Gaming1 Affiliates Terms & Conditions
It is important that you read our Terms & Conditions and that you agree to them before we commence our Affiliate Partnership.
By completing the affiliate application to the Gaming1 Affiliate Program (the "Affiliate Program") and clicking "Submit" on the form, you (hereinafter the "Affiliate") hereby agree to abide by all the terms and conditions set out in this agreement and this inclusive of the different commission structures applicable to the different products. All commission structures contained in Article 19 of this agreement shall be deemed to form an integral part thereof.
This Agreement shall enter into effect on the date the online Affiliate Registration Form is approved by the Affiliate Program.
ARTICLE 1 - Purpose
1.1 The Gaming1 Affiliate Program is run and operated via the website http://affiliates.gaming1.com.
1.2 The Affiliate maintains and operates one or more websites on the Internet (hereinafter collectively referred to as "the Website"), and/or refers potential customers through other channels.
1.3 This Agreement governs the terms and conditions relating to the promotion by the Affiliate of the Gaming1 Brands, (hereinafter referred to as "Our Brands."), whereby the Affiliate will be paid a commission as defined under this Agreement depending on the traffic generated to Our Brands subject to the terms and conditions of this Agreement and to the applicable product-specific Commission Structure.
1.4 Gross Revenue for any particular period of time shall mean the real money revenue generated by new referred customers as a result of them using the services on Our Brands.
1.5 Net Revenue” for any particular period of time shall mean Gross Revenue for the same period of time less bonus costs, charge backs, progressive jackpot contributions and processing fees.
ARTICLE 2 - Acceptance of Affiliate
2.1 The Affiliate Program shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in writing (email) whether the Membership Form is accepted or not.
2.2 The Affiliate Program reserves the right to refuse any registration in its sole and absolute discretion.
ARTICLE 3 - Qualifying Conditions
3.1 The Applicant/Affiliate hereby warrants that:
- He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.
- He/She is competent and duly authorised to enter into binding Agreements for the Affiliate and/or the Website.
- He/She is the proprietor of all rights, licenses and permits to market, promote and advertise Our Brands in accordance with the provision of this Agreement.
- He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of Our Brands.
- He/She fully understands and accepts the terms and conditions of the Agreement.
Article 4 - Affiliate Collusion and Fraud
4.1 The term 'Fraud' in reference to affiliate collusion is an attempt by an affiliate or group of affiliates to create fraudulent income with a coordinated effort. Collusion shall include, but is not limited to:
- coordinated bonus abuse in the attempt to collect affiliate income
- coordinated betting where such bets are made as an offset to collect commissions
- continual chargebacks by real money players for reasons of collecting commissions
- offering affiliates and/or players financial incentives for the purpose of gaining a rebate from your affiliate commissions
- duplicate affiliate and/or player accounts for the purpose of collusion
- any other act which, Gaming1 has determined through detailed analysis, is being used to collect fraudulent commissions
4.2 Rake Back schemes: Affiliates offering any so-called rake-back schemes or similar promotions that offer or allow a proportion of the players rake to be returned to the player in any form will be banned from sending traffic to Gaming1 — unless otherwise authorised in writing by the affiliate manager. Gaming1 will have the right to deduct money from the affiliate for traffic deemed to have been referred through "fraudulent means" and the affiliate's account will be frozen
4.3 Bonus Code Abuse: Bonus code abuse is strictly monitored & any affiliate using an unauthorised bonus code or promotional landing page that was not provided to them expressly to use either directly in person or via the public affiliate creative library will be dismissed from the affiliate Program with immediate effect and all commissions from traffic sent using this bonus code or promotional landing page will be withheld.
ARTICLE 5 - Responsibilities and Obligations of the Affiliate Program
5.1 The Affiliate Program shall provide the Affiliate with all information, links and marketing material required by the Affiliate for the implementation of the agreement.
5.2 The Affiliate Program shall administrate the turnover generated via the links and marketing material, record the net revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
5.3 The Affiliate Program shall pay the Affiliate the amount due depending on the traffic generated subject to the terms and conditions of this Agreement.
ARTICLE 6 - Responsibilities and Obligations of the Affiliate
6.1 The Affiliate hereby warrants and undertakes:
- To use its best efforts to actively and effectively advertise, market and promote Our Brands as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Affiliate Program as may be forwarded from time to time and/or accessible online.
