PowerPlay Affiliates Terms and Conditions
Please read these Affiliate Terms carefully before applying to become an Affiliate, as they set out our and your legal rights and obligations in relation to our Affiliate Programme. You will be asked to agree to these Affiliate Terms before becoming an Affiliate.
If you have any questions or comments about the PowerPlay Affiliate Programme, please contact us by writing to our Affiliate Team at email@example.com
1. Definitions and interpretation
1.1 In the Agreement:
“Acceptance Email” means an email sent by the Company to an Affiliate in accordance with Clause 2.3 confirming that the applicant has been accepted into the Affiliate Programme;
“Deductible Costs” means any third party costs incurred by PowerPlay in connection with the operation of the PowerPlay Sites which are attributable to the activity of any New Customer(s), including but not limited to any payment processing charges, license fees, royalties, and other applicable third party payments.
“Effective Date” means the date the Agreement comes into force as specified in Clause 2;
“Leads” the tracked persons using the PowerPlay Website as a result of promotion by the Affiliate;
“Net Gaming Revenue” shall be defined as the total amount wagered by the Leads less total amount won in the period after the deduction which include:
“Payment Trigger” means wagering by on the PowerPlay Website made by a user who [first] visited the PowerPlay Website by means of a Link and who made such wager within 30 days of the date of that first visit;
“Prohibited Materials” means content, works or other materials that the Company determines (acting reasonably) constitute:
“Registration Form” means the HTML form on the PowerPlay Website enabling users to apply to become Affiliates;
“Term” means the term of the Agreement; and
“PowerPlay Website” means the website accessible via the URL www.PowerPlay.com
1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to:
1.3 The Clause headings do not affect the interpretation of the Agreement.
2. The Agreement
2.1 In order to apply to become an Affiliate, the applicant must complete and submit the Registration Form or accept these terms and conditions during the registration process.
2.2 If the applicant makes any input errors during the order process, these may be identified and corrected by the applicant before the Registration Form is submitted.
2.3 The Agreement will come into force if and when the Company sends to the Affiliate the Acceptance Email, following the submission of a completed Registration Form by the Affiliate.
2.4 The Agreement will continue in force indefinitely, unless and until terminated in accordance with Clause 11.
3. Affiliate Programme
3.1 The Affiliate will within 7 days following the Effective Date include one or more Links on the Affiliate Website, and will maintain those Links on the Affiliate Website during the Term.
3.2 The Company may from time to time during the Term request amendments to the Links and/or the Affiliate Website for the purpose of ensuring consistency and quality in the use of the Company's trade marks and branding, and to the extent that such requests are reasonable the Affiliate will make such amendments within 7 days of the request.
4. Affiliate obligations
4.1 The Affiliate will provide the Company with:
4.2 The Affiliate must:
4.3 The Affiliate must not:
(g) Duplicate Accounts and Self Referrals – The Affiliate shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or related person's. The programme is intended for professional website publishers.
4.4 The Affiliate will not take any action in connection with the Affiliate Programme which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of the Company and/or the PowerPlay Website.
4.5 Affiliate may not modify, impair, disable or otherwise interfere with any tracking codes and/or other technology required by Income Access in order to ensure proper tracking.
4.6 Affiliates must not “spam” and/or use unsolicited email. If the Company reasonably believes that an Affiliate is knowingly sending spam and/or unsolicited email, the Company, may, in its sole discretion, immediately terminate such Affiliate’s participation in the Affiliate Program.
4.7 Each Affiliate is responsible for the quality and origin of the traffic that it provides to the Company’s Website and the Affiliate will always remain responsible for the quality and origin of that traffic. If an Affiliate knowingly sends traffic of a questionable quality and/or origin to the Company, the Company may, in its sole discretion, immediately terminate such Affiliate’s Participation in the Affiliate Program.
4.8 If an Affiliate accidentally or unknowingly directs traffic of a questionable quality and/or origin to the Company’s Website, the Company may issue a written warning to Affiliate, notifying the Affiliate of the questionable traffic. If, after three (3) written warnings, the Affiliate still directs traffic of a questionable quality and/or origin to the Company’s Website, the Company may, in its sole discretion, immediately terminate such Affiliate’s participation in the Affiliate Program.
4.9 Affiliates are not permitted to copy any other affiliate’s website. The Company reserves the right to suspend and/or terminate an Affiliate’s participation in the Affiliate Program if they are found to have copied another affiliate’s website.
4.10 The Affiliate shall not register or attempt to register and/or open domain names or social media pages or accounts (on any platform) which comprise and/or are similar or confusingly similar to the Company IP or Sites including the Operator’s name, or any other associated brands or companies, including (for the avoidance of doubt) any misspellings of the domain names of any of the Sites (commonly known as ‘typo-squatting), or any phonetics of any of the Sites.
4.12 The Affiliate will not market or promote any Site within or to persons from any Excluded Territories; or be involved in any traffic coming from any Excluded Territories; or allow, assist or encourage circumvention of any restriction put in place by the Company and/or any site in connection with Excluded Territories. "Excluded Territories" include, without limitation, the territories indicated in the list below, which may be changed by the Company from time to time. IT IS THE AFFILIATE’S DUTY TO CONSULT AND REGULARLY CHECK THE SITE REGARDING ANY CHANGES TO THE EXCLUDED TERRITORIES. The Excluded Territories are as follows:
American Samoa, Curacao, Democratic People’s Republic of Korea, French Republic and its territories, French Guiana, Guadeloupe, Guam, Martinique , Mayotte, Netherlands and its territories, Northern Mariana Islands, Philippines, Puerto Rico, Réunion, Saint-Denis, Singapore, United States of America and its territories, U.S. Virgin Islands, Sint Maarten, Saba, St Eustatius. The affiliate will take all precautions to ensure these countries, furthermore the affiliate will, where possible, redirect any of their visitors from the above countries that click on links/banners/promotions that ordinarily redirect to the Company. No commission will be generated from any traffic or players sent from these countries.
4.13 The Affiliate shall not register or attempt to register any logo, trade mark, trade name, insignia, design, domain name or similar identifying material that contain the Company IP or are confusingly similar to or are comprised of any of the Licensed Marks or Company IP.
4.14 The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Operators trade marks or otherwise or include metatag keywords on the Partner Site which are identical or similar to any of the Operators group’s trade marks.
4.15 The Affiliate shall immediately cease to use all Company IP including without limitation the Licensed Marks upon being notified to do so by the Operator (either by electronic or written notification) or on any termination of this Agreement.
4.16 The Affiliate acknowledges and agrees that the Operator is the sole and exclusive owner of its Database, and that the Affiliate shall not make any direct or indirect use of such Database, nor retain a copy in any form or manner whatsoever of the Database, or market any goods or services to any Customer whose details appear in the Database (including the transfer of such details to any third party), unless that Customer’s information is in the Affiliate’s possession or known by it prior to the execution of this Agreement.
4.17 The Affiliate will promote the Sites solely by way of Approved Marketing and will not alter the appearance, design and content of the Operator’s approved Banners and Text Links and Promotional Mails unless it obtains the Operator’s prior written authorisation (and in any event such authorisation shall be without prejudice to the Affiliate's continuing obligations). At the Affiliate’s request, the Operator will provide the Affiliate with a code that will enable it to post in its sites rotating banners from the Operator’s banner farm. For the avoidance of doubt no marketing other than Approved Marketing shall be permissible and Banners and Text Links used by the Affiliate pursuant to this Agreement shall direct traffic only to the Operator’s Sites.
4.18 Participation as an Affiliate is only permitted if the proposed Affiliate is of the legal age for lawful gambling determined by any applicable laws in the proposed Affiliate’s jurisdiction. In any event and under any circumstances, participation in the program shall not be permitted if the proposed Affiliate is under 18 years of age.
