AFFILIATE TERMS & CONDITIONS
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VERSION 1. EFFECTIVE FROM 27.08.2024 AND LAST UPDATED 27.08.2024.
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 and agreed to the
Affiliate Agreement.
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
consent to the updated Agreement.
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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 the 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 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“Affiliate Application” means the application made by the Affiliate to participate in
the Affiliate Program.
1.5“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.
1.6“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.
1.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which
Company pays the commission and any other payments due to the Affiliate, which
the Affiliate can withdraw in accordance with the Affiliate Agreement;
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise
controlled by the Affiliate.
1.9 “Company” shall mean Investings Holdings 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.sweeplay.com or other such
websites (including mirror websites) as may be added to this Affiliate Program from
time to time.
1.11 “Commission” means the percentage of the Net Gaming Revenue, or, where
applicable, a fixed amount for a New Customer (CPA structure) as set out in the
Commission Structures.
1.12 “Commission Structures” means any specific reward structures expressly
agreed between Company and the Affiliate.
1.13 “Confidential Information” means any information of commercial or essential
value relating to 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.
1.14 “Intellectual Property Rights” means any copyrights, trademarks, service marks,
domain names, brands, business names, and registrations of the aforesaid and/or
any other similar rights of this nature.
1.15 “Net Gaming Revenue” or “NGR” means all monies received by Company from
New Customers as placed bets, less (a) winnings returned to New Customers, (b)
issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs
and chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts
mentioned above are only related to New Customers referred to Company 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.
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2. AFFILIATE OBLIGATIONS
2.1 Registering as 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.
We will, at our sole discretion, determine whether or not to accept an Affiliate
Application and our decision is final and not subject to any right of appeal. We will
notify you by email as to whether or not your Affiliate Application has been
successful.
You will provide any documentation required by the Company to verify the Affiliate
Application and to verify the Affiliate Account information at any time during the term
of the Affiliate Agreement. This documentation may include but is not limited to: bank
statements, individual or corporate identity papers and proof of address.
It is your sole obligation to ensure that any information you provide us with when
registering with the Affiliate Program is correct and that such information is kept
up-to-date at all times.
2.2 Affiliate login details It is your sole obligation and responsibility to ensure that
login details for your Affiliate Account are kept confidential and secure at all times.
Any unauthorized use of your Affiliate Account resulting from your failure to
adequately guard your login information shall be your sole responsibility, and you
remain solely responsible and liable for all such activity occurring under your Affiliate
Account user ID and password (whether such activity was undertaken by you or not).
It is your obligation to inform us immediately if you suspect illegal or unauthorized
use of your Affiliate Account.
2.3 Affiliate Program participation The Affiliate Program is intended for your direct
participation. Opening an Affiliate Account for a third party, brokering or transfering
an Affiliate Account is not accepted. Affiliates wishing to transfer an account to
another beneficial owner must contact us and request permission. Besides, 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 will 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 so 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, libelous, discriminatory or
otherwise unsuitable content (including, but not limited to, violent, obscene,
derogatory or pornographic materials or content which would be unlawful in target
country).
2.5 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.
2.6 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. Masking your Affiliate Links (for example hiding the source of the
traffic sent to Company’s Websites) is also prohibited.
2.7 Email and SMS marketing If sending any emails or SMS communications to
individuals which (i) include any of 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.
2.8 Use of Company Intellectual Property Rights Any use of 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 clause below.
You will not register domain names, as well as search terms or other identifiers for
use in any search engine, portal, app store, sponsored advertising service or other
referral service which are identical to any of the Company’s trademarks or otherwise
include the Company trademarks.
2.9 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 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 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.
2.10 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.
2.11 Responsible Gaming The Company has ongoing commitment to responsible
gaming and prevention of gambling addiction. You agree to actively cooperate with
the Company to convey a responsible gaming message. Specifically, you will not use
any material or in any way target persons who are under 18 or the legal gambling
age in their jurisdiction.
2.12 Illegal activity You will not target any territory or jurisdictions 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.
2.13 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 law applicable to your territory. This includes all applicable legislation
and/or regulations relating to the use of ‘cookies’.
2.14 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.
2.15 Company monitoring of Affiliate activity You will immediately give Company all
such assistance as is required and provide us with all such information as is
requested by Company to monitor your activity under the Affiliate Program.
You will not use incentive traffic, meaning the traffic you refer to by motivating the
visitors to do the action you want using a certain reward. It is considered as
fraudulent actions, and thereby your account will be investigated. If you are
suspected of referring to incentive traffic, we have a right to suspend or cancel your
payments during investigation, as well as block your account without further
reimbursement.
All users identified as multi-accounts will not be included in affiliate statistics and
payrolls. How we identify multi-accounts:
All duplicated clicks occurring within 48 hours after the previous;
Users with the same cookies, i.e. using the same device and browser;
Users with the same personal details provided upon registration.
2.16 Commissions paid incorrectly The Affiliate agrees to immediately upon request
by Company, return all Commissions received based on New Customers referred to
Company in breach of the Affiliate Agreement or relating to fraudulent or falsified
transactions.
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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. License to use Company Intellectual Property Rights We grant to you a
non-exclusive, non-transferable license, 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 Company. This license 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 Company’s customers.
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4. COMPANY OBLIGATIONS
4.1. We shall use our best efforts to provide you with all materials and information
required for 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, as follows: 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.
4.5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the
Commission in accordance with Clause 6.
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5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement
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 period of suspension payment of Commissions will 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 from the Commission monies which Company deems
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;
e) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn
within a period of 6 (six) months from the date of the termination of the Affiliate
Agreement in accordance with clause 9.1.
Our rights and remedies detailed above shall not be mutually exclusive.
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6. COMMISSION AND PAYMENT
6.1. The Commission is calculated at the end of each month and payments shall be
made on a monthly basis in arrears, not later than the 20th of the following calendar
month.
6.2. Payment of Commission will be made through our MAP affiliate platform. Due to
existing regulations, Affiliates may be required for verification and “know your
customer” documentation before a withdrawal can be accessed.
6.3. For withdrawals from the MAP affiliate platform, the minimum amount at one
time should be greater than or equal to 50$ (Fifty US dollars). While, for bank
withdrawals, the minimum withdrawal amount should be greater than or equal to
500$ (Five hundred US dollars).
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.
6.5. The Affiliate may, at the Company’s sole discretion, be provided with the
opportunity to restructure its commission structure.
6.7. 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 fourteen (14) calendar days and clearly state reasons for the disagreement.
Failure to notify the Company within this time limit shall be considered as an
irrevocable acknowledgment of the balance due for the relevant period.
6.8. 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.
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7. HIGH-ROLLER POLICY AND CALCULATION
HIGH-ROLLER POLICY
7.1 In any given month, if a Customer generates a negative net revenue of at least
5,000 EUR, he/she will be deemed to be, for the purposes of this section, a
“High-Roller.”
7.2 If the aggregate Net Revenue for the Affiliate, in that month, for a Brand is
negative 2,000 EUR or more excellent, then the High-Roller policy, as set out
hereunder, will apply:
7.2.1 The negative Net Revenue generated by the High-Roller will be carried forward
and offset against future Net Revenue generated by that same High-Roller;
7.2.2 The negative balance carried forward cannot be set off against other
Customers’ Net Revenue;
7.2.3 If there is more than one High-Roller, the negative balance carried forward will
be split proportionally between them;
7.2.4 The negative balance of a High-Roller will be reduced by future positive Net
Revenue that they generate in subsequent months;
7.2.5 A negative balance will only be increased by future negative Net Revenue if the
High-Roller meets the qualifying criteria in subsequent months.
CALCULATION
7.1. In accordance with the CPA Payment Plan, an Affiliate will receive a one-off
payment for every new Customer, more specifically: (a) when a Customer completes
first registration, (b) deposits the minimum required amount and (c) meets the
minimum wagering activity requirements, as previously agreed upon in writing with
your Affiliate Manager.
7.2. Players marked as fraudulent, bonus abusers or which will self-exclude will not
be considered qualified for the CPA reward; In the event of a Chargeback received
against or issuance of credit to a Customer, that Customer will be discounted for the
purpose of the CPA Plan;
7.3. Sweepartners does not pay for incentivised traffic in any form and we do not pay
for schemes where a Customer is given or promised a percentage of the CPA as an
incentive for becoming a Customer. Such incentives extend to any roulette playing
schemes or casino systems where Customers are advised, in any way, on how to
play to beat the online wagering system.
7.4. Sweepartners does not pay for CPA Customers sent via brand bidding.
7.5. After termination of this agreement, late converted players will be considered
qualified if deposit for the first time within 30 days from the termination date, unless
agreement is terminated due to material breach by affiliate, in which case late
converted players will not be considered qualified in any case.
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8. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted
with 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 avoid disclosure or unauthorized use of any such confidential
information to third persons or outside parties unless you have our prior written
consent. You also agree that you will use the confidential information only for the
purposes of the Affiliate Agreement. Your obligations in regards 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 Company).
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9. TERM AND TERMINATION
9.1. The term of the Affiliate Agreement will begin when you are approved as an
Affiliate and will be continuous unless and until either Party notifies the other in
writing that it wishes to terminate the Agreement. In this case the Agreement will be
terminated 30 days after such notice is given. For purposes of notification of
termination, delivery via e-mail is considered a written and immediate form of
notification.
For the avoidance of doubt, Company may also terminate (in accordance with
Clause 5 above) upon immediate notice at any time for the Affiliates failure to meet
their obligations under the Agreement or otherwise for the Affiliate’s negligence.
9.2. Affiliate actions upon termination Upon termination you must immediately
remove all of 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 will return to Company any confidential information and all copies of it in your
possession and control, and will cease all uses of all Company Intellectual Property
Rights.
9.3. Commission Upon termination of the Affiliate Agreement for any reason, all
Commission relating to any New Customers directed to Company during the term
shall not be payable to the Affiliate as from the date of termination.
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10. MISCELLANEOUS
10.1. Disclaimer: We make no express or implied warranties or representations with
respect to the Affiliate Program, about 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 will not be liable
for the consequences if there are any. 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.
10.2. Indemnity and Limitation of Liability You shall indemnify and hold Company, our
directors, employees and representatives harmless from and against any and all
liabilities, 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 unauthorized 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.
10.3. 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.
10.4. Relationship of Parties The Company and the Affiliate are 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.
10.5. 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 reasonable control, including but not limited to labor
disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods,
lightning, utility or communications failures, earthquakes or other casualty. 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.
10.6. Assignability You may not assign the Affiliate Agreement, by operation of law or
otherwise, without our prior written consent.
10.7. 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.
10.8. 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.
10.9. 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, you 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.