This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between, Revenue Masters (“Us” or “Our” or “We”) and the individual or organization (the “Affiliate” or “You” or “Your”) participating in Revenue Masters Program (the “Program”).
Enrolment in the Affiliate Network
- To become an affiliate of Revenue Masters you must register as an affiliate by completing the online form. By registering as an affiliate, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.We will evaluate Your application in good faith and will notify You of Your acceptance or rejection in a timely manner.
- We may reject your application, or terminate this agreement, if your site is deemed unsuitable.Unsuitable sites may include those that: promote sexually explicit materials, are targeted towards children or minors, promote violence, promote discrimination based on religion, race, nationality, sex, creed, disability, sexual orientation, promote illegal activities, or violate intellectual property rights. This also includes: Infringe trademark rights of Ours or any third party. This includes stolen content, design that may violate the rights of any third party
- By submitting an application to be registered as an Affiliate, You:
- Warrant that You are over the age required by law in Your jurisdiction for entering into a legally binding contract and that You are not aware of any lawful impediment precluding You from entering into this agreement;
- Warrant that the information with which You provide Us upon registration is complete, current, valid and honest;
- Warrant that, In the event that You are registering a juristic or corporate entity as an Affiliate, You have the full right, power and authority to enter into this Agreement on behalf of such entity;
- Agree to these terms and conditions by clicking the “Submit” button on our Affiliate
- On submitting Your Program Application, You will provide Us with the main domain(s) You intend to use for marketing in this program (“Proposed Domain Names”) and upon request by Us, provide information on all other sites. Failure to advise of a domain that you have used may be cause to terminate your affiliate account.
- The Company reserves the right to request any relevant documentation from you in evaluating your application for any reason, including (but not limited to) verifying your identity, registration details (such as company name and address).
- We shall compare application information with domain name registration information where need be.
- Affiliates shall not attempt to open more than one Affiliate account without prior written consent from the Company
- It is your responsibility to keep your affiliate login and password secure. We are not responsible for any losses that may arise from anyone accessing your account.
Setting up links and promotions
- If you are accepted into the Program, the Company will make available to you banner advertisements, button links, text links and other content as determined by the Company which will be associated with you on the Company’s system, all of which shall relate and link specifically to the Sites (collectively referred to hereinafter as the “Links”). You may display such Links on your Affiliate Website(s) provided that you: (i) only do so in accordance with the terms of this Agreement; and (ii) possess the legal right to use the Affiliate Websites
- In the event you desire to offer certain incentives to potential Referred Players, you are required to receive Our prior written approval for such incentives prior to Your commencement of such activity. And in the event You do not receive such approval and offer such incentives, You shall not be permitted to receive any commissions generated on account of Referred Players who have become such in connection with the unapproved incentives.
- In Using the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links.
- You may not modify a Link, unless You have received prior written consent from us to do so. If the Company determines that your use of any Link is not in compliance with the terms of this Agreement, it may take measures as to render such Links inoperative. You may not advertise the Sites in any way not approved in advance by the Company in writing.
- You are not authorized to use any software such as spiders, algorithms or bots to crawl, page-scrape or access any of our brands websites or affiliate program websites.
- You may not advertise Our sites in any other way including, without limitation, the use of spam e-mails.
- As an Affiliate, You will be responsible for promoting the Participating Sites by implementing the advertising banners and special tracking URL’s (provided by Us and identifying all traffic generated by You as having been directed to Us by You) on Your Sites, in Your e-mails and in other communication.
- Only properly tagged Players can be assigned to an Affiliate. Should Your tag be improperly inserted into marketing material, whether Your Site or otherwise, or not properly received by the Our servers, the resulting Player registration and purchases will not be assigned to You.
- You must ensure that any materials such as banners on your website(s) are not violating copyright or Intellectual property.
- We are not responsible for loss or injury caused by negligent use of our creatives or our links, whether they are dated or outdated.
- We will not be liable for interruptions or errors caused by our websites and systems.
Leads and Money Players
- Revenue Masters assumes ownership of potential Players at point of first official contact with the visitor referred by You.
- You act as a referring agent for Revenue Masters in this regard. We reserve the right to refuse Players (or to close their accounts) if necessary to comply with any requirements that may periodically be established.
- A “Lead” is a distinct internet user who, during the term of this Agreement: (i) accesses one of the Sites within the Revenue Masters Program directly through a Link which is published by you on your Affiliate Website(s) or otherwise distributed by you in accordance with this Agreement; and (ii) then registers a new user account with that Site; and (iii) deposits to that account an amount at least equal to the minimum deposit limit required for the Site. For the avoidance of doubt, an internet user shall not qualify as a Lead for a Site if that user has previously registered an account with that Site.
- A “Money Player” is an internet user that qualifies as a Lead, and in addition:
23.1 in respect of CPA trackers and where there is a CPA component in a hybrid tracker: meets any other qualification criteria based on gaming activity/minimum deposit requirements which the Company may apply from time to time,or
23.2 in respect of revenue share trackers, makes a real money bet on any of the Sites.
- Neither you nor any of your relatives (or where the person entering into this Agreement is a legal entity, neither the directors, officers nor employees of such company or the relatives of such individuals) are eligible to become Leads or Money Players. Should you or any of your relatives attempt to do so the Company may terminate this Agreement and retain all Commissions otherwise payable to you. For the purposes of this clause, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. For the avoidance of any doubt, Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. Revenue masters, in its sole discretion will determine the classification of any referral as a “Self-Referral.” Please note that this self-referral also includes sub-affiliate self-referrals, Meaning, no affiliate is permitted to sign-up through their own Sub-Affiliate tracking link for the purpose to earn revenue from their own affiliate account.
- *Please note we have a strict no “self-referral” policy, meaning no affiliate is permitted to sign-up through their own Affiliate tracking link for the purpose to earn revenue from their own player account.
- *Please note our strict no “self-referral” policy, also includes sub-affiliate self-referrals. Meaning no affiliate is permitted to sign-up through their own Sub-Affiliate tracking link for the purpose to earn revenue from their own affiliate account.*
- The number of Leads per individual household computer, tablet device and mobile device is strictly limited to one.
- You acknowledge and accept that the Company’s calculation of the number of Money Players and amount of Gross Revenue shall be the sole and authoritative measurement and shall not be open to review or appeal. The Company shall notify you of the number of Money Players and amount of Gross Revenue through the Revenue Masters Site. It should be noted that the Revenue Masters Site is intended for informational purposes only, on an “as-is” basis and is not to be relied upon for any other purpose, including calculation of Commission as it is provided on a dynamic basis. In case of discrepancy between the data provided through the Revenue Masters Site and the Company’s records, the Company’s records shall have priority
- To ensure accurate tracking, reporting and Commission accrual, you are responsible for ensuring that the Links between your Affiliate Websites and the Sites are properly formatted throughout the term of this Agreement.
- Revenue Masters will pay commissions as published on our website, www.revmasters.com. If the scheme that applies includes a revenue share component, you will receive the applicable share of Gross Revenue as such term is defined below (Paragraph 31).
- The Company reserves right to offer different commission structures and revenue models in respect of different affiliate partners. The revenue model can be changed from CPA or Revenue share or vice-versa should the company deem applicable.
- The Company retains the right to review all commissions for possible Fraud, whether such Fraud is on the part of the Money Player, on the part of a Sub-Affiliate, or on your part. In any period of time during which the Company reviews commissions for possible Fraud, such review period not to exceed 180 days, the Company shall have the right to withhold any commission accrued in your favor, such Commissions not to be paid until such time as the review has been concluded. Any incidence of Fraud on your part constitutes a breach of this Agreement. In case of such breach, the Company retains the right to terminate this Agreement immediately and you shall not be entitled to receive any Commissions which have accrued to your benefit at such time in relation to same whether such Commissions were generated through Fraud or otherwise. The Company also retains the right to set-off from future Commissions payable to you any amounts already received by you which can be shown to have been generated by Fraud.
- Net Revenue is defined as:
33.1 On Sportsbook & Racebook activities: all gross monies from bets made less; monies paid out as winnings, fraud, Chargebacks, bonuses, processing costs, and other incentives offered to the Referred Player.
33.2 On Casino activities: total wagers made by Referred Players less; payouts, progressive contributions (on network progressive games only), Chargebacks, bonuses, fraud, processing costs and other incentives offered to the Referred Player as well as vendor costs as determined from time to time by Us.
- In consideration of your provision of the marketing services in accordance with the terms of this Agreement, the Company shall pay you the Commission on a monthly basis, within approximately 30 days after the end of each calendar month. Payments of Commission shall be made directly to you as per your preferred payment method and to the account detailed by you as part of your application process (the “Payment Account”). It is your responsibility to ensure that the details provided by you are both accurate and complete and the Company will have no obligation whatsoever to verify the accuracy and completeness of such details. In the event that you provide the Company with incorrect or incomplete details or you have failed to update your details and as a result your Commission is paid to an incorrect Payment Account, the Company shall cease to be liable to you for any such Commission.
- The Company reserves the right to request that you provide the Company with written documentation verifying all your beneficiaries and your Payment Account at any time, including upon registration and when you make any change to your Payment Account. The Company is not obliged to make any payments until verification is completed to its satisfaction. If the Company believes at its sole discretion that you have failed to provide it with such verification, the Company retains the right to terminate this Agreement immediately and you shall not be entitled to receive any Commission which has accrued to your benefit up until such time or thereafter.
- Where Commission is payable on a revenue share basis as set out above, the Company will apply a negative balance carry-over policy (the “Policy”). The Policy provides that: (i) in calculating the total Commission amount owed to you in a calendar month, the Company shall calculate all Commissions, both positive and negative, generated by Money Players via the Sites; and (ii) if at the conclusion of a calendar month the Commission generated by Money Players via the Sites is a negative amount, the Company shall deduct such negative amount from the Commission calculation for the subsequent calendar months until such time as the negative balance has been fully set-off against future positive Commission amounts generated or any other payment payable to you by any entity in the Company’s group. For the avoidance of any doubt, Revmasters will not bundle revenues (or negatives) between our different brands. If you are negative in one brand, this will not affect any other brand at any time.
- If the Commission to be paid to you in any calendar month is less than $300 (the “Minimum Amount”), the Company shall not be obliged to make the payment to you and may postpone payment of this amount and combine this with a payment for a subsequent month(s) until such time as the total Commission is equal to or greater than the Minimum Amount. It is up to You to check the relevant minimum amounts per payment processing method, as well as their costs associated with them.
- The Company reserves the right, at its sole discretion, to immediately cease any or all marketing efforts in certain jurisdictions and you shall immediately cease marketing to persons in such jurisdictions. The Company will not be liable to pay you any Commission which would have otherwise been payable to you under this Agreement in respect of such jurisdictions.
- If any Affiliate refers a Sub-Affiliates to the Program, that Affiliate shall be entitled to a Referral Commission. Referral Commission rates can be found on our website www.revmasters.com.
- For a Sub-Affiliates referral to be valid, that Sub-Affiliate may not be directly or indirectly owned or controlled by that referring Affiliate or by any member of the referring Affiliate’s immediate family. The referring shall not be entitled to any Referral Commission under this Agreement in respect of any such connected Sub-Affiliate.
- We reserve a right to terminate and confiscate earnings generated by Affiliates that generate CPAs fraudulently by referring family members, friends and fake accounts to benefit from CPA revenue model.
- If the referred affiliate account becomes suspended or is in violation of any of the operating terms, earnings to the sub-affiliate account will cease.
- If you are accepted on to the Revenue Masters Program, the Company will grant you a non-transferable, non-exclusive, non-sublicensable, limited, revocable licence to place the Links on your Affiliate Websites during the term of this Agreement, and solely in connection with the Links, to use the Company’s and its Group Companies and affiliates’ logos, trade names, trade marks, service marks and similar identifying material as contained in the Links (collectively, “Licensed Materials”), solely for the purpose of promoting the Sites.
- You are not permitted to alter, modify or change the Licensed Materials in any way whatsoever.
- You may not use any Licensed Materials for any purpose whatsoever other than promoting the Sites, and in any event, you may not use the Licensed Materials without first submitting a sample of your proposed use to the Company and receiving its prior written consent to such use.
- You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays the Company or any third party negatively.
- The Company and its licensors own all of the Intellectual Property Rights in the Licensed Materials and Links, and you hereby irrevocably assign to the Company all present and future Intellectual Property Rights and other rights relating the Licensed Materials and Links, and will execute any and all such documents as may be necessary to transfer and/or assign to the Company any such rights.
- The Company may revoke your licence to use the Licensed Materials and Links at any time by written notice to you, whereupon you must immediately destroy or deliver up to the Company all such materials as are in your possession. You acknowledge that, except for the licence which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or your activities hereunder. The aforementioned licence shall terminate upon the termination of this Agreement.
Obligations Regarding Your Affiliate Websites and Marketing Materials
- You will be solely responsible for the technical operation of your Affiliate Website(s) and the accuracy and appropriateness of materials posted on your Affiliate Website(s).
- You agree that your Affiliate Website(s) will not, in any way, copy or resemble the look and feel of the Sites (or any part thereof or any websites of the Group Companies), nor will you create the impression that any of your Affiliate Websites are any of the Sites (or any part thereof or the websites of any of the Group Companies) or are owned and/or operated by the Company or any of the Group Companies.
- If the Company receives a complaint that you have been engaging in any Prohibited Practices and/or sending spam messages or unsolicited messages, you hereby agree that it may provide to the party making the complaint any details required for the complaining party to contact you directly in order for you to resolve the complaint. The details which the Company may provide to the party making the complaint, may include your name, email address, postal address and telephone number. You hereby warrant and undertake that you will immediately cease engaging in Prohibited Practices and/or sending spam messages (as applicable) and make every effort to resolve the complaint. In addition, the Company reserves all of its rights in this matter including without limitation the right to immediately terminate this Agreement and your participation in the Revenue Masters Program and to set off or charge you for all claims, damages, expenses, costs, or fines incurred or suffered by the Company or any Group Companies in relation to this matter. Nothing stated or omitted herein shall in any manner prejudice any such rights.
- You will ensure that your Affiliate Websites and any related marketing materials or communications comply with all Applicable Laws, do not contain any spyware, adware or other unwanted threats and do not infringe any right of any third party, including Intellectual Property Rights, whether directly or indirectly.
- You hereby acknowledge that your conduct as an Affiliate has the potential to cause substantial damage to the Company’s and the Sites’ reputation and goodwill, and you undertake at all times to consider the goodwill and reputation of the Company and the Sites and to act in an appropriate manner.
- The term of this Agreement shall commence upon your acceptance of the terms and conditions of this Agreement as set out above, and will continue in force until terminated in accordance with its terms by either party.
- At any time, you may immediately terminate this Agreement by giving us written notice of termination (via fax or e-mail). RevMasters may terminate this agreement with cause. For the avoidance of any doubt, Revmasters can terminate this agreement if the Affiliate has found to engage in Prohibited Practices and requests to cease such activities have been ignored.
- In the event that you do not log into your account for 90 consecutive days, we will attempt to contact you 4 times over a four week period. If we do not hear from you we will suspend your account pending future correspondence. For the avoidance of any doubt, once we hear from the affiliate, the account will be reactivated and all monies owed will be paid in the following payment cycle.
- Following termination of this Agreement, the Company may withhold the final payment of any Commission otherwise payable to you for up to 90 days to ensure that the correct amount of Commission is paid.
- Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Affiliate Website(s), all Links and Licensed Materials and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licensed or created by the Company and/or provided by or on behalf of the Company to you pursuant to this Agreement. Following the termination of this Agreement and the Company’s payment to you of all Commissions due at such time of termination, the Company shall have no obligation to make any further payments to you.
- The Company may modify any of the terms and conditions contained in this Agreement, at any time at its sole discretion. If terms are changed, affiliates will be advised accordingly by email. You agree that continuing to promote our sites following the change in terms is considered your acceptance of these changes.
- Modifications may include, but are not limited to, changes to the list of the Sites, the scope of available Commission fees or schedules and payment procedures. If any modification is unacceptable to you, your sole recourse is to terminate this Agreement and your continued participation in the Revenue Masters Program.
Limitation of Liability
- Nothing in this clause shall exclude or limit either party’s liability for death or personal injury resulting from such party’s gross negligence or for fraud, fraudulent misstatement or fraudulent misrepresentation.
- The Company shall not be liable (in contract, tort (including negligence) or for breach of statutory duty or in any other way) for any:
(i) actual or expected indirect, special or consequential loss or damage;
(ii) loss of opportunity or loss of anticipated savings;
(iii) loss of contracts, business, profits or revenues;
(iv) loss of goodwill or reputation; or
(v) loss of data.
- The Company’s aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the total Commission paid or payable to you under this Agreement.
Relationship of Parties
- You and the Company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
- THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM INFORMATION SITE (INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, THE COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OF THE SITES OR THE REVENUE MASTERS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
- You hereby represent and warrant to the Company that:
(i) you have accepted the terms and conditions of this Agreement, which creates legal, valid and binding obligations on you, enforceable against you in accordance with their terms;
(ii) all the information provided by you in your Application is true and accurate;
(iii) your entering into, and performance of your obligations under, this agreement will not conflict with or violate the provisions of any agreement to which you are party or breach Applicable Laws;
(iv) you have, and will have throughout the term of this Agreement, all approvals, permits and licenses (which includes but is not limited to any approvals, permits and licenses necessary from any applicable Regulator) required to enter this Agreement, participate in the Revenue Masters Program or receive payment under this Agreement;
(v) if you are an individual rather than a legal entity, you are an adult of at least 18 years of age;
(vi) you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfill your obligations hereunder without violating any Applicable Laws.
- The Company may disclose Confidential Information to you as a result of your participation as an affiliate.
- You may not disclose any Confidential Information to any other person. Notwithstanding the foregoing, you may disclose Confidential Information to the extent: (i) required by law; or (ii) the information has come into the public domain through no fault of your own.
- You shall not make any public announcement with respect to any aspect of this Agreement or your relationship with the Company without the prior written approval of the Company.
- You hereby agree to indemnify, defend and hold harmless the Company, its shareholders, officers, directors, employees, agents, Group Companies, successors and assigns (the “Indemnified Parties”), from and against any and all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, any of the Indemnified Parties , as a result of or in connection with:(i) supply of the services provided by you under this Agreement;
(ii) any breach by you of clauses 2, 3, 4, 6 7 or 15;
(iii) any claim related to your use of the Links or Licensed Materials or promotion of the Sites, on the Twitch Platform;
(iv) any breach by you of any of the representations or warranties made by you under this Agreement;
(v) the development, operation, maintenance, and contents of your Affiliate Websites or any materials, products or services linked to therein;
(vi) a breach by you of any other provisions of this Agreement; and
(vii) any claim related to your entitlement to use or the display of the Links or Licensed Materials on the Affiliate Website.
- The provisions of this clause 16 shall survive termination of this Agreement howsoever arising.
- The provisions contained in this Agreement and your Application constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and no statement or inducement with respect to such subject matter by any party which is not contained in this Agreement or the Application shall be valid or binding between the parties.
- You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all of its terms and conditions. You have independently evaluated the desirability of participating in the Revenue Masters Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
- This Agreement will be governed by the laws of Cyprus. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 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 a provision or any other provision of this Agreement.
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.