates to track the traffic and player registrations they refer.

Agreement: These terms and conditions which are a legally binding contract of the arrangement between an Affiliate and EVENING TIGER N.V., as well as the Affiliate Application.

Applicable Gambling VAT & Taxes: The value-added tax (VAT) and other taxes imposed on gambling activities by regulatory authorities or governmental bodies in accordance with relevant laws and regulations. These taxes are levied on various aspects of gambling, including wagering, winnings, and gaming revenue, and are subject to the specific tax laws of each jurisdiction.

Applicable Law: The legal regulations and statutes whether they are local, national, international or otherwise, existing from time to time, ensuring compliance of driving traffic with relevant laws.

Approved Domains: Websites that have been authorized or vetted by the Company for promoting Our Brands.

Balance Carried Over: The positive or negative account balance of an Affiliate at the end of a specific period, which may affect future Commissions.

Bonus Costs: Expenses incurred by the Company in providing various player incentives, including Welcome Bonuses, Reload Bonuses, Free Spins, Loyalty Programme, and Promotional Bonuses.

Brand or Brands: The identity and reputation of ‘ReSpin’ and/or ‘Epicbet’, as applicable, brands belonging to, marketed and operated by EVENING TIGER N.V. and/or any of the Group Companies, including their names, logos, and images in the market, as well as any other brands belonging to, marketed and operated by EVENING TIGER N.V. and/or any of the Group Companies as may be applicable, if any.

Commission: The financial compensation earned by Affiliates for referring players to the Company’s Website.

Company: EVENING TIGER N.V., a company registered under the laws of Curaçao, having its address situated at Groot Kwartierweg 10, Curaçao, and bearing company registration number 165812.

Confidential Information: any information concerning the Company and any Group Company linked to: (a) its finances and financial data; (b) its business transactions and dealings, including prospective business transactions and dealings; (c) its agreements and contracts; (d) its business plans, expansion and other plans and intentions, operational models, sales and marketing information, market and business opportunities and strategies, marketing surveys, research and development projects; (e) names, addresses, contact details and other information about its customers or clients or potential customers or clients or suppliers or potential suppliers, licensors, licensees, agents, distributors and other contractors and the terms on which any of the aforementioned persons do business or cooperate with the Company or any Group Company; (f) its existing and planned products, services, commission structures and models (including discounts, special prices or special contract terms offered to or agreed with customers); (g) its technology or methodology associated with concepts, products and services and the techniques and processes used for development of concepts, products and services, any other know-how, methods, processes, techniques and technical data; (h) its computer systems, source codes and software, including software and technical information necessary for the development, maintenance or operation of websites; (i) its current and prospective Intellectual Property Rights; (j) its directors, employees, consultants and advisors (including salaries, bonuses, incentive schemes, commissions and other terms on which such persons are employed or engaged); (k) its shareholders; (l) resolutions and contents of meetings of any of its governing bodies; (m) information concerning or provided to third parties, in respect of which the Company or a Group Company owes a duty of confidence; and (n) any other information relating to the Company or any Group Company that the Affiliate receives in connection with the performance of this Agreement (x) that is marked, or at the time of disclosure is otherwise designated, as being confidential or (y) that would be regarded as confidential or commercially sensitive by a reasonable business person, irrespective of whether it is marked confidential or identified or treated by the Company or a Group Company as being confidential. The term Confidential Information shall not, however, include information that: (a) is already in, or becomes available to the general public other than the Affiliate’s or third party’s unauthorised disclosure; (b) is explicitly approved for disclosure by the Company in a form reproducible in writing; or (c) the Affiliate is required to disclose by law or by any court order.

CPA Deal: A Commission Cost-Per-Acquisition structure where Affiliates receive a fixed payment for each player they refer who meets specific criteria, such as making a deposit.

Data Protection Law: Regulations governing the collection and use of personal data to protect data subjects’ privacy.

Fees: Charges or costs that Affiliates may incur for various services or transactions within the Affiliate Programme.

First-Time Depositor (FTD): A player who makes their initial deposit on the Company’s Website.

Fraud: Illegitimate or deceptive activities that harm Brand, including but not limited to, bonus abuse, chargebacks, cheating, referred player holding multiple accounts, dropping or stuffing cookies.

Gross Gaming Revenue (GGR): The total revenue generated before deducting bonus costs, but less player winnings and operational costs.

