Affiliate programme terms

Draft for review by counsel. This is a template for the operator to publish under its own name. It is not legal advice. Text in [square brackets] must be filled in before publication. Figures in brackets are the portal's defaults and must match the programme settings.

Effective [date]. Version 0.1.

These terms are between [Operator legal name], [registered address] ("we", "the Operator") and the person or company accepted into our affiliate programme ("you", "the Affiliate"). By ticking the box on the application form, you accept them.

1. Joining

1. You apply through the partner portal. We may accept or refuse any application, and do not have to give a reason.
2. You must be at least 18, and able to enter into contracts. If you apply for a company, you confirm you may bind it.
3. You must give accurate details and keep them up to date, including your payment details and the websites and channels you use.
4. We may ask for identity and company documents before paying you, and at any time to meet our anti-money laundering duties.

2. Our brands and licences

We promote the brands listed in the portal, under these licences: [Curacao (CGA) licence number], [Anjouan licence number], [Estonia (EMTA) licence and operating permit numbers], [.com brand: state that it holds no licence, or name the entity]. You may promote a brand only to people in countries that the brand is allowed to serve.

3. Restricted countries

1. You must not direct traffic, advertise or promote to people in a restricted country. Restricted countries include sanctioned countries, countries a brand's licence prohibits, and countries with their own licensing regime. The current list for each brand is in the portal and on our [restricted countries page]. It may change at any time, and a change applies from the moment it is posted.
2. A player who registers from a restricted country, or from an unknown country, earns no commission. The portal records this.
3. Repeated or deliberate traffic from restricted countries is a serious breach (section 9).

4. Responsible marketing

You must:

1. never market to anyone under 18, or under the legal gambling age in their country if that is higher, and never use content that appeals mainly to minors.
2. never market to people who are self-excluded, and remove anyone from your lists who asks.
3. never make misleading claims, such as "risk-free", "guaranteed winnings", "can't lose", or that gambling solves money problems.
4. keep the "18+" mark and a safer gambling message on every creative, landing page and post, and keep our creatives unchanged. The portal checks our creatives for these.
5. state bonus terms clearly and link to the full terms.
6. follow the advertising rules, codes and laws of every country your audience is in, and the policies of the platforms you use.
7. send email, SMS or other direct marketing only with consent that meets the law of the recipient's country, and keep records of that consent.
8. disclose that your content is advertising, as the law and platform rules require.

5. Prohibited methods

You must not:

1. register, or ask others to register, through your own links (self-referral), or refer players you have paid or rewarded to register.
2. use bots, incentivised clicks, cookie stuffing, forced clicks, or any method that fakes traffic, clicks or registrations.
3. bid on our brand names or trade marks in search ads, or use domains or social handles that contain them, unless we agree in writing.
4. use spam, malware, or misleading redirects.
5. offer players bonuses or rewards of your own, unless we agree in writing.

The portal flags patterns such as registrations seconds after a click, many registrations from one network, deposits at exactly the minimum, high chargeback rates and self-referral. A flag is checked by a person before any commission is withheld.

6. Tracking

1. You must use the tracking links from the portal. A player is credited to you if they register after clicking your link, within [30] days of the click, and no later click by another affiliate replaces yours. [Confirm the last-click rule matches the engine.]
2. Our tracking link sets no cookie. It records the click and adds a reference (the btag) to the address of our landing page. Our site keeps that reference for later visits only if the visitor agrees to it in our cookie banner. If a visitor does not agree and registers on a later visit, the registration may not be credited to you. You must not try to set tracking cookies or store the reference on our sites yourself.
3. Our records of clicks, registrations and player activity are final, unless there is an obvious error.
4. You see players only as anonymous tokens. You must not try to identify them.

7. Commission

1. Your commission plan is shown in the portal. Plans may be CPA (a fixed amount for each qualifying first deposit), revenue share (a percentage of net gaming revenue), hybrid, or CPL, and may have tiers.
2. Net gaming revenue is gross gaming revenue less bonus costs, chargebacks, [payment and platform fees, and gaming taxes]. [Define exactly.]
3. If your plan carries negative revenue forward, a negative month is set against the next month's commission.
4. If you refer another affiliate through a sub-affiliate link, you may earn a share of their commission, as your plan states.
5. Commission is calculated monthly. It is pending until we approve it. Approved commission does not change.
6. No commission is due on players who are from restricted countries, underage, self-excluded, fraudulent, or connected with you, or on activity we reverse for fraud, chargebacks or bonus abuse.

8. Payment

1. We pay approved commission within [15] days after the end of each month, once your unpaid balance reaches [EUR 100]. A lower balance carries forward.
2. We pay in [EUR] to the account you give in the portal. You pay your own taxes and bank charges.
3. We may withhold payment while we investigate a suspected breach of these terms, and for up to [180] days. If the breach is confirmed, we may keep the commission related to it, and any other commission earned through the breach.

9. Breach and termination

1. Either party may end these terms at any time with [14] days' notice through the portal or by email.
2. We may suspend or end your account at once if you breach sections 3, 4 or 5, if a regulator or the law requires it, or if we stop offering a brand in your market.
3. When the terms end, you must remove our links and creatives. Approved commission that is not affected by a breach is paid in the next payment run, even below the minimum.

10. Data protection

1. We use your details to run the programme, pay you and meet our legal duties, as our affiliate privacy notice explains. [Link, or add a section here.]
2. If you collect personal data from people you market to, you are the controller of that data and must comply with data protection law.
3. You must keep your portal sign-in details secure and tell us at once if they may have been misused.

11. General

1. You are an independent contractor. Nothing in these terms creates an employment, agency or partnership relationship.
2. You indemnify us against claims, fines and costs caused by your breach of these terms or of the law.
3. Our liability to you is limited to the commission paid or payable to you in the 12 months before the claim. We are not liable for indirect loss or lost profit.
4. We may change these terms by posting the new version in the portal with [14] days' notice. If you keep promoting after the change, you accept it.
5. These terms are governed by [governing law], and the [courts] have exclusive jurisdiction.

Contact: [affiliate team email].