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Affiliate Agreement

(hereinafter referred to as Agreement)

 

General Terms

iGaming company is a website that allows customers to engage with gambling conducted online. This includes but is not limited to slots, online sport betting.

 

Company means Biamo Partners (https://www.biamopartners.com) and the brands promoted in Biamo Partners — Company which provides marketing services. 

 

Affiliate is a webmaster (an individual or a company) that meets the conditions of the Affiliate Program at biamopartners.com, delivers new customers and in doing so promotes Company products.

 

Main brand of the Company is a set of components which define the Company and make it recognisable among the customers. 

 

Website or sources of the Company — one or several websites of the Company which contain full or partial name of the brand on the domain.

 

Company’s Products — services provided to the customers through Company’s sources.

 

Affiliate Program is a marketing agency that brings new customers to a website with the help of affiliate advertising. It’s a type of cooperation between the Company and the Affiliate carried through the Company’s resources, including www.biamopartners.com, where the Affiliate can promote Company’s services using its sources and get commission in return.

The basic principles of this cooperation are given below. Prior to joining the Affiliate Program as an Affiliate, you undertake to read, understand and accept the Terms and Conditions of the Affiliate Program.

 

Affiliate account is a uniquely assigned account created for an affiliate when they successfully register.

 

New customers are users who have no prior player accounts registered with the Company’s brands and are referred by the Affiliate through special marketing and advertising tools. Customer generated artificially is not considered to be user (e.g. user generated by automated tools, robots, spiders, scripts, including but not limited to  any other automated algorithms used to emulate behavior of a real player).

 

Referral link is a unique link containing Affiliate’s identifier and leading to Company’s website or resources.

 

Earnings is an amount earned by an Affiliate as a commission from the profit generated by the users brought by that Affiliate. Commission can be calculated based on Revenue Share, CPA or Hybrid models.

 

Reporting period is a  time period during which an Affiliate’s earnings become available for withdrawal to external payment systems. Payment is released after the check of the Users referred by the Affiliate in terms of compliance with the rules of the Affiliate Program and the Company. Default payment period equals to 1 (one) calendar month (unless otherwise is agreed with the Manager of the Affiliate Program).

 

Promotional tools is a set of text, graphic, audio, video and combined tools for the online promotion of the Company online.

 

Terms and conditions

1. General provisions

1.1. Prior to joining the Affiliate Program as an Affiliate, you undertake to read, understand and accept the Terms and Conditions of the Affiliate Program.

1.2. Only persons over 18 years of age can participate in the Affiliate Program. The Company is not liable to third parties for the Affiliate’s failure to comply with the clause on majority age. If this clause is violated, the Company has the right to refuse payment of the Earnings to the Affiliate and freeze the Affiliate account.

1.3. The Affiliate is fully responsible for the safety of their personal data including username and password. Affiliate Program bears no responsibility for the loss of personal data.

1.4. The Company is entitled to decline any Affiliate application to join the Affiliate Program, and the Company is under no obligation to explain the reason for the rejection.

1.5. The Company is entitled to make amendments to the existing Terms and Conditions. The existing Terms and Conditions are the Terms and Conditions displayed on the Affiliate Program website at the moment https://biamopartners.com/agrement.html.  Should the terms of the Affiliate Program be amended, Affiliates will be notified by the email address provided by them at the time of registration. In case Affiliate doesn’t agree with the present Terms and Conditions, Affiliate must stop participation in the Affiliate Program.

1.6. The Affiliate can register in the Affiliate Program once. Any type of multi accounting (including sub partner) is forbidden.

1.7. In case the Affiliate Program has grounds to believe that the Affiliate broke the present Agreement, it reserves the right to terminate and/or freeze the Affiliate’s account until the investigation is complete. In case the breach of the Agreement is confirmed the Affiliate Account is blocked without any prior notice.

 

1. Advertising materials

2.1. Cooperation between the Affiliate and the Affiliate Program implies distribution of advertising materials through the resources of the Affiliate.

2.2. The Affiliate is responsible to comply with the laws and regulations of the country where the materials are promoted. Only materials approved by the Company are allowed for promotion.

2.3. The Affiliate must provide the advertising materials for moderation and approval by the Company prior to distribution. Failure to comply with this requirement will result in effects mentioned in clause 2.8. of the present Agreement. 

2.4. The Affiliate is responsible for monitoring the relevance of the advertising materials. Irrelevant advertising materials are: false conditions for promotions, bonuses and special offers; outdated creatives; advertising materials with outdated Company logo; advertising materials using Company’s name or one of its brands and containing links to the competitors’ websites. In case of failure to comply with this clause the Company has the right to review the terms of the present Agreement and/or block the Affiliate account.

2.5. The Affiliate is fully and solely responsible for the contents of the resources used for the Advertising materials.

2.6. The Affiliate guarantees and undertakes to prevent usage of any materials that are slanderous, subject to age restrictions, illegal, harmful, threatening, obscene, racially or ethnically intolerant, or otherwise undesirable or discriminatory, violent, politically incorrect or otherwise contradictory to or violating the rights of the Company or the rights of third parties.