Group Company: The relevant company forming part of the same group of companies as EVENING TIGER N.V.

Hybrid Deal: A Commission structure that combines different payment models, such as CPA and revenue share.

Intellectual Property Rights: all intellectual and industrial property rights and similar rights of whatever nature anywhere in the world whether currently existing or coming into existence at some future time and all rights pertaining thereto, whether recorded or registered in any manner or otherwise, including (but not limited to) any copyrights and related rights, industrial design rights and other design rights, registered designs, patents, utility models, inventions (whether or not patentable), trademarks, service marks, database and software rights, topography rights, trade secrets, know-how, confidential information, business names, trade names, brand names, domain names and all other legal rights anywhere in the world protecting such intangible property including, where applicable, all renewals, extensions and applications for registration and the right to sue for damages for past and current infringement in respect of any of the same.

Jackpot Contribution: The portion of wagers or profits allocated to a jackpot prize pool in various gambling games or activities. This contribution may come from a percentage of each wager placed by players, a portion of gaming revenue, or other specified sources. The jackpot contribution helps to fund the prize pool, allowing it to grow over time until it is won by a lucky player.

Master Affiliate: An Affiliate who successfully redirects Sub-Affiliates to a Website.

Net Gaming Revenue (NGR): The revenue left after subtracting bonus costs from the Gross Gaming Revenue.

New Customer: A player who creates an account with the relevant Website belonging to the Company for the first time.

Provider Fees: Charges or costs incurred by gambling operators or platform providers for utilizing the services of third-party game or software providers. These fees may include licensing fees, royalties, or other charges associated with accessing and integrating games, software, or other services provided by external vendors into the gambling platform.

Real Money Bets: Wagers made using actual currency on the outcome of specific activities in sports or casinos. These bets involve placing real money on odds, offering players the chance to win or lose tangible currency based on the outcome of the event.

Real Money Wins: Actual currency won as a result of successful wagers placed on various activities in sports or casinos. These wins represent tangible profits earned from real money bets, providing players with the opportunity to cash out or continue their gambling endeavors with their winnings.

Referred Player: New Customer who has been directed to a Website by an Affiliate.

Revenue Share Deal: A Commission structure where Affiliates receive a percentage of the Net Gaming Revenue generated by the players they refer.

Spam: Unsolicited and often irrelevant messages sent via email or other means to promote iGaming services, considered unethical and, possibly, illegal.

Streamer: Affiliate or other person who opts to stream videographic materials in pursuance of the goals of the Affiliate Program, or in pursuance to an ad hoc arrangement with the Company, in promoting Brands and Websites while leveraging video content as a primary means of engagement. Streamer utilizes live streaming or pre-recorded videos on platforms such as Twitch, YouTube, or similar platforms to showcase and endorse Brands and Websites to their audience.

Sub-Affiliates: Affiliates who are referred by Master Affiliate to the Affiliate Programme.

Website: The site www.respin.com, www.epicbet.com and/or any other site owned or managed by the relevant Group Company authorized to provide gaming services, and any additional sites that may be introduced by Us periodically.

We/Us/Our: The Company and all related Brands.

You/Your/Yours: You in Your capacity as an Affiliate, and any Sub-Affiliates which You may engage pursuant to this Agreement.

2. Affiliate Rights and Obligations

2.1. Registration. To join Our Affiliate Programme, You need to agree to these terms and conditions by checking the corresponding box when You submit Your Affiliate Application. The Affiliate Application is an essential part of the Agreement, since this is the only method by which You may advertise on Our behalf.

We will make the final decision on whether to accept Your Affiliate Application at Our discretion, and this decision is conclusive and not open to appeal. We will inform You via email about the status of Your Affiliate Application.

It is Your sole responsibility to ensure that the information You provide Us during the Affiliate Programme registration process is accurate and remains current at all times.

2.2. Login details. You are solely responsible for maintaining the confidentiality and security of Your Affiliate Account login credentials at all times.

2.3. Tracking Links. By participating in the Affiliate Programme, You commit to actively promoting the Websites in line with the Agreement and the Company’s provided instructions, ensuring that all Your actions are in the best interests of the Company and do not harm its reputation or goodwill. You are authorized to link to the Websites using the approved Affiliate Links or other materials We may endorse, which is the exclusive method for advertising on Our behalf.

2.4. Cookie duration. New Customers who arrive at a Website through the Affiliate Tracking Link must complete their registration within thirty (30) days for Your Affiliate Account to be associated with them. If, during this initial thirty-day period, the New Customer clicks on an Affiliate Tracking Link from another website not under Your control or returns to the Website through a different source-coded advertising link, Your Affiliate Tracking Link will be overwritten, and You will not earn a Commission for that New Customer’s account. It’s important to note that You are not permitted to make any modifications or alterations to the Affiliate Tracking Link or the associated cookies. Any tracking or reporting errors resulting from such changes are not the responsibility of the Company.

2.5. Restricted Marketing Activities. Your Affiliate Application may be declined or an existing Affiliate Account may be terminated if We determine that Your website is not suitable for Our Affiliate Programme. This includes, but is not limited to, situations where Your site:

Promotes explicit sexual content
Advocates violence
Encourages discrimination based on factors such as race, gender, religion, nationality, disability, sexual orientation, or age
Supports illegal activities
Contains materials that infringe upon or assist others in infringing upon copyright, trademark, or other intellectual property rights, or violates the law
Promotes Affiliate Tracking Links or Brand content targeted at or likely to appeal to individuals under the age of 18 years (or the legal betting and gaming age)
Is otherwise unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable at Our sole discretion
Engages in activities or contains content that could damage Our reputation or goodwill
Promotes “get-rich-quick” schemes with no real business value
Utilizes popups, popunders, or engages in cookie dropping. This includes popups, popunders, and the placement of customer cookies. If You plan pop-up ad campaigns and Your media sources or websites are free from libelous, discriminatory, obscene, or unlawful material, pre-approval from the Company is mandatory
Violates any other terms or conditions outlined herein
Attempts to create a website, either explicitly or implicitly, resembling Our site or leading customers to believe You are affiliated with the Company or any other related Brand, including but not limited to:

www.Yoursite.com/respin.html – ALLOWED
ReSpin.Yoursite.com – NOT ALLOWED
SisuPartners.Yoursite.com – NOT ALLOWED
SisuGroup.Yoursite.com – NOT ALLOWED
http://www.YoursiteReSpin.com/ – NOT ALLOWED
http://www.YoursiteSisuGroup.com/ – NOT ALLOWED
www.Yoursite.com/epicbet.html – ALLOWED
Epicbet.Yoursite.com – NOT ALLOWED
http://www.YoursiteEpicbet.com/ – NOT ALLOWED.

Engages in website scraping of Our own Websites and/or Brands, which is strictly prohibited.

2.6. Keywords usage. Affiliates are explicitly prohibited from utilizing the Company and Brands’ branded keywords on various online platforms, including but not limited to Facebook and other paid advertising channels. This restriction is in place to prevent conflicts with the ongoing marketing initiatives of the Company. Any breach of this rule may result in the immediate termination of the Your Affiliate Account, and the Company reserves the right to take further legal action if deemed necessary.

2.7. Compliance. You shall comply with all advertising guidelines and legislation in the relevant markets for the term of this Agreement. Every Affiliate must maintain and prominently display a privacy policy on any website participating in the Programme. This policy should clearly and comprehensively outline the collection and utilization of consumer information. It is essential that the privacy policy provides accurate disclosure regarding the use of third-party technology, cookies, and the available options for opting out of cookie usage. The privacy policy and Data Protection mechanisms in place must adhere to all relevant data privacy and protection regulations applicable in the countries where the Affiliate conducts business, which may include but is not limited to regulations like the EU Privacy Shield and GDPR. The Company retains the right to periodically review Your privacy policy. Failure to have a privacy policy in place may lead to termination from the Programme.

2.8. Marketing Assets. As an Affiliate Programme member, You will have access to Our dashboard panel, which provides access to Your performance data, marketing assets (such as links and banners), and the ability to update Your contact and payment information. You are prohibited from using any advertising layouts or creative materials that feature Our Intellectual Property Rights, including banners, images, and logos, unless such materials were directly provided to You by the Company or, in the case of advertising layouts created by You, without obtaining prior written approval from the Company. You must not alter the appearance of any advertising materials that were either supplied to You or for which You received approval.