- To market and refer potential players to Our Brands at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.
- To use only links and marketing material provided by the Affiliate Program via its affiliate software, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting.
- Not to change or modify in any way any link or marketing material without prior written authorisation from the Affiliate Program.
- To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
- Advertising methods such Popups and Popunders or similar are not accepted.
6.2 The Affiliate hereby warrants:
- That it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
- That it will not actively target any person who is under the legal age for gambling.
- That it will not actively target any jurisdiction where gambling and the promotion thereof are illegal.
- That it will not generate traffic to Our Brands by illegal or fraudulent activity, particularly but not limited to by:
- Sending spam.
- Incorrect meta tags.
- Registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Affiliate Program. Violation of this provision shall be deemed to be fraud.
- Encouraging the abuse of any bonus, free bet or promotion offered by Our Brands.
- That it will not present the Website in such a way that it might evoke any risk of confusion with Our Brands and/or the Affiliate Program and/or convey the impression that the web site of the contracting party partly or fully originated with Our Brands and/or the Affiliate Program.
- Without prejudice to the Marketing Material as may be forwarded by the Affiliate Program and/or made available online through the website http://affiliates.gaming1.com, Affiliates may not use Gaming1 Affiliates or other terms, trademarks and other intellectual property rights that are vested in the Affiliate Program unless the Affiliate Program consents to such use in writing.
6.3 The Affiliate is forbidden from promoting, online or offline, all the products found on http://affiliates.gaming1.com in the United States of America (USA), USA Territories. Any accounts opened from these countries will be closed and will not count towards commission purposes
ARTICLE 7 - Payment
7.1 The Affiliate Program agrees to pay the Affiliate a commission calculated on the Net Revenue generated from First Time Depositing Customers (FTDs) referred by the Affiliate Website and/or other channels. First Time Depositing Customers (FTDs) are those customers of the Affiliate Program who do not yet have a betting account and who access the website via the link to Our Brands and who properly register and make real money transfers at least equivalent to the minimum deposit into their betting account. The Commission shall be deemed to be inclusive of value added tax or any other tax if applicable. In the case of ESC Online, as from 01/09/2020, Affiliates must refer a MINIMUM of 5 First Time Depositing Customers (FTDs) in each calendar month to be eligible to receive any commission.
7.2 The commission shall be a percentage of the net revenue in accordance with what is set out in the Commission Structures for the particular product. The Net Revenue calculation is Brand and product-specific and it is set out in every Brand product-specific Commission Structure.
7.3 The commission is calculated at the end of each month and payments shall be performed by the 15th of each calendar month, provided that the amount due exceeds €50 ('Minimum Threshold'). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when it collectively exceeds the Minimum Threshold.
7.4 When Net Revenue for any particular month is negative, thus resulting in a negative commission amount due to the Affiliate, no commission shall be payable to the Affiliate in respect of that month and no negative balance shall be carried forward to the following month.
7.5 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, the Affiliate Program reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
7.6 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the Balance due for the period indicated.
7.7 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Affiliate Program on [email protected] and indicate the reasons of such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the Balance due for the period indicated.
7.8 The Affiliate Program may delay payment of any Balance to the Affiliate for up to sixty (60) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
7.9 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.
7.10 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
7.11 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Affiliate Program shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Affiliate Program in that regard.
ARTICLE 8 - Termination
8.1 This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
8.2 The Contracting Parties hereby agree that on termination of this Agreement
- The Affiliate must remove all references to Our Brands from the Affiliate's websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or otherwise.
- All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Affiliate Program
- The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination and to commissions which have been agreed to be payable to The Affiliate on a “lifetime” basis as long as Our Brands continue to receive revenue from players referred by the Affiliate even after the termination of this Agreement; however provided, the Affiliate Program may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. In the case of ESC Online, for customers who sign up as from 01/09/2020 onwards, commission is only payable for 3 years from the customer signup date.
- If this Agreement is terminated by the Affiliate Program on the basis of the Affiliate's breach, the Affiliate Program shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Affiliate Program due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Affiliate Program to the Affiliate.
- The Affiliate must return to the Affiliate Program any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
- The Affiliate will release the Affiliate Program from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of Confidentiality towards the Affiliate Program and Our Brands shall survive the termination of this Agreement.
ARTICLE 9 - Warranties
9.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its risk and that this Referral Program is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
9.2 The Affiliate Program shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of Our Brands’ website or the Affiliate Program.
ARTICLE 10 - Indemnisation
10.1 The Affiliate agrees to defend, indemnify and hold Our Brands and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
- Any breach of Affiliate's representations, warranties or covenants under this Agreement.
- Affiliate's use (or misuse) of the marketing materials.
- All conduct and activities occurring under Affiliate's user ID and password.
- Any defamatory, libellous or illegal material contained within Affiliate Site or Affiliate's information and data.
- Any claim or contention that Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.
- Third party access or use of Affiliate Site or Affiliate's information and data.
- Any claim related to Affiliate Site.
- Any violation of this Agreement.
10.2 The Affiliate Program reserves the right to participate, at its own expense in the defence of any matter.
ARTICLE 11 - Affiliate Program Rights
11.1 The Affiliate Program and/or Our Brands may refuse any player or close a player's account if it is necessary to comply with The Affiliate Program’s and/or Our Brands’ Policy and/or protect the interest of the Affiliate Program and/or Our Brands.
11.2 The Affiliate Program may refuse any applicant Affiliate and/or may close any Affiliate’s account if it is necessary to comply with the Affiliate Program’s Policy and/or protect the interest of the Affiliate Program. If the Affiliate is in breach of this Agreement or of Our Brands’ General Terms and Conditions or other rules, policies and guidelines of the Affiliate Program and/or Our Brands, the Affiliate Program may besides closing the Affiliate’s account take any other steps at law to protect its interest.
ARTICLE 12 - Governing Law & Jurisdictions
12.1 This Agreement shall be governed and construed in accordance with the laws of Malta and any action or dispute relating to this Agreement must be brought in Malta and the Affiliate irrevocably consents to the jurisdiction of the Malta law courts.
ARTICLE 13 - Force Majeure
13.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.
ARTICLE 14 - Relationship of the Parties
14.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party's employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
ARTICLE 15 - Severability / Waiver
15.1 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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
ARTICLE 16 - Confidentiality
16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Affiliate Program and/or GAMING1 shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of the Affiliate Program and/or GAMING1 has been obtained. This provision shall survive the termination of this Agreement.
16.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
ARTICLE 17 - Changes to this Agreement
17.1 The Affiliate Program reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on http://affiliates.gaming1.com and sent by email to all Affiliates.
17.2 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.
ARTICLE 18 - Trademarks
18.1 Nothing contained in this Agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the other party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party or of any Affiliate Program within the group of companies of the other party. Provided also that neither of the parties will register nor attempt to register any mark which is basically similar to and/or confusingly similar to any mark which belongs to the other party or to any Affiliate Program contained within the other party’s group of companies.
ARTICLE 19 - Commissions
GGR( BET – WIN )– TAX – BONUS – CHARGEBACK – FRAUD COSTS – PAYMENT PROCESSING COSTS (forfeit, 5%) – JACKPOT CONTRIBUTION – ANY COST RELATED TO PLAYER ACTIVITY- OPERATIONAL COST (40%)= NETREVENUE
|Net Revenue||Rate of Commission|
|0 – 15,000€||25 %|
|15,001€ – 30,000€||30 %|
|30,001€ +||35 %|
As from 01/09/2016 Revenue Share will be awarded on the Number of First Time Depositors per month, and Affiliates can earn up to 45% according to the table below
For ALL BrandsS except ESC Online the following will apply
|No of First Time Depositors||Rate of Commission|
|De 0 à 1||20 %|
|De 2 à 10||25 %|
|De 11 à 25||30 %|
|De 26 à 50||35 %|
|De 51 à 100||40 %|
|101 +||45 %|
Net Revenue Share is for the lifetime of the customer
As from 01/09/2020, the following will apply FOR ESC Online ONLY
A minimum of 5 FTDs must be reached for ANY COMMISSION to be paid
|No of First Time Depositors||Rate of Commission|
|De 0 à 5||0 %|
|De 5 à 10||25 %|
|De 11 à 25||30 %|
|De 26 à 50||35 %|
|De 51 à 100||40 %|
|101 +||45 %|
Net Revenue Share is paid for 3 years from Customer Sign Up Date for Customers signed up from 01/09/2020
These Terms and Conditions were last updated on 31/08/2020