Affiliate Terms & Conditions
Version 1.1 is effective from 01/01/23 and the last updated 01/01/23
These Terms and Conditions (“Terms and Conditions”, “Affiliate Agreement”) constitute the agreement between Sublime Affiliates (hereinafter the “Company”, “Us”, “Our”, “We”) and you (hereinafter "you" or "Affiliate") in relation to your participation in the Affiliate Program. Sublime Affiliates and the Affiliate Program is operated by AWESOME ENTERTAINMENT GROUP LTD., a company registered in accordance with the Laws of Malta, having official registration number: C 96661 and registered office address at: Northlink Business Centre, Level 2 Burmarrad Road, NAXXAR NXR 6345, MALTA.
The following terminology applies to these Terms and Conditions: "Affiliate", "You" and "Your" refer to you, the person and/or entity accessing the website, registering and making use of the Affiliate program and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us" refer to our Company. "Party", "Parties" or "Us" refers to both the the Affiliate and ourselves, or either the Affiliate or ourselves.
By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood, agreed and accepted the Affiliate Agreement together with all its terms and conditions. We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your tacit consent to the Agreement and to any and all updates thereof.
For the avoidance of doubt, and unless otherwise mentioned in this agreement, these Terms and Conditions shall supersede any other terms and conditions applicable to such contractual instrument concluded between the Parties.
This Agreement along with Your Affiliate Application Form, Insertion Order and any other guidelines or additional terms We provide You with via email or on Our Website (together the “Affiliate Agreement”) represent the complete terms and conditions that apply to You in relation to Your participation in the Sublime Affiliates affiliate program (the “Affiliate Program”). In the event that the provisions of the Affiliate Application Form conflict with the provisions of this Agreement, the provisions of this Agreement prevail. In the event that the provisions of the Insertion Order conflict with the provisions of this Agreement, the provisions of the Insertion Order prevail.
1. DEFINITIONS
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by Company.
1.3“Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures (inclusive of any insertion orders connected with these Terms and Conditions) applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
1.4“Your Affiliate Application Form” means the application made by the Affiliate to participate in the Affiliate Program.
1.5 Insertion Order” – document that specifies the details of cooperation with the Affiliate together with these terms and conditions such as: brands/websites to be promoted, targeted countries, term of the Agreement, remuneration type, applicable commission structure etc.
1.6 “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other third-party website to Company Websites.
1.7 “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services, the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise controlled by the Affiliate.
1.9 “Company” shall mean by Awesome Entertainment Group Ltd and any other company within our group of, including our parent companies, their parent companies and all of the subsidiaries of these respective companies.
1.10 “Company Websites” means the website www.luckyheroes.com or other such websites (including mirror websites) as may be added from time to time by the Company to the Affiliate Program.
1.11 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Customer (CPA structure), a hybrid deal for a New Customer (Hybrid structure) as set out in the agreed Commission Structures.
1.12 “Commission Structures” means any specific reward structures expressly agreed upon between Company and the Affiliate.
1.13 “Confidential Information” means any information of commercial or essential value relating to the Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans and manners of operation and any other information identified as confidential information by the Company.
1.14 “Intellectual Property Rights” means any Company related copyrights, trademarks, service marks, domain names, brands, business names, registrations, and any and all other Company intellectual property of the aforesaid and/or any other similar rights of this nature.
1.15 “Net Revenue” means all monies received by the Company by way of deposit after having utilised the following formula: New Customer real money stakes remaining after deducting the following: 25% administration fee; real money wins; paid bonuses; transaction costs and chargebacks; and any applicable gambling taxes and VAT (including reasonable provisions to pay such taxes). For the avoidance of doubt, it is expressly stated that all amounts referred to above are only in relation to amounts generated from New Customers referred to the Websites by the Affiliate Website(s).
1.16 “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites. This excludes the Affiliate, its employees, relatives and friends.
1.17 “Parties” means Company and the Affiliate (each a “Party”).
1.18 “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
1.19 “High Roller” means a customer, for which Commission is payable to the Affiliate, which generates negative Net Revenue of at least €5,000 (Five Thousand Euro) (or the equivalent in other currency) in any given calendar month.
1.20 “Affiliate Network” An individual and/or entity which You have a business relationship with and who operates for You with the intention of driving traffic to the Websites, or that You direct in any appropriate manner to the Websites and who does not have an Affiliate Account directly with Sublime Affiliates but is connected to Your Affiliate Account.
1.21 “Fees” The amounts due to You by Sublime Affiliates in exchange for the provision of the services in accordance with the conditions of this Agreement, calculated under the respective profit-share model, cost-per-acquisition-model, or hybrid model, as the case may be.
1.22 “Administration fee”/”Admin fee” shall mean any type of third party fee or cost incurred by the Company which shall be covered and expensed onto the Affiliate which shall include but not be limited to: Cost of Sales, game provider costs, and payment service provider costs.
1.23 “Markets” All markets in which the Company operates.
1.24 “Progressive Contributions” A percentage of revenue generated on any progressive game that is paid over by Us into the Affiliate Network’s progressive pool.
1.25 “Referred Player/Customer” An individual who has, for the first time and in an appropriate manner, registered for an account with Us directly through one of Your Affiliate Links. For the avoidance of doubt, players which are already Our customers shall not be considered “Referred Players”. By opening an account with Us, any Referred Player will become Our customer and must comply with all Our applicable rules, policies, terms and conditions and operating procedures.
1.26 “Sub-Affiliate/s” An individual/corporate entity/organisation that You have a business relationship with and who operates for You with the intention of driving traffic to the Websites, or that You direct in any appropriate manner to the Websites.
1.27 “Fraud” Any form of fraud committed by an Affiliate and/or a Referred Player, which in Our sole opinion and sole discretion, is deliberately practiced by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to: 1. Chargebacks; 2. Bonus abuse by a Referred Player or group of Referred Players; 3. Your (or a third party’s) encouragement to a Referred Player to abuse Our bonus offers; 4. Collusion on the part of the Referred Player with any other Referred Player; 5. Your (or a third party’s) offering or providing unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up; 6. Dropping or stuffing cookies; 7. A Referred Player holding multiple accounts.
1.28 “Fraud Costs” The costs incurred (financial or otherwise) by Us as a direct or indirect result of Fraud committed by You, Your employees, Sub-Affiliates, business partners, Referred Players, and/or third parties linked to Your Affiliate Account to whom You, as an Affiliate, have introduced the Products.
1.29 “Balances Carried Over” In the calculation of commission where Net Win is negative due to Customer winnings and/or Admin Fees and/or Cash Items and/or Progressive Contributions, the said balance will be set to zero. A negative balance due to Fraud Costs will however be carried over where applicable.
1.30 “Chargeback” The reversal of a payment made previously to Us by a Referred Player or the credit card-issuing bank or any other third party payments solution provider. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.
1.31 “Baseline” means the minimum qualifying deposit required from the customer in order for the Affiliate to get rewarded in terms of this agreement, whether included in this agreement or in the insertion order as the case may be.
1.32. "Review Trigger" means the maximum number of Referred Players that can be sent during the test phase in which we will assess the quality of the Referred Players. After the test phase has been completed, We shall, in Our sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts, based on the results obtained in the testing phase. If the Affiliate sends a higher volume of players than agreed in the Review Trigger without approval from the Company, they will not be due any financial compensation from the company for the players that were referred after the Review Trigger limit was exceeded.
2. AFFILIATE OBLIGATIONS
2.1 Registering as an Affiliate
To become a member of our Affiliate Program you must accept these terms and conditions by ticking the respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. The Affiliate accepts and agrees that by becoming part of our Affiliate Program, the Affiliate is accepting these Terms and Conditions.
2.2 Affiliate Appointment
Your application to be an Affiliate will be reviewed following submission and You will be notified in a timely manner of Our acceptance or rejection of Your application.
If the information provided by You upon registration is deemed insufficient, or for any other reason at our sole discretion, We reserve the right to reject Your application to become an Affiliate and to withhold pay-out.
Upon acceptance into the Affiliate Programme, You hereby accept the appointment as an Affiliate. For the avoidance of doubt, any auto-approval by Us does not imply that We may not re-evaluate Your application at a later stage.
You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals and that You shall have no claims to any fees or other compensation on business secured by or through persons or entities other than You.
2.3 Affiliate Program Participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. You understand and accept that you shall not open more than one Affiliate Account without our prior written consent. By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise, market and promote the Company Websites in accordance with the Affiliate Agreement and Company’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way harm the Company’s reputation or goodwill.
You may link to the Company Website’s using the Affiliate Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf.
2.4 Affiliate Website
You shall be solely responsible for the development, operation and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws, including General Data Protection Regulation (GDPR), and functions as a professional website.
You will not present the Affiliate Website in such a way that it may cause confusion with the Company Websites, or so that it may give the impression that it is owned or operated by Company.
The Affiliate Website will not contain any defamatory, libellous, discriminatory or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory or pornographic materials or content which would be unlawful in the target country).
2.5 Valid traffic and good faith
You will not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behaviour shall be deemed as fraud.
You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse, money laundering, fraud, or any other type of abuse of remote gaming websites, you are obliged to immediately notify us of this.
2.6 Unsuitable websites
You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured. The Company also reserves the right to determine at its sole discretion whether a website is considered unsuitable for the purposes of this clause.
2.7 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website.
You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. If any links are displayed inappropriately, the Company reserves the right to order the Affiliate to either remove the said link or to amend the manner in which the said link is displayed, and the Affiliate hereby agrees to comply immediately with any such demand.
2.8 Email and SMS marketing
If sending any emails or SMS communications to individuals which (i) include any of the Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Company Websites, you must first obtain our permission to send such emails.
If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company. The Affiliate hereby acknowledges and agrees that in the event that the Affiliate breaches this clause or conducts any unauthorised and/or prohibited marketing activity, the Company shall have the right to withhold any commission due by way of this agreement.
2.9 Use of Company Intellectual Property Rights
Any use of the Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in the clause below.
You shall not undertake any activities in violation of the intellectual property rights of Sublime Affiliates and the Company, including but not limited to: brand bidding, registering or using any domains with confusingly similar names to the Company Brands, copying the “look and feel” of our sites or software, using any Company marks, branding or logos except as expressly permitted by this Agreement, or modifying any Marketing Material made available by Sublime Affiliates.
2.10 Restricted Territories
Please note that individuals who are residents of, Afghanistan, Belarus, Belgium, Bulgaria, Curaçao, Cyprus, Denmark, Estonia, France, Greece, Iran, Iraq, Israel, Lithuania, Malta, the Republic of Moldova, Romania, Russia, North Korea, Netherlands, Spain, Ukraine (including the territory of Crimea), United Kingdom, United States of America, Cote d’ivoire.
NetEnt games are unavailable:
Afghanistan, Albania, Algeria, Angola, Australia, Bahamas, Belgium, Botswana, Bulgaria,Colombia, Croatia, Czech Republic, Denmark, Ecuador, Estonia, Ethiopia, France, Georgia, Ghana, Guyana, Hong Kong,Iran, Iraq, Israel, Italy, Kuwait, Latvia, Lithuania, Mexico, Namibia, Nicaragua, North Korea, Pakistan, Panama, Philippines, Portugal, Romania, Singapore, Spain, Sudan, Sweden, Switzerland, Ukraine, Syria, Taiwan, Trinidad and Tobago, Tunisia, Uganda, United Kingdom, United States of America, Yemen, Zimbabwe.
Planet of the ApesVideo Slot are unavailable:
Azerbaijan, China, India, Malaysia, Qatar, Russia, Thailand, Turkey, Ukraine.
Vikings Video Slot are unavailable:
Azerbaijan, Cambodia, Canada, China, France, India, Indonesia, Laos, Malaysia, Myanmar, Papua New Guinea, Qatar, Russia, South Korea, Thailand, Turkey, Ukraine, United States of America.
Narcos Video Slot are unavailable:
Indonesia, South Korea.
Street Fighter Video Slot are unavailable:
Anguilla, Antigua, Barbuda, Argentina, Aruba, Barbados, Bahamas, Belize, Bermuda, Bolivia, Bonaire, Brazil, British Virgin Islands, Canada, Cayman Islands, China, Chile, Clipperton Island, Columbia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, El Salvador, Greenland, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Japan, Martinique, Mexico, Montserrat, Navassa Island, Paraguay, Peru, Puerto Rico, Saba, Saint Barthelemy, Saint Eustatius, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, South Korea, Suriname, Turks and Caicos Islands, United States of America, Uruguay, US Virgin Islands, Venezuela.
Universal Monsters games (Dracula, Creature from the Black Lagoon, The Invisible Man):
Andorra, Armenia, Austria, Azerbaijan, Belarus, Bosnia and Herzegovina, Cyprus, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Liechtenstein, Luxembourg,Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Russia, San Marino, Serbia, Slovakia, Slovenia, Turkey, Ukraine or any other jurisdiction where participation would be in conflict with any Applicable Law are not allowed to register and play at any of the Sublime Affiliates sites.
We furthermore cannot accept any traffic coming from .nl sites, third party marketing specifically for The Netherlands and/or any marketing activities in Dutch. We also cannot accept any traffic, third party marketing and/or marketing activities from any countries/locations/jurisdictions in which legal measures are present which do not permit such activity in reference to our company.
We reserve the right to update this list at any time at our discretion and to take any and all legal measures available against You should You advertise the Company to any individuals within the aforementioned jurisdictions.
2.11 Approved Creative
You will not use any advertising layout or creative (including banners, images, logos) incorporating our Intellectual Property Rights unless the advertising layout or creative was provided to you by the Company or (if advertising layouts are created by you) without the advance written approval of the Company. You will not modify the appearance of any advertising that has been provided to you or for which approval was granted.
It is your responsibility to seek approval from Company in time for the launch of any advertising campaign or creative, to ensure you have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
2.12 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on the Company Websites.
2.13 Responsible Gaming
The Company has an ongoing commitment to responsible gaming and the prevention of gambling addiction. You agree and accept to actively cooperate with the Company to convey a responsible gaming message. Additionally, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their respective jurisdiction.
2.14 Illegal activity
You will not target any territory or jurisdiction where gambling is illegal. You will act within the relevant and/or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise.
2.15 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations or laws applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
2.16 Cost and expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Affiliate Agreement.
2.17 Company monitoring of Affiliate activity:
You will immediately give the Company all such assistance as is required and provide us with all such information as is requested by the Company to monitor your activity under the Affiliate Program.