It is Your responsibility to obtain timely approval from the Company before launching any advertising campaign or creative, and You must be able to furnish evidence of such approval upon request. You are solely responsible for ensuring that the use of the provided and approved marketing materials strictly adheres to the specifications, obligations, and limitations outlined in these Terms and Conditions, as well as any relevant legal requirements. The Company retains the right to instruct You to remove any use of marketing materials that it deems non-compliant with this Agreement or Applicable Law.

2.9. Restricted Territories. You will not target individuals within jurisdictions or territories where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. Among others as may be communicated by the Company from time to time, Affiliate is explicitly prohibited from promoting the Websites on websites or domain names ending in “.nl” for Dutch, “.fi” for Finnish, and “.no” for Norwegian which are associated with Dutch, Finnish and Norwegian themes. Marketing materials related to the Websites should not be featured on websites in the Dutch, Finnish or Norwegian language, and any references to Dutch, Finnish or Norwegian themes, like clogs and windmills, country flags, or bonuses that may particularly appeal to Dutch, Finnish or Norwegian nationals due to their names or associated rewards, are not allowed. Prior written approval from the Company is required for the Affiliate to use specific domains to promote and market the Websites. Any additions, removals, or changes to the Approved Domains should be formally requested in writing by the Affiliate through an email to their Affiliate Account manager.

2.10. Sub-Affiliates. Sub-Affiliate deals are agreed to by the Company only on a case-by-case basis and at the Company’s absolute discretion. A Sub-Affiliate refers to an Affiliate brought to the Company through Your efforts and who meets the same eligibility criteria as a standard Affiliate. All Sub-Affiliates meeting these criteria will be associated with Your Affiliate account, making You the Master Affiliate with respect to those Sub-Affiliates, as long as the Sub-Affiliate(s) registers using one of Your Sub-Affiliate referral links. You may receive a percentage of the Commission paid to the Sub-Affiliate subject to You and the Company agreeing to such and provided that the percentage of the Commission paid to the Sub-Affiliate which is to be paid to You is recorded through the Affiliate Programme.

2.11. Affiliate Dormancy. An Affiliate will be deemed dormant if they fail to get at least one (1) FTD for a continuous period of three (3) calendar months. When an Affiliate is classified as dormant, their revenue share Commission structure will be modified to a fixed revenue share rate of 5% from the active players they had previously referred. This rate will remain in effect until the Affiliate regains activity for two (2) consecutive months bringing at least one (1) FTD each month.

2.12. Affiliate Inactivity. An Affiliate will be deemed inactive if, for a continuous period of six (6) months, they fail to generate any FTDs. In the event of Affiliate inactivity we reserve the right to terminate the Affiliate Agreement. Upon termination due to inactivity, the Affiliate will not be eligible for any upcoming or pending Commission payments, and no further Commissions will be earned or paid after the effective termination date.

2.13. Tax responsibilities. Affiliates must comply with all relevant tax laws and regulations applicable to them. It is the Affiliate’s responsibility to ensure proper tax compliance and to report and remit the correct amounts to the appropriate tax authorities.

2.14. Warranties. You warrant that You will abide by the Agreement; You will not violate any laws or regulations when performing the Agreement and/or participate in the Affiliate Programme; abide by all laws of taxation applicable to You and fulfill Your compliance obligations with the said laws, with respect to the Commission or other applicable due received from the Company whether in cash or in kind; You are a person of good repute; You are not the subject of any sanctions; and You have no convictions that would render You unfit to participate in the Affiliate Programme.

2.15. Confidentiality. Affiliates must maintain strict confidentiality on any ad-hoc deals negotiated with the Company. Any information negotiated and discussed with the Company on a case-by-case basis shall be considered Confidential Information. Affiliates shall not disclose any Confidential Information without the Company’s prior written consent.

3. Company Rights and Obligations

3.1. Obligations. We will provide You with monitoring tools to track Your Affiliate Account, Commission levels, and payment status. Your Commission payments will be made in accordance with Clause 4, as long as You strictly adhere to the terms of the Affiliate Agreement.

