Terms and Conditions - casinobud Affiliate Program
The Affiliate Program (the Program) is run by Thelivering LTD of Malta, company register number C 87253, with its registered seat at 7, Triq San Trofimu, Sliema, Malta. Thelivering LTD is running the website casinobud.com.
The purpose of the Program is to reward enrolled website owners for promoting the Thelivering LTD Brand and directing new customers to the Thelivering LTD Site.
In order to enroll in the Program a website owner would need to register as an affiliate by completing the online form made available on the Thelivering LTD Site. We will evaluate your application to enroll in the Program and will notify you in writing (email) whether your application was successful or not. We reserve the right to refuse any applications to enroll in the Program in our sole discretion.
This document (the Agreement) details the terms and conditions agreed between Thelivering LTD and the person (either legal or natural person) set out on the relevant application form (you or the Affiliate) regarding the Affiliate's application to join, and in the event the Affiliate's application is successful, the Affiliate's membership in the Program. This Agreement shall be binding on you once you submit your application to enroll in the Program, however, the Agreement will only be binding on us when we approve your application.
In this document the term Thelivering LTD Content shall mean any text links (including sub-affiliate links), banners, advertising and other marketing material containing the Thelivering LTD Brand as made available by Thelivering LTD to the Affiliate.
1. Responsibilities of the Affiliate
1.1. As Affiliate you are responsible for promoting the Thelivering LTD Brand by implementing the Thelivering LTD Content on your websites, e-mails or other communications.
1.2. You will present only approved content about Thelivering LTD on your site (i.e. Thelivering LTD Content). Presentation of content that is deemed unsuitable by Thelivering LTD will result in the Agreement being terminated with immediate effect.
1.3. 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.
1.4. You agree that you will not actively target with Thelivering LTD Content in any jurisdiction where gambling and the promotion thereof is illegal or such jurisdictions as may be advised by Thelivering LTD from time to time.
1.5. You shall not participate in any fraudulent, disreputable, unethical or illegal activity, or partake in any activity which is not beneficial to Thelivering LTD and the Program or that are not in the best interests of Thelivering LTD, the Program or Thelivering LTD:s customers (the Disreputable Activities).
2. Affiliation Guidelines
2.1. Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote Thelivering LTD. Advertorials and personal endorsements are allowed but all materials not designed by Thelivering LTD need to be approved in writing; such approval shall not be unreasonably withheld by us.
2.2. You may not modify any Thelivering LTD Content supplied by us without the written prior consent of Thelivering LTD.
2.3. By agreeing to participate in the Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within e-mail, direct marketing using your affiliate URL or print. These methods are by which you may advertise on the Thelivering LTD's behalf.
2.4. Banners and links may not be placed within unsolicited e-mail, 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.
2.5. We will terminate this Agreement immediately if we deem you to generate traffic to the Thelivering LTD Site by illegal or fraudulent activity, such as by sending spam, or by any attempts to artificially increase the commission payable to you or by presenting your site in a manner that may cause confusion in the customers as to the relationship between you and us.
2.6. You shall not make any claims, representations, or warranties in connection with Thelivering LTD and you shall have no authority to and shall not bind Thelivering LTD to any obligations.
2.7. Without our prior written approval, you will only use Thelivering LTD Content and will neither alter its appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of the Thelivering LTD Site.
2.8. You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes Thelivering LTD damage. 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 terminate the affiliate account. Our decision in this regard will be final and no correspondence will be entered into with you. We 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 with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such.
2.9. Affiliate must not alter form fields or scripts in Thelivering LTD supplied marketing materials which are designed to collect contact information from players, in an attempt to hijack such information for Affiliate or advertiser's own use.
2.10. The Affiliate will be solely responsible for its marketing activities (including but not limited to distribution, content and lawfulness of the same).
3. Purchase Processing
Only properly tagged customers can be assigned to an Affiliate. Should an Affiliate tag be improperly inserted into the Affiliate site or not properly received by Thelivering LTD server 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.
4. Revenue Sharing & Payment
4.1. Thelivering LTD will pay out a monthly revenue share on the commissionable earnings generated by each customer referred by you, as defined by the Thelivering LTD.
4.2. Net Revenue will be defined as the following:
Customers bets less any winnings, bonuses, jackpot contribution, jurisdictional gaming duties and administration fees. The administration fee contains game provider fees and financial transaction fees.
4.3 Should a customer process a charge back, the disputed or charged-back revenue generated by yourself will be forfeited and therefore 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.
4.4. Unlike with a customer making a big winning, which only lasts one month, a charge back will stay due till the revenue generated by other customers referred by you has covered the amount due.
4.5. Complimentary money, free money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts we cannot and will not pay you any commissions on these amounts.
4.6. Negative earnings are NOT carried forward and the Affiliate will begin each month on a zero balance. Should the Affiliate close the month with a positive balance, commissions will be paid on the positive balance. Should the Affiliate close the month with a negative balance, this balance will NOT be carried forward to the next month, unless the negative balance is a result of a charge-back.
4.7. Commissionable earnings will be earned for the life of the customer, on all transactions the customer undertakes at the Thelivering LTD Site, for as long as the Affiliate remains a member of this Program.
4.8. For the avoidance of doubt, all payments shall be made inclusive of VAT, if applicable, and the Affiliate is individually responsible for withholding tax, VAT and social fees if applicable. Payments are made to you 10 business days after the close of the preceding month. Payments are effected by bank wire. It is the responsibility of the Affiliate to select the method of payment and keep Thelivering LTD informed of its current payment details. To receive payments, the Affiliate is responsible for having a legal company set up to which bank account the commission payment will be made to. Payments less than 100 Euros will be carried forward until affiliate earnings exceeds 100 Euros.
4.9.We reserve the right to withhold payment from any Affiliate that violates any of the terms and conditions of this Agreement.
4.10. If you disagree with the balance due to you as reported, you shall notify us within 20 days and state the reasons of the disagreement. Failure to notify us within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period in question.
5. Cost Per Acquisition Terms
If you are enrolled in the Program on a Cost Per Acquisition (CPA) basis, the following terms apply (where not agreed otherwise with you):
5.1. Thelivering LTD will pay out an individually agreed upon CPA amount for acquired customers. The agreed amount will be confirmed in writing.
5.2. Acquired customers are determined as depositing players at the Thelivering LTD Site.
5.3. Should the customer process a chargeback, the disputed or charged-back revenue generated by the Affiliate will be forfeited and therefore the CPA amount will not be paid to the Affiliate.
5.4. Complimentary money, free money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts we will not consider these amounts as deposits.
5.5. Thelivering LTD reserves the right to move CPA Affiliates into our revenue share program by giving the Affiliate a minimum of 15 days notice. Should the Affiliate not agree with this, the Affiliate may terminate the Agreement as set out in clause 11 of the Agreement.
6. Policies & Confidentiality
6.1. Thelivering LTD assumes ownership of the customer at point of first contact with the visitor. You, as the Affiliate, act as a referring agent for Thelivering LTD. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any statutory or other requirements (including but not limited to fraud prevention, anti-money laundering) we may periodically establish.
6.2. By opening an account with the Thelivering LTD, that person will become our customer and, accordingly abide by all customer policies and operating procedures that will apply to them.
6.3. During the term of this Agreement, you may be entrusted with confidential information relating but not limited to the business, operations, customer affairs, products or services or underlying technology of Thelivering LTD and/or the Program (including, for example, referral fees earned by you under the Program)( the Confidential Information). You agree to avoid disclosure or unauthorized use of the Confidential Information to any third persons unless you have our prior written consent. You also agree that you will use the Confidential Information only to the extent necessary to perform your obligations or further the purpose of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
7. Legal Responsibility
7.1. Ownership and content of the Thelivering LTD Sites remain our respective properties and shall not be deemed to have been transferred to the Affiliate through any act or omission in respect of the Agreement.
7.2. Ownership, content and liability for Affiliate sites are the sole responsibility of the Affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
7.3. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
7.4. It is the Affiliate's responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
7.5. Presentation of Thelivering LTD Content on Affiliate's site is the responsibility of Affiliate. The Affiliate must ensure that Thelivering LTD Content is presented in accordance with our prescriptions.
7.6. Affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any rights or applicable laws.
7.7. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Thelivering LTD Site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
8. Limited License
8.1. We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use the Thelivering LTD Content solely in connection with the purpose of this Agreement.
8.2. By this Agreement, we grant you the non-exclusive right to direct customers to the Thelivering LTD' Site in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of our services arising from your referrals, and we reserve the right to contract with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
8.3. The licenses referred to in this clause 8 cannot be sub-licensed, assigned or otherwise transferred by you. You shall not assert the invalidity, unenforceability, or contest the ownership of any Thelivering LTD trademarks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
8.4. We reserve the right to revoke said licenses at any time, and the same shall have been deemed revoked at the termination of this Agreement, for whatsoever reason.
9.1. Any form of spam (including but not limited to search engine spamming or spamdexing or unsolicited mail) will result in your Affiliate account being placed under review and all funds due being withheld pending an investigation into your actions. You need to be aware that Thelivering LTD is are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should Thelivering LTD seek recourse. In this instance the amount determined by Thelivering LTD will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as our Affiliate.
9.2. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
10. Term & Termination
10.1. The term of this Agreement will begin when your Affiliate application is accepted by us and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
10.2. We may terminate the Agreement with immediate effect by written notice to you if:
(a) the Affiliate commits a material breach of its obligations under the Agreement and, in the case of a remediable breach, fails to remedy it within 15 days of the date of receipt of notice
(b) the Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;
(c) the Affiliate sells its business, or any part herein, and/or registers any change of beneficial ownership;
(d) we determine (in our sole discretion) that the Affiliate has engaged in Disreputable Activities;
(e) we determine (in our sole discretion) that the Affiliate site is unsuitable. Unsuitable sites may include those that are aimed at persons under the legal age for gambling, and in particular at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, contain libelous, obscene, unlawful or otherwise unsuitable content or violate intellectual property rights.
10.3. You may terminate the Agreement with immediate effect by written notice to us if:
(a) Thelivering LTD commits a material breach of its obligations under the Agreement and, in the case of a remediable breach, fails to remedy it within 15 days of the date of receipt of notice;
(b) Thelivering LTD becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
10.4. Upon termination:
a. You must remove the Thelivering LTD Content from your site and disable any links from your site to the Thelivering LTD Site;
b. All rights and licenses given to you in this Agreement shall immediately terminate;
c. You will be entitled only to those unpaid commission, if any, earned by you on or prior to the date of termination. You will not be entitled to any commission occurring after the date of termination;
d. If you have failed to fulfill your obligations and responsibilities, we will not pay you the commission otherwise owing to you on termination;
e. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid or that you remove the Thelivering LTD Content from your site and disable any links from your site to the Thelivering LTD Site;
f. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination;
g. You will return to us any Confidential Information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Thelivering LTD.
h. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
11.1. Governing Law & Jurisdiction
This Agreement is governed by the laws of Malta. Any action relating to this Agreement must be brought in Malta and you irrevocably consent to the jurisdiction of Malta court.
11.2. Assignability and Enurement
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
11.5. Severability / Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
12. Relationship of Parties
You agree that you shall defend, indemnify, and hold Thelivering LTD, its 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 (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Program.
We make no express or implied warranties or representations with respect to the Thelivering LTD Site or the Program or referral fee/commission payment arrangements (including, without limitation, their functionality, warranties of fitness, 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 the Thelivering LTD Site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
12.3. Limitation of Liability
You accept that we will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program, whether in contract, tort (including negligence) or otherwise, will not exceed the total referral fees paid or payable to you under this Agreement over the 12 month period preceding the date on which such liability accrued.
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
13. Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Program and becoming bound by the terms of this Agreement, and you are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
IN WITNESS WHEREOF, by having read the terms and conditions, and acknowledging such in the Affiliate sign-up form you agree to all the terms and conditions contained herein.