Trademark and Intellectual Property Infringements:
You acknowledge that the Company has registered trademarks in relation to the Company Brand and Identity and You agree that You shall not infringe or threaten to infringe, or carry out any unauthorised use of the Company Brand, the Products, or any other Company Intellectual Property, particularly in relation to:
The use of domain names (SLD) or brand names that are similar to the Brand and/or Lucky Heroes, Lucky Heroes Casino, Lucky Heroes Sport and/or variations thereof or words that are confusingly similar; or any bid made by You to any internet search engine or mobile application on keywords including but not limited to the following: casino LuckyHeroes;+lucky; +LuckyHeroes; +lucky; +heroes; +lucky; +bonus; lucky; Luckyheroes; lucky heroes; lucky bonus; +luckyheroes +app; luckyheroes casino; lucky heroes casino; luckyheroes bonus; luckyheroes login; lucky casino; Luckyheroes.com; luckyheroes promotions; lucky promo; lucky promotions; luckyheroes welcomebonus; lucky eroes.com; luckyheroes; lucky heroes; luckyhergas; luckyheroes gaming; lucky hero; luckyheros; lucky bet; luckyheroescasino; luckyheroes welcome bonus; +lucky heroes +casino; +lucky +heroes +casino; +lucky +casino; +luckyheroes.com; +lucky heroes +login; +Lucky Heroes; +sport; +luckyheroes; +luckheroes +bonus; +luckyheroes +log +in; +luckycasino; +lucky +heroes +sport; +luckyheroes +sports; “lucky heroes sport; +luckyheroes +Germany; “luckyheroes”; “luckyheroes bonus”; “Casino”; +LuckyHeroes +Slots; “luckyheroes”; “lucky heroes mobile”; “lucky heroes live chat”; lucky heroes android”; “luckyheroes nederlands”; “luckysheroes”; “luckyheroes..com”; “casino lucky heroes”; “luckyheroes news”; “lucky heroic”; +luckyheroes +betting; www.luckyheroes; +LuckyHeroes +Casino; “luckyheroes Finland”; +luckyheroes +sportsbook; “luckyheroes betting”; “luckyheroes Casino live”; “luckyheroes mobil”; “luckyheroes betting”; “www luckyheroes com”;“lucky heroes”; “www luckyheroes com casino”; +LuckyHeroes +Live +Casino; +LuckyHeroes; “lucky heroes Casino”; “lucky heros Slots”; +LuckyHeroes; “luckyheroes sport”; +LuckyHeroes +sport; “lucky heroes Casino”; “luckyheroes welcome offer”; “luckyheroes free spins”; “lucky kasino”; “www luckyheroes”; “lucky heroes mobile app”; “luckyheroes”; “luckyheroes.de”; “lucky beroes”; “luckyheroees”; “luckyheroes roulette”; “luckyheroes bonus”; “luckyheroes free spins”; +LuckyHeroes +Casino +free +spins; “luckyheroes sport”; +Luckyheroes; “luckyheroes norway”; “luckyheroes sport”; “lucky heroes”; “luckyheroes welcomeoffer”;+lucky +heroes; +LuckyHeroes +Slots; “luckyheroes”; +LuckyHeroes +Casino; “luckyheroes se”; “luckyheroes sports Bonus”; +luckyheroes +streaming; “luckyheroes”; “luckyheroes Casino Bonus”; “luckyheroes sverige”; “luckyheroes app android”; “luckyherus”; “luckyheroes app download”; “luckyyheroes”;“luckyheroes ireland”; “lucky heros”; “luckysheroes”; “luckyheroes sportwetten”; “luckysheroes.com”; “luckyheroes casino”;+LuckyHeroes +Casino; +lucky +heroes +Casino; “luckyheroes se”; “lucky heroes”; “lucky heroes sports Betting”;“www.luckyheroes.com”; “luckyheros.com login”; “lucky heroes online casino”; “luckyheroes switzerland”;“luckyheroes casino login”; “luckyheroes sports”; “lucky heroes sport”; “lucky eroes”; “luckyleos”; “luckyjeos”; “luckyheroes danmark”; “luckyheroes sign in”; “luckyheroes slots”; “lucky heroes canada”;“luckyheroes mobile”; “lucky heroes welcome bonus”; “luckyheroess”;“lucky heroes casino”;“luckyheros”;“lucky heroes”; “lucky heroes ;mobilcasino”; “luckilyheroes”; “lucky heroes live chat”; “luckyheroes casino bonus”; “lucky heroes casino online”; “luckybeos”; “lucky heroes uk”;“lucky heroes bonus”; “luckyheroes com”; “luckyheroes.con”; “luckyheroes uk”; “lucky heroes”; “luckyheroes canada login”; “luckies heroes”; “www.luckyheroes.com malta”; “lucky heroes.com”; “luckyheroes”; “luckyhero”; luckyheroes online casino”; “lucky heroes slots”; “luckyheros”; “www.luckyheroes.com © logincasino”;“lucky casino”;“luckyheroes casino canada”;“lucky casino bonus”; “luckycasino”; “luckyheroes sportsbook”; www.luckyheroes; “luckyheroes betting”; “lucky heroes android app”; and/or variations thereof or words that are confusingly similar ; or
The use of the Company Brand, and/or LuckyHeroes, LuckyHeroes Casino, LuckyHeroes Sport and/or variations thereof, or words that are confusingly similar as a name of a mobile application of the Company and/or Company Brand during the term of this Agreement or thereafter.
2.18 In the event of a breach of this Clause, We shall be entitled to exercise any and all means available to enforce and/or defend Our rights in the respective territory, and You shall thereby fully comply with Our requests immediately and without delay. Furthermore, in the event of a breach of this Clause, We shall have the right to withhold any payments due to the Affiliate and not reward or make any payment for any traffic generated thereto and via such means. The Affiliate therefore accepts and agrees that in the event of any breach of this clause the Affiliate shall not be entitled to any payments by way of this agreement which have been the result of traffic generated by means of said breach in terms of this agreement.
2.19 Limitations on URLs
The use of Company Brand names, including but not limited to, Luckyheroes, LuckyHeroes, Lucky Heroes, Lucky Heroes Casino, Lucky Heroes Sport or Lucky Heroes Poker trademarks or any variation of these names or any use of any words that are confusingly similar, in Affiliate Links is restricted and prohibited. Our Company Brand name may not be used in a derivative URL or subdomain.
For example:
www.Yoursite.com/luckyheroes.html – ALLOWED
luckyheroes.Yoursite.com – NOT ALLOWED
http://www.YoursiteLuckyHeroes.com/ – NOT ALLOWED.
3. AFFILIATE RIGHTS
3.1. Right to direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by persons or entities other than you.
3.2. Licence to use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable licence, during the term of this Affiliate Agreement, to use the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by the Company. This licence cannot be sub-licensed, assigned or otherwise transferred by you.
3.3. Players’ Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of the Company’s customers.
3.4 Financial reporting on Referred Player/Customer activity:
The style, form, content and frequency of generated reports may, at Our discretion, vary from time to time. You will be provided with remote online access to generated reports of Referred Player activity and the Fees attracted by that activity. To gain access to these online reports, You will need to use Your username and password as provided to You by the Company. We will provide You with a unique tracking link, but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track Referred Players referred by You if the links You use are incorrect, so You must ensure to copy the code exactly as presented in Referon. We will not be liable to pay Fees on any Referred Players who are not tracked due to modified tracking codes or links. It is Your responsibility to inform the Company immediately if the tracking link provided is broken or does not work correctly.
In the event that a Referred Player does not convert from a registered player to a depositing player within the first six (6) months of her/his lifecycle as a Referred Player, We reserve the right to remove the affiliate tag and not pay any Fees in relation to such Referred Player.
4. COMPANY OBLIGATIONS
4.1. We shall use our best efforts to provide you with all materials and information required for the necessary implementation of the Affiliate Links.
4.2. At our sole discretion, we will register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
4.3. We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
4.4. We shall use and process the following personal data of an Affiliate or any Affiliate employee: your username for logging in, your email address, name, date of birth, your country and address, telephone number and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship. You are hereby granting authorisation to us to use and process such personal data.
4.5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with Clause 6.
5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
a) the right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Affiliate Agreement. During such a period of suspension payment of Commissions shall also be suspended;
b) the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
c) the right to withhold any amount/amounts from the Commission monies which the Company deems at its sole discretion reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
d) immediately terminate the Affiliate Agreement; Our rights and remedies detailed above shall not be mutually exclusive, and the Company reserves the right to any and all legal action/remedies available to the Company at law.
