!Please, read this document entirely and acknowledge each item of it before you accept the agreement. You have to accept these Terms and Conditions before you participate in the Btagmedia Affiliate Network without modification. If you refuse to follow any statement contained in terms and conditions (or you do not have permissions to accept it) you are not allowed to participate in the Btagmedia Affiliate Network. Disputes and inquiries should be sent to [email protected]. In case you do not understand terms and conditions entirely or any statement, please submit your questions to the same email address.
The following is an agreement (this “Agreement”) by and between us (“us” or “we”), being the Btagmedia Affiliate Network, and you (“you”), which contains the terms and conditions that apply to all participants of our Btagmedia Affiliate Network.
By submitting the application form or linking to the www.btagmedia.com site you are deemed to have agreed to be bound to the terms and conditions set out in this agreement.
The following terms shall be understood as described hereunder:
Casino is a client’s website (for example, crystalcasino.com), which provides online gambling services to players on the Internet (also called gambling platform).
Affiliate is an Internet marketer (individual or legal entity), who accepts public agreement on the website www.btagmedia.com and promotes client’s products on the Internet.
Affiliate Network is an ultimate marketing system used by webmasters and companies (who own and operate their own websites) for the purposes of promoting leading and reputable gambling brands to their user base.
Players are persons, who came to the client’s website using an Affiliate’s link and have registered a personal account.
Revenue is an Affiliate’s commission percentage calculated from client’s profits earned on registered players attracted by Affiliate.
Payment is a withdrawal of funds, earned by Affiliate, from Affiliate’s internal account inside Affiliate Network to any external Payment system supported by Affiliate Network.
Payment period is a time period, during which Affiliate’s earnings are being accumulated and calculated in Affiliate Network for the subsequent withdrawal to external payment systems.
Marketing materials (promotional materials) are tools used by Affiliate to promote client’s products.
Affiliate Inactivity is a time period without new Players’ real money Deposits (also it means the registration of any end-user in one of the Casinos which is followed by a deposit).
Chargeback is real money transaction made by a Player with credit card, which was returned to a Player, initiated by issuing bank of the instrument used by a consumer to settle a debt. Specifically, it is the reversal of a prior outbound transfer of funds from a consumer’s bank account, line of credit, or credit card.
CPA Payment is a one-time payout for a depositing Player meeting the stipulated baseline.
Deposit is a real money transaction made by a Player into his/her Casino account.
Fraud or Fraudulent Activity is an action made by you or a Player, which may include but not limited to: abuse of bonuses or other promotions; violation of money-laundering or other laws and regulations; spamming; false, misleading or unauthorized advertising or representations; use of stolen credit cards; and unauthorized use of any intellectual property rights (including third parties’ and any of our or the Casino’s rights).
Revenue Commissions is an amount of real money payable to you if you choose Revenue Share Commission Plan.
Spam (also known as junk email or unsolicited bulk email) stands for unsolicited, undesired, or illegal email messages.
Sub-Affiliates mean persons who join Btagmedia Affiliate Network through your referral codes as regular affiliates.
Referral Code are unique tracking URL links that we provide exclusively to you, through which we track Players and calculate your Revenue Commission or CPA Payment.
Withdrawal means real money transaction made by a Player from his/her Casino account either directly or through a Payment Provider.
- Registering with the Btagmedia Affiliate Network
By registering with the Btagmedia Affiliate PNetwork, this agreement will become binding between you and us. After that, you have a right to promote Casinos to potential Players pursuant to the terms and conditions of this Agreement. You will not have any rights relating to any Players other than the payment of the Commission (Revenue Share or CPA payment).
In addition, we may require you to send us any information and/or documents that will allow us to identify you. We may verify your identity through the information provided by you and by obtaining information from public sources and data. You also agree to co-operate in such a process and inform us about any information we request for this purpose and enter into any additional consent that may be required.
In case of any dispute, you agree to provide us any documents whenever requested by us. You are fully aware in a case of dispute your payments may be delayed if documents we have requested are not provided. Documents we may request may include any or all of the following: valid passport copy; valid driving license copy; a copy of a utility bill; a letter of reference from your bank; and a copy of a bank statement. For a company, documents may include a copy of the company’s certification of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficiary owner of the company and the identity of the directors of the company.
- Affiliate Duties, Restrictions and Rights:
By joining our Btagmedia Affiliate Network and following this Agreement, you agree to promote and refer potential Players to the Casinos only by creating and supporting a unique referral code from your website to the Casinos and by distribute Email Promotions. You will take full responsibility for the content and activity of your promotion and marketing campaigns. All such activities must be arranged at all times in lawful manner and follow the terms and conditions of this Agreement.
The Affiliates of Btagmedia Affiliate Network are not eligible to have an account in the Casino. In case of such situations, we will block both accounts (Affiliate’s account and Player’s account at the casino) with full write-off of funds from the accounts. This rule applies equally to all people who were personally familiar with the Affiliate.
The only methods you are eligible to use to advertise and promote the Casinos are the create and support of the unique referral code from your site to the Casinos using the Text Links and Banners, and the dissemination of Email Promotions, unless we give you our prior written authorization for any other method.
Affiliates are allowed to use the text available on the casino’s website and in the casino lobby only in its own presentation. Text which was copied from the casino’s website in “as is” state, may be a reason for termination of cooperation with Affiliate.
You will use only our approved Promotion Material and will not alter their appearance, design or content, unless we give you our authorization. At your request, we will provide you with a referral code that will enable you to post in your sites rotating banners from our marketing material. You understand and acknowledge that the appearance and contents of our Promotional Material constitute the only authorized and permitted representation of the Casinos.
You accept full responsibility for determining whether your activity in our Affiliate Network is legal under your jurisdiction. It is your responsibility to be aware of all legal and regulatory aspects within the jurisdictions you are located or in which you perform marketing activity. You must understand and accept that we are unable to provide you any legal advice or assurances. You have to ensure that all promotion and marketing you perform through your participation with the Btagmedia Affiliate Network in conducted in full compliance with any applicable advertising and promotional regulations (including, but not limited to, restrictions and/or requirements relating to content or location/positioning of material).
We have zero tolerance for fraudulent activity. You will not allow, benefit, assist, promote, assist or benefit from, directly or indirectly, any act that involves any kind of Fraud. You will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that you believe or should reasonably believe to potentially involve Fraud, or any act or traffic that we inform you is suspected by us, in our discretion, to involve or potentially involve Fraud.
The Affiliates are prohibited from using cookie stuffing and specifically such:
– Open Casino’s websites in an iframe with 0-size or in invisible area.
– Install cookies using scripts or tags (for example img) and any other means, apart from the opening Casino website in visible area to the player.
The Btagmedia Affiliate Network is restricted to individuals of legal age as determined in the jurisdiction in which the individual resides. You must be at least 18 years old to use this service.
You will not advertise or promote any Casino to individuals from any of the Restricted Countries list; or be involved in any traffic coming from any of the Restricted Countries list; or allow, assist or encourage circumvention of any restriction put in place by us and/or any Casino in connection with any of the Restricted Countries. “Restricted Countries” include the territories indicated in the list below, which may be changed by us and shall be notified to you.
You will be solely responsible for any kind of operations of your website and the accuracy and appropriateness of materials posted on therein. You agree that your website will not, in any way, copy or resemble the look and feel of the sites, nor will you create the impression that your website is the one of the sites. You also agree that your website will not contain any content of the websites or any materials that are proprietary to our Affiliate Network. You will indemnify and hold the Btagmedia Affiliate Network harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees and expert witness fees) relating to the development, operation, maintenance, and contents of Your Site or any materials, products or services linked to therein. You hereby acknowledge that your performance as an Affiliate shall reflect on Btagmedia has the potential to cause substantial damage to Btagmedia’s reputation and goodwill and that you shall at all times consider the goodwill and reputation of Btagmedia’s name.
In addition, you should not by yourself, nor allow, assist or encourage anyone to do any of the following:
– Be involved or take any kind of participation in Spamming.
– Do any act that may reflect on the Btagmedia Affiliate Network goodwill and has the potential to cause substantial damage to Btagmedia’s reputation or to the goodwill of any Casino.
– In any way alter, affect or interfere with the operation or accessibility of the Casinos or any page thereof.
– Advertise and promote Btagmedia or any of the Casinos, directly or indirectly within any environment that could reasonably damage to the reputation of Btagmedia or any of the Casinos.
Communicate, engage, or become involved with any of the Casinos, in any way, without our prior written consent.
- Duties and Rights
We will track registration of your new Players and their gaming activity, and will calculate the amounts payable to you in accordance with payment plan you chose. We reserve the right to require the Casinos to refuse registration of new Players or to suspend the accounts of existing Players in our sole discretion in order to comply with any requirements we establish, including without limitation with regard to Fraudulent or/and unlawful activity, breach of the respective Casino’s terms and conditions.
We will pay you a revenue commission at the rate that you have chosen and agreed by us, generated by you as applicable.
All conversations (telephone calls, emails, Skype, ICQ or any other type of communication) between you and any representative of the Btagmedia Affiliate Network may be recorded, and you have agreed to such recording. We may use any recordings in events of misunderstanding or dispute and they will be treated in the strictest confidence.
We will provide you with remote online access to reporting system regarding Player activity and the Revenue Commission generated. The form, content and frequency of the reports will be subject to change in our discretion.
We are committed to keep secrecy and confidentiality of your identity and personal information. However, we are fully authorized to inform relevant authorities, other online casino operators, online service providers and financial institutes, such like banks, credit card companies, and online payment providers or other institutions of your identity and of any suspected unlawful, fraudulent or improper activity. You should cooperate with us to investigate any such activity.
- Proprietary Rights
We grant you a non-exclusive, revocable, non-transferable sublicense, to use any Logos and Trademarks solely for the display of the Promotional Material to use on your websites. This sublicense cannot be additionally sublicensed, assigned or transferred by you, unless we approve this right. Your right to use the Trademarks and Logos is limited to and arises only out of the sublicense herein granted. We reserve the right to terminate this sublicense for any reason whatsoever at any time without notice to you. Any balance in your account at the time of such cancellation may be credited to you, however, the Affiliate Network reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your account. This sublicense will be terminated automatically upon the termination of this Agreement for any reason. You shall not create or attempt to create any logo, trademark, trade name, design, domain name or similar identifying material that contain or/and confusingly similar to or are comprised of any Trademarks and Logos.
The marketing opportunity presented in our Affiliate Network is for commercial use only, and you, your family members, friends or associates may not make deposits, directly or indirectly, through any of your referral codes for your or their own personal use or to increase the amounts payable to you under this Agreement by any act which involves Fraud.
If you want to evaluate the system by making Deposits, please contact your affiliate manager before you will open any account via your referral code.
In case of violation of this rule, both Affiliate’s and Player’s accounts will be banned with a further full withdrawal of the balance. This rule is equally valid for players personally acquainted with the Affiliate.
- Cost Per Acquisition (CPA)
If the Affiliate is interested in the Cost Per Acquisition (CPA) commission plan, it shall contact its account manager to enable the plan. Otherwise, the CPA commission shall not get calculated.
Specific conditions which apply to the Affiliate’s CPA Reward plan will be set by the Affiliate’s account manager. The following general terms and conditions will apply to all CPA Reward plans (unless agreed to the contrary with the Affiliate’s account manager):
(1) In any event of a chargeback, credit or suspected underage gambler (proven or not verified to be over 18), such a player will not be considered for the purpose of the CPA plan, and any CPA Payment made to the Affiliate in respect of such Customer shall be deducted from future payments to the Affiliate.
(2) A CPA payment will be due and payable to the Affiliate in respect of a qualifying Customer only upon: (a) the first registration of such player in one of the Sites; (b) the depositing of the minimum required amount within a month since the registration date; and (c) the placing of the minimum stake. The depositing of any such minimum amount may be made once or in a cumulative manner within the first month upon player’s registration at a casino site. Any subsequent activities of such player in that Site or in other Sites, including playing different games in that Site or in other Sites will not entitle the Affiliate to any payment in respect of such activities. A CPA Payment will be paid to the Affiliate only once for each qualifying player, regardless of the number of Sites and/or number or type of games played by that player.
(3) Btagmedia Affiliate Network is a connection hub between gambling platform and affiliate as a result Btagmedia cannot guarantee any commission payouts to affiliate until profit is payed by gambling platform.
- Payments and Fees
Revenue Share payouts are carried out weekly, if an Affiliate has funds sufficient on the account balance. Payoffs are performed each Monday for the previous week (from Monday to Sunday inclusively). For the successful withdrawal, it is necessary to provide the correct payment data in the program.
Currently Btagmedia does not provide prepayments of the partnership interests.
The minimal payout amount for all methods is €100.00
If this minimum amount is not reached in a particular month, than the earned amount will be forwarded to the next month and so on, until the minimum amount is reached. In the calculation of Payment where the amount is negative, either due to Player Withdrawals or due to non-cashable items, the balance will be set to zero.
All payments will be paid in EUR.
We do not charge any fees, taxes or others costs from Affiliate payments. Therefore, it is the Affiliate’s sole responsibility to verify the fee per his/her preferred payment method. You will indemnify and reimburse us any costs, expenses and losses that are caused by wrong or incorrect information provided by you during the duration of this Agreement.
Percentages are subject to change without prior notice. You can view your actual percentage in your account.
A CPA payment plan is available only to an affiliate who has received personal agreement from his/her affiliate manager and may have specific CPA qualifications. With CPA payment plan, Affiliate will receive a one-time payment for every new Player that you refer to any of our Casinos. A CPA payment will be due and payable to you when a qualifying Player completes registration in the Casino, deposits the minimum required amount and meets the minimum player activity requirements as agreed with your affiliate manager.
To prevent Fraud activity connected with payments on CPA-based plans, the payment to an Affiliate for any CPA-based plan is issued once a month.
We also apply these rules and restrictions for any CPA-based plans:
- In case of a chargeback or credit occurs during payment period we reserve the right to deduct the amount of chargeback plus associated fees from Affiliate’s future payments and disqualify issuer’s (player’s) account from the purpose of CPA-based plan.
- Affiliate will qualify for CPA payment only upon Player’s first registration in Casino and if the total amount of Player’s deposits will reach minimum amount in respect to your CPA plan.
- CPA payment will be granted to Affiliate only once for each qualified Player.
If a Chargeback or Credit occurs during the fee payment-processing period the Btagmedia Affiliate Network reserves the right to deduct such amounts and the associated fees from the amounts due to an Affiliate from the Revenue Commissions.
In case of any dispute with calculations on Affiliate’s payment, the information based on our system records will be final and binding.
Btagmedia may change the terms of the payment plan chosen by Affiliate only after notice. Changes to the payment plan will take effect only after such notice.
We have the right to withhold all payment in all amounts because of suspicions in your Fraud activity or if you was involved in such activity, directly or indirectly, or the withheld amounts are related to this activity. If the Player is suspected in Fraudulent activity, we will be entitled to withhold any amount due to you in connection with such Fraud. All Payments you have already received from us in connection with Fraud will be deducted in all amounts from your future Payments. In addition, we will withhold all Payments in case of any financial activity between you and Player(s). Should your affiliate account get blocked, its balance is nulled in 30-day period upon its ban so as to be irrecoverable.
We have zero tolerance to web scraping (web harvesting or web data extraction) or content stealing. If we found any connection between you and such activity, we will immediately close your account in our Affiliate Network and/or transfer all your earned funds to the original content owner.
Account will be blocked and funds will be zeroed in case the funds on Partner’s balance aren’t withdrawn within 6 months. In case of inactivity in the next 6 months the account will be deleted from Btagmedia Affiliate Network.
We have the right to terminate this Agreement at any time and withhold any amounts due and payable to you due to breach of its terms or If we determine your participation in fraudulent activity
By submitting the application form to Btagmedia, an Affiliate will be deemed to have agreed to join and to be bound by the terms and conditions set out in this Agreement, and this Agreement will become valid and binding as between you and us. This agreement will stay in effect for so long as Affiliate Network makes this service available, unless this Agreement is terminated prior thereto in accordance with the terms contained herein. TERMINATION IS AT WILL, FOR ANY REASON OR FOR NO REASON, BY EITHER PARTY.
We reserve the right to cancel your account for any reason whatsoever at any time without notice to you.
Upon termination, all rights and licenses granted to the Affiliate in this Agreement shall immediately terminate. The Affiliate must immediately remove any reference to Casino and Casino’s Websites, Brands or Products from its site and disable any links from its site to same. Any balance in your account at the time of such cancellation may be credited to you, however, the Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your account.
- No Warranties
Btagmedia makes no express or implied warranties or representations with respect to the Affiliate Network, the Casino or payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Btagmedia makes no representation that the operation of its site (including service and tracking) will be uninterrupted or error-free. Btagmedia will not be liable for the consequences of any such interruptions or errors.
An Affiliate shall defend, indemnify, and hold The Casino and its electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any liabilities, losses, damages, and costs, including reasonable attorney’s fees.
- No Liability for Promoted Sites
We are not liable in any way, nor do we assume any responsibility for or make any representations or warranties with regard to, any of the Sites, their operations, contents or any other aspect related thereto.
- Limitation of Liability
We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Network, even if it has been advised of the possibility of such damages. Further, the Affiliate Network aggregate liability arising with respect to this Agreement and the Affiliate Network shall not exceed the total Commission paid or payable by Affiliate Network to the Affiliate under this Agreement. Affiliate Network obligations under this Agreement do not constitute personal obligations of its directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
- The Parties Relationship
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 Btagmedia Casino’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
We may disclose to you certain information as a result of your participation as part of the Affiliate Network, which information we consider to be confidential. Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.
- Acknowledgement and Independent Evaluation
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 AFFILIATES PLAYERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
- Amendments to Agreement
We reserve the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time without prior notice to you. Terms and Conditions posted on the Btagmedia Affiliate Network website are considered to be valid at the present moment. Terms and Conditions revision history is not conducted.
IF ANY AMENDMENTS ARE 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.
The English language version of this Agreement will prevail over any other language version issued by us.
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. IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by filling out Application form in our system.
The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
The Btagmedia Affiliate Network rights and remedies hereunder shall 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. The Affiliate acknowledges, confirms, and agrees 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 the Btagmedia Affiliate Network 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 the Btagmedia Affiliate Network respective rights and obligations shall be enforceable in equity as well as at law or otherwise.