TERMS AND CONDITIONS

GENERAL DEFINITIONS AND TERMS

Admin fee shall mean a variable fee deducted by Company to cover operational expenses, with the percentage determined by each Affiliate's unique rates.
Affiliate is any individual or legal entity acting in the course of trade that accepted the terms and conditions of the Affiliate Network by signing up on G.Partners' platform to provide marketing services.
Affiliate Network (AN) – G.Partners branded internet website, i.e https://g.partners/ which is operated by the Company and intended for the public access to information about the Affiliate Network that G.Partners set up for Affiliates and its terms and conditions. The Affiliate Network provides the technological infrastructure to facilitate the creation, management, and tracking of affiliate partnerships, as well as the processing of payments and commission distribution.
Agreement - this Marketing Affiliate Network Agreement and all materials referred or linked to in here.
Client shall mean a person that has been brought to the Project by the Affiliate's website through the link and has registered a personal account.
Cookies shall mean small text image files stored on your computer either temporarily or permanently to allow websites to recognize users, keep track of their preferences, to improve your experience on the website and to analyze your behavior on it.
Company shall mean Savant Vision LTD, company duly registered in Seychelles, registration number: 174811, registered address: FRANCIS RACHEL, EBRAHIM BUILDING, 2nd floor, Flat No. 5 and No.9, Mahe, Seychelles, Victoria, PO BOX 1196, Seychelles (“Company”, “we”, “our” or “us”).
Commission shall mean the monetary consideration to be paid by Company to Affiliate, as further detailed in Clause 4.
Commission Structures means any specific reward structures expressly agreed between Company and the Affiliate.
Commission rate shall mean the agreed percentage or fixed amount the Affiliate earns for their services, based on the offer's terms.
Earnings - the amount of money that is credited to Affiliate’s personal account in the AN. The amount of Earnings is defined as the percentage of Client’s income from the Users referred by the Affiliate.
Offers - mean the terms and conditions (including restrictions and rewards depending on the tariff and payment model), which together determine the information posted by the Affiliate (s) in order to promote the product of the Affiliate Network on the Internet.
Payment models - payment for a certain result of the placement of promotional materials by the Affiliate on the Internet. There are 3 payment models: CPA (cost per action), Revenue Share and Hybrid.
Payout - a transfer of Affiliate earnings from the personal account (within the AN) to an external payment system supported by the AN.
Project shall mean any of the websites, where a Company decides to place or in relation to which it decides to use the Internet traffic in its possession.
Promoted product - a web resource, which provides access to games for the visitors.
Promotional products - promotional items that are used by the Affiliates to promote Client's products within online and offline space.
Reporting period - the span of time (calendar month), according to the results of which the Affiliate’s personal account is credited with the Earnings.
Traffic - users referred to a promoted product as a result of an Affiliate placing advertising materials on the Internet.
Users - visitors, who have opened a personal account in Promoted product, and were attracted to the Client’s resource by the Affiliate.
Website – aggregate of means and information intended for publication on the Internet and displayed in certain text, graphic or sound forms. A website has a unique address (domain name) making it possible to identify and access it.

MARKETING AFFILIATE NETWORK AGREEMENT

Last modified: 24.07.2024

PLEASE READ THE ENTIRE AGREEMENT AS THIS IS A LEGAL AGREEMENT BETWEEN YOU (“Affiliate”) AND US (“Company”).

This is a contract between you (the “Affiliate”, “you”) and us (“Company”, “we”). It describes how we will work together and other aspects of our business relationship.

The Marketing Affiliate Network Agreement governs your participation in our Marketing Affiliate Network (the “Affiliate Network” or “AN”).  By participating in our Affiliate Network you agree to terms and conditions set out in this Marketing Affiliate Network Agreement. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not sign-up or participate in the Network.  You also hereby agree and irrevocably consent to our company’s general Privacy Policy and Terms of Use as listed here.

1. CONDITIONS FOR WORKING WITH G.PARTNERS AFFILIATE NETWORK

1.1. Before joining an Affiliate Network, the Affiliate must read the effective Marketing Affiliate Network Agreement. By joining an Affiliate Network, the Affiliate agrees to terms and conditions set out in this Marketing Affiliate Network Agreement.
1.2. If the Affiliate is accepted to participate in the Affiliate Network, the terms and conditions of this Agreement shall apply in full force and effect from the date of acceptance to participate, until terminated, pursuant to the terms set forth below.
1.3. The Affiliate acknowledges these regulations and undertakes to strictly comply with them, as well as guarantees that the data provided by the Affiliate when registering in the Affiliate Network are complete and accurate. In case of any changes in any of these data, the Affiliate is obliged to make corrections in their Affiliate account within 5 days from the date of the change.
1.4. The Affiliate is responsible for the functioning and content of their Internet resource(s) and independently bears any legal and property responsibility for what is displayed on their Internet resource(s).
1.5. Affiliates of Company can be legal entities and individuals over 18 years old. Each Affiliate is individually responsible for compliance with the requirements of this Agreement.
1.6. The Affiliate is obliged to keep data (login and password) for access to log into our system and prevent them from getting into third hands. The Affiliate is solely responsible for the safety of login and password.
1.7. By applying to be registered as an Affiliate of the Affiliate Network, the Affiliate warrants that:

1.8. We are entitled to amend any part or all of this Agreement, including by replacing it in its entirety at any time. In case if We change, amend, or modify this Agreement, We will publish the new version of the Agreement on the website https://g.partners/ and email with any term active Affiliates about it.When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version.
1.9. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE NETWORK after the new version of the Agreement, it will be considered as the Affiliate's acceptance of the new version of the Agreement.
1.10. We use Last Cookie Wins model, according to which each User receives the Affiliate's reference code, via an advertising link of which the User discovered the promoted Product and completed the registration procedure.
1.11. Transfer or resale of AN accounts is prohibited without our permission.
1.12. This Agreement prohibits to indicate any deliberately false information that differs from the official data of project resources in the reviews of AN projects and on the Affiliate websites. Violation of this rule leads to termination of cooperation with the Affiliate.
1.13. In case the Affiliates open personal accounts in the Promoted Product under their referral link, Company immediately blocks both the accounts of Affiliates and the accounts of the referred Users. All funds will be charged off from these accounts in favor of the Promoted product (Client) in the shortest possible time. This rule also applies to all friends and relatives of the Affiliate.
1.14. In case the User gains or loses money due to fraudulent activities of other Users, Company may reduce Affiliate’s balance by an appropriate amount. We can also change the balance for the same reasons for an indefinite period after the fraud has been detected.
1.15. In case the Affiliate refers to fake Users, Company may refuse to pay earnings using the CPA model. If Company detects any manifestations of unusual behavior of the Users referred by the Affiliate, the Affiliate’s income may also be charged off in favor of the Promoted product (Client).
1.16. In case of systematic use of obscene language or abuse of support service employees in appeals, the affiliate network reserves the right to indefinitely deny the Affiliate any further online support or terminate cooperation with the subsequent blocking of the account and resetting the Affiliate balance.
1.17. Correspondence and personal communication with the administration, affiliate manager or affiliate network support service is considered classified information. Affiliate network participants are prohibited from providing and making available to the public, public display, providing third parties with the opportunity to view / listen to secret information (or fragments thereof). In case of violation of this rule, the affiliate network reserves the right to terminate cooperation with the subsequent blocking of the account and resetting the Affiliate balance.
1.18. The Affiliate Network reserves the right to block payments to the Affiliate, if the administration of the Affiliate Network has reason to believe that the Affiliate has violated the rules for working with the Affiliate Network. Payments can be blocked for any period until clarification of circumstances. According to the results of the verification, if violations of the terms of cooperation are revealed, the Affiliate Network reserves the right to block the Affiliate’s account without prior notice.
1.19. In case of disputable situations, the Affiliate is obliged to provide the Company with argumentation and position in the context of possible solutions to the problem. Company, in turn, undertakes to consider all disputed issues as objectively as possible and to find compromise solutions. The final decision made by the Company is not subject to appeal or review.

2. TRAFFIC RESTRICTIONS AND LIMITATIONS

2.1. We may at any time, without giving reasons, request from the Affiliate information about the resources on which the Affiliate's promotional campaign is carried out. In case the Affiliate refuses to provide relevant information, the Company may freeze the user's accounts. In order to avoid accounts freezing the Affiliate is obliged, in response to our request, to provide an URL or an alternative path to the domain (for websites), an example of a promotional announcement or a screenshot of the promo account (for paid traffic). In the case of product promotion through email distribution, the Affiliate should add our marketing email address to the promotional mailings database and provide the mailing template and text. While advertising through social networks, streaming channels and mobile Applications, the Affiliate is obliged to provide links to these resources. In cases when the Affiliate's promotional campaign is carried out in languages not supported by the Company, the translation may be requested if necessary.
2.2. Company prohibits the use of spam mailing. Upon detection of this methodology usage, we may without prior written notice block the Affiliate’s account and refuse to pay funds from this account.
2.3. Company imposes certain restrictions for Affiliates on the use of branded traffic under standard commission programs. In this case branded traffic is considered to be the traffic that contains the names of the AN projects with different spelling variations, bad spelling will also be taken into account with this. If an Affiliate wants to use this type of traffic, it is recommended to contact our technical support in advance and clarify the terms of cooperation. If an Affiliate consciously uses standard commission models for branded traffic but tries to hide this information, we may freeze the Affiