Playerate Terms and Conditions

This agreement details all the terms and conditions of membership to the Playerate Affiliate Program, designed to reward website owners and marketers (hereinafter referred to as the Affiliate) for directing new customers (hereinafter referred to as Customers) to the participating casino/sports betting/poker Merchants, (hereinafter referred to as the Merchants or the Clients as the case may be) through its Affiliate Program agent Playerate (hereinafter referred to as Playerate).

Responsibilities of the Affiliate

As Affiliate you are responsible for promoting the merchant by implementing the advertising, banners and tracking URL’s on your websites, e-mails or other communications.

You will present only approved content and topics on your site. Content that is deemed unsuitable will result in the affiliate agreement being terminated.

Registering and Logging in as an 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 Playerate 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.

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 unauthorised 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 unauthorised use of your Affiliate Account.

Affiliate Guidelines

Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote the merchant. Advertorials and personal endorsements are allowed but all materials not designed by the Merchants need to be approved in writing; such approval shall not be unreasonably withheld.

You may not modify any banners or other creative material supplied by us without the written prior consent of Playerate.

By agreeing to participate in the affiliate program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within e-mail, direct marketing using your affiliate URL or print. These methods are by which you may advertise on the merchant’s behalf.

Banners and links may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or through the use of “bots”. Traffic generated illegally will not be counted.

We will terminate this agreement immediately if there is any form of spamming or if you discredit the Merchants or Playerate through false advertising, written or uttered words.

You shall not make any claims, representations, or warranties in connection with us or the Merchants and you shall have no authority to and shall not bind us or the Merchants to any obligations.

Without our prior written approval, you will only use our approved banners and links and will not alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our Merchants sites.

You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes Playerate or the Merchants damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such.

Affiliate must not alter form fields or scripts in Playerate supplied marketing materials which are designed to collect contact information from Customers, in an attempt to hijack such information for affiliate or advertiser’s own use.

Affiliates are prohibited from playing at any of the casino websites promoted by Playerate through their own affiliate link or from the affiliate link of an associate who shares all or part of the commission with the affiliate. This shall include any individuals or playing groups from which an Affiliate receives compensation or remuneration from of any kind. In the event of violation of this section, Playerate and the respective website that has been played with shall have the right to void all play and eliminate any earned commissions applicable from such play and eliminate the Affiliate from our Affiliate program and void any future play at the casino websites.

Affiliates are prohibited from sending traffic or Customers generated via incentivized marketing methods, excepting bonuses or promotions offered on the Merchant’s website or internal promotions. If an affiliate sends traffic that is determined as generated by incentivized methods, the affiliate will forfeit any earned commissions from the incentivized traffic. In this case, the affiliate will be issued a warning to not repeat incentivized marketing methods. A second violation of this rule will result in the affiliate’s removal from the affiliate program and loss of any earnings in the affiliate’s balance.

Affiliates must not operate or promote Merchants’ products in countries or jurisdictions where affiliate marketing of gaming is prohibited by law. Affiliates must not promote Merchant’s products to Customers in countries prohibited by the Merchant, a list of which is visible in the Merchant’s End-user terms and conditions.

Playerate has ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with Playerate 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.

Purchase Processing

You are only responsible for directing customers to the properties.

Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly inserted into the affiliate site or not properly received by the casino server the resulting customer registration and purchases will not be assigned to the affiliate. Therefore, it is the responsibility of the affiliate to ensure that all links are properly tagged.

Revenue Share and Payment

Playerate, as agent for the Merchants, will pay out a revenue share on the Commissionable earnings generated by each customer, as defined by the merchant.

Commissionable earnings are calculated as the merchant’s profit, less charge-backs, complimentary money, free money offers and other incentives offered to the customer.

Charge-back: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card, which were not authorized by him/her. The credit card holder then requests his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder’s card or card number.

Should the Customer process a charge back, the disputed or chargeback revenue generated by yourself will be forfeited and therefore deducted from the total balance due to you for the current month.

Should this deduction of the accumulated revenue exceed your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning revenue again.

Unlike with a Customer making a big winning, which only lasts one month, a charge back will stay due till the revenue generated by your other Customers has covered the amount due.

We understand that this might be frustrating to the Affiliates, but it has to be made clear that the casino can only pay out a percentage of their profits, not fraudulent revenue.

Complimentary Money, Free Money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts, we cannot pay commissions on these amounts.

Commissionable earnings will be subject to commissions as calculated using the tiered commission tables in force from time to time.

Negative earnings are NOT carried forward and the affiliate will begin each month on a zero balance. Should the affiliate close the month with a positive balance, commissions will be paid on the positive balance. Should the affiliate close the month with a negative balance, this balance will NOT be carried forward to the next month, unless the negative balance is a result of a charge-back.