4.19 The Affiliate will not by itself, nor will it allow, assist or encourage others to, market and promote the site, directly or indirectly, to persons that are less than 18 years of age or such higher age as may apply as the legal age for gambling in the jurisdiction that it is targeting or operating within, or develop or implement marketing and promotion strategies in respect thereof.
4.20 The Affiliate shall keep all Information about the agreement in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement. Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by applicable law or any legal agency having jurisdiction over the Affiliate (in which case the Affiliate will give the Company immediate notice of such requirement).
4.21 All third parties conducting marketing and affiliation activities in regulated territories must obey rules required by the local law and regulations. Any non-compliance action will be deemed as a breach of the contract and may result in immediate termination of all contractual relationship with an Affiliate.
4.22. The Affiliate that are targeting Ontario market is prohibited from cooperating with gaming sites that accept wagers from players in Ontario without an AGCO registration. By accepting this Terms and Conditions, Affiliate declares that on the date of acceptance this Agreement is not in active cooperation with gaming sites that are not registered by AGCO but they are accept wagers from players located in Canada, Ontario province. Agreements with such third parties or Affiliates shall be terminated by Company with immediate effect. Company may refuse to pay the commission to Affiliate if will be found to be in a breach of this article. Company may be conducting due diligence activities on the Affiliate activities to ensure that the rule set in this article is not breached.
5. Intellectual Property Rights
5.1 The Company grants to the Affiliate during Term a worldwide, non-exclusive, royalty-free licence to reproduce electronically and publish on the Affiliate Website only the Links.
5.2 The Company does not warrant that the use of the Links by the Affiliate will not infringe any third party Intellectual Property Rights or give rise to any other liability on the Affiliate.
6.1 In respect of each Payment Trigger which can be verified by the Company (acting reasonably) the Company will make a Payment to the Affiliate.
6.2 The Company will account to the Affiliate for all Payments due in respect of a calendar month within 30 days of the end of the following calendar month, unless the amount due is less than $20.00 USD, in which case the Payments may be held over to the next payment date.
Threshold per method are:
Electronic_Transfer – 300 CAD
Envoy – 300 GBP
Skrill – 20 EUR
Skrill – 20 USD
NETELLER – 50 CAD
6.3 All Payments stated in or in relation to the Agreement are stated inclusive of VAT where relevant, and the Affiliate is solely responsible for paying VAT.
6.4 If the Company is required by law to deduct withholding tax or any other taxes or duties from any Payments, then the Company will deduct such amounts from the Payments before paying them to the Affiliate.
6.5 Payments to the Affiliate will be made in the currencies listed in 6.2 (using such payment details as are provided by the Affiliate on the Registration Form).
6.6 No Payments will be due in respect of:
6.7 Both before and after termination, the Company will be entitled to set off any amount owed to the Affiliate against any amount the Affiliate owes to the Company whether under the Agreement or otherwise, and against any loss or damage suffered by the Company whether in relation to the Agreement or otherwise arising out of the Affiliate's acts or omissions.
6.8 Negative Carryover
If the total winnings for all customers tagged to the affiliate generate a negative commission on the affiliates account the Company will not carry over the negative amount to the following month. This is commonly known as ‘no negative carryover’.
7.1 Each Party warrants to the other Party:
7.2 All of the Parties' liabilities and obligations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law, no other terms concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
The Affiliate will indemnify and keep indemnified the Company, and the Company's officers, employees, representatives, agents and subcontractors, against all damages, losses and expenses (including legal expenses) arising as a result of any breach by the Affiliate of any term of the Agreement.
9.1 Nothing in the Agreement will exclude or limit the liability of either Party for:
9.2 Subject to Clause 9.1, the Company's liability to the Affiliate under or in connection with the Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited as follows:
10. Force Majeure Events
10.1 Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement, those obligations will be suspended for the duration of the Force Majeure event.
10.2 A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will promptly notify the other.
10.3 The affected Party will take reasonable steps to mitigate the effects of the Force Majeure event.
11.1 Either Party may terminate the Agreement forthwith at any time by giving written notice to the other Party.
11.2 The Company may terminate the Agreement immediately (with or without giving written notice to the Affiliate) if the Affiliate:
11.3 If an Affiliate does not generate any registrations for the Company for greater than a twelve (12) month period, the Company may terminate this Agreement with or without notice to Affiliate;
12. Effects of termination
12.1 Upon termination all the provisions of the Agreement will cease to have effect, save that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 8, 9, 12 and 13.
12.2 If the Agreement is terminated by the Company under Clause 11.2, the Company will not have any obligation to make any further Payments to the Affiliate.
12.3 Subject to Clause 12.2:
12.4 Provided that we have paid or do pay to you such sums as are properly due and owing at the date of termination which shall be subject to any rights we have to make deductions whether under this Agreement or otherwise, we shall have no further liability to pay you any further sums.
13.1 Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally, sent by pre-paid first class post, or sent by fax [or email], for the attention of the relevant person, and to the relevant address, fax number or [email address] specified on the Registration Form (in the case of the Affiliate) or the PowerPlay Website (in the case of the Company) (or as notified by one Party to the other in accordance with this Clause).
13.2 A notice will be deemed to have been received at the relevant time set out below:
13.3 No breach of any provision of the Agreement will be waived except with the express written consent of the Party not in breach.
13.4 If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the Parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
13.5 Nothing in the Agreement will constitute a partnership, agency relationship or contract of employment between the Parties. The Affiliate will not make any statement on the Affiliate Website or otherwise which expressly or impliedly suggest that there is any such relationship between the Parties.
13.6 The Agreement may be varied by the Company posting a new version of the Agreement on the PowerPlay Website and notifying the Affiliate in writing that the Agreement has been varied. The Affiliate's continued participation in the Affiliate Programme after receipt of such a notice will constitute the Affiliate's acceptance of the varied Agreement.
13.7 The Company may freely assign its rights and obligations under the Agreement without the Affiliate’s consent.
13.8 The Agreement is made for the benefit of the Parties, and is not intended to benefit any third Party or be enforceable by any third Party. The rights of the Parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third Party.
13.9 The Agreement constitutes the entire agreement and understanding of the Parties in relation to the subject matter of the Agreement, and supersedes all previous agreements, arrangements and understandings between the Parties relating to the subject matter of the Agreement. Subject to Clause 9.1, each Party acknowledges that no representations or promises not expressly contained in the Agreement have been made by or on behalf of the other Party.
13.10 The Agreement will be governed by and construed in accordance with the laws of Curacao.
13.11 The Company reserves the right to obtain from the Affiliate appropriate identification that will provide evidence of its age and its account may be suspended until satisfactory proof of age is provided to the Company.
13.12 All telephone conversations, emails and text chats (e.g. Skype, Whatsapp, Facebook) between the Affiliate and any of the Operator’s staff may be recorded, and the Affiliate hereby consents to such recording. Any recordings will be treated in the strictest confidence and the content may be used by the Operator in the event of a misunderstanding, dispute, or for training purposes.
13.13 It is the Companys policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The Company will verify the Affiliate’s identity through the information provided by the Affiliate and by obtaining information from public sources and data. The Company will make its best efforts to reasonably ensure that it knows the true identity of any of its Affiliates. Should the Company be unable to adequately satisfy itself of the Affiliate’s identity, it shall not be obliged to provide the Affiliate with any information as regards the reasons for such failure to identify the Affiliate.
To reward the Affiliate for obtaining Sub-Affiliates and to incentivise the Affiliate to obtain additional Sub-Affiliates, in addition to paying the Sub-Affiliate (as an Affiliate of the Operator)
the affiliate will earn a percentage of the Sub-Affiliates revenue share commissions.