1. GENERAL TERMS OF AGREEMENT
1. JUBISE International N.V., Curasao, is an online gaming company which
offers its services at www.jubise.com.
2. The affiliate partner maintains and operates one or more websites on the
internet (hereinafter referred to collectively as "website") and can
confirm that the website is in their name and that they have full disposal of
the website and its content.
3. With the acceptance of the partner agreement (see pt. 3) the affiliate
partner gives their consent to the provisions stated in the contract.
4. Jubise.com reserves the right to amend, delete or add to any of the
provisions of this agreement, at any time at its sole discretion, without
giving any advance notice to the affiliate subject to the terms and conditions set
out in this agreement. Any changes will be posted on www.jubise.com.
2. SUBJECT OF AGREEMENT
1. The purpose of the agreement is the integration of advertisements for
jubise.com on the affiliate partner's website, whereby the advertising material
is to be provided by jubise.com.
2. Jubise.com will provide the affiliate partner with a selection of
advertising materials (e.g. banners, texts, graphics and logos). Implementing
one or more of these advertising materials means that website users can, by
clicking on the appropriate symbols, have direct access to the Jubise.com
website. Jubise.com reserves the right to change, limit or provide new
advertising material at any time.
3. CONCLUSION OF AGREEMENT
1. Partner could register his account on Jubise.com and activate personal
ID and link. Jubise.com has the right to refuse an application without giving a
reason.
2. With the acceptance of the agreement the affiliate partner will be assigned
a partner ID. The users, which are mediated via the link on the affiliate
partner's website, and their bets, will be registered with the help of an
assigned ID link code, via the partner programme.
3. With the acceptance of the agreement, the affiliate partner will acquire a
non-transferable and terminable at any time right to adjust or use the provided
link(s), or banner code(s) for the purpose of establishing a link to the
Jubise.com website. This right does not include the authority to change or edit
the link, unless there has been a written agreement in advance between jubise.com
and the affiliate partner. The license to use jubise.com's link(s) or banner(s)
expires with the termination of the agreement.
4. The copyright for the design of the framework of the provided link under the
partner programme, as well as any other information that is available through
Jubise.com's website, remains exclusively with jubise.com.
5. Jubise.com reserves the right to end the agreement with the affiliate
partner if their site is deemed to be inappropriate. This is at the sole
discretion of Jubise.com. Inappropriate sites include those which are aimed at
children, are pornographic or depict other illegal sexual activity, promote
violence, discriminate based on race, sex, religion, nationality, disability,
sexual orientation or age, promote illegal activities or infringe on
intellectual property.
4. OBLIGATIONS OF THE AFFILIATE PARTNER
1. The affiliate partner hereby assures that they are of legal age in their
country and in the applicable jurisdiction in order to enter into an agreement
as well as that they are competent and duly authorized to enter into a binding
agreement and in accordance with the agreement purpose.
2. The affiliate partner will recommend Jubise.com to potential players at
their own expense. The affiliate partner is solely responsible for the
distribution, content and the nature of their marketing activities. All
marketing activities must be professional, proper and lawfully operated in
compliance with the applicable laws as well as this agreement.
3. The affiliate partner is obliged to only use links, banner codes and
advertising material made available by Jubise.com under the affiliate platform.
These may only be used on websites or other media listed in the affiliate
programme. The affiliate partner is solely responsible for the correct
technical use of the links and banner codes. The affiliate partner may only use
material associated with Jubise.com that they have created themselves or
adapted or combined with the express written consent of Jubise.com. This also
applies for affiliate partners advertising with means other than a website,
such as SMS marketing. Jubise.com accepts no responsibility for advertising
material that was changed without prior consent. The affiliate partner is
responsible for any copyright infringement, damages or liability claims from
third parties caused by the use of unauthorized materials, and holds Jubise.com
harmless.
4. The affiliate partner takes full responsibility for the development,
operation and maintenance of their website and all materials that appear on the
website. In particular, the partner ensures that the content on their website
does not contain any display of violence, sexually discriminatory and/or
unlawful messages.
5. The affiliate partner will not present the website in such a way that might
evoke any risk of confusion with Jubise.com and/or the company or convey the
impression that the website of the contracting party partly or fully originates
with Jubise.com or the company.
6. The affiliate partner may not use Jubise.com or other terms, trademarks or
intellectual property rights that are vested in the company other than through
the installation of the provided marketing materials. In particular the
affiliate partner must abstain from using the Jubise.com logo or those which
are confusingly similar to that of Jubise.com.
7. The affiliate partner must pay attention to the trademarks and name rights
of Jubise.com when carrying out a search engine campaign that aims to improve
its search engine ranking. The affiliate partner also agrees not to use search
terms (keywords) or mistyped domains that are similar to jubise.com or other
related trademarks that are the property of Jubise.com. Furthermore, the
affiliate partner acknowledges that cookie spreading is strictly prohibited.
8. Jubise.com reserves the right to withhold all commission payments which the
affiliate partner would otherwise have been entitled to if jubise.com
determines at its sole direction that:
the affiliate partner sends spam e-mails or the service of Jubise.com is
applied in any other unauthorized form or
the affiliate partner registered as a player or make deposits directly or
indirectly to any player account through their tracking links for their own
personal use and/or of third parties, or in any other way attempted to
artificially increase the commission payable to otherwise defraud the company. Violation of this provision shall be
deemed fraud.
9. The affiliate partner ensures that they will use permissible promotional
materials in all markets according to the relevant laws. Any fines or penalties
for breaching this rule are the responsibility of the affiliate partner.
10. "Pop-up banners" or "Pop-under banners" (that
automatically open a browser window when a site is opened or when a link is
clicked) may only be used by an affiliate partner with the express written
consent of Jubise.com. Jubise.com reserves the right to the limit, withhold the
commission of or completely end advertising campaigns when advertising as
described above has been used.
11. Partners of Jubise.com are obliged to regularly check their partner
account to keep up to date with important updates, changes and promotions.
5. AFFILIATE PARTNER RIGHTS
1. Jubise.com will provide the affiliate partner with all necessary
information and marketing materials for the proper implementation of the
tracking link(s).
2. Jubise.com will administrate the turnover generated via the links, record
the net revenues and the total amount of commission earned via the link,
provide the contracting affiliate partner with commission statistics and handle
all customer service related to the business.
3. Jubise.com's valuation reports are decisive should there be any
discrepancies.
6. COMMISSION PLAN
1. Jubise.com agrees to pay the affiliate partner commission calculated
using the new revenue generated by new customers recruited via the affiliate
website and/or respective sub-affiliate websites.
The net revenue will be calculated using the following formula:
Gross revenue – Chargeback – Bonus= NET REVENUE
The commission will be the sum of a percentage of the net revenue achieved
through the users directly attracted by the affiliate partner.
New customers are Jubise.com customers who did not already have a betting
account and accessed Jubise.com via the affiliate partner's website and
registered and deposited real money to their betting account.
Commission plan:
The commission will be a share of the sum of the net revenue. The commission for each level is
defined as follows:
Level 1: 30%
of new revenue
Level 2: 10%
of partner commission
Level 3: 5% of
partner commission
Explanation of the levels:
Level 1: Customers directly registered through the affiliate partner.
Level 2: Customers directly registered through the sub-affiliate partner.
Level 3: Customers directly registered through the sub-affiliate partner's
sub-affiliate partner.
2. The commission is calculated at the beginning of each month for the
previous and payments will be carried out by the 20th of each calendar month,
provided that the amount due exceeds 50 EUR ('minimum threshold') through a
request in the affiliate programme. If the balance due is less than the minimum
threshold it will be carried over to the following month and paid out when the
amount exceeds the minimum threshold.
In case affiliate want to withdraw earnings via wire transfer, he need to write
the request to the Affiliate@jubise.com. Please pay attention that the
minimum amount for wire transfer widraw is 200 euro. Additionally, we will held
10% commision of the whole sum.
3. A negative account balance at the end of the month DO NOT carried over to
the following month.
4. Acceptance of payment by the affiliate partner shall be deemed full and
final settlement of the balance due for the period indicated.
5. If the affiliate partner disagrees with the reported balance due, they
should send an e-mail to the company, via affiliate@jubise.com within thirty
(30) days indicating the reasons for the dispute. Failure to send an e-mail
within the prescribed time limit will be considered an irrevocable
acknowledgement of the balance due for the period indicated.
6. Jubise.com has the right to delay a payment of any balance to the affiliate
partner for up to one hundred and eighty (180) days. This time period is used
to investigate and verify the compliance of relevant transactions with the
provisions of these terms and conditions.
7. No payment shall be due if the traffic has been illegally generated or
contravenes any provision of these terms and conditions.
8. The affiliate partner agrees to return all commission received based on
fraudulent or falsified transactions as well as all additional costs for legal
causes or actions that may be related to the case.
9. Jubise.com reserves the right to set limits on the activity of affiliate
partner accounts. Minimum activity levels will be continuously reviewed and
Jubise.com reserves the right to restrict any agreement not reaching the
minimum level. This limit shall not be unreasonably high and is basically an
expression of intent of avoiding accounts where the revenue does not cover
Jubise.com's internal costs of maintaining the account and the payout
procedure.
10. The affiliate partner can apply for a restructuring of their commission
plan, which will be at the sole discretion of Jubise.com. Examples of
alternative revenue sources should include a cost per acquisition (CPA) module.
If the affiliate partner, on the basis of the company's offer, decides on a
different commission plan structure (other than that of the corresponding
standard commission structure state in this agreement), the affiliate partner
automatically accepts that the new proposal of their commission structure
entirely replaces the existing structure and it is possible for two different
commission structures to co-exist. Notwithstanding the above, all the affiliate
partner's obligations assumed under this present agreement will continue to
apply to the affiliate partner in accordance with the terms and conditions of
this contract.
11. The affiliate partner is exclusively responsible for the payment of any
taxes, duties, charges or any other fees payable to both local and foreign tax
authorities, departments or other relevant bodies which may arise as a results
of the revenue generated by this agreement. The company shall not be held
responsible in any way for any unpaid amounts that may arise from the
Jubise.com affiliate programme.
12. The affiliate partner agrees to request a payout of the earned commission
within 12 months. If the last payout request was longer than 12 months ago then
Jubise.com reserves the right to withhold part of the credit.
7. TERMINATION
1. This agreement may be terminated by either party without reason in
accordance with the period of notice and by written notification to the other
party. Written notification may be sent by e-mail.
2. In this case the affiliate partner must remove all links and banner codes
implemented for Jubise.com, regardless of whether the communication is
commercial or otherwise. The affiliate partner has no right of retention or no
of avoidance.
3. As of the effective date of the agreement termination the affiliate partner
agrees not to use any banners, logos or other names of jubise.com.
4. If, in the event of termination, the balance is less than the minimum amount
in accordance with § 6 paragraph 2, jubise.com reserves the right to withhold
such funds as a handling fee.
5. Jubise.com reserves the right to terminate the agreement in accordance with
§ 7 paragraph 1 or to reduce commission if the affiliate partner, for whatever
reason, does not generate any or generates significantly fewer new customers
than in a comparable period in the past. Jubise.com will evaluate the results
regularly and let the affiliate partner know if they no longer meet the
necessary criteria.
6. After the termination of the agreement, the affiliate partner will no longer
be entitled to any further compensation. Jubise.com may however retain the
affiliate partner's final payment for a reasonable time to ensure that the
correct amount is paid.
7. If this agreement is terminated by Jubise.com due to the affiliate partner's
violation of the contract then the company is entitled to withhold the
affiliate partner's earned yet unpaid commission as of the termination date as
collateral for any claim arising from such a violation.
8. After the effective date of the termination of the agreement, the affiliate
partner is automatically released from all obligations and liabilities with
Jubise.com. The termination will not release the affiliate partner from any
liability of damages arising from any breach of this agreement which may have
occurred prior to termination.
8. WARRANTY AND LIABILITY
1. The affiliate partner acknowledges and expressly agrees that the use of
the internet is at their own risk and that the partner programme is available
without any guarantees and conditions. Jubise.com does not guarantee access to
its website at any particular time or location.
2. Jubise.com is in no event liable to the affiliate partner or anyone else for
any inaccuracies, omissions, loss, injuries or damages caused solely or partly
by failures, delays or interruptions caused by Jubise.com's website or the
partner programme.
3. Furthermore the liability of the legal transaction representatives, the
performance and procurement agents from Jubise.com is limited to intent and
gross negligence. The liability of Jubise.com - for whatever reason - is
limited by the commissioned amount paid to the contractor within the last three
months.
9. GOVERNING LAW AND JURISDICTION
1. This agreement is governed by the laws of Curasao and any disputes
arising from this agreement are under the jurisdiction of its courts.
10. MISCELLANEOUS
1. Jubise.com reserves the right to transfer this agreement to a third
party without the prior consent of the affiliate partner.
2. If any provision of this agreement is held to be unenforceable then the
original provision will be replaced by one that is closest to the purpose of
the agreement.
3. Information that is sent to the affiliate partner via e-mail, telephone,
Skype or any other way is only intended for the affiliate partner and must not
be passed on. If confidential information or conversations are revealed then
Jubise.com will deal with this accordingly. If information is unintentionally
sent to the wrong recipient then the partner is obliged to request that they
delete all messages and inform Jubise.com.
4. In the case of a discrepancy between the English version and other
translated versions of this agreement, the English version is binding.