3.2. Rights. In the event of Your breach or suspected breach of this Agreement, negligence in Affiliate Programme performance, or failure to meet Your obligations, the Company has several available remedies:

The right to suspend Your participation in the Affiliate Programme while investigating any potential breaches. Commissions will also be suspended during this suspension period.
The right to withhold Commission or any other payments related to specific campaigns, traffic, content, or activities that violate Your obligations under the Affiliate Agreement.
The right to withhold an amount from the Commission, reasonably determined by the Company, to cover indemnities provided by You or to address any liability incurred by the Company due to Your breach of the Affiliate Agreement.
Immediate termination of the Affiliate Agreement.
The right to withhold funds held in the Affiliate Wallet if not withdrawn within three (3) months from the date of the Affiliate Agreement termination, as specified in Clause 10.1.
The right to request documents required to run background checks where desired, at the Company’s sole and unfettered discretion.
These rights and remedies are not mutually exclusive and may be employed as needed.

In any case, the Company reserves the right to withhold any payment of Commissions until a background check is satisfactorily concluded, should it decide, at its discretion, to carry out such check.

4. Commission and Payment

4.1. New Customers. The Commission is calculated from the revenue generated by New Customers. These “New Customers” refer to individuals who are customers of the Company, have never held an account with the Company, and access the Website by clicking the Affiliate Tracking Links on the Affiliate’s sites. They must then complete proper registration and make real money transfers equal to or exceeding the minimum deposit required for their Website account.

4.2. Calculations. The Commission granted by the Company to the Affiliate will be calculated as a percentage share of the Net Gaming Revenue generated from the New Customers referred through an Affiliate Tracking Link. Net Gaming Revenue is the revenue generated from New Customer’s real money bets less real money won during that same calendar month less any applicable taxes, bonus costs, jackpot contributions and other administrative costs. The dynamic Revenue Share Deal model is the default option for every newly registered Affiliate. Profit share is calculated as follows:

NGR = Real Money Bets – Real Money Wins – Bonus Costs – (deposits + payouts) * X% – 15% Admin Fee – Applicable Gambling VAT & Taxes** – Fraud costs (bonus abuse, chargebacks) – Jackpot Contribution***.

Where Admin Fee includes: 
12% Provider Fees 
3% marketing costs, security measures, administrative costs

Where X%: 
1% Crypto 
2% EMTA licence FIAT payments 
5% Curacao licence FIAT payments

**Applicable Gambling VAT & Taxes: 6% (only applicable in certain cases) 
***Jackpot Contribution applied for casino product only

Without prejudice to any other rights which the Company may have, if a Referred Player’s account is linked to any fraud (whether suspected or proven) or any other breach of the terms and conditions applicable to the Referred Player when using the relevant Website, the Company reserves the right to take into account such behavior and to carry out any correction and/or deductions as may be necessary to an Affiliate’s Commission linked to such Referred Player.

4.2.1 Building NGRs

When a Commission arrangement includes both sports and casino products, the NGRs for these products will be aggregated. At the end of each month, if the NGR for sports is negative but the NGR for the casino is positive, the total NGR will be determined by combining the two, thereby offsetting any negative NGR from sports with the positive NGR from the casino.

However, this aggregation does not apply across Brands. If an Affiliate promotes both ReSpin and Epicbet under the same account, the NGRs for ReSpin and Epicbet will be calculated independently. Each Brand’s results will remain separate and will not be combined for the purpose of calculating Commissions.

4.3. Other Commission models. There are also CPA and Hybrid models available on request. Please, note that all the conditions are individual and can be rejected by Us by giving a prior notice within the 24 hours before switching back to the default Revenue Share Deal.

4.4. CPA Deals. Under any CPA Deal (which shall only apply if agreed to by the Company on a case-by-case basis), You will receive a predetermined amount for each Referred Player, as agreed with the Affiliate. There shall be no revenue share component under this model. We reserve the right to change the CPA Deal at any time without notice. Unless agreed otherwise between the Parties in writing, the first fifty (50) Referred Players under the CPA Deal are to be seen as a test phase in which We will assess the quality of the Referred Players. After the test phase has been completed, We shall, at Our sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts, based on the results obtained in the testing phase.

4.5. Hybrid Deals. Under any Hybrid Deal (which shall only apply if agreed to by the Company on a case-by-case basis), Your payment will contain elements of both a Revenue Share Deal and a CPA Deal, based on the models outlined above. For the avoidance of doubt, the terms applicable to Revenue Share Deals as outlined in Clause 4.2. and the terms applicable to the CPA Deals as outlined in Clause 4.5. shall also apply to Hybrid Deals.