2.7. The Affiliate must not use any content or advertising material promoting the Company in the countries where the Company is not operating or where its operation is in the process of review. 

2.8. The Company is not not responsible for any claims from third parties related to the sources of the Affiliate, as well as any products and services related to such sources. In case advertising materials violating the present Agreement are found in the sources of the Partner, the Partner is to receive a request to immediately remove such materials. Partner must comply with the request within 5 (five) business days. In case the request is not processed in full within this time frame the Company reserves the right to block and/or freeze the account of the Affiliate in the Affiliate Program until the request is met. In case of multiple violations of this clause of the Agreement the Company reserves the right to revise the terms of cooperation with the Affiliate.

 

1. Traffic Sources

3.1. The Affiliate shall ensure and undertake that the information provided to the Company when completing the application form is complete, true and accurate in all respects as well as the information regarding the traffic sources.

3.2. Partner is liable for any intentional concealment of the traffic sources. Such actions may result in punitive measures towards the Affiliate including but not limited to block of the payments and revision of the terms and conditions of the present Agreement.

3.3. Company’s compliance and moderation department controls the relevance of the used traffic sources and its matching with the Company’s rules. The Affiliate can contact Support of the Affiliate Program for any clarifications.

 

1. Intellectual property

4.1. The Affiliate must not fully or partially copy the websites of the Company or its separate landing pages, as well as the websites of the brands and trademarks registered under the Company.

4.2. The Affiliate cannot use the logos, graphics and marketing materials of the Company without prior consent of the latter except for the materials received as a part of the Affiliate Program.

4.3.  The Affiliate agrees not to register or use in part the Company’s website address (domain), its internal pages and mobile applications, any variation of the name of the main Brand of the Company or other brands of the Company, which includes or consists of the name of any brand of the Company, or which to an extent of confusion is similar to the name of the Company’s trademark. The Affiliate agrees with the Company’s right to determine the likelihood of confusion.

4.4. The Affiliate shall not have the right to acquire/register/use keywords, search queries or other identifiers for use in any search systems, portals, advertising services or other search/reference services that are identical or similar to any trade names (trademarks) of the Company or of any other brand owned by the Company. These include meta tags on the Affiliate’s website that are identical or similar to any of the Company’s trade names (trademarks). The Affiliate shall not have the right to create pages and/or groups with any social networks (including, but not limited to Facebook, Twitter, etc.) that may be misinterpreted as pages or groups of the Company and/or the Company’s brands. The Affiliate also agrees not to create or distribute mobile or web applications, as well as websites that may be misinterpreted as applications or websites of the Company’s brands. 

4.5. In case of breach of cl. 4.1 — 4.4 of this Agreement, the Company has the right to review the terms of cooperation with the Affiliate.

 

1. Competition

5.1. Affiliate agrees not to place and distribute any promotional materials on behalf of the Company management, its employees and the Affiliate Program. Any communication on behalf of the Company is processed through official channels and email addresses of the Company mentioned on the website.

5.2. The Affiliates cannot get in touch with the potential customers in any way which might result in competition between the Affiliate and the Company in relation to the promotion of the website/websites.

5.3. The Affiliate cannot use email/sms/social media spam, contextual advertising using the brand name of the Company as well as such traffic formats as clickunder and popunder.

5.4. The Affiliate agrees to not motivate potential users (financially or in any other way) to register, top up or complete any other actions  without prior written consent of the Company, except for the cases with standard promotional activities which the Company can offer through the Affiliate Program from time to time.

5.5. The Affiliate cannot have a user account with the Company’s brand/brands providing services. In case of violation of this clause the Company reserves the right to terminate the Affiliate’s account in the Affiliate Program as well the user account in the Company’s betting and/or casino brand followed by full nonrefundable block of the funds of all accounts related. This applies to those individuals whose relationship with the Affiliate is determined.

5.6. The Affiliate cannot use cookie-stuffing, namely opening of the website through zero size iframe and invisible zone; and implementation of tags, cookie scripts and other manipulations. 

5.7. In case of violation of clauses 5.5-5.6. of the present Agreement the Company reserves the right to revise the terms of cooperation with the Affiliate and can terminate the Affiliate account.

1. Confidential information

6.1. During the term of this Agreement the Affiliate might be provided with confidential information related to the operation of the Company, technologies and the Affiliate Program (e.g. earnings and other commissions received by the Affiliate as a part of the Affiliate Program).

6.2. The Affiliate agrees not to disclose or transfer any confidential information to third parties unless the Affiliate has prior written consent from the Company. The Affiliate shall use confidential information only to achieve the objectives of this Agreement. The Affiliate’s obligations regarding confidential information shall survive after the termination of this Agreement.

6.3. In case of violation of cl. 6.1 — 6.2 of this Agreement, the Company reserves the right to terminate the Agreement with the Affiliate and apply penalties in accordance with applicable laws on protection of the confidential information.

 

1. Commission for referring new customers

7.1. The commission of the Affiliate for referring new customers is calculate based on Hybrid, CPA and Revenue Share models:

CPA (Cost Per Action) is a fixed payment agreed with the Manager of the Affiliate Program for the cumulative amount of deposits (baseline) paid by the referred new user provided the following KPI is met:

• Repeated deposits is no less than 70%

In case this KPI is not met per period, the commission of the Affiliate for such traffic source is calculated based on 50% Revenue Share.

Revenue Share is a percentage of the Net Gaming Revenue generated by the users referred by the Affiliate. The percentage is agreed with the Manager of the Affiliate Program. Negative balance from NGR is not carried over to the next period.

Hybrid is a model which implies a combination of CPA and Revenue Share. All above mentioned KPIs are applied as well.

7.2. In case:

• More than 5% of the Customers referred by the Affiliate within any time frame claim chargebacks (process of dispute being raised in regards to card payment — such dispute might be raised by both user and the emittent bank);
• Users referred by the Affiliate do not comply with the rules limiting the number of accounts under one player — multi accounting (more than one account for one Player of the iGaming Company);
•  Self-excluded players will be deducted from CPA based payout (only Revenue Share commission will be paid).
• Users referred by the Affiliate do not comply with the limitations towards carding, fraudulent activities, make opposing bets for the same sport events or break any rules of the iGaming Company including but not limited to provision of fake documents;
• There are any grounds to believe the breach of the rules of the Affiliate Program by the Affiliate;

Affiliate payments are frozen until the incident dispute is resolved, and commission for the referred Users noticed to breach the rules is not paid.

Affiliate earnings have no fixed amount and depend on the earnings of the iGaming Company from referred Users registered through the Referral link of the Affiliate as well as the quality of the traffic.

7.3. Immediately after registration each new Affiliate gets an opportunity to refer Users through Revenue Share model with differentiated percentage: starting 25%; more than 10 FTDs — 30%; more than 20 FTDs — 40%; more than 30 FTDs — 35%; more than 50 FTDs — 45%; more than 70 FTDs — 50%. All the rest commission plans are agreed with the managers of the Affiliate Program depending on the type of the traffic of the Affiliate and countries planned for promotion.

7.4. In case within 3 (three) consecutive calendar months Affiliate fails to refer 3 (three) new users, the Company can (but is not obliged to) change the terms of cooperation with the Affiliate including but not limited to reduction of the amount of fee to be received by the Affiliate, or suspension of the Affiliate account in the Affiliate Program. In individual cases, the question of termination of the current Agreement with the Affiliate may be raised. On the contrary, the Affiliate’s active actions in promoting the Company’s brands may become an occasion for improving the conditions of cooperation, in particular, increasing the amount of the fee. The Affiliate will be notified thereof by letter to the email address provided in the Affiliate Account.

 

1. Payments

8.1. Payment of the commission is processed within 3 (three) business days after the finish of the reporting period to the payment details provided by the Affiliate. The Affiliate acknowledges and agrees that the Affiliate Program relies on the payment details provided by the Affiliate and considers it accurate and true. The Affiliate is responsible to inform the Affiliate Program in regards to any changes in payment details. The Payment is released in case the balance of the Affiliate account is equal or above 50 (fifty) EUR. The Affiliate is responsible for payment of taxes and other fees applied to the Affiliate in the country of his/her tax residency.

In case the balance of the Affiliate account is lower than the minimal amount of 50 (fifty) EUR the amount is automatically added to the next period until the minimum amount is reached. Negative balance is not carried over to the next period.

8.2. The Affiliate Program has the right to withhold the payment to the Affiliate for up to 2 (two) months in case of unforeseen technical failures of the Affiliate Program. In case the traffic sources of the Affiliate are to be checked the payment of the commission might be withheld for the entire period required for the check. In case of payment delay the Affiliate can get information on the reason for such through the personal Manager of the Company — representative of the Affiliate Program.

 

1. Disputes

9.1. The Affiliate may challenge any decisions of the representatives of the Affiliate Program. For this purpose, the Affiliate shall contact the Affiliate Program Support Service and state its arguments. 

9.2. All information shall be provided by the Affiliate only in writing to the official e-mail of the Affiliate Program Support Service. The contact details of the Support Service are given on the website of the Affiliate Program. 

9.3. The Affiliate Program Support Service shall have the right to refuse to consider a complaint if the Affiliate fails to provide evidence of the absence of violation. 

9.3. The term for consideration of a complaint shall be 14 (fourteen) business days from the date of its receipt. 

9.4. Subsequent to considering the complaint, any decisions made by the Company regarding the Affiliate Program are final and not subject to revision. The Company reserves the right to delete any communications containing profanity, insults, incitement to violence or false accusations, and, to duly suspend cooperation with the Affiliate responsible for such communications.