5.1 Your Restrictions
You shall not be entitled to any Fees in relation to any Sub-Affiliate if, in the case that You are a legal person, they are Your employee, director, shareholder or agent or, in the case that You are a natural person, they are Your employee, agent or direct family member. You shall not earn any Fees on Your own customer account registered with Us nor on the customer account/s registered with Us of Your employees or family members.
5.2 Manipulation/Advising Referred Players to the Detriment of the Group
You shall not advise or incentivise Your Referred Players in any manner which would negatively affect the profitability of the affiliate relationship between You and Sublime Affiliates. Prohibited activities include, but are not limited to, advising Referred Players about ways in which the Products could be abused or manipulated.
If fifty per cent (50%) or more of Your Referred Players are betting on a single outcome in relation to a Product, this shall be a breach of this Agreement with the respective consequences as provided herein.
6. COMMISSION AND PAYMENT
All payments are due and payable in Euros. Affiliate Fees shall be processed through any of the payment methods currently available in the Affiliate Program and selected by You inside your affiliate account. It is Your responsibility to keep Your payment details updated at all times. Any charges in connection with transferring the Affiliate Fees to You will be covered by You and deducted from Your Affiliate Fees. For the avoidance of doubt, We have no liability to pay any currency conversion charges or any charges associated with the transfer of money to Your bank account.
6.1. Subject to joining the Affiliate Program Your Account shall be set to Our standard Remuneration Plan unless otherwise specified and agreed between the parties in the Insertion Order. The standard Remuneration Plan refers to a Net Revenue Share percent determined by the number of Customers referred by the Affiliate within one month and is calculated in accordance with the rules given below. We retain the right to change the Commission percentage and method of calculation of the Commission in accordance with this clause. Unless otherwise specified and agreed between the parties in the Insertion Order, the Standard Remuneration Plan shall be:
FTDs Revenue %
1 > New Players 40%
6.2 The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, by the last day of the following calendar month.
6.4. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate. In case of any overpayment made to the Affiliate, the Affiliate hereby agrees and accepts to refund any difference in overpayment immediately unto the Company.
6.5. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure.
6.6. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within seven (7) calendar days and clearly state the reasons for the disagreement. Failure to notify the Company within this time limit shall be considered an irrevocable acknowledgement and acceptance of the balance due for the relevant period.
6.7 The Affiliate will only qualify for commission if their referred players deposit within a six(6) month window. All payments outside of this timeframe will be considered late conversions and will not be incurred by Sublime Affiliates.
6.8 Payment Options Payment shall be made by Us to You by way of the method selected by You upon registration or accessible through the ‘payment information’ section of Your account at any time. You may only choose from:
Electronic Bank Transfer (Your bank account must be able to receive Euro amounts)
(If Your bank account is based in Canada or the USA or You do not have an IBAN, unfortunately, this automated electronic bank transfer service will not be available to You. Please contact us at invoice@sublimeaffiliates.com to discuss this further)
Should You fail to register a valid payment method and full correct details upon acceptance of these Terms and Conditions, Sublime Affiliates will not contact You to inform You to update Your details, and Sublime Affiliates will not be liable in any manner whatsoever for failure to pay You in such circumstance.
Should You fail to send us an invoice, or otherwise fail to claim any amount due to You within twenty-four (24) months from when such amount becomes due, such amount shall be written off and will no longer be due to You.
We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising although We endeavour to process the Fees earned by You in the previous calendar month by the fifteenth (15th) day of the following month. Should You wish to dispute or contest any amounts or Fees reflected in Referon which are due to You, You shall have the right to do so within ninety (90) days from when such amount falls due. Following the lapse of said ninety (90) days, such amount shall be considered final and cannot be disputed or contested under any circumstance.
6.9. The Commission shall be deemed to be exclusive of value-added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement. The Affiliate hereby agrees and accepts that the Company shall not be responsible and/or liable in any manner whatsoever for any taxes, levies, charges related to and due by the Affiliate.
6.10. A CPA (cost-per-action) is paid to an affiliate for each player whose bet amount at least equals the amount of the established CPA or the equivalent in other currencies if the transaction does not have additional conditions such as baseline or others.
6.11 Unless agreed otherwise between the Parties in writing, the first twenty five (25) Referred Players under the CPA Deal or Hybrid Deal are to be considered as a test phase in which We will assess the quality of the Referred Players. After the test phase has been completed, We shall, in Our sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts, based on the results obtained in the testing phase.
6.12 Terms applicable to Hybrid Deals
Under the Hybrid Deal, Your payment will contain elements of both a Rev Share Deal and a CPA Deal, based on the models outlined above.
6.13. Changes in payment method:
In case of any changes made by you in your payment method in your account so as to receive a particular payout, such changes (e.g. payment details, banks, wallet) shall be made not later than the (5th) day of the month, following the month of calculation. If such changes would be made later than the 5th day of the month, the payout would be based on the previous details/bank/wallet. For reason, when no payout details were provided, the particular payout would be transferred for the next month till payout details would not be provided.
6.14 Minimum payment thresholds depend upon the payment method selected by the Affiliate. If the balance of the Commission due to the Affiliate in respect of any calendar month is less than the following payment thresholds, such Commission will be carried over into subsequent months until the thresholds have been reached:
Electronic Bank Transfer – €500 per brand
6.15 Where Commission earned by an Affiliate in relation to a High Roller result in a negative amount in any calendar month, the Company reserves the right to carry forward, in full, any such negative amounts and set off the amounts which have been carried forward against any future Commission payable to the Affiliate in relation to the same High Roller until the negative balance has been fully set off against future Commission.
6.16 (NNCO) Negative carryover terms:
If the Affiliate’s account in the current accounting period (from the first day of the month till the last day of the month) has a negative NGR under his own activity (Affiliate’s NGR), such as negative NGR would not be carried over on the next month.
6.17 CPA will not trigger if a customer self-excludes themselves or closes their account during the calendar month in which they make their first deposit.
7. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with / exposed to confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program).
You agree to not disclose and/or commit any unauthorised use of any such confidential information to third persons or any outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for the purposes available to you by way of the Affiliate Agreement. Your obligations in regard to this clause survive the termination of this Agreement. In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company (with approval of the exact content to also be approved by the Company).
8. TERM AND TERMINATION
8.1. This Agreement shall take effect with Our accepting of the Affiliate Application Form. Either party can terminate this Agreement with or without cause by providing twenty-four (24) hours prior written notice to the other.
For the avoidance of doubt, the Company may also terminate (in accordance with Clause 5 above) upon immediate notice at any time for the Affiliate's failure to meet their obligations under the Agreement or otherwise for the Affiliate’s negligence.
8.2. You may terminate this Agreement upon written notice addressed to contact@sublimeaffiliates.com with a subject line “Termination”. For the avoidance of doubt, Your participation in the Affiliate Program would be ended with the termination of this Agreement.
8.3. Affiliate actions upon termination
Upon termination you must immediately remove any and all Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites. All rights and licenses given to you in the Affiliate Agreement shall immediately terminate. You shall return to the Company any and all confidential information and all copies of it in your possession and control and shall cease all uses of all Company Intellectual Property Rights.
8.4. Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to the Company during the term shall not be payable to the Affiliate as from the date of termination.
8.5. Pause
The Company shall have the right at any time whatsoever to Pause all and any services if at its sole and discretion, it is deemed required within the circumstances. Upon such pause you must immediately remove any and all Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites.
9. MISCELLANEOUS
9.1. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about the Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and shall not be held liable in any manner whatsoever for the consequences if there are any, in such an event. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.
9.2. Indemnity and Limitation of Liability
You hereby agree and accept that you shall indemnify and hold the Company, our directors, employees and representatives harmless from and against any and all claims and liabilities whatsoever, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our creatives and links or this Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
9.3. Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
9.4. Relationship of Parties
The Company and the Affiliate are and shall be considered as independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.
9.5. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonablecontrol, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
9.6. Assignability
You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
9.7. Severability
If any provision of the Affiliate Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of the Affiliate Agreement or any provision hereof.
9.8. English language
The Affiliate Agreement was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.
9.9. Modification of Terms & Conditions
We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules.
If any modification is unacceptable to you, your need to terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the modification or of the new agreement.
The following terminology applies to these Terms and Conditions: "Affiliate", "You" and "Your" refer to you, the person and/or entity accessing the website, registering and making use of the Affiliate program and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us" refer to our Company. "Party", "Parties" or "Us" refers to both the the Affiliate and ourselves, or either the Affiliate or ourselves.
By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood, agreed and accepted the Affiliate Agreement together with all its terms and conditions. We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your tacit consent to the Agreement and to any and all updates thereof.
For the avoidance of doubt, and unless otherwise mentioned in this agreement, these Terms and Conditions shall supersede any other terms and conditions applicable to such contractual instrument concluded between the Parties.
This Agreement along with Your Affiliate Application Form, Insertion Order and any other guidelines or additional terms We provide You with via email or on Our Website (together the “Affiliate Agreement”) represent the complete terms and conditions that apply to You in relation to Your participation in the Sublime Affiliates affiliate program (the “Affiliate Program”). In the event that the provisions of the Affiliate Application Form conflict with the provisions of this Agreement, the provisions of this Agreement prevail. In the event that the provisions of the Insertion Order conflict with the provisions of this Agreement, the provisions of the Insertion Order prevail.
1. DEFINITIONS
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by Company.
1.3“Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures (inclusive of any insertion orders connected with these Terms and Conditions) applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
1.4“Your Affiliate Application Form” means the application made by the Affiliate to participate in the Affiliate Program.
1.5 Insertion Order” – document that specifies the details of cooperation with the Affiliate together with these terms and conditions such as: brands/websites to be promoted, targeted countries, term of the Agreement, remuneration type, applicable commission structure etc.
1.6 “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other third-party website to Company Websites.
1.7 “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services, the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise controlled by the Affiliate.
1.9 “Company” shall mean by Awesome Entertainment Group Ltd and any other company within our group of, including our parent companies, their parent companies and all of the subsidiaries of these respective companies.
1.10 “Company Websites” means the website www.luckyheroes.com or other such websites (including mirror websites) as may be added from time to time by the Company to the Affiliate Program.
1.11 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Customer (CPA structure), a hybrid deal for a New Customer (Hybrid structure) as set out in the agreed Commission Structures.
1.12 “Commission Structures” means any specific reward structures expressly agreed upon between Company and the Affiliate.
1.13 “Confidential Information” means any information of commercial or essential value relating to the Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans and manners of operation and any other information identified as confidential information by the Company.
1.14 “Intellectual Property Rights” means any Company related copyrights, trademarks, service marks, domain names, brands, business names, registrations, and any and all other Company intellectual property of the aforesaid and/or any other similar rights of this nature.
1.15 “Net Revenue” means all monies received by the Company by way of deposit after having utilised the following formula: New Customer real money stakes remaining after deducting the following: 25% administration fee; real money wins; paid bonuses; transaction costs and chargebacks; and any applicable gambling taxes and VAT (including reasonable provisions to pay such taxes). For the avoidance of doubt, it is expressly stated that all amounts referred to above are only in relation to amounts generated from New Customers referred to the Websites by the Affiliate Website(s).
1.16 “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites. This excludes the Affiliate, its employees, relatives and friends.
1.17 “Parties” means Company and the Affiliate (each a “Party”).
1.18 “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
1.19 “High Roller” means a customer, for which Commission is payable to the Affiliate, which generates negative Net Revenue of at least €5,000 (Five Thousand Euro) (or the equivalent in other currency) in any given calendar month.
1.20 “Affiliate Network” An individual and/or entity which You have a business relationship with and who operates for You with the intention of driving traffic to the Websites, or that You direct in any appropriate manner to the Websites and who does not have an Affiliate Account directly with Sublime Affiliates but is connected to Your Affiliate Account.
1.21 “Fees” The amounts due to You by Sublime Affiliates in exchange for the provision of the services in accordance with the conditions of this Agreement, calculated under the respective profit-share model, cost-per-acquisition-model, or hybrid model, as the case may be.
1.22 “Administration fee”/”Admin fee” shall mean any type of third party fee or cost incurred by the Company which shall be covered and expensed onto the Affiliate which shall include but not be limited to: Cost of Sales, game provider costs, and payment service provider costs.
1.23 “Markets” All markets in which the Company operates.
1.24 “Progressive Contributions” A percentage of revenue generated on any progressive game that is paid over by Us into the Affiliate Network’s progressive pool.
1.25 “Referred Player/Customer” An individual who has, for the first time and in an appropriate manner, registered for an account with Us directly through one of Your Affiliate Links. For the avoidance of doubt, players which are already Our customers shall not be considered “Referred Players”. By opening an account with Us, any Referred Player will become Our customer and must comply with all Our applicable rules, policies, terms and conditions and operating procedures.
1.26 “Sub-Affiliate/s” An individual/corporate entity/organisation that You have a business relationship with and who operates for You with the intention of driving traffic to the Websites, or that You direct in any appropriate manner to the Websites.
1.27 “Fraud” Any form of fraud committed by an Affiliate and/or a Referred Player, which in Our sole opinion and sole discretion, is deliberately practiced by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to: 1. Chargebacks; 2. Bonus abuse by a Referred Player or group of Referred Players; 3. Your (or a third party’s) encouragement to a Referred Player to abuse Our bonus offers; 4. Collusion on the part of the Referred Player with any other Referred Player; 5. Your (or a third party’s) offering or providing unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up; 6. Dropping or stuffing cookies; 7. A Referred Player holding multiple accounts.
1.28 “Fraud Costs” The costs incurred (financial or otherwise) by Us as a direct or indirect result of Fraud committed by You, Your employees, Sub-Affiliates, business partners, Referred Players, and/or third parties linked to Your Affiliate Account to whom You, as an Affiliate, have introduced the Products.
1.29 “Balances Carried Over” In the calculation of commission where Net Win is negative due to Customer winnings and/or Admin Fees and/or Cash Items and/or Progressive Contributions, the said balance will be set to zero. A negative balance due to Fraud Costs will however be carried over where applicable.
1.30 “Chargeback” The reversal of a payment made previously to Us by a Referred Player or the credit card-issuing bank or any other third party payments solution provider. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.
1.31 “Baseline” means the minimum qualifying deposit required from the customer in order for the Affiliate to get rewarded in terms of this agreement, whether included in this agreement or in the insertion order as the case may be.
1.32. "Review Trigger" means the maximum number of Referred Players that can be sent during the test phase in which we will assess the quality of the Referred Players. After the test phase has been completed, We shall, in Our sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts, based on the results obtained in the testing phase. If the Affiliate sends a higher volume of players than agreed in the Review Trigger without approval from the Company, they will not be due any financial compensation from the company for the players that were referred after the Review Trigger limit was exceeded.
2. AFFILIATE OBLIGATIONS
2.1 Registering as an Affiliate
To become a member of our Affiliate Program you must accept these terms and conditions by ticking the respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. The Affiliate accepts and agrees that by becoming part of our Affiliate Program, the Affiliate is accepting these Terms and Conditions.
2.2 Affiliate Appointment
Your application to be an Affiliate will be reviewed following submission and You will be notified in a timely manner of Our acceptance or rejection of Your application.
If the information provided by You upon registration is deemed insufficient, or for any other reason at our sole discretion, We reserve the right to reject Your application to become an Affiliate and to withhold pay-out.
Upon acceptance into the Affiliate Programme, You hereby accept the appointment as an Affiliate. For the avoidance of doubt, any auto-approval by Us does not imply that We may not re-evaluate Your application at a later stage.
You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals and that You shall have no claims to any fees or other compensation on business secured by or through persons or entities other than You.
2.3 Affiliate Program Participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. You understand and accept that you shall not open more than one Affiliate Account without our prior written consent. By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise, market and promote the Company Websites in accordance with the Affiliate Agreement and Company’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way harm the Company’s reputation or goodwill.
You may link to the Company Website’s using the Affiliate Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf.
2.4 Affiliate Website
You shall be solely responsible for the development, operation and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws, including General Data Protection Regulation (GDPR), and functions as a professional website.
You will not present the Affiliate Website in such a way that it may cause confusion with the Company Websites, or so that it may give the impression that it is owned or operated by Company.
The Affiliate Website will not contain any defamatory, libellous, discriminatory or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory or pornographic materials or content which would be unlawful in the target country).
2.5 Valid traffic and good faith
You will not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behaviour shall be deemed as fraud.
You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse, money laundering, fraud, or any other type of abuse of remote gaming websites, you are obliged to immediately notify us of this.
2.6 Unsuitable websites
You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured. The Company also reserves the right to determine at its sole discretion whether a website is considered unsuitable for the purposes of this clause.
2.7 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website.
You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. If any links are displayed inappropriately, the Company reserves the right to order the Affiliate to either remove the said link or to amend the manner in which the said link is displayed, and the Affiliate hereby agrees to comply immediately with any such demand.
2.8 Email and SMS marketing
If sending any emails or SMS communications to individuals which (i) include any of the Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Company Websites, you must first obtain our permission to send such emails.
If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company. The Affiliate hereby acknowledges and agrees that in the event that the Affiliate breaches this clause or conducts any unauthorised and/or prohibited marketing activity, the Company shall have the right to withhold any commission due by way of this agreement.
2.9 Use of Company Intellectual Property Rights
Any use of the Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in the clause below.
You shall not undertake any activities in violation of the intellectual property rights of Sublime Affiliates and the Company, including but not limited to: brand bidding, registering or using any domains with confusingly similar names to the Company Brands, copying the “look and feel” of our sites or software, using any Company marks, branding or logos except as expressly permitted by this Agreement, or modifying any Marketing Material made available by Sublime Affiliates.
2.10 Restricted Territories
Please note that individuals who are residents of, Afghanistan, Belarus, Belgium, Bulgaria, Curaçao, Cyprus, Denmark, Estonia, France, Greece, Iran, Iraq, Israel, Lithuania, Malta, the Republic of Moldova, Romania, Russia, North Korea, Netherlands, Spain, Ukraine (including the territory of Crimea), United Kingdom, United States of America, Cote d’ivoire.
NetEnt games are unavailable:
Afghanistan, Albania, Algeria, Angola, Australia, Bahamas, Belgium, Botswana, Bulgaria,Colombia, Croatia, Czech Republic, Denmark, Ecuador, Estonia, Ethiopia, France, Georgia, Ghana, Guyana, Hong Kong,Iran, Iraq, Israel, Italy, Kuwait, Latvia, Lithuania, Mexico, Namibia, Nicaragua, North Korea, Pakistan, Panama, Philippines, Portugal, Romania, Singapore, Spain, Sudan, Sweden, Switzerland, Ukraine, Syria, Taiwan, Trinidad and Tobago, Tunisia, Uganda, United Kingdom, United States of America, Yemen, Zimbabwe.
Planet of the ApesVideo Slot are unavailable:
Azerbaijan, China, India, Malaysia, Qatar, Russia, Thailand, Turkey, Ukraine.
Vikings Video Slot are unavailable:
Azerbaijan, Cambodia, Canada, China, France, India, Indonesia, Laos, Malaysia, Myanmar, Papua New Guinea, Qatar, Russia, South Korea, Thailand, Turkey, Ukraine, United States of America.
Narcos Video Slot are unavailable:
Indonesia, South Korea.
Street Fighter Video Slot are unavailable:
Anguilla, Antigua, Barbuda, Argentina, Aruba, Barbados, Bahamas, Belize, Bermuda, Bolivia, Bonaire, Brazil, British Virgin Islands, Canada, Cayman Islands, China, Chile, Clipperton Island, Columbia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, El Salvador, Greenland, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Japan, Martinique, Mexico, Montserrat, Navassa Island, Paraguay, Peru, Puerto Rico, Saba, Saint Barthelemy, Saint Eustatius, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, South Korea, Suriname, Turks and Caicos Islands, United States of America, Uruguay, US Virgin Islands, Venezuela.
Universal Monsters games (Dracula, Creature from the Black Lagoon, The Invisible Man):
Andorra, Armenia, Austria, Azerbaijan, Belarus, Bosnia and Herzegovina, Cyprus, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Liechtenstein, Luxembourg,Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Russia, San Marino, Serbia, Slovakia, Slovenia, Turkey, Ukraine or any other jurisdiction where participation would be in conflict with any Applicable Law are not allowed to register and play at any of the Sublime Affiliates sites.
We furthermore cannot accept any traffic coming from .nl sites, third party marketing specifically for The Netherlands and/or any marketing activities in Dutch. We also cannot accept any traffic, third party marketing and/or marketing activities from any countries/locations/jurisdictions in which legal measures are present which do not permit such activity in reference to our company.
We reserve the right to update this list at any time at our discretion and to take any and all legal measures available against You should You advertise the Company to any individuals within the aforementioned jurisdictions.
2.11 Approved Creative
You will not use any advertising layout or creative (including banners, images, logos) incorporating our Intellectual Property Rights unless the advertising layout or creative was provided to you by the Company or (if advertising layouts are created by you) without the advance written approval of the Company. You will not modify the appearance of any advertising that has been provided to you or for which approval was granted.
It is your responsibility to seek approval from Company in time for the launch of any advertising campaign or creative, to ensure you have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
2.12 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on the Company Websites.
2.13 Responsible Gaming
The Company has an ongoing commitment to responsible gaming and the prevention of gambling addiction. You agree and accept to actively cooperate with the Company to convey a responsible gaming message. Additionally, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their respective jurisdiction.
2.14 Illegal activity
You will not target any territory or jurisdiction where gambling is illegal. You will act within the relevant and/or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise.
2.15 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations or laws applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
2.16 Cost and expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Affiliate Agreement.
2.17 Company monitoring of Affiliate activity:
You will immediately give the Company all such assistance as is required and provide us with all such information as is requested by the Company to monitor your activity under the Affiliate Program.
Trademark and Intellectual Property Infringements:
You acknowledge that the Company has registered trademarks in relation to the Company Brand and Identity and You agree that You shall not infringe or threaten to infringe, or carry out any unauthorised use of the Company Brand, the Products, or any other Company Intellectual Property, particularly in relation to:
The use of domain names (SLD) or brand names that are similar to the Brand and/or Lucky Heroes, Lucky Heroes Casino, Lucky Heroes Sport and/or variations thereof or words that are confusingly similar; or any bid made by You to any internet search engine or mobile application on keywords including but not limited to the following: casino LuckyHeroes;+lucky; +LuckyHeroes; +lucky; +heroes; +lucky; +bonus; lucky; Luckyheroes; lucky heroes; lucky bonus; +luckyheroes +app; luckyheroes casino; lucky heroes casino; luckyheroes bonus; luckyheroes login; lucky casino; Luckyheroes.com; luckyheroes promotions; lucky promo; lucky promotions; luckyheroes welcomebonus; lucky eroes.com; luckyheroes; lucky heroes; luckyhergas; luckyheroes gaming; lucky hero; luckyheros; lucky bet; luckyheroescasino; luckyheroes welcome bonus; +lucky heroes +casino; +lucky +heroes +casino; +lucky +casino; +luckyheroes.com; +lucky heroes +login; +Lucky Heroes; +sport; +luckyheroes; +luckheroes +bonus; +luckyheroes +log +in; +luckycasino; +lucky +heroes +sport; +luckyheroes +sports; “lucky heroes sport; +luckyheroes +Germany; “luckyheroes”; “luckyheroes bonus”; “Casino”; +LuckyHeroes +Slots; “luckyheroes”; “lucky heroes mobile”; “lucky heroes live chat”; lucky heroes android”; “luckyheroes nederlands”; “luckysheroes”; “luckyheroes..com”; “casino lucky heroes”; “luckyheroes news”; “lucky heroic”; +luckyheroes +betting; www.luckyheroes; +LuckyHeroes +Casino; “luckyheroes Finland”; +luckyheroes +sportsbook; “luckyheroes betting”; “luckyheroes Casino live”; “luckyheroes mobil”; “luckyheroes betting”; “www luckyheroes com”;“lucky heroes”; “www luckyheroes com casino”; +LuckyHeroes +Live +Casino; +LuckyHeroes; “lucky heroes Casino”; “lucky heros Slots”; +LuckyHeroes; “luckyheroes sport”; +LuckyHeroes +sport; “lucky heroes Casino”; “luckyheroes welcome offer”; “luckyheroes free spins”; “lucky kasino”; “www luckyheroes”; “lucky heroes mobile app”; “luckyheroes”; “luckyheroes.de”; “lucky beroes”; “luckyheroees”; “luckyheroes roulette”; “luckyheroes bonus”; “luckyheroes free spins”; +LuckyHeroes +Casino +free +spins; “luckyheroes sport”; +Luckyheroes; “luckyheroes norway”; “luckyheroes sport”; “lucky heroes”; “luckyheroes welcomeoffer”;+lucky +heroes; +LuckyHeroes +Slots; “luckyheroes”; +LuckyHeroes +Casino; “luckyheroes se”; “luckyheroes sports Bonus”; +luckyheroes +streaming; “luckyheroes”; “luckyheroes Casino Bonus”; “luckyheroes sverige”; “luckyheroes app android”; “luckyherus”; “luckyheroes app download”; “luckyyheroes”;“luckyheroes ireland”; “lucky heros”; “luckysheroes”; “luckyheroes sportwetten”; “luckysheroes.com”; “luckyheroes casino”;+LuckyHeroes +Casino; +lucky +heroes +Casino; “luckyheroes se”; “lucky heroes”; “lucky heroes sports Betting”;“www.luckyheroes.com”; “luckyheros.com login”; “lucky heroes online casino”; “luckyheroes switzerland”;“luckyheroes casino login”; “luckyheroes sports”; “lucky heroes sport”; “lucky eroes”; “luckyleos”; “luckyjeos”; “luckyheroes danmark”; “luckyheroes sign in”; “luckyheroes slots”; “lucky heroes canada”;“luckyheroes mobile”; “lucky heroes welcome bonus”; “luckyheroess”;“lucky heroes casino”;“luckyheros”;“lucky heroes”; “lucky heroes ;mobilcasino”; “luckilyheroes”; “lucky heroes live chat”; “luckyheroes casino bonus”; “lucky heroes casino online”; “luckybeos”; “lucky heroes uk”;“lucky heroes bonus”; “luckyheroes com”; “luckyheroes.con”; “luckyheroes uk”; “lucky heroes”; “luckyheroes canada login”; “luckies heroes”; “www.luckyheroes.com malta”; “lucky heroes.com”; “luckyheroes”; “luckyhero”; luckyheroes online casino”; “lucky heroes slots”; “luckyheros”; “www.luckyheroes.com © logincasino”;“lucky casino”;“luckyheroes casino canada”;“lucky casino bonus”; “luckycasino”; “luckyheroes sportsbook”; www.luckyheroes; “luckyheroes betting”; “lucky heroes android app”; and/or variations thereof or words that are confusingly similar ; or
The use of the Company Brand, and/or LuckyHeroes, LuckyHeroes Casino, LuckyHeroes Sport and/or variations thereof, or words that are confusingly similar as a name of a mobile application of the Company and/or Company Brand during the term of this Agreement or thereafter.
2.18 In the event of a breach of this Clause, We shall be entitled to exercise any and all means available to enforce and/or defend Our rights in the respective territory, and You shall thereby fully comply with Our requests immediately and without delay. Furthermore, in the event of a breach of this Clause, We shall have the right to withhold any payments due to the Affiliate and not reward or make any payment for any traffic generated thereto and via such means. The Affiliate therefore accepts and agrees that in the event of any breach of this clause the Affiliate shall not be entitled to any payments by way of this agreement which have been the result of traffic generated by means of said breach in terms of this agreement.
2.19 Limitations on URLs
The use of Company Brand names, including but not limited to, Luckyheroes, LuckyHeroes, Lucky Heroes, Lucky Heroes Casino, Lucky Heroes Sport or Lucky Heroes Poker trademarks or any variation of these names or any use of any words that are confusingly similar, in Affiliate Links is restricted and prohibited. Our Company Brand name may not be used in a derivative URL or subdomain.
For example:
www.Yoursite.com/luckyheroes.html – ALLOWED
luckyheroes.Yoursite.com – NOT ALLOWED
http://www.YoursiteLuckyHeroes.com/ – NOT ALLOWED.
3. AFFILIATE RIGHTS
3.1. Right to direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by persons or entities other than you.
3.2. Licence to use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable licence, during the term of this Affiliate Agreement, to use the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by the Company. This licence cannot be sub-licensed, assigned or otherwise transferred by you.
3.3. Players’ Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of the Company’s customers.
3.4 Financial reporting on Referred Player/Customer activity:
The style, form, content and frequency of generated reports may, at Our discretion, vary from time to time. You will be provided with remote online access to generated reports of Referred Player activity and the Fees attracted by that activity. To gain access to these online reports, You will need to use Your username and password as provided to You by the Company. We will provide You with a unique tracking link, but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track Referred Players referred by You if the links You use are incorrect, so You must ensure to copy the code exactly as presented in Referon. We will not be liable to pay Fees on any Referred Players who are not tracked due to modified tracking codes or links. It is Your responsibility to inform the Company immediately if the tracking link provided is broken or does not work correctly.
In the event that a Referred Player does not convert from a registered player to a depositing player within the first six (6) months of her/his lifecycle as a Referred Player, We reserve the right to remove the affiliate tag and not pay any Fees in relation to such Referred Player.
4. COMPANY OBLIGATIONS
4.1. We shall use our best efforts to provide you with all materials and information required for the necessary implementation of the Affiliate Links.
4.2. At our sole discretion, we will register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
4.3. We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
4.4. We shall use and process the following personal data of an Affiliate or any Affiliate employee: your username for logging in, your email address, name, date of birth, your country and address, telephone number and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship. You are hereby granting authorisation to us to use and process such personal data.
4.5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with Clause 6.
5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
a) the right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Affiliate Agreement. During such a period of suspension payment of Commissions shall also be suspended;
b) the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
c) the right to withhold any amount/amounts from the Commission monies which the Company deems at its sole discretion reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
d) immediately terminate the Affiliate Agreement; Our rights and remedies detailed above shall not be mutually exclusive, and the Company reserves the right to any and all legal action/remedies available to the Company at law.
5.1 Your Restrictions
You shall not be entitled to any Fees in relation to any Sub-Affiliate if, in the case that You are a legal person, they are Your employee, director, shareholder or agent or, in the case that You are a natural person, they are Your employee, agent or direct family member. You shall not earn any Fees on Your own customer account registered with Us nor on the customer account/s registered with Us of Your employees or family members.
5.2 Manipulation/Advising Referred Players to the Detriment of the Group
You shall not advise or incentivise Your Referred Players in any manner which would negatively affect the profitability of the affiliate relationship between You and Sublime Affiliates. Prohibited activities include, but are not limited to, advising Referred Players about ways in which the Products could be abused or manipulated.
If fifty per cent (50%) or more of Your Referred Players are betting on a single outcome in relation to a Product, this shall be a breach of this Agreement with the respective consequences as provided herein.
6. COMMISSION AND PAYMENT
All payments are due and payable in Euros. Affiliate Fees shall be processed through any of the payment methods currently available in the Affiliate Program and selected by You inside your affiliate account. It is Your responsibility to keep Your payment details updated at all times. Any charges in connection with transferring the Affiliate Fees to You will be covered by You and deducted from Your Affiliate Fees. For the avoidance of doubt, We have no liability to pay any currency conversion charges or any charges associated with the transfer of money to Your bank account.
6.1. Subject to joining the Affiliate Program Your Account shall be set to Our standard Remuneration Plan unless otherwise specified and agreed between the parties in the Insertion Order. The standard Remuneration Plan refers to a Net Revenue Share percent determined by the number of Customers referred by the Affiliate within one month and is calculated in accordance with the rules given below. We retain the right to change the Commission percentage and method of calculation of the Commission in accordance with this clause. Unless otherwise specified and agreed between the parties in the Insertion Order, the Standard Remuneration Plan shall be:
FTDs Revenue %
1 > New Players 40%
6.2 The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, by the last day of the following calendar month.
6.4. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate. In case of any overpayment made to the Affiliate, the Affiliate hereby agrees and accepts to refund any difference in overpayment immediately unto the Company.
6.5. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure.
6.6. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within seven (7) calendar days and clearly state the reasons for the disagreement. Failure to notify the Company within this time limit shall be considered an irrevocable acknowledgement and acceptance of the balance due for the relevant period.
6.7 The Affiliate will only qualify for commission if their referred players deposit within a six(6) month window. All payments outside of this timeframe will be considered late conversions and will not be incurred by Sublime Affiliates.
6.8 Payment Options Payment shall be made by Us to You by way of the method selected by You upon registration or accessible through the ‘payment information’ section of Your account at any time. You may only choose from:
Electronic Bank Transfer (Your bank account must be able to receive Euro amounts)
(If Your bank account is based in Canada or the USA or You do not have an IBAN, unfortunately, this automated electronic bank transfer service will not be available to You. Please contact us at invoice@sublimeaffiliates.com to discuss this further)
Should You fail to register a valid payment method and full correct details upon acceptance of these Terms and Conditions, Sublime Affiliates will not contact You to inform You to update Your details, and Sublime Affiliates will not be liable in any manner whatsoever for failure to pay You in such circumstance.
Should You fail to send us an invoice, or otherwise fail to claim any amount due to You within twenty-four (24) months from when such amount becomes due, such amount shall be written off and will no longer be due to You.
We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising although We endeavour to process the Fees earned by You in the previous calendar month by the fifteenth (15th) day of the following month. Should You wish to dispute or contest any amounts or Fees reflected in Referon which are due to You, You shall have the right to do so within ninety (90) days from when such amount falls due. Following the lapse of said ninety (90) days, such amount shall be considered final and cannot be disputed or contested under any circumstance.
6.9. The Commission shall be deemed to be exclusive of value-added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement. The Affiliate hereby agrees and accepts that the Company shall not be responsible and/or liable in any manner whatsoever for any taxes, levies, charges related to and due by the Affiliate.
6.10. A CPA (cost-per-action) is paid to an affiliate for each player whose bet amount at least equals the amount of the established CPA or the equivalent in other currencies if the transaction does not have additional conditions such as baseline or others.
6.11 Unless agreed otherwise between the Parties in writing, the first twenty five (25) Referred Players under the CPA Deal or Hybrid Deal are to be considered as a test phase in which We will assess the quality of the Referred Players. After the test phase has been completed, We shall, in Our sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts, based on the results obtained in the testing phase.
6.12 Terms applicable to Hybrid Deals
Under the Hybrid Deal, Your payment will contain elements of both a Rev Share Deal and a CPA Deal, based on the models outlined above.
6.13. Changes in payment method:
In case of any changes made by you in your payment method in your account so as to receive a particular payout, such changes (e.g. payment details, banks, wallet) shall be made not later than the (5th) day of the month, following the month of calculation. If such changes would be made later than the 5th day of the month, the payout would be based on the previous details/bank/wallet. For reason, when no payout details were provided, the particular payout would be transferred for the next month till payout details would not be provided.
6.14 Minimum payment thresholds depend upon the payment method selected by the Affiliate. If the balance of the Commission due to the Affiliate in respect of any calendar month is less than the following payment thresholds, such Commission will be carried over into subsequent months until the thresholds have been reached:
Electronic Bank Transfer – €500 per brand
6.15 Where Commission earned by an Affiliate in relation to a High Roller result in a negative amount in any calendar month, the Company reserves the right to carry forward, in full, any such negative amounts and set off the amounts which have been carried forward against any future Commission payable to the Affiliate in relation to the same High Roller until the negative balance has been fully set off against future Commission.
6.16 (NNCO) Negative carryover terms:
If the Affiliate’s account in the current accounting period (from the first day of the month till the last day of the month) has a negative NGR under his own activity (Affiliate’s NGR), such as negative NGR would not be carried over on the next month.
6.17 CPA will not trigger if a customer self-excludes themselves or closes their account during the calendar month in which they make their first deposit.
7. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with / exposed to confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program).
You agree to not disclose and/or commit any unauthorised use of any such confidential information to third persons or any outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for the purposes available to you by way of the Affiliate Agreement. Your obligations in regard to this clause survive the termination of this Agreement. In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company (with approval of the exact content to also be approved by the Company).
8. TERM AND TERMINATION
8.1. This Agreement shall take effect with Our accepting of the Affiliate Application Form. Either party can terminate this Agreement with or without cause by providing twenty-four (24) hours prior written notice to the other.
For the avoidance of doubt, the Company may also terminate (in accordance with Clause 5 above) upon immediate notice at any time for the Affiliate's failure to meet their obligations under the Agreement or otherwise for the Affiliate’s negligence.
8.2. You may terminate this Agreement upon written notice addressed to contact@sublimeaffiliates.com with a subject line “Termination”. For the avoidance of doubt, Your participation in the Affiliate Program would be ended with the termination of this Agreement.
8.3. Affiliate actions upon termination
Upon termination you must immediately remove any and all Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites. All rights and licenses given to you in the Affiliate Agreement shall immediately terminate. You shall return to the Company any and all confidential information and all copies of it in your possession and control and shall cease all uses of all Company Intellectual Property Rights.
8.4. Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to the Company during the term shall not be payable to the Affiliate as from the date of termination.
8.5. Pause
The Company shall have the right at any time whatsoever to Pause all and any services if at its sole and discretion, it is deemed required within the circumstances. Upon such pause you must immediately remove any and all Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites.
9. MISCELLANEOUS
9.1. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about the Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and shall not be held liable in any manner whatsoever for the consequences if there are any, in such an event. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.
9.2. Indemnity and Limitation of Liability
You hereby agree and accept that you shall indemnify and hold the Company, our directors, employees and representatives harmless from and against any and all claims and liabilities whatsoever, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our creatives and links or this Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
9.3. Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
9.4. Relationship of Parties
The Company and the Affiliate are and shall be considered as independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.
9.5. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonablecontrol, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
9.6. Assignability
You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
9.7. Severability
If any provision of the Affiliate Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of the Affiliate Agreement or any provision hereof.
9.8. English language
The Affiliate Agreement was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.
9.9. Modification of Terms & Conditions
We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules.
If any modification is unacceptable to you, your need to terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the modification or of the new agreement.