4.6. Negative balance. If the balance is negative due to the Referred Player’s performance on games the balance shall not be carried over to the next month but set to zero.

4.7. High-Rollers. In the event that a Referred Player has obtained a cumulative win of €25,000 or more on any of the Company’s Websites in any given calendar month, such Customer shall be deemed a High-Roller. When calculating the Commission due linked to a Referred Player that becomes a High-Roller, where such Commission earned from an Affiliate in relation to a High-Roller(s) is a negative amount in any given calendar month, We shall have the right to carry forward such negative amounts which shall be applicable to and set-off against any future Commission payable to the Affiliate in relation to the High-Roller(s) until the negative balance has been fully set off against future positive Commission.

4.8. Commission period. Subject to the provisions of Section 2, the Company will pay the Affiliate Commission on a monthly basis for Net Revenue generated by New Customers for a period of 36 months after the date on which that New Customer has made a registration.

4.9. Referred Player. A New Customer referred by an Affiliate has to complete the registration at the Company’s Website and make their first deposit within 14 days from the registration date to be associated with the Affiliate and become a Referred Player. If the deposit is made after the 14-day period, the customer will be unlinked from the Affiliate, and no Commission will be earned for that New Customer’s account.

4.10. Revenue Exclusivity. The Commission earned by the Affiliate is limited to the specific Website or Brand to which the customer was referred by clicking on the Affiliate Tracking Link. The Affiliate shall not be entitled to any portion of the revenues generated by the same customer on other Websites or Brands, even if operated by the Company or any other entity or person affiliated with the Company.

4.11. Payment. The Commission is calculated at the 2nd day of the next month and e-Wallet payments shall be performed within the first ten (10) working days of each calendar month, while bank wire transfers will take up to fourteen (14) working days from receiving an invoice. Payment of Commissions shall be made by the payment method chosen by the Affiliate in the application process.

4.12. Minimum payout threshold. The minimum amount for payout is set at €100. If the Commission does not reach this minimum level, it will be carried forward to the subsequent month.

4.13. Payment currency. In the event that transactions or earnings are denominated in a currency other than Euro, the conversion will be calculated based on the prevailing exchange rate at the time of processing, with any associated conversion fees or charges borne by the Affiliate.

4.14. Taxes. The Affiliate is responsible for all taxes, including value-added tax, and social security contributions on the earnings generated under this Agreement. If operating as a business entity, the Affiliate must provide company registration proof as required by the Company; otherwise, they are considered a non-VAT registered company.

4.15. Payment options. Payment shall be made by Us to You by way of the method selected by You upon registration or accessible through the ‘payment information’ section of Your account at any time. You may only choose from:

e-Wallet
Bank wire transfer

4.16. Payment via invoice. The Company may appoint another Group Company or a third party, to process, effect and/or receive payments on its behalf. Payments made via invoice may be processed by such other entity as aforementioned. Any inquiries or concerns related to invoiced transactions should be directed to [email protected].

4.17. Payment suspension. The Company reserves the right to withhold any or all payments to the Affiliate in the event of a breach of any terms within this Agreement.

5. Term and Termination

5.1. Term. The term of this Agreement will commence on the date of approval by the Company of Your registration and shall continue until terminated on notice by either party.

5.2. Termination. The Company may terminate the Agreement with immediate effect if the Affiliate fails to fulfill any of its obligations under the Agreement or engages in negligent actions, or if the Company has reasonable suspicion to believe that the Affiliate is not fulfilling its obligations under, or is not complying with, this Agreement, or that the Affiliate is acting in a negligent manner.

5.3. Unpaid Commission. Upon the termination of the Affiliate Agreement, regardless of the cause, any Commission associated with New Customers brought to the Company during the Agreement’s duration will not be disbursed to the Affiliate starting from the termination date.

5.4. Penalties. In the event that the Affiliate Agreement is terminated as a consequence of the Affiliate’s violation of the terms within the Agreement, We reserve the right to request a contractual penalty equivalent to the unpaid Commission from the Affiliate, offsetting Our claim for the contractual penalty against the Affiliate’s payment request.

5.5. Termination actions. The Parties hereby concur that upon the termination of this Agreement through any means:

The Affiliate must promptly, within seventy-two (72) hours of receiving the aforementioned notice, eliminate any mentions of the Company, and/or their respective Brands or Company Websites from the Affiliate’s websites and all marketing channels and communications, whether commercial or otherwise.
Any rights and licenses previously granted to the Affiliate under this Agreement, if applicable, will instantly expire, and all rights will revert to the respective licensors. The Affiliate will discontinue the use of any trademarks, service marks, logos, and other Intellectual Property Rights held by the Company, Brands, and the Company’s Websites, or other third party acting as licensor to the Company.
The Affiliate will only be entitled to any Commission that has been earned but remains unpaid as of the effective termination date of this Agreement. However, and without prejudice to Section 5.4, We may withhold the Affiliate’s final payment for a reasonable period for internal verification purposes to ensure accuracy. No Commissions can be earned or received after the effective termination date.
The Affiliate is required to return all Confidential Information, along with all copies and derivatives, to the Company, and this material should no longer be in the Affiliate’s possession, custody, or control.
Affiliates must maintain strict confidentiality on any ad-hoc deals negotiated with the Company. Any information negotiated and discussed with the Company on a case-by-case basis shall be considered Confidential Information. Affiliates shall not disclose any Confidential Information without the Company’s prior written consent.
All rights and licenses previously granted to the Affiliate under this Agreement and/or the Affiliate Programme will be immediately terminated.

6. Streamers

6.1. Streamer Obligations. The Streamer must fulfill their obligations professionally, and failure to do so is considered a material breach of the Agreement. The obligations, restrictions and limitations laid down in Section 2 shall apply to Streamers, mutatis mutandis. Here are other additional requirements:

Age and Competency: The Streamer asserts that they are of legal age (at least 18 years old or the age of majority in their jurisdiction, 21 years old for Estonia) and fully capable of understanding and complying with the Agreement’s terms.
Awareness and Volition: The Streamer acknowledges understanding all terms and conditions of the Agreement and asserts that their agreement is voluntary, without any coercion.
Exclusivity and No Conflicts: The Streamer confirms they have not and will not enter into any similar agreements or arrangements that conflict with this Agreement.
Legal Compliance: The Streamer ensures that their participation in the Agreement complies with all applicable laws and regulations and does not infringe on any third party’s rights, including Intellectual Property Rights and/or agreements with game developers or publishers.
Platform and Content Rules: The Streamer agrees to adhere to the Company’s operating systems, platform rules, and not to engage in activities that violate laws and regulations. This includes a prohibition on streaming content that depicts minors.
Skill and Expertise: The Streamer asserts possessing the necessary skills, expertise, and experience to perform the services congruent with the role of a Streamer.
Nature of Relationship: This arrangement does not establish an agency, partnership, joint venture, or employee-employer relationship between the Streamer and the Company.
Liability and Disputes: The Company is not liable for losses or damages suffered by the Streamer or for disputes between the Streamer and third parties, including game publishers or developers. The Streamer shall hold the Company harmless, and shall indemnify the Company,for any and all losses that the Company incurs which are attributable to the Streamer’s actions or negligence.
Performance of Services: The Streamer is responsible for completing the services in a professional and diligent manner, complying with the scope of work as outlined in any applicable term sheet, and any modifications mutually agreed upon in writing.
Compliance and Conduct: The Streamer must comply with all Company policies, maintain a positive public image, and avoid illegal or inappropriate behavior. This includes not being under the influence of alcohol or drugs while streaming.
Technical and Operational Requirements: The Streamer is responsible for setting up their own streaming equipment and maintaining a minimum resolution of 1080p. They must use specific streaming tools (like OBS) and ensure their face and voice are clear to viewers.
Legal Compliance: The Streamer must not violate any laws, including intellectual property laws, and must not engage in activities like spamming, unauthorized data collection, or use of malicious software.

6.2. Account creation. Streamers may be required by the Company to create an account at the Affiliate Programme to formalize the arrangement. This requirement applies regardless of the specific deal or arrangement negotiated between the Streamer and the Company. Streamers are responsible for maintaining the security and accuracy of their Affiliate Programme account information.

6.3. Gaming conduct. The Company does not provide any free money for gaming purposes. All transactions shown in the video stream must be real and conducted using the Streamer’s own funds.