Commissionable earnings will be earned for the life of the customer, on all transactions the customer undertakes at the merchant.

Playerate will endeavor to make payments 25 business days after the close of the preceding month. There is a minimum payout amount of $100 to be eligible to receive a payment (monthly or accumulated) on all affiliate accounts.

Affiliates are responsible for keeping their payment details/destination up-to-date. Playerate will not be responsible for lost payments when sent to outdated or incorrect destinations provided by the Affiliate.

Affiliates who elect to be paid by cryptocurrency should submit a fixed cryptocurrency address in the Affiliate system that can be used from month to month. It is the affiliate’s responsibility to be sure the provided cryptocurrency address in the system is correct. While we will endeavor to verify your cryptocurrency address before processing payments, we are not responsible for payments made to incorrect addresses entered into the Playerate affiliate system.

Commission Tiers

The default commission tiers for revenue share are based on the number of First Time Depositors (FTDs) delivered to the brand by the affiliate. They are as follows:

0-15 FTDs per month – 30%

16-50 FTDs per month – 35%

51-75 FTDs per month – 35%

75-100 FTDs per month – 40%

101-150 FTDs per month – 45%

151+ FTDs per month – 50%

CPA Terms

If you are promoting Playerate casinos on a Cost Per Acquisition (CPA) or hybrid (RS+CPA) basis, the following terms apply:

Playerate, as agent for the Merchants, will pay out an individually agreed upon CPA amount for acquired customers, as defined by the merchant.

Acquired customers are determined as depositing Customers who deposit at least 125% of the agreed CPA amount.

Should the Customer process a charge back, the disputed or charged-back revenue generated by yourself will be forfeited and therefore the CPA amount cannot be paid to affiliate. If the CPA amount has already been paid, it will be deducted from the following payment.

We understand that this might be frustrating to the Affiliates, but it must be made clear that the casino can only pay out on non-fraudulent revenue.

Complimentary Money, Free Money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts, we cannot consider these amounts as deposits.

Playerate reserves the right to move CPA affiliates into our revenue share program if it is determined that the bulk of their referrals are Customers who abuse the casino promotions or prove to be unprofitable to the Merchants.

Progressive Jackpots

As a Playerate affiliate, contributions to progressive jackpots are not deducted from affiliate earnings.

Policies and Confidentiality

The Merchants assume ownership of the customer at point of first contact with the visitor. You, as affiliate, act as a referring agent for the Merchants. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.

By opening an account with a customer, that person or entity will become our Customers and, accordingly, all Client rules, policies, and operating procedures will apply to them.

During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our Clients and/or the affiliate program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.

Limited License

We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our Clients’ intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site.

By this Agreement, we grant you the non-exclusive right to direct customers to our Clients’ sites and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we reserve the right to contract with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. 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 you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor’s rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

We reserve the right to revoke this license at any time and it shall have been deemed revoked at the termination of this agreement, for whatsoever reason.

Legal Responsibility

Ownership and content of our and our client’s sites remain our respective properties and shall not be deemed to have been transferred to the affiliate through any act or omission in respect of the affiliation agreement.

Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.

It is the affiliates responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.

Presentation of our banners & content on affiliate’s site is the responsibility of affiliate. The affiliate must ensure that our content is presented in accordance with our prescriptions.

Affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any rights.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by emailing and 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 EMAILING AND POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Spam – We do not condone Spam. The use of any form of Spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account. Should it be determined that any commission has been earned through the use of Spam, your affiliate account will be suspended indefinitely, and all earnings forfeited.

You and we 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.

Miscellaneous

This Agreement will be governed by the laws of Curacao without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.

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. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this 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 this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

Term & Termination

The term of this Agreement will begin when you download a merchant banner and link it to our site 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. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

Upon termination:

You must remove our Clients’ banner/s from your site and disable any links from your site to theirs and ours.
All rights and licenses given to you in this Agreement shall immediately terminate.
You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
If we continue to permit activity (generation of revenue) from customers 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 the Merchants.
You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature 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, which occurred prior to termination.

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT you have broken any of the terms of this agreement or have utilized spam (by email or other channels), or if you have in any way attempted to defraud this affiliate program or any of our clients’ brand(s). In these cases, we will determine (at our discretion) if any commissions were earned legitimately and pay final earnings within 90 (ninety) days of termination.

Relationship of Parties

We make no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to 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.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) 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. YOU HAVE 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.

Acknowledgement

IN WITNESS WHEREOF, by having read, the terms and conditions, and acknowledging such in the Affiliate sign-up form you agree to all the terms and conditions contained herein. Playerate reserves the right to withhold payment from any Affiliate that violates any of the terms and conditions contained herein.