In this document
In this document
Affiliate Program Terms & Conditions
This is an agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”) and www.winlion.partners (“Company”, “us”, “we” or “Affiliate Program”. By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement. We may periodically make modifications to this Agreement. Affiliates will be emailed with any term changes. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
I. Definition
1.2. “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by Company.
1.3. “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
1.4. “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
1.5. “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other any third party website to Company Websites.
1.6. “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.
1.7. “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement.
1.8. “Affiliate Website” means any website which is maintained, operated or otherwise controlled by the Affiliate.
1.9. “Company” shall mean Geminilab N.V. and any other company within our group of, including our parent companies, their parent companies and all of the subsidiaries of these respective companies.
1.10.“Company Websites” means the website www.winlion.partners or other such websites (including mirror websites) as may be added to this Affiliate Program from time to time.
1.11. “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.
1.12. “Commission Structures” means any specific reward structures expressly agreed between Company and the Affiliate.
1.13.“Confidential Information” means any information of commercial or essential value relating to Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans and manners of operation.
1.14. “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature.
1.15. “Net Gaming Revenue” or “NGR” means all monies received by Company from New Customers as placed bets, less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to New Customers referred to Company Websites by the Affiliate Website(s).
1.16. “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites’. This excludes the Affiliate, its employees, relatives and friends.
1.17. “Parties” means Company and the Affiliate (each a “Party”).
1.18. “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
II. Affiliate obligation
2.1 Registering as Affiliate
To become a member of our Affiliate Program you must accept these terms and conditions by ticking the respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. We will, at our sole discretion, determine whether or not to accept an Affiliate Application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate Application has been successful. You will provide any documentation required by the Company to verify the Affiliate Application and to verify the Affiliate Account information at any time during the term of the Affiliate Agreement. This documentation may include but is not limited to: bank statements, individual or corporate identity papers and proof of address. It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is kept up-to-date at all times.
2.2 Affiliate login details
It is your sole obligation and responsibility to ensure that login details for your Affiliate Account are kept confidential and secure at all times. Any unauthorized use of your Affiliate Account resulting from your failure to adequately guard your login information shall be your sole responsibility, and you remain solely responsible and liable for all such activity occurring under your Affiliate Account user ID and password (whether such activity was undertaken by you or not). It is your obligation to inform us immediately if you suspect illegal or unauthorized use of your Affiliate Account.
2.3 Affiliate Program participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transfering an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. Besides, you shall not open more than one Affiliate Account without our prior written consent. By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise, market and promote the Operator Websites in accordance with the Affiliate Agreement and Company’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way harm the Company’s reputation or goodwill. You may link to the Operator Website’s 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
You will be solely responsible for the development, operation and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws, including General Data Protection Regulation (GDPR), and functions as a professional website. You will not present the Affiliate Website in such a way so
that it may cause confusion with the Operator Websites, or so that it may give the
impression that it is owned or operated by Operator. The Affiliate Website will not
contain any defamatory, libelous, discriminatory or otherwise unsuitable content
(including, but not limited to, violent, obscene, derogatory or pornographic materials or content which would be unlawful in target country).
2.5 Valid traffic and good faith
You will not generate traffic to Operator Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behavior shall be deemed as fraud. You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated to bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this. You hereby recognise that any New Customer found to be a bonus abuser, money launderer or fraudster or who assists in any form of affiliate fraud (whether notified by you or later discovered by us) does not count as a valid New Customer under the Affiliate Agreement, and thereby no Commission shall be payable in relation to such New Customers.
2.6 Unsuitable websites
You 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 the Company, 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. You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to Operator Websites) is also prohibited.
2.8 Email and SMS marketing
If sending any emails or SMS communications to individuals which (i) include any of Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Operator Websites, you must first obtain our permission to send such emails. If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company.
2.9 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 clause below. You 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 Company’s trademarks or otherwise include the Company trademarks.
2.10 Approved creative
You 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 the Company or (if advertising layouts are created by you) without the advance written approval of Company. You will not modify the appearance of any advertising that has been provided to you or for which approval was granted. It is your responsibility to seek approval from Company in time for launch of any advertising campaign or creative, to ensure you have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
2.11 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on the Operator Websites.
2.12 Responsible Gaming
The Company has ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
2.13 Illegal activity
You will not target any territory or jurisdictions where gambling is illegal. You will act within the relevant and / or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise. The Affiliate acknowledges that promoting Swedish market resources and using Swedish language is subject to legal restrictions in Sweden. Such actions will be considered as a breach of general terms & conditions and will lead to the immediate account closure if disclosed. The Affiliate acknowledges that promoting on Netherlands market resources and using Dutch language is subject to legal restrictions in the Netherlands. Such actions will be considered as a breach of general terms & conditions and will lead to the immediate account closure if disclosed.
2.14 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations or law applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
2.15 Cost and expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Affiliate Agreement.
2.16 Company monitoring of Affiliate activity
You will immediately give Company all such assistance as is required and provide us with all such information as is requested by Company to monitor your activity under the Affiliate Program.
2.17 Commissions paid incorrectly
The Affiliate agrees to immediately upon request by Company, return all Commissions received based on New Customers referred to Company in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.
2.18 No Trademark Bidding
Affiliates may not register domain names or bid on keywords or search terms related to our brand.
III. Rights and obligations of the parties
- Exploit the Brand, Website or Advertisement for any use other than the Purpose;
- In any way reproduce the Website or any part of its contents other than to the extent permitted by this Agreement and necessary to fulfill the Purpose;
- Use the Advertisement and/or Brand in any way that may harm winlion.partners or its trademarks, copyrights, goodwill and/or branding;
- Refer a user to the Website with the use of misleading promises, actions, or functionality;
- Offer a user monies, prize, or some kind of reward for clicking on the Advertisement, visiting the Website, or registering an account on the Website, unless this reward or prize is stipulated by winlion.partners;
- Use automated script(s) or computer program(s) in order to imitate the click of the user on the Advertisement or imitate the registration of the Referred Customer on the Website.
- Present or create an impression that Affiliate Site(s) is in any way associated with winlion.partners;
- Open his Affiliate`s Account on behalf of a third party or transfer his Affiliate`s Account into possession of a third party without prior written approval from winlion.partners.
- Change, amend or alter Advertisement(s) provided by winlion.partners in Affiliate`s Account without prior written approval from winlion.partners.
- Change, amend or alter the tracking link provided by winlion.partners (“tracking link”), which means that the Affiliate may add variables, text, metrics, parameters after the tracking link text but cannot change, amend or alter the tracking link text itself (which includes protocol, domain, and path). When options “Use sub_id” and/or “Use click_id” are included, the Affiliate may amend or change the query string (link text after the question mark). Winlion.partners shall not be liable for any missed conversion if the Affiliate changes, amends or alters the tracking link.
- Use any device, robot, spider, software, routine or another method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Website(s) or the website winlion.partners;
- Be under eighteen (18) years old;
- Register more than one account on the website winlion.partners without prior written approval from winlion.partners;
- Register a new Affiliate`s Account if the Affiliate`s Account had previously been closed due to a material breach of this Agreement;
- Refer user(s) to the Website(s) via marketing or creative materials which are not provided or approved for use by winlion.partners, unless permitted in writing by winlion.partners;
- Perform any actions which are intended, or would reasonably be expected, to harm winlion.partners or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to winlion.partners.
- Appoint a responsible authorized representative to settle current issues related to rendering of the Services hereunder;
- Timely and in full pay for the Affiliate’s Services in accordance with this Agreement;
- Timely provide the Affiliate with necessary information and materials, consistent with the applicable legislation, that are required for the fulfillment of this Agreement;
- As soon as possible inform the Affiliate about all changes connected with previously provided materials and information;
- Refuse to accept the Services provided by the Affiliate if such Services breach the terms and conditions of this Agreement;
- Seek to enhance the Affiliate’s reputation, conduct its business in a manner that reflects favorably at all times on the Affiliate’s and the good name, goodwill, and reputation of the Affiliate and not do or permit anything to be done which may hinder or harm the same;
- Provide the Affiliate with statistics available via his Affiliate`s Account on the website winlion.partners.
IV. Commission and payment
4.1. Subject to your adherence to the provisions of the Affiliate Agreement, you will earn Commission in accordance with the Commission Structure. We retain the right to change the Commission percentage and method of calculation of Commission in accordance with this clause.
4.2. The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 20th of the following calendar month.
4.3. Due to existing regulations, Affiliates may be required for verification and “know your customer” documentation before a withdrawal can be accessed.
4.4. A minimum amount of €100 (one hundred euro) has to be accumulated in commissions for the payment to be made in any given month.
4.5. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
4.6. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure.
4.7. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within fourteen (14) calendar days and clearly state reasons of the disagreement. Failure to notify the Company within this time limit shall be considered as an irrevocable acknowledgment of the balance due for the relevant period.
4.8. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement.
V. Affiliate programme T&C
Calculation:
5.1. In accordance with the CPA Payment Plan, an Affiliate will receive a one-off payment for every new Customer, more specifically: (a) when a Customer completes first registration, (b) deposits the minimum required amount and (c) meets the minimum wagering activity requirements, as previously agreed upon in writing with your Affiliate Manager.