6.4. Payment and invoicing. All payments to the Streamer will be made through invoices. Streamers are required to submit invoices for their services according to the payment schedule agreed. Invoices must include all necessary details as stipulated by the Company’s financial policies and relevant legal requirements.

6.5. Tax responsibilities. Streamers must comply with all relevant tax laws and regulations applicable to them. It is the Streamer’s responsibility to ensure proper tax compliance and to report and remit the correct amounts to the appropriate tax authorities.

7. Relationship of Parties

7.1. Third parties. We operate as independent entities, and this Agreement does not establish any legal partnership, joint venture, agency, franchise, employment relationship, or data controller-processor connection between the Parties unless mutually agreed upon in writing. You do not possess the authority to create or accept offers or representations on Our behalf. Any statements, whether on Your site or elsewhere, must align with this provision.

To clarify, You bear full responsibility for the actions of any subcontractors or third parties You engage, as well as the activities of Your Affiliate Networks. It is Your duty to monitor Your Affiliate Networks to ensure their compliance with this Agreement. In the event of a breach of the terms of this Agreement by Your subcontractors or Your Affiliate Network, You will be solely held accountable, and We retain the right to take appropriate action against You, as permitted under this Agreement or relevant laws applicable to the circumstances, including those relating to the direction of internet traffic, whether they be national, local, international or otherwise, to address such violations.

8. Force Majeure

8.1. Delays and Failures. Neither party will be held accountable to the other for any delays or failures in fulfilling their obligations under the Agreement if such delays or failures result from causes beyond their reasonable control and are not attributable to them. These causes include, but are not limited to, labor disputes, strikes, industrial disruptions, acts of nature, acts of terrorism, floods, lightning, utility or communication outages, earthquakes, or other unforeseen events. In the event of a force majeure event, the party unable to perform its obligations due to the event is excused from performing to the extent that it is hindered by the force majeure event. However, if the force majeure event persists for more than thirty (30) days, either party may terminate the Agreement without the need for prior notice.

9. Disputes and Governing Law

9.1.Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of Curacao and any action or dispute relating to the terms of this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the exclusive jurisdiction of the Curacao law courts.

10. Miscellaneous

10.1. Amendments. The Company reserves the right to modify, change, remove, or add any provisions to this Agreement at its sole discretion, with or without prior notice to the Affiliate. If changes are made, the Affiliate will receive written notice of these modifications at their registered email address. By continuing to participate in the Affiliate Programme after any amendments or adjustments have been made known, the Affiliate signifies their acceptance of the updated terms and conditions, and resulting Agreement. It is the Affiliate’s sole responsibility to stay informed about the most recent version of this Agreement.

10.2. English language. The Agreement was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.

10.3. Waiver. No waivers concerning this Agreement can be assumed from actions or the failure to assert rights, and any waivers must be in written form to have legal validity.

10.4. Non-Exclusivity. To clarify, it is acknowledged that this Agreement in no manner restricts the Company from entering into comparable agreements or offering/seeking comparable services to/from or with other individuals or entities, whether they are individuals or companies.

10.5. Indemnity. You will protect, indemnify, and absolve the Company, any Group Company and Our/their suppliers, contractors, agents, directors, officers, employees, direct and indirect shareholders, and representatives from all liabilities, losses, damages, and costs, including reasonable attorney’s fees.

10.6. Liability. The Company is not liable for direct or indirect, special, or consequential damages (including loss of revenue, profits, or data, or harm to goodwill or reputation) associated with the Agreement and/or the Affiliate Programme, even if We have been advised of such potential damages.

10.7. Remedies. Our rights and remedies at law and/or in the Agreement are not mutually exclusive. In other words, using one provision does not prevent the use of another. If You breach this Agreement or fail to provide us with the required information, We may, without waiving any other rights immediately suspend Your membership in the Affiliate Programme; and/or choose not to pay You any outstanding Commissions at Our discretion.

10.8. Good Faith. You are prohibited from knowingly benefiting from traffic that, in our reasonable judgment, is not generated in an honest manner. This includes, but is not limited to, traffic generated through spam, the unauthorized use of our intellectual property (specifically, the Brand or Brands) in mobile applications, or any activity that violates this Agreement. This prohibition applies even if such activities do not directly harm the Company or any Group Company. It also encompasses engaging in any fraudulent activities, including referring players that we consider low-value for separate deals like Hybrid Deals or CPA Deals.