Esports Marketing Technologies Ltd Affiliate Agreement
This Affiliate Agreement (this “Agreement”) contains the complete terms and conditions between Esports Marketing Technologies Ltd (“Esports Marketing” or “we” or “us”), and you, regarding your application to participate as an affiliate (an “Affiliate”) of Esports Marketing. As an affiliate your role will be to promote the “Scratch2Cash.com”, “Hopa.com”, ”Griffon Casino”, ”dansk777.dk”, “GenerationVIP”, “Karamba.dk”, “generationvip.com” and “Karamba.com” websites owned by Esports Marketing and operated by Aspire Global International and/or by AG Communications LTD, as applicable (the “Sites”). By submitting the application form, you are deemed to have agreed to be bound to the terms and conditions set out in this Agreement.
- Affiliate Program Application. To become an Affiliate you will have to submit a completed Affiliate Program Application. We will evaluate your application and, where applicable, notify you of your acceptance to the Affiliate Program. Before being entitled to start any acquisition campaign for us you should get written approval from your personal account manager. We may reject your application or terminate this Agreement for breach with immediate effect, if we determine, in our sole discretion, that your marketing methods (including websites, emails, applications, all as indicated in your application) (collectively the “Affiliate Sites”) are not suitable for any reason, including, but not limited to, inclusion of content on your Affiliate Sites that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, might mean that it contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues (v) any unlawful behavior or conduct; (vi) fake or misleading content, including fake news; or (vii) false claims, testimonials, endorsements or any similar content. In any event, prior to your use of any testimonial and/or endorsements, you shall first obtain our prior written approval. Similarly, we shall reject your application if we determine, in our sole discretion, that your site is designed to appeal to minors. Further, Esports Marketing is strongly committed to the protection of its end-users from all types of malicious, harmful or intrusive software and maintains a zero-tolerance policy in this regard. Therefore, we shall reject your application if we believe, in our sole and absolute discretion, that any of your Affiliate Sites are designed to distribute or promote or allow the distribution or promotion of any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of malware. You shall have no right to appeal any decision to reject your application. By establishing an account with us, you acknowledge that you may be asked to share certain personal information about you before activating or during your use of the Affiliate Program (e.g. your name, physical address, email address, phone number, financial information, etc.). By accessing and opening an account, you agree and understand that we will use such information as necessary for the performance of this agreement to which you are a party (e.g. to process payments and to evaluate your application). You may contact us at DPO@aspireglobal.com at any time and request to access, delete, change or update any personal information relating to you (for example, if you believe that your personal information is incorrect, you may ask to have it corrected or deleted) that we will cease any further use of your personal information or that we shall remove your personal information (subject to any other legal obligation that may require us to keep the information). If you wish to raise a complaint on how we have handled your personal information, please contact us directly at DPO@aspireglobal.com. For more details, you should review our https://www.karamba.com/info/privacy/ which describes how we access, use, store and retain personal information and how we respect individual rights to privacy.
- Protection of Minors. In accordance with applicable legislation, persons under the age of 18 are not allowed to register with or play on our Sites. Our Sites are not designed to attract children or adolescents, and we take certain measures to block underage persons from registering with the Sites. Therefore, we shall reject your application if we determine, in our sole and absolute discretion, that any of your Affiliate Sites are designed to appeal to minors and, as such, are not suitable for the Affiliate Program.
- Links and Promotions. In the event of your acceptance to the Affiliate Program, we will make available to you, banner advertisements, button links, text links and other links as determined by Esports Marketing which shall link to the Sites (the “Links”), which you may display on your Affiliate Sites, provided you abide by the terms and conditions of this Agreement. In using the Links, you agree that you will cooperate fully with us in order to establish and maintain the Links. If during the term of this Agreement you wish to place the Links on websites other than the Affiliate Sites which you have previously reported to Esports Marketing and which Esports Marketing have approved (“Alternative Sites”), you shall be obligated to request and receive Esports Marketing permission for the placement of the Links on Alternative Sites. You may not modify a Link, unless you have received prior written consent from Esports Marketing to do so. In the event that we determine that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you. You may not advertise the Sites in any way not approved in advance by Esports Marketing including, without limitation, the use of spam e-mails. In addition to your use of Links you may promote the Sites by means of the publication of bonus codes (each a “Promotion”). Your activities in relation to a Promotion shall be strictly in accordance with Esports Marketing relevant guidelines as such shall exist and be amended from time to time. You may not market or promote the Sites and/or use any of the Links and/or Licensed Materials on any website, software, application or portal which (i) in any way which infringes the intellectual property rights of any third party; and/or (ii) provides any unauthorized access to copyrighted content. In the event that you are in breach of the foregoing we may terminate this Agreement immediately and notwithstanding anything to the contrary in this Agreement, we may retain any commission otherwise payable to you under this Agreement and we will no longer be liable to pay such commission to you.
Your offering of a Promotion at any time shall be conditional on your receipt of our prior written approval for the Promotion and in the event that you do not receive our approval in relation to a Promotion, you shall not be permitted to receive any commissions generated on account of a Player (as such term is defined below) who has become such a player in any manner connected with the relevant unapproved Promotion. You shall refrain from marketing the Sites in any way which might compete with our own marketing efforts, unless you have received prior written approval from us in such regard. By way of example, the following activities will be considered to be activities, which if undertaken by you, would compete with our own marketing efforts and are prohibited hereunder: (i) the placement of Links on any Internet sites on which we place advertisements for the Sites; and (ii) the promotion of the Sites by you by way of keyword advertising with Internet search engines. Your breach of the foregoing provisions will constitute a breach of this Agreement, and Esports Marketing retains full authority to (i) terminate this Agreement immediately in the event of such breach (without derogating from any of its rights under any applicable law or agreement, including this Agreement, in this regard), and (ii) retain for its own account any commission arising as a result of such competitive activities that would otherwise have accrued to your benefit. In relation to pay-per-click (PPC) and keyword bidding it is hereby made clear that you may not advertise or purchase or register keywords, search terms, search engine ads or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service, which are identical or similar to any of the Esports Marketing or any of the Group’s (as defined below) trademarks or trade names from time to time or include the words ‘Griffon casino’, ‘BetTarget’, ‘scratch2cash’, ‘generationvip’, ‘dansk777’, ‘hopa’ or ‘Karamba’ or any variations of each of these words, or include metatag keywords on the Affiliate Sites which are identical or similar to any Esports Marketing or any of the Group’s trade marks or trade names from time to time. Your breach of the foregoing provisions will constitute a breach of this Agreement, and Esports Marketing retains full authority to (i) terminate this Agreement immediately in the event of such breach (without derogating from any of its rights under any applicable law or agreement, including this Agreement, in this regard), and (ii) retain any commission arising as a result of such activities.
- Referred Players. A “Player” shall mean an Internet user without a prior account with any of the Sites operated by Esports Marketing who accesses any of the Sites directly through the Links, creates a new account and makes a deposit on a Site. Neither you nor your relatives are eligible to become Players and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term “relative” shall mean any of the following: spouse, parent, partner, child or sibling. The number of Players per individual household computer is strictly limited to one. Esports Marketing measurements and calculations in relation to the number of Players and the relevant Net Revenue and Gross Revenue figures shall be the sole and authoritative tool for such measurements and calculations and shall not be open to review or appeal. We shall make the number of Players and the relevant Gross Revenue and Net Revenue figures available to you through our Affiliate Program information site. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Sites and the Sites are properly formatted throughout the term of this Agreement. Notwithstanding the foregoing, Players who received a first money transfer into their account from a third party shall not be counted for payments associated with click-per-action trackers or with progressive net revenue share schemes, also commonly referred to as “cashback” or “incentive”.
- Revenue Share based Commissions.Definitions – for purposes of this Section 5, the following terms have the following meanings:
- “Casino Oriented Player”shall mean a Player who first registered to the Site through the Casino tab available on the Site;
- “Sports Oriented Player”shall mean a Player who first registered to the Site through the Sports tab available on the Site; and
- “Bingo Oriented Player”shall mean a Player who first registered to the Site through the Bingo tab available on the Site.
For the avoidance of doubt, a Player’s orientation for the purpose of determining its revenue share remuneration scheme shall be determined by Esports Marketing at its sole discretion based on the section (i.e. Casino, Sport, or Bingo tabs) through which the Player has made his first registration on any of the Site, regardless of the products played by that Player following his registration. Once a Player’s orientation has been determined by Esports Marketing, either as a Sport, Casino, or Bingo Oriented Player, the relevant remuneration scheme shall apply to the Player’s Net Revenue generated from all the Casino, Sports, and Bingo products and services, on an aggregate basis.
i. If you joined our revenue share remuneration scheme before 28th February 2018, Esports Marketing will pay you solely the following commissions based upon the table set out below: