LCKY Group Affiliates marketing agreement
02 April 2025
Important
Please read this Agreement carefully before you accept it. Once you accept this Agreement it becomes binding upon you / the organisation (‘Partner Company’) that you represent. If you do not have the right to represent the Partner Company, or if you do not wish to accept all the terms and conditions of this Agreement, then you must not accept this agreement, you must not complete the Registration Form and you must not link to the Service (as defined below) OR, if you already have done so, you should contact us immediately. You should print and store this Glitnor Group affiliates Marketing Agreement and the complete the Affiliate Signup Form.
General provisions
1.1.This Agreement is between Glitnor Group Affiliates part of Glitnor Marketing Limited, a company registered in Gibraltar, with company registration number 117 406, at office address Suite 7, Hadfeild House, Library Street, Gibraltar, GIB 001 (referred to in this Agreement as “ Glitnor Group Affiliates” or “Glitnor”) and the individual or entity stated as ‘Partner Company’ in the Affiliate Signup Form.
1.2. Reference to the ‘Partner Company’ or ‘you’ or ‘your’ is a reference to the person or company identified by name in the affiliate signup form.
1.3. If the information provided in the Affiliate Signup Form is not true or not correct or if the person submitting the Affiliate Signup Form is not authorised to act on behalf of the Partner Company, then without prejudice to any other actions that may be available to Glitnor Group affiliates the person submitting the Affiliate Signup Form shall be bound by this Agreement and all the references to ‘Partner Company’ in this Agreement shall be references to the person who submitted the Affiliate Signup Form and/or on whose behalf the said Form is submitted.
1.4. You declare that you are over 18 years of age.
1.5. You and the Partner Company declare and warrant that the information that you provided in the Affiliate Signup Form is true, complete and correct. You shall notify Glitnor immediately of any change in the information provided in the Affiliate Signup Form.
1.6. You agree that Glitnor may, at its discretion, carry out verification checks of you and require you to provide certain documents for verification purposes. You agree that you will, when requested, promptly provide documents for the purposes of proof of identity, proof of residence and address, proof of age as may be necessary, in particular: where the Partner Company is a physical person, you will provide upon request a copy of the official identification document with your photo, document proving your age and your address (such as a utility bill or a bank statement showing your name and address); or in all other cases you will provide a copy of the certificate of incorporation or similar, statue or constituting documents showing shareholders and directors of the entity, certificate of good standing or similar, utility bill or bank statement showing the company name address.
1.7. The Agreement becomes binding upon the Partner Company once you indicate in the Affiliate Signup Form of your acceptance of this Agreement and / or link to any part of the Service as defined in clause 2 of this Agreement.
1.8. This Agreement may be amended from time to time by Glitnor by notifying the Partner Company either by email or by posting a new version of the Agreement on Glitnor’s website. In case of an amendment dealing with changes of legislation or regulatory policies, security requirements, detection or prevention of illegal activities (such as fraud) or similar matters, the amendments shall become binding on you immediately upon notification. In other cases an amendment becomes binding after 7 days from notification. It is your sole responsibility to check Glitnor’s website to ensure that you are aware of the latest version of the Agreement. If an amendment to this Agreement is not acceptable to you, your sole remedy is to terminate this Agreement. Your continued acting under this Agreement and/or promoting the Service signifies your approval and acceptance of the amendment.
1.9 You undertake to carry out your obligations under this Agreement only for the commercial purposes intended herein, i.e. to promote the Participating Sites, and for no other purpose whatsoever (whether for hedging purposes of otherwise).
1.10 Unless explicitly stated otherwise in any of the supplementary rules, in case of any discrepancy between the supplementary rules and the above-mentioned Glitnor Group affiliates Marketing Agreement, the provisions of this Glitnor Group affiliates Marketing Agreement shall prevail.
1.11 For the purposes of this Agreement, the terms “controller”, “data subject”, “personal data”, “process”, “processing” and “processor” shall have the meaning given to them in the General Data Protection Regulation ((EU) 2016/679),) (“GDPR”).
Definitions and interpretation
2.1. In this Agreement the following words and phrases shall have the meaning stated below:
2.1.1. “Agreement” means this Glitnor Group affiliates Marketing Agreement, as may be modified, the Affiliate Sign-Up Form and all supplementary rules (which include rules, policies, guidelines) that may be provided by Glitnor from time to time by email or generally on Glitnor’s website https://glitnoraffiliates.com/ or by a link to another website, which all form an integral part of this Agreement.
2.1.2. ‘Service’ under this Agreement means any service offered on any of the Participating Site(s) as defined below.
2.1.3. ‘Participating Site(s)’ means all sites mentioned on the Glitnor Group affiliates website; which are website(s) owned and operated by Glitnor Marketing Limited and/or websites Glitnor is authorised to promote. Additional websites may be added by Glitnor and you can accept to promote them by expressly activating your account for these websites. Once you do so, such additional websites will be automatically included as another “Participating Site” under this Agreement.
2.1.5. “Player” means any person using the Service of any of the Participating Sites.
2.1.6. “Referred Player” means any Player, not being a Player previously registered at any of the Participating Sites, who as a result of an independent effort of the Partner Company, (1) has been referred to any of the Participating Sites by the Partner Company, and (2) has properly registered and opened an account with any of the Participating Sites, as may be required by Glitnor Marketing Limited operating the Service, and (3) has been verified and accepted as a Player at any of the Participating Sites, and (4) has fulfilled any qualification conditions as may be prescribed by Glitnor Marketing Limited operating the Service, and (5) has made the first real money deposit into the said account, as determined solely by Glitnor on the basis of information registered on the relevant Participating Site’s or Glitnor’s system, and (6) has not become a Dormant Player. For the avoidance of doubt, once the Player becomes a Dormant Player, he/she permanently ceases to be a Referred Player under this Agreement, (7) Referrals of affiliate principals, business partner(s), family or friend will not be considered a Referred Player.
2.1.7. “Players’ Data” shall mean any information about Players, whether arranged in a database or otherwise, including but not limited to their contact data and other personal data, and “Player’s Data” shall be construed accordingly.
2.1.8. “Partner Commission” shall mean the amount due to the Partner Company for the services rendered under this Agreement, calculated as provided in clause 5 of this Agreement.
2.1.9. ‘Partner Website’ shall mean the website or websites stated under ‘Website’ in the Affiliate Signup Form and as many as may be added or amended from time to time. ‘Partner Website’ also encompass any other website which host links to one or more Glitnor Group Brands where such links pass referral information associated with the partner company.
2.1.10. ‘Partner Services’ shall mean the services undertaken under this Agreement by the Partner Company as stated in clause 3.1. herein.
2.1.11. ‘Commission Account’ shall mean the account that the Partner Company opens on Glitnor’s or other Glitnor Marketing Limited . system, as may be decided by Glitnor, into which the Partner Commission is paid to the Partner Company.
2.1.12. “Net Revenue” for any particular period of time shall mean Gross Revenue for the same period of time less bonuses, delta jackpot contribution (gives positive contribution when jackpot is won), gaming taxes and Service fee. Quarantined players, should there be any, will not effect the commission until cleared from quarantine.
2.1.12.1 “Quarantined players” means any player that that has generated a negative Net Revenue of -€5,000 or lower in a single period. Big Winners will be put in Quarantine until the individual balance of the player is 0 and will not effect commission negatively in the period which the player was quarantined.
2.1.12.2 Service fee include licensing fees, payment handling fees, chargeback fees and chargeback costs. With chargeback fees and chargeback costs out of the ordinary Glitnor Group affiliates reserve the right to apply additional deductions unless deemed fraudulent which would be a breach of contract.
2.1.13. “Gross Revenue” for any particular period of time shall mean the real money revenue generated by the Referred Players as a result of them using the Service on the Participating Sites.
2.1.14. “Partner Brand” shall mean a brand, trademark, trade name or a domain name, being operated as a skin or a white label on any of the Participating Sites, as may be amended from time to time by Glitnor. For the current list of Partner Sites please click here. It is your responsibility to check the current list of Partner Sites by checking the latest version of this Agreement as published on Glitnor’s Website.
2.1.15. “Dormant Player” shall mean a Player who, after becoming a Referred Player, has not made any deposit into his player account with any of the Participating Sites within 6 months of registration, also shall mean a player were no login has been recorded within a six (6) month period, the Company reserves the right to retain any active account balance which will be forfeit to and non-refundable by Glitnor Marketing Limited.
2.1.16 “Dormant Fee” – any balance from a dormant player account which has been confiscated.
2.1.17 “Related Company” shall mean a company involved in the same general corporate or day-to-day operational structure as Glitnor Group Affiliates or any of the Partner Brands.
2.1.18 “Dormant Commission Account” shall mean a commission account where no login has been recorded for six (6) months. Glitnor Group Affiliates reserve the right to remove balance of commission account, this amount will be forfeit to and non-refundable to the Affiliate Commission Account holder.
2.2. Clause headings are for information purposes only.
Rights and Obligations of the Partner Company
3.1. The Partner Company shall carry out marketing, advertising and promotion of the Participating Sites and refer prospective Referred Players to the Participating Sites via the Partner Website and any other channels including but not limited to email and SMS messaging (“Partner Services”) in accordance with the terms and conditions of this Agreement. Affiliates are permitted to send emails and SMS communications that include content related to their own websites and offerings. However, affiliates are prohibited from sending direct marketing emails or SMS messages that exclusively feature or promote our brands without the inclusion of their own products or services. All marketing communications must comply with applicable regulations and our established guidelines to ensure transparency and accuracy.
3.2. The Partner Company shall perform Partner Services actively, effectively, with the best of its ability with the view of making the Service a successful long-term venture and maximizing the benefit for Glitnor and the Partner Company.
3.3. The Partner Company shall provide space for banners and links promoting the Service on the Partner Website and, if approved by Glitnor Marketing Limited , on other websites and media channels.
3.4. Unless specifically agreed otherwise, all marketing material to be used by the Partner Company for carrying out the Partner Service shall be provided by Glitnor at no cost to Partner Company.
3.5. Subject to its obligations under clauses 3.6, 3.7, 3.8, 3.10, 3.11 and 3.14, the Partner Company shall carry out its Partner Services as it deems appropriate and effective. The Partner Company shall be solely responsible for the manner in which the Partner Services are carried out and, in respect of marketing material not provided by Glitnor, for the content of the said marketing material.
3.6. For any content of any promotion, advertising or marketing done by the Partner Company using any of the Glitnor Brands, whether by way of banners, adverts or otherwise, the Partner Company shall at all times obtain and maintain a prior written approval from Glitnor. In the case of marketing material provided by Glitnor, the provision of such material shall be considered as approval to use such material.
3.7. The Partner Company shall conform and adhere to laws, good practice and good business conduct applicable to the Partner Company, to the operation of the Partner Company’s websites, including the Partner Website, and to the activities carried out by the Partner Company under this Agreement in the geographical markets where Partner Company carries out its activities under this Agreement or which are targeted by the Partner Company.
3.8. Without prejudice to the generality of clause 3.7 above, the Partner Company shall not itself nor authorise or encourage that any third party:
3.8.1. Promote any gaming sites to persons in the United States of America (USA), USA territories, Malaysia, China, France, Iceland or Hong Kong or to attempt to circumvent restrictions that are in place to prevent persons from jurisdictions to access and use the Service from or list of jurisdictions where we deny service. Promotion of the Service to persons in the United States of America (USA), USA territories, Malaysia, China, France, Iceland or Hong Kong and manipulation to circumvent territorial blocks is a breach against this Agreement and will void all Partner Commission to the Partner Company.
3.8.2. Cause disturbing marketing/traffic.
3.8.3. Conduct the Partner Services in unlawful manner or form, including placing or using any material which is malicious, obscene, sexually explicit, violent, potentially libellous, discriminatory, infringes anyone’s intellectual property rights or goodwill or reputation, targets persons under the age of 18 years (or higher of majority in the jurisdictions that the Partner Company is targeting).
3.8.4. Interfere with the operation or accessibility of any of the Participating Sites.
3.8.5. Conduct the Partner Services in any way that is misleading or confusing as to the relationship amongst the Referred Player / prospective Referred Player, the Partner Company and Glitnor Marketing Limited operating the Participating Sites or as to the operation, functions or ownership of the Participating Sites.
3.8.6. Deploy or use any UMC (Unsolicited Mass Communications), also known as “spam”. Should it become evident to Glitnor that the Partner Company does not adhere to this obligation, Glitnor shall have the right to terminate this Agreement immediately in addition to other remedies available to Glitnor at law. Moreover, should the Partner Company use spam, Glitnor will close all account(s) of the Partner Company and withhold funds immediately. Due to ongoing efforts, legal actions will be taken should the use of spam be brought to Glitnor’s attention.
3.8.6.1 Use any form of cookie fishing not promoting the brand according to brand guidelines.
3.8.7 Provide information or promotion regarding methods for players to defraud or abuse the bonus programs at any Partner Brands.
3.9. The Partner Company is allowed to introduce sub-affiliates. It shall be the sole responsibility of the Partner Company to ensure that sub-affiliates are aware and agree with this condition and with all other conditions relevant and applicable to sub-affiliates. The Partner Company hereby undertakes to fully inform and keep informed all sub-affiliates it introduces about all relevant details in relation to the operation of this Agreement.
3.10. The Partner Company shall remain solely responsible towards Glitnor for anything done or not done by any of the sub-affiliates it introduced. Any claim of a sub-affiliate arising out of or in connection with this Agreement is a matter solely and exclusively between the Partner Company and the sub-affiliate and neither Glitnor or any other Glitnor Marketing Limited shall accept any liability in this respect.
3.11. The Partner Company shall not allow any rake-backs in any form or by any means whatsoever breaching Glitnor Marketing Limited partners Networks Terms and Conditions. A breach of this condition shall give the right to Glitnor to terminate this Agreement immediately.
3.12. The Partner Company acknowledges and accepts that the said Glitnor Marketing Limited retains the right to change or withdraw any part of the Service, at any time and in any manner it deems appropriate, without prior notice to the Partner Company and without any liability whatsoever on the part of Glitnor or the said Glitnor Marketing Limited.
3.13. The Partner Company acknowledges and accepts that in order to carry out its obligations under this Agreement in particular in respect of calculating and paying the Partner Commission, Glitnor requires to liaise with and obtain information from and pass information to Glitnor Marketing Limited . or Companies providing the Service on the Participating Sites. In this respect, the Partner Company:
3.13.1. Authorises Glitnor to disclose to and to obtain from Glitnor Group affiliates operating the Service all information that may be required for the proper operation of this Agreement;
3.13.2. Releases Glitnor and Glitnor Marketing Limited operating the Service from any and all liability related to or arising out of the above-mentioned disclosures.
3.14. The Partner Company shall have the right to utilise Glitnor Marketing Limited brands during the period of validity of this Agreement solely and exclusively to the extent that such use has been approved by Glitnor for the purposes of carrying out by the Partner Company its Partner Services in accordance with the terms of this Agreement. Without prejudice to the generality of the above.
3.14.1. The Partner Company shall not register or utilise in any way, whether as the Partner Website/software application or otherwise, any domain name that contains (a) any of the Glitnor Marketing Limited brands or their variations or misspellings, and/or (b) any of the Partner Brands or their variations or misspellings. In case of doubt or similarity of a domain name to any of the Glitnor Marketing Limited brands or Partner Brands, the Partner Company must obtain written consent from Glitnor prior to registration or utilisation of the domain name;
3.14.2. The Partner Company shall not utilise and shall not allow any third party to utilise any website or software application having a domain name / application name that contains any of the Glitnor Marketing Limited brands or their variations or misspellings in such a way that results in promoting any website other than the Participating Sites, whether by way of linking, redirecting traffic or otherwise;
3.14.3. The Partner Company shall not engage in any marketing by way of pay-per-click, sponsored links, search engines’ keywords, App Store Optimisation, portal appearance, forum appearance, ad words or similar promotion which utilizes any of the Glitnor Group affiliates brands.
Rights and Obligations of Glitnor
4.1. Glitnor shall make available to the Partner Company tools allowing the Partner Company to monitor the Partner Commission and the payments of the said Partner Commission into the Commission Account using an online monitoring system at a secure website.
4.2. Glitnor shall provide to the Partner Company sufficient information Glitnor declares and the Partner Company acknowledges and accepts that the Service is operated by Glitnor Group affiliates which is responsible for compliance with all regulation or legislation applicable to the operation of the Service. Glitnor declares and the Partner Company acknowledges and accepts that Glitnor shall be liable for any losses or damages, howsoever caused, resulting from any change in government regulatory policies or legislation that may preclude or put any restriction on the operation of any part of the Service.
4.3. The Service shall be provided in any form and to any extent that Glitnor Group affiliates operating the Service deems appropriate.
4.4. In case of any breach by the Partner Company of any of the Terms and Conditions of this Agreement, in addition to other remedies available to Glitnor at law and under this Agreement, Glitnor shall have the right to terminate this Agreement by a notice given to the Partner Company. Unless the breach by the Partner Company is serious and/or irreparable (which will be determined by Glitnor in its sole discretion), before the termination Glitnor shall allow the Partner Company a period of time not less than 10 days to give to the Partner Company the possibility to correct the matter and overcome the failure.
4.5. This Agreement does not impose any exclusivity obligation on Glitnor. Neither Glitnor nor Glitnor Marketing Limited shall be liable in any way whatsoever for engaging in any arrangement competing with the Partner Company.
4.6. Notwithstanding anything else stated in this Agreement, neither Glitnor nor Glitnor Marketing Limited or other related company, their respective directors, officers, employees, partners, shareholders or consultants shall be held responsible or liable for any loss of income, or loss of the ability to produce income of the Partner Company, even if such loss arises from the inability of Glitnor to ensure the delivery of the Service stipulated in this Agreement for any reason whatsoever, whether Glitnor is at fault or whether a third party is at fault.
4.7. Unless explicitly stated in this Agreement, Glitnor does not make any warranty or representation of any kind.
4.8. In case of a breach by the Partner Company of clause 3.14, in addition to other remedies available to Glitnor at law, Glitnor or the owner of the Partner Brand, as the case may be, shall have the right to become registered as the registrant of all domain names registered or utilized by the Partner Company in breach of clause 3.14 and the Partner Company shall assist Glitnor and/or shall assign to Glitnor or to the owner of the Partner Brand, as may be specified by Glitnor, all the said domain names irrespective of whether they are top level generic domain name, top country level domains or otherwise.
Partner Commission
5.1. In consideration for the Partner Services provides by the Partner Company, Glitnor shall pay to the Partner Company the Partner Commission as stated in this clause.
5.2. The Partner Commission payable to the Partner Company shall be based on a percentage of Net Revenue, such percentage to be determined based on the number of unique new first time depositors referred in a calendar month as stated in the table below:
| Unique FTDs | Commission |
| 0 – 9 | 25% |
| 10 – 19 | 30% |
| 20 – 29 | 35% |
| 30+ | 40% |
In cases where the Partner Company introduced sub-affiliates the Partner Company can receive sub-affiliate commission due to the said sub-affiliates after agreement with designated affiliate manager and approved by Glitnor affiliate director.
5.3. Glitnor shall ensure that Partner Commission is paid to the Partner Company on a monthly basis in arrears, not later than the twentieth (20th) day of each month in respect of the Partner Commission for the preceding month. The payment shall be accompanied by a written statement that details the calculation of the Partner Commission.
5.4. The Partner Commission shall be paid into the Commission Account.
5.5. Any charges that may be applicable to the withdrawal of the Partner Commission from the Commission Account by the Partner Company shall be borne solely by the Partner Company.
5.6. Glitnor has the right to adjust payments of the Partner Commission from time to time to reflect any overpayments or other applicable deductions, which were not deducted earlier, such as chargebacks/refunds and related bank fees.
5.6.1 In cases where the affiliate Net Revenue for the month is negative, minus €4,000 or lower, and that affiliate has an individual Referred Player that has generated a negative Net Revenue of minus €5,000 or lower, Glitnor reserve the right to place that specific player in Quarantine until such time that the specific player has generated sufficient Net Revenue in future months to offset the negative net revenue.
5.6.2 In cases where more than one Referred Player is placed into Quarantine, each will have their own negative balance managed separately.
5.6.3 Quarantined player negative balance, when carried forward, will not be offset against Net Revenue generated by other players.
5.6.4 Once a Quarantined player has generated Net Revenue sufficient to offset their individual negative balance, their Net Revenue will once again contribute to the general Partner Commission.
5.7. All payments of the Partner Commission shall be made in Euro or in such other currency that may be determined by Glitnor regardless of the currency used by the Referred Players to use the Service.
5.8. Glitnor shall have the right to withhold any and/or all payments to the Partner Company if the Partner Company is in breach of any of the provisions of this Agreement.
5.9. The Partner Commission stated in clause 5.2 above is exclusive of VAT. VAT shall be payable into the Commission Account in addition to the amounts stated in 5.2, except where in terms of the Maltese law it is Glitnor that has to account for VAT in Malta in relation to the Partner Services (under reverse charge). In case of any change in the applicable VAT, the Partner Commission shall be adjusted, so Glitnor’s position remains not more onerous than prior to the change.
5.10. The Partner Company shall be solely responsible for registering and accounting for any and all taxes due in relation to any payment made to the Partner Company in terms of this Agreement.
5.11. The Partner Company has the right, at its own expense and at reasonable intervals, to audit the systems and the figures related to this agreement.
