1 January 2021
Please read the following rules and regulations carefully. By registering as a TheOnline.Casino affiliate, utilizing a tracking link or any of our marketing tools you represent that you fully accept and understand that all of the following terms and conditions apply and that failure to adhere to this agreement may result in its termination.
Responsibilities of the Affiliate
As an Affiliate you are responsible for promoting TheOnline.Casino by implementing the advertising, banners and tracking URLs on your websites, e-mails or other communications. It is your sole responsibility to ensure that the tracking links are implemented and tested correctly.
You will present TheOnline.Casino alongside only approved content and topics. Associating TheOnline.Casino with content that is deemed unsuitable will result in the affiliate agreement being terminated.
You will provide full and correct contact information when creating your Affiliate account. We will not share, sell or disclose this information to any third party and will only use it in connection with this agreement. We may withhold commissions until your identity is confirmed.
You will not utilise Spam or other nuisance techniques to promote TheOnline.Casino. Creative and links may not be placed within unsolicited e-mail, unauthorized newsgroup, forum or social media postings, chat rooms or through the use of bots.
Unsuitable content is determined at TheOnline.Casino’s sole discretion. Unsuitable sites may include those that are aimed at children, promote sexually explicit materials, violence, discrimination, illegal activities or violate intellectual property rights.
Only approved creative materials may be used to promote TheOnline.Casino. Any material not designed by TheOnline.Casino or modified by the Affiliate needs to be approved in writing.
You will undertake to maintain current and accurate information regarding TheOnline.Casino and shall not discredit TheOnline.Casino through false advertising.
You will not create a website or social media presence that could be reasonably confused as being owned by TheOnline.Casino.
Commissions and Payment
TheOnline.Casino shall pay you commissions based on a percentage of the revenues generated by the players referred on your tracking link.
Commissionable earnings are calculated as the casino brand’s gross gaming revenue, less fraudulent transactions, multi cash contributions, bad debts, processing fees and non-cash credits. Non-cash credits are any credits wagered that were not purchased by the players e.g. bonuses, comp point redemptions and other incentives.
Commissions are generated for the lifetime of the players referred by the Affiliate. Should you cease to actively promote TheOnline.Casino for a period of 6 months the account will be placed on a dormant account rate of 25% commission until you resume active promotion of TheOnline.Casino (traffic is not essential, only a good faith effort is required).
Commissions will only be paid if in excess of $150, or $500 if the payment method selected is Cheque or Bank Transfer. Lesser amounts will be carried forwards and will be paid once this amount has been accumulated.
TheOnline.Casino is not liable for any bank charges, fees or currency exchange rate differences.
TheOnline.Casino Affiliate Program does not offer a No Negative Carry Over policy. TheOnline.Casino will only pay commissions earnt on cash losses, losses made on non cash credits will not count towards commission payments.
In the case of fraudulent activity taking place by players referred by the Affiliate, TheOnline.Casino may reserve some or all of the outstanding commissions for a reasonable length of time to ensure that any additional fraud is covered.
Affiliates may not play at any of TheOnline.Casino brands through their own affiliate link or from the affiliate link of an associate who shares all or part of the commission with the affiliate.
Payments to Affiliates will commence on the 21st of the following month. TheOnline.Casino retains final decision on the method used to pay Affiliates.
TheOnline.Casino assumes ownership of the player at point of first contact and reserves the right to refuse customers, rescind bonus offerings, restrict purchases or close the account of players.
TheOnline.Casino will not supply any personally identifying information of the Player to the Affiliate.
You may be entrusted with confidential information relating to the business, operations, or underlying technology of TheOnline.Casino. You agree to avoid disclosure or unauthorized use of the confidential information to third persons and use it only in pursuance of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
TheOnline.Casino grants to the Affiliate a non-exclusive, non-transferable license, during the term of this Agreement, to use TheOnline.Casino’s intellectual property marks solely in connection with this agreement.
TheOnline.Casino grants to the Affiliate the non-exclusive right to direct customers to our site and services, in accordance with the terms and conditions of this Agreement. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
This license cannot be sub-licensed, assigned or otherwise transferred by the Affiliate. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
This Agreement will be governed by the laws of Curaçao without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Curaçao and you consent to the jurisdiction of its courts.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will not invalidate the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights.
Ownership, content and liability for Affiliate sites are the sole responsibility of the Affiliate who will be solely responsible for the development, operation, maintenance and for all materials that appear.
TheOnline.Casino makes no representation that the operation of their websites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
The Affiliate will indemnify and hold TheOnline.Casino harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
The Affiliate shall defend, indemnify, and hold TheOnline.Casino, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from any breach of this agreement.
TheOnline.Casino will not be liable for damages arising in connection with this Agreement in excess of the total referral fees paid or payable to you under this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
TheOnline.Casino may modify any of the terms and conditions contained in this Agreement from time to time at 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 referral fees, fee schedules, payment procedures, and referral program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Relationship of Parties
The Affiliate and TheOnline.Casino are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf and will make no claims otherwise. The Affiliate shall not make any claims, representations, or warranties in connection with TheOnline.Casino and shall have no authority to bind TheOnline.Casino to any obligations.
Term & Termination
The term of this Agreement will begin upon acceptance of this Agreement and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. Delivery via e-mail is considered a written and immediate form of notification.
The program has the right to terminate the contract at any time with immediate effect at any time should we feel any of the stated terms and conditions and/or guidelines have been broken.
Upon termination the Affiliate must remove any and all creative, links and references to TheOnline.Casino and it casino brands from your website. All rights and licenses given to you in this Agreement shall immediately terminate. You will be entitled only to those unpaid commissions, if any, earned by you on or prior to the date of termination and TheOnline.Casino may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
TheOnline.Casino may recover direct costs incurred as a result of the Affiliate’s action or inaction from any outstanding commissions.
If we continue to permit activity (generation of revenue) from players after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of TheOnline.Casino.
The Affiliate and TheOnline.Casino will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except those obligations that are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement.
The Affiliate acknowledges that they have read this agreement and agree to all its terms and conditions, understands that TheOnline.Casino may at any time solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site, and has independently evaluated the desirability of participating in this referral program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.