5.2. Players marked as fraudulent, bonus abusers or which will self-exclude will not be considered qualified for the CPA reward; In the event of a Chargeback received against or issuance of credit to a Customer, that Customer will be discounted for the purpose of the CPA Plan;
5.3. WinLion Partners does not pay for incentivised traffic in any form and we do not pay for schemes where a Customer is given or promised a percentage of the CPA as an incentive for becoming a Customer. Such incentivises extends to any roulette playing schemes or casino systems where Customers are advised, in any way, on how to play to beat the online wagering system.
5.4. WinLion Partners does not pay for CPA Customers sent via brand bidding.
5.5. After termination of this agreement, late converted players will be considered qualified if deposit for the first time within 30 days from the termination date, unless agreement is terminated due to material breach by affiliate, in which case late converted players will not be considered qualified in any case.
VI. Confidentiality
6.1. The Affiliate undertakes to not directly or indirectly, through entities directly or indirectly controlled by him/her, as well as through natural persons affiliated to him/her, reveal, report, publish, disclose or transfer, use for his/her own or any other purposes, any information, received by or disclosed to the Affiliate during performing his/her obligations under the Agreement, relating to the business or activities of winlion.partners.
6.2. The Affiliate shall not, during the term of this Agreement and for a period of 3 (three) years thereafter, disclose and/or use any Confidential Information for any purpose whatsoever other than the performance of the Services.
6.3. The Affiliate acknowledges and agrees that Confidential Information shall remain the sole property of winlion.partners.
6.4. The Affiliate shall use the same degree of care and take all reasonable precautions to avoid any unauthorized disclosure of Confidential Information as the Affiliate employs with respect to its own Confidential Information of like importance, but not less than a reasonable degree of care.
6.5. If the Affiliate is required by applicable law, regulation, court order or legal process to disclose any Confidential Information, the Affiliate will provide winlion.partners with prompt notice of such request or requirement and the Affiliate will use reasonable efforts to ensure that all Confidential Information so disclosed is treated confidentially.
6.6. Upon the termination of this Agreement, or upon disclosing Party’s earlier request, the Affiliate shall deliver to winlion.partners all Confidential Information and winlion.partners’ property relating thereto and all tangible embodiments thereof, in Affiliate’s possession or control, and shall delete all copies of the information above mentioned.
6.7. Each Party acknowledges that a violation of Section 6 would cause immediate and irreparable harm. Therefore, the harmed Party will be entitled to injunctive relief for the other Party’s breach of any of its obligations under the said Articles without proof of actual damages and without the posting of bond or other security. Such remedy shall not be deemed to be the exclusive remedy for such violation, but shall be in addition to all other remedies available at law or in equity.
6.8. In the event that the Affiliate breaches the obligations set out in this Section thereof, such a breach shall be rectified or remedied without delay, but in any event not later than two (2) calendar days after winlion.partners issues a relevant notice. If a breach is not rectified within the above-mentioned period or such a breach is irreparable, the Affiliate shall indemnify winlion.partners for any damages sustained by it as a result of breach of the obligation to preserve the Confidential Information.
VII. Data protection
7.1. The Parties shall comply fully with all applicable Data Protection laws when processing Personal data (including the GDPR when this Regulation is applicable).
7.2. The Parties shall not collect, transmit, process or use Personal Data collected from Referred Customers in any manner which violates any applicable Data protection laws (including the GDPR when this Regulation is applicable), regulations or Good Industry Practices, and shall not be inconsistent with any applicable privacy policy, terms of use or similar policy.
7.3. Each Party shall implement appropriate technical and organizational measures to ensure a level of security of Personal Data controlled/processed in relation to the activities under this Agreement.
VIII. Term and termination
8.1. Term
The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this case the Agreement will be terminated 30 days after such notice is given. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
For the avoidance of doubt, Company may also terminate upon immediate notice at any time for the Affiliate’s failure to meet their obligations under the Agreement or otherwise for the Affiliate’s negligence.
8.2. Affiliate actions upon termination
Upon termination you must immediately remove all of Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites.
All rights and licenses given to you in the Affiliate Agreement shall immediately terminate.
You will return to Company any confidential information and all copies of it in your possession and control, and will cease all uses of all Company Intellectual Property Rights.
8.3. Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Company during the term shall not be payable to the Affiliate as from the date of termination.
IX. Miscellaneous
9.1. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.
9.2. Indemnity and Limitation of Liability
You shall indemnify and hold Company, our directors, employees and representatives harmless from and 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 of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate 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 creatives and links or this Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
9.3. Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
9.4. Relationship of Parties
The Company and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. 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 would contradict anything in this Affiliate Agreement.
9.5. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labor 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 to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
9.6. Assignability
You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
9.7. Severability
If any provision of the Affiliate 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 Affiliate Agreement or any provision hereof.
9.8. English language
The Affiliate 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.
9.9. Modification of Terms & Conditions
We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules.
If any modification is unacceptable to you, you need to terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the modification or of the new agreement.