Duration and Termination
6.1. This Agreement shall become effective as stated in clause 1.7. of this Agreement.
6.2. This Agreement may be terminated by either party by giving 30 days written notice to the other party.
6.3. Unless otherwise stated explicitly in this Agreement, each party has the right to terminate this Agreement with immediate effect if the other party is in material breach of this Agreement.
6.4. Glitnor reserves the right to terminate this Agreement by a notice in writing (an email being sufficient) if the Partner Company does not actively promote the Participating Sites. Not actively promoting the Participating Sites shall be deemed a material breach of this Agreement.
6.5. In the event of termination of this Agreement without any fault or breach on the part of the Partner Company, The Partner Company shall have the right to continue to receive a Partner Commission, as stated in clause 5, for the period of six months after the date of termination with respect to Referred Players who continue to utilise the Service. The right of the Referred Company to receive the Partner Commission shall cease upon the termination of this Agreement for any other reason. If the Partner Company wishes to resume promotion of the Participating Sites, a new agreement will have to be entered into between the Partner Company and Glitnor; and no Referred Player under this Agreement shall be considered as such under any new agreement.
6.6. Referred Players and all Players’ Data shall remain the property of Glitnor at all times.
6.7. Unless explicitly stated otherwise, and with the exception of Confidentiality, Non-Disclosure, and clause 3.1 of this agreement, all rights and obligations of each Party under this Agreement will cease upon the termination of this Agreement. This shall not prejudice any right accrued to a Party before such termination.
Confidentiality, Data Protection, Use of Personal Information, Players’ Data and Non-Disclosure
7.1. Each party acknowledges and agrees that it may have access to or become acquainted with confidential information of the other party. Each party specifically agrees not to misuse, misappropriate or disclose any such confidential information of the other party to any third party, whether directly or indirectly, unless compelled to do so by law.
7.2. Each party accepts that any information of the other party or relating to the other party, including but not limited to information in respect of business and business methods, finances, clients, partners, suppliers, any intellectual property right, whether registered or not, is confidential information of that party unless such information has been put by that party into public domain.
7.3. The Partner Company acknowledges and accepts that all Players’ Data, including data relating to Referred Players, is the exclusive property of Glitnor Marketing Limited or other affiliated companies and shall remain so regardless of any termination of this Agreement.
7.4 The Partner Company acknowledges and agrees that it is the controller of personal data of, first and last name, registered address, phone number and Skype ID. The Partner Company Acknowledges and agrees that Glitnor Services Ltd shall be a controller in respect of the referred players’ data.
7.5 The Partner Company will only send direct marketing to data subjects who have given valid consent to receive such marketing communication as required by applicable data protection laws, including the GDPR. The Partner Company acknowledges and agrees that any direct marketing it sends pursuant to this Agreement, and the consents related to the same, shall be independent of, and governed separately from, any marketing consents that Glitnor Services Ltd may have in respect of Players and the marketing of its own services. All direct marketing sent by the Partner Company shall include the ability for the recipient to opt-out of all future direct marketing from the Partner Company.
7.6 The Partner Company shall at all times comply with the GDPR including, without limitation, ensuring that any personal data it collects is: (i) collected fairly, lawfully and transparently; (ii) processed in accordance with a lawful basis set out in the GDPR; and (iii) protected using appropriate technical and organisation measures.
7.7 The Partner Company shall notify Glitnor immediately if it receives any complaint from a data subject, or if any competent authority contacts the Partner Company, in respect of any direct marketing relating to the Participating Site(s).
7.8 The Partner Company shall provide Glitnor with all such assistance as necessary in respect of data breaches, claims and requests for information made against Glitnor Services Ltd in respect of any communications sent by the Partner Company pursuant to this Agreement.
7.9 Glitnor may, from time to time, request that the Partner Company provides evidence of its compliance with the foregoing, and the Partner Company shall provide such evidence promptly.
7.10 The Partner Company hereby indemnifies Glitnor Services Ltd against all costs, claims, fines, damages and expenses incurred by Glitnor Services Ltd, or for which they may become liable, due to any failure by the Partner Company, or its employees, agents subcontractors or processors, to comply with any of the foregoing obligations or any failure to comply with applicable data protection law, including the GDPR. Nothing in this Agreement shall limit the Partner Company’s liability for such breach.
7.11. Use of personal data: Glitnor will use the personal information of the Partner Company (meaning any information relating to the Partner Company from which an individual can be personally identified, such as a name, address, telephone number and email address) for the following purposes: • to set up and maintain the Partner Company’s account with Glitnor; • to provide the Partner Company with the services set out in these terms and conditions (including providing the Partner Company with marketing material); • to verify the information which the Partner Company provides Glitnor, and to comply with relevant regulatory requirements; • to monitor activities in order to detect fraudulent, criminal or improper activities (including money laundering), and breaches of these terms and conditions; • to keep the Partner Company informed of Glitnor’s future marketing and promotions; • to provide the Partner Company with information about its account; and • for any other purpose which is necessary for the performance of Glitnor’s contractual obligations to the Partner Company, or for enforcing the Partner Company’s compliance with its contractual obligations to Glitnor.
Glitnor may disclose the personal information of the Partner Company to relevant third parties for the above purposes, including (without limitation) to: • identity and/or age verification agencies; and/or • credit checking agencies; and/or • relevant authorities; and/or • gambling operators or service providers; and/or • electronic payment providers or financial institutions.
If it transfers the personal information of the Partner Company outside of the European Economic Area, Glitnor will ensure that there are adequate measures in place to ensure that such personal information is protected (such adequate measures may include transferring to a jurisdiction which the European Commission recognizes as providing adequate protection for the rights and freedoms of data subjects in connection with the processing of their personal data).
Indemnification
8.1. The Partner Company shall hold harmless and shall indemnify Glitnor for any and all damages of losses suffered by Glitnor or its officers or representatives due to any breach by the Partner Company of this Agreement.
Miscellaneous
9.1. Entire agreement. In case of conflict between this Agreement and other agreements, oral or written, with respect to the matter contemplated hereunder, between Glitnor Group affiliates and the Partner Company, this Agreement shall prevail.
9.2. Written amendment. Any amendments to this Agreement shall be agreed upon in writing and signed by authorised representatives for both Parties.
9.3. Assignment. The Partner Company may not assign or transfer this Agreement, in whole or in part, without Glitnor’s prior written consent. Glitnor may wholly or partly assign its rights and obligations under this Agreement to any Glitnor Group affiliates company or other related company.
9.4. Severability. If any provision of this Agreement is deemed illegal, invalid or unenforceable, this shall not affect the validity or enforceability of any other provisions of this Agreement.
9.5. Force majeure. Notwithstanding any other provisions specified herein, either Party shall be entitled to suspend performance of its obligations under the Agreement in the occurrence of an event beyond the reasonable control of the Party affected, impeding performance or making performance unreasonably onerous, (”Force majeure”) including, but not limited to local and general industrial disputes, fire, war (whether declared or not), armed conflict, terrorist activity, extensive military mobilisation, insurrection, requisition, seizure, embargo, governmental action, export and import restrictions, restrictions in the use of power and delays or defects in deliveries by subcontractors caused by such circumstances referred to in this clause. The Party claiming to be affected by Force Majeure shall without undue delay after the occurrence notify the other Party in writing thereof.
9.6. Waiver. No failure or delay of either Party to enforce any one or more provisions of this Agreement, exercise any option which is herein provided, or require the timely performance of any of the terms or provisions hereof, shall be construed or act as a waiver of such term or provision of this Agreement. Either Party may waive the compliance by the other Party with any term or provision here of only by an instrument in writing. The waiver by either Party of any term or provision of this Agreement shall not be construed or act as a waiver concerning any term or provision for the future or any subsequent breach.
9.7. Handling of negative publicity. Upon notice of any negative publicity concerning the Partner Company, or the Partner Company’s owner(s), which Glitnor management believes can damage the reputation of and its brands or those of related companies, Glitnor has the right to terminate the Agreement immediately.
9.8. Temporary disruptions due to hardware failure. The Parties acknowledge that from time to time, as a result of hardware failure, supplier failures, or the like, the services provided under this Agreement by the Parties can be temporarily disrupted. The Partner Company acknowledges and agrees that Glitnor companies or any of its members, shareholders, directors, officers, employees or representatives will be liable to the Partner Company for any special, indirect, consequential, punitive or exemplary damages, or damages for loss of profits or savings, in connection with these temporary disruptions.
9.9. Applicable law. This Agreement shall be governed by and construed in accordance with the law of Malta.
9.10. Dispute resolution. The Parties shall amicably attempt to solve any dispute relating to this Agreement through negotiations between high-level executives of the Parties. If such negotiations are not successful after a period of sixty (60) days from a claim in writing for such negotiations from either Party, the other Party has the right to bring the dispute to final settlement through arbitration pursuant to the applicable Arbitration Act of Malta. The arbitration shall be conducted using one (1) arbitrator if the value of the dispute is less than one million EURO, and otherwise three arbitrators. The arbitrators are to be elected in accordance to the laws of Malta. The arbitration shall be conducted in the English language in Malta. The above notwithstanding, either Party shall be entitled to seek an injunction in any relevant jurisdiction.
IN WITNESS WHEREOF, THE PARTNER COMPANY expressly agrees to the terms and conditions of this Agreement by activating the account at Glitnor Group affiliates.
These Terms and Conditions are available in a number of languages for information purposes and ease of access. From a legal perspective, the English language version of these Terms and Conditions will prevail over any other language version made available.
OneCasino Affiliates marketing agreement
01 December 2025
Introduction
1. These Terms and Conditions have been amended on 01.12.2025. Please read carefully to ensure you understand your right and obligations and the repercussions should you breach the Affiliate Agreement.
2. By registering for the Affiliate Programme, and /or by accessing and utilising any of marketing tools or accepting any rewards or comission, you will be deemed to have read, understood, and agredd to the Affiliate Programme.
3. The Company will review the Application to participate in the Affiliate Programme and may, in its sole descretion, accept or reject such application. The Company may notify the Affiliate about any further information or other criteria that may be required from the Affiliate to be accepted into the Affiliate Programme.
The Terms and Conditions defined in this document regulate the service being delivered to One Casino Limited, a company registered in Malta, with company registration number C 73399, at office address Level 8 The Centre, IX-XATT TA’ TIGNE’, SLIEMA, TPO 0001, Malta , (the “Company”) by the company of the affiliate (the “Affiliate”). The Company and the Affiliate are together collectively referred to as the “Parties” and each a “Party”. These the Agreement becomes binding upon the Affiliate once you indicate your acceptance of this Agreement and / or link to any part of the Service as defined in clause 2 of this Agreement.
Whereas
• The Company is a remote gaming operator, authorized by:
the Malta Gaming Authority under licence number MGA/B2C/327/2016,
the Nederlandse Kansspelautoriteit under license number 2161/01.272.534,
the Dirección General de Ordenación del Juego under license numbers GO/2018/029 (General Betting), MAZ/2020/066 (Slot Machines), BLJ/2023/044 (Blackjack), and RLT/2023/049 (Roulette),
the Danske Spillemyndigheden under license number J. nr. 25-548292,
which provides gaming services to consumers through the Casino.
• The Affiliate operates the Websites through which it has the capacity to promote the Participating Sites in the Casino, within the limits of the terms and conditions of this Agreement.
• The Parties are desirous of formalising their relationship to allow the Affiliate to promote the Participating Sites to the Casino, within the limits of the terms and conditions as noted in this Agreement, and accordingly, the Parties are entering into this Agreement which shall govern the relationship between the Parties.
Definitions
In this Agreement:
Affiliate Agreement: legal agreement regulating the relationship between the Parties, whereby the affiliate partner aims to promote the Participating Sites to the casino, within the limits imposed by the terms and conditions hererin.
Brand: means the names, concepts or identities under which the Business is generally, and from time to time, recognized in the public domain worldwide. The Brand is and remains the sole property of the Company.
Business: means the business of the Company which consists in the operation of the Casino.
Casino: means the overall service offering operated by the Company on the internet, namely located at the website listed under Websites.
Confidential Information: means any information of a commercial value, essential for any of the Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, prospect data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
Data Protection Legislation: means the Data Protection Act, Chapter 586 of the laws of Malta which implements Regulation (EU) 2016/679 (GDPR)
Fees: means the compensation due to the Affiliate as regulated in clause 6 and as based on the fee schedule as noted in Schedule 2 to this Agreement.
Gross Revenue: means the value of the revenues generated by all New Depositors referred by the Affiliate via the Websites to the Casino, after the deductions of costs including but not limited to taxes, duties, third party commissions/fees for providing games and game software etc. Revenues generated would be equal to all wagers less wins. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be included in the calculation of the Gross Revenue.
Intellectual Property Rights: means any rights in computer software (including source codes), rights in data bases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights in the nature of any of the aforesaid items.
Net Revenue: means the monthly Gross Revenue after the deduction of costs including but not limited to taxes (as explained in Schedule 2), financial transaction fees, bonuses, loyalty rewards and charge backs. Quarantined players, should there be any, will not affect the commission until cleared from quarantine.
New Depositor: means a new customer having successfully registered on the Casino made, in compliance with the terms and conditions as may be noted on the Casino from time to time, a first minimum deposit with the Casino in an accepted currency by the Casino, and which deposit is utilized for bona fide transactions with an ultimate aim to engage on the Casino.
Quarantined players: means any player that that has generated a negative Net Revenue of -€5,000 or lower in a single period. Big Winners will be put in Quarantine until the individual balance of the player is 0 and will not affect commission negatively in the period which the player was quarantined.
Personal Data: has the same definition as defined in Data Protection Legislation.
Territory: means the geographical area in which the Affiliate markets or intends to market the brand is listed:
• The Netherlands
• Denmark
• Canada (except Ontario)
• Spain
• New Zealand
• Finland
• Ireland
Term: means the period from its commencement until this Agreement is terminated.
Traffic: means a New Depositor engaging on the Casino as a result ofthe Affiliate marketing the Brand on the Websites or through other means of communication such as, but not limited to, electronic mail and social media, as mutually agreed by the Parties from time to time.
Websites: means the internet sites through which the Affiliate markets the Brand, which are approved and listed below to this Agreement, and which may change from time to time subject to the mutual agreement of both Parties.
www.onecasino.com
www.onecasino.nl
www.onecasino.es
www.onecasino.dk
www.onecasino.de
2. General scope
2.1. The Affiliate will use the Websites to market the Casino and/or Brand, and promote the Participating Sites to the Casino, in accordance with this Agreement.
2.2. The Company expressly states, and the Affiliate accepts and agrees, that the promoting or soliciting of gambling is subject to legal restrictions in some countries and is prohibited in some cases. These restrictions will vary by date and region, and it is the Affiliate’s sole responsibility to remain up to date with the applicable laws in the Territory. The Affiliate acknowledges that should the promoting or soliciting of gambling generally or the Brand and/or Casino specifically be prohibited under the laws of the Territory (or its country of domicile if different), or be permissible only under certain preconditions not met, it shall not be entitled to promote the Brand and/or Casino accordingly, and shall desist from doing so. The Affiliate shall be exclusively liable to compensate the Company for any damages and/or losses suffered as a result of the Affiliate’s breach of this clause.
2.3. The Affiliate confirms that it operates the Websites under its own name and that it is fully and without restrictions authorized to operate, dispose of and/or otherwise deal with the Websites to provide the affiliate services covered by this Agreement.
2.4. Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all, and any expenses incurred in respect of the obligations it undertakes in terms of this Agreement and will have no right of recourse against the other Party in respect thereof.
2.5. You declare that you are over age of eighteen (18) years, or, within the Netherlands over the age of twenty-four (24) years.
2.6. Verifying You as an Affiliate: After a successful Affiliate Application You will be required to provide documentation to verify the information provided to us during the term of the Affiliate Agreement. This documentation may include but is not limited to: bank statements, individual or corporate identity papers and proof of address. Additional verification checks may also be required
3. AFFILIATE INTEGRATION AND MARKETING MATERIAL
3.1. Upon execution of this Agreement, a unique partner identification code will be assigned to integrate the Affiliate with the technical platform which the Company may use from time to time. The Affiliate commits itself to reasonably abide by the Company’s instructions to ensure that such integration takes place without delay. Whilst the Company will use reasonable efforts to ensure that the technical platform which it makes use of to track Traffic operates in the correct manner, the Company does not guarantee that the technical platform and/or Casino is not and will not be subject to error, malfunction and/or third party attacks from time to time and accordingly, the Company shall not be held liable for any damage suffered and/or losses suffered and/or loss of expected income by the Affiliate, unless such is the result of the Company’s fraud or gross negligence. For any content of any promotion, advertising, or marketing carried out by the Affiliate using the Brand and/or Casino, whether by way of banners, adverts, or otherwise, the Affiliate shall at all times obtain and maintain prior written approval from the Company. In the case of marketing material provided by the Company, the provision of such material shall be considered as approval to use such material. No exceptions shall apply.
3.1.1. The Company shall make available to the Affiliate tools allowing the Affiliate to monitor the Affiliate Commission and the payments of the said Affiliate Commission into the Commission Account using an online monitoring system at a secure website.
3.2. The Affiliate hereby binds itself to promote the Casino in a form, manner and style as appropriate in line with each jurisdiction which the Affiliate shall be targeting for the generation of Traffic. In this regard, the Affiliate binds itself to abide by any, and all commercial communication prohibitions, laws and/or limitations which may be applicable from time to time, in all applicable jurisdictions.
4. OBLIGATIONS, WARRANTIES AND INDEMNITIES OF THE AFFILIATE
4.1. The Affiliate warrants and agrees to:
4.1.1. Provide the Company with immediate information with respect to the manner the Brand and/or Casino is being promoted on the Websites upon the request of same by the Company.
4.1.2. Ensure that no promotion, advertisement, or content targets or is aimed at persons under the age of eighteen (18) years, or, within the Netherlands, persons under the age of twenty-four (24) years, or the legal age for gambling in the relevant Territory (whichever is higher), and shall not target any person who is considered vulnerable and/or not eligible to engage with the Casino in accordance with applicable laws or regulations.
4.1.3. The Company will terminate the agreement if the Affiliate webesite and/or any domain name or sub-domain owned or controlled by the Affiliate (whether used or intended to be used for the provision of the Affiliate website or otherwise: contains any Prohibited Material (as defined below); (ii) consists of, includes or is confusingly similar to any of the Brand Marks or Prohibited Terms and/or (iii) appears to have been registered in bad faith. 2. The Affiliate shall not: (i) use any hyperlink other than the Affiliate Links in linking to the Brand Websites; (ii) disseminate any promotional material or marketing communications other than the Promotional Content; or (iii) disseminate the Promotional Content by any other method than as directed by the Affiliates.
4.1.4. Not directly promote the Casino and/or Brand to any employees, officers and/or close associates and their relatives. In any event, such persons shall not be considered to be New Depositors for the purpose of this Agreement.
4.1.5. Indemnify on demand and hold the Company harmless against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Company in consequence of any breach by the Affiliate of this Agreement.
4.1.6. In the event that the Affiliate directly contacts any of the users of the Websites to promote the Casino and/or Brand, the Affiliate shall make clear in the body of any such communication that such communication is not being made on behalf of the Company and that any complaint that the relevant user may wish to make should be addressed to the Affiliate and not to the Company.
4.1.7. At all times comply with the GDPR including, without limitation, ensuring that any personal data it collects is: (i) collected fairly, lawfully and transparently; (ii) processed in accordance with a lawful basis set out in the GDPR; and (iii) protected using appropriate technical and organization measures.
4.1.8. Inform users of the Websites via a privacy policy or other appropriate means, that tracking technology will be made use of when the user accesses any one or more links used to generate Traffic on the Websites. Such Privacy Policy shall be drawn up in compliance with all relevant Data Protection Legislation and applicable law.
4.1.9. Ensure that any one or more advertisements of any nature and/or through any means which is conducted within the jurisdictional territory of the Netherlands shall, on a minimum basis of ninety five percent (95%) of all respective advertisements, be targeted and reach individuals who are 24 years of age or older. Without prejudice to any rights which the Company may have in terms there T&Cs, the Company shall retain full and sole discretion, and the power to, request proof of adherence with this clause and in the event that the Affiliate is found to be, or the Company has reasonable suspicion to believe that, this clause is being or is as the risk of being breached by the Affiliate, then the Company shall, without prejudice to all its rights in contract, tort and law to seek compensation for losses and damages incurred, terminate these T&Cs with immediate effect and this, irrespective of anything as may be noted to the contrary within these T&Cs.
4.2 The Affiliate warrants and agrees not to:
4.2.1. Directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or other benefit) for using the any links relevant to the Brand and/or Casino which results in the generation of Traffic on the Websites to access the Casino;
4.2.2. Read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person or entity;
4.2.3. In any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Casino;
4.2.4. Engage in transactions of any kind on the Casino on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
4.2.5. Take any action that could reasonably cause any end user confusion as to the Company’s relationship with the Affiliate, or as to the site on which any functions or transactions are occurring;
4.2.6. Other than promoting the Casino and/or Brand on the Websites in accordance with the Agreement, post or serve any advertisements or promotional content promoting the Casino;
4.2.7. Post or serve any advertisements or promotional content promoting the Casino or otherwise around or in conjunction with the display of the Casino (e.g., through any ‘framing’ technique or technology or pop-up windows or pop-under windows), or assist, authorize or encourage any third party to take any such action;
4.2.8. Actively target any jurisdiction where gambling and/or the promotion thereof are illegal;
4.2.9. Attempt to artificially increase monies payable to the Affiliate by the Company;
4.2.10. Cause the Casino to open in a visitor’s browser other than as a result of the visitor clicking on an applicable promotion tool on the Websites or attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any third party website that is also an affiliate of the Company’; and/or
4.2.11. Use any form of spam (including search engine spamming) or unsolicited mail in its attempts to refer New Depositors to the Casino.
4.2.12. Acknowledge that the terms and conditions herein supersede the provisions of the Affiliate Agreement signed by the Parties
4.2.13. Deploy or use any UMC (Unsolicited Mass Communications), also known as “spam”. Should it become evident to the Company that the Affiliate does not adhere to this obligation, the Company shall have the right to terminate this Agreement immediately in addition to other remedies available to the Company at law. Moreover, should the Affiliate use spam, the Company will close all account(s) of the Affiliate withhold funds immediately. Due to ongoing efforts, legal actions will be taken should the use of spam be brought to the Company’s attention.
4.2.14. Open a social media account (Facebook, Twitter, Youtube, Tik-Tok etc.) on behalf of us and mislead people or claim that your website is our official partner site. If you are aiming to promote us through social media you must get our written approval and you must report us your activities regularly.
4.2.15. The Affiliate should not cause any reputational damage to the company.
4.3.1. It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Programme in the Affiliate Application is correct and that such information is kept up to date at all times.
4.4.1The Affiliate is allowed to introduce sub-affiliates. It shall be the sole responsibility of the Affiliate to ensure that sub-affiliates are aware and agree with this condition and with all other conditions relevant and applicable to sub-affiliates. The Affiliate hereby undertakes to fully inform and keep informed all sub-affiliates it introduces about all relevant details in relation to the operation of this Agreement.
1. “Opening an Affiliate Account for a third party, brokering an Affiliate account or transfer of an Affiliate account is not acceptable”. 2. You shall not open more than one Affiliate Account.
4.4.2. The Affiliate shall remain solely responsible towards the Company for anything done or not done by any of the sub-affiliates it introduced. Any claim of a sub-affiliate arising out of or in connection with this Agreement is a matter solely and exclusively between the Affiliate and the sub-affiliate and neither shall the Company accept any liability in this respect.
4.5. The Affiliate Website will not contain any defamatory, libellous, discriminatory, obscene, unlawful (including also material which the Affiliate does not have permission to use, for example illegal streaming) or otherwise unsuitable content (including, but not limited to: sexually explicit material which is not in line with legal or acceptable standards, violent, obscene, derogatory or pornographic materials or content which would be illegal in target country).
4.6. Marketing communications shall contain appropriate means for the recipient to unsubscribe from future marketing communications. All direct marketing sent to Affiliate Personal Data shall only be done so where such individuals have given valid consent to receive such marketing communication as required by the Applicable Data Privacy Laws. Valid consent shall include data subjects’ opt-in to such marketing and data subjects’ being informed that they shall receive marketing relating to our Brand websites (identified either specifically or, at the least, by its industry). In this respect, the Affiliate shall:
(i) clearly display an unsubscribe feature at the bottom of the email (clearly detailing methods of unsubscribing from the mailing list);
(ii) clearly include the header of the applicable Brand Website in the email (incorporating the relevant Brand Marks);
(iii) not send any offers relating to our Brand Websites to people who have not willingly submitted their email address and opted-in to receive promotional material; and
(v) no marketing communication should be directed to those individuals who opted out of receiving such communication. You shall comply with any instruction to not send direct marketing as soon as practicable and in any event within no less than 48 hours from receipt of the instruction.
(vi) You shall at all times comply with the Applicable Data Privacy Laws including, without limitation, ensuring that Affiliate Personal Data: (a) is collected fairly, lawfully and transparently; (b) processed in accordance a lawful condition as set out in the GDPR; and (c) is protected from loss, theft, accidental destruction or unauthorised access by implementing appropriate technical and organisation measures in respect of such personal data.
4.7. Must abide by RG regulations in the specific jurisdiction, and display logos, links and other resources. Assure that self-excluded players are not included in SMS and emailing campaigns.
5. OBLIGATIONS, WARRANTIES AND RIGHTS OF THE COMPANY
5.1. The Company warrants and agrees to:
5.1.1. Supply the Affiliate with the appropriate links and other integrations for inclusion on the Websites to enable the Affiliate to promote the Participating Sites.
5.1.2. Subject to the Affiliate complying with the Company’s instructions with regard to tracking of New Depositors accessing the Casino, use reasonable endeavours to ensure that whenever a New Depositor links to the Casino through the Websites and they subsequently place a wager on the Casino, the relevant New Depositor is identified as originating from the Websites. However, the Company shall not be liable to the Affiliate in any way if the Company is unable to identify a New Depositor as originating from the Websites.
5.2. The Company shall be entitled to exercise any of its rights or fulfil any of its obligations hereunder (including without limitation its payment obligations pursuant to clause 6) through any company in its group of companies.
5.3. With the exception of matters pertaining to Fees as noted in clause 6, the latter of which may only be amended through mutual agreement of both Parties, the Company reserves the right to update and change this Agreement from time to time without prior notice. An updated version of the Agreement would be provided to the Affiliate accordingly. In the event of any material amendments, modifications, enhancements or changes to the Agreement, the Affiliate may terminate the Agreement with immediate effect if it does not agree with any changes to this Agreement as imposed by the Company. Such termination shall be without prejudice to any outstanding obligations which the Affiliate may have. For the avoidance of doubt, in the event that the Affiliate does not notify the Company of this intention within three (7) days following the revised Agreement being made available to the Affiliate, the Affiliate shall be construed and considered as accepting the changes in full and without condition.
6. PARTNER COMMISSION
6.1. The Company agrees to pay the Affiliate a commission based on the Net Revenue generated from New Depositors referred by the Affiliate’s Websites. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable, and shall be a percentage of Net Revenue as calculated in line with the rates as stipulated in Schedule 2 to this Agreement. Such payment shall be made by the Company through a medium which the Company deems appropriate from time to time.
6.2.1. The commission is calculated at the end of each month and shall be payable by the end of the following month. If the balance due is less than EUR 200 ( two hundred Euro) (or the equivalent in a foreign currency), it shall be carried over to the following month and shall be payable when the accrued balance exceeds the minimum threshold.
6.2.2. In cases where the affiliate Net Revenue for the month is negative, minus €4,000 or lower, and that affiliate has an individual Referred Player that has generated a negative Net Revenue of minus €5,000 or lower, the Company may place that specific player in Quarantine until such time that the specific player has generated sufficient Net Revenue in future months to offset the negative net revenue.
6.2.3. In cases where more than one Referred Player is placed into Quarantine, each will have their own negative balance managed separately.
6.2.4. Quarantined player negative balance, when carried forward, will not be offset against Net Revenue generated by other players.
6.2.5. Once a Quarantined player has generated Net Revenue sufficient to offset their individual negative balance, their Net Revenue will once again contribute to the general Affiliate Commission.
6.3. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate. Acceptance of payment by the Affiliate shall be deemed to be full and the final settlement of the balance due for the period indicated.
6.4. If the Affiliate disagrees with the balance due, it shall within a period of fifteen (15) days send an email to the Company tobilling@onecasino.com 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.
6.5. The Company may, in its sole discretion, delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of this Agreement.
6.6. No payment shall be due if the Company has reason to believe that Traffic generated by the Affiliate is illegal or is in breach of any of the provisions of this Agreement.
6.7. For the sake of clarity, any wrongdoing caused by the Affiliate will result in termination of this Agreement by the Company, and the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company
6.8. For the avoidance of doubt, a negative balance shall apply for 30 days.
6.9. 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 Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate indemnifies the Company in that regard.
6.10. ”Dormant Commission Account” shall mean a commission account where no login has been recorded for six (6) months. The Company reserve the right to remove balance of commission account, this amount will be forfeit to and non-refundable to the Affiliate Commission Account holder.
7. INTELLECTUAL PROPERTY
7.1. Nothing in the Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or the performance of the Agreement. All Intellectual Property Rights created and/or deriving out of the Agreement, including, without limitation, banners, advertising material, contents, including contents and Personal Data of New Depositors, shall be or become the sole property of the Company, and the Affiliate shall have absolutely no rights therein.
7.2. Without prejudice to the generality of clause 7.1, the Company grants the Affiliate a non-exclusive, non-transferable and revocable right to display the Brand features and related content (the “Company Brand Content”) throughout the Term solely for the purposes of the Affiliate generating Traffic via the Websites. The Affiliate is not permitted to use Company Brand Content in any way that is detrimental to the Company or the reputation or goodwill of the Company. The Affiliate is not permitted to alter or modify in any way the Company Brand Content without the express prior written consent of the Company.
7.3. Upon termination of the Agreement, each Party shall hand over to the other Party proprietary material or information, and, as the case may be, destroy in a secure manner remaining copies of the same. Notwithstanding any disposition to the contrary in the Agreement, the Affiliate acknowledges that after termination of the Agreement, it will not be allowed to keep a copy of the Company Brand Content, any New Depositor databases, personal data of any nature or Confidential Information, and may not exploit, directly or indirectly, the Company’s proprietary information, materials or works.
8. GENERAL MUTUAL WARRANTIES
8.1. Each Party represents and warrants to the other that it has and will retain, throughout the Term, all rights, title and authority to accept the terms of this Agreement. Each Party grants to the other Party all relevant means to perform the obligations mentioned under this Agreement.
8.2. Each Party to this Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorisations, consents and licences necessary to fulfil its obligations and that it fully complies with, and shall continue fully to comply with, all applicable laws and regulations.
9. INDEMNITY
9.1. Without prejudice to any other clauses within this Agreement, the Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders and partners from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.
10. LIMITATION OF LIABILITY
10.1. Neither Party should be liable to the other for any loss of actual or anticipated income or profits, for any special, indirect or consequential loss or damage or any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
10.2. The Company’s aggregate liability under or in connection with this Agreement, whether in contract, tort (including negligence) or otherwise, shall not, in any event, exceed the sum of the total monies paid by the Company to the Affiliate over the 12-month period preceding the date on which such liability accrued.
10.3. Nothing in this Agreement shall exclude or in any way limit the Parties’ liability for fraud, or for death or personal injury caused by its negligence or any other liability to the extent such liability may not be excluded or limited as a matter of law.
11. TERM AND TERMINATION
11.1. The terms of this Agreement apply from the date the Company notifies the Affiliate that its integration has been successful. The Agreement shall be valid for an initial calendar year long term and shall be automatically renewed for further periods of one calendar year, unless the terminating Party provides notice to the other Party of its intention not to renew this Agreement at least one month prior to the lapse of that particular calendar year.
11.2. Either party may terminate this Agreement at any time on the provision of one week’s notice.
11.3. The Affiliate may terminate this Agreement on immediate notice in accordance with Clause 5.3.
11.4. The Company may terminate this Agreement immediately without prior notice if:
11.4.1. The Affiliate commits a breach of its material obligations under this Agreement. ;
11.4.2. The Affiliate becomes insolvent or is unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;
11.4.3. The Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner, as defined in terms of applicable law;
11.4.4. The legal and/or regulatory situation in the market has changed or is in the process of changing to such an extent that the objectives of the Agreement can no longer be achieved and/or no longer correspond to the market reality; and/or
11.4.5. If the Affiliate does not generate any Traffic for three consecutive calendar months.
11.5. For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.
11.6.1. We have the right to suspend (for up to 180 days) any Affiliate’s participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended;
11.6.2. We may end the contract in case of any breaches of the above-mentioned clauses.
12. GENERAL PROVISIONS
12.1. Unless otherwise provided for, this Agreement shall constitute the entire agreement to be reinforced as legally necessary by the provisions of the Affiliate Agreement. The Company’s terms and conditions herein shall, in their most recently revised version, supersede the provisions of the Affiliate Agreement. Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.
12.2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by the law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently
12.3. If any of the provisions of this Agreement shall be found by any authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
12.4. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between the Parties, or to authorise either Party to act as an agent for the other. Neither Party shall have the authority to act in the name or on behalf of the other Party or otherwise to bind the other Party in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
12.5. The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of Malta. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the Maltese courts over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
12.6. You agree that One Casino limited may, at its discretion, carry out verification checks of you and require you to provide certain documents for verification purposes. You agree that you will, when requested, promptly provide documents for the purposes of proof of identity, proof of residence and address, proof of age as may be necessary, in particular: where the Partner Company is a physical person, you will provide upon request a copy of the official identification document with your photo, document proving your age and your address (such as a utility bill or a bank statement showing your name and address); or in all other cases you will provide a copy of the certificate of incorporation or similar, statue or constituting documents showing shareholders and directors of the entity, certificate of good standing or similar, utility bill or bank statement showing the company name address.
12.7. You undertake to carry out your obligations under this Agreement only for the commercial purposes intended herein, i.e. to promote the Participating Sites, and for no other purpose whatsoever (whether for hedging purposes of otherwise).
12.8. For the purposes of this Agreement, the terms “controller”, “data subject”,”data protection” “personal data”, “process”, “processing” and “processor” shall have the meaning given to them in the General Data Protection Regulation ((EU) 2016/679),) (“GDPR”).
Schedule 2 – Fees
NGR = GGR- (Taxes + 35% fixed costs + bonus)
Rev Share = NGR * % of rev share (as explained in Box 1)
BOX 1
| Unique FTDs | Commission |
| 0 – 9 | 25% |
| 10 – 19 | 30% |
| 20 – 29 | 35% |
| 30+ | 40% |
Tax calculation per jurisdiction
Ireland
Tax = ((Stakes – Winnings – Wagered bonus deducted)/1.23)*23%
Denmark
Tax = ((Saldo Bet + Bonus bet) – (Saldo Win + Bonus Win))*28%
Netherlands
Tax = ((Saldo Bet + Bonus bet) – (Saldo Win + Bonus Win))*39.75%
New Zealand
Tax = ((Saldo Result – Wagered Bonus – Wagered Bonus paid out))*25%
Spain
Tax = ((Saldo Bet + Bonus bet) – (Saldo Win + Bonus Win))*20%
Finland
Tax = ((Saldo Bet + Bonus bet) – (Saldo Win + Bonus Win))*1%
Canada (except Ontario)
Tax = ((Saldo Bet + Bonus bet) – (Saldo Win + Bonus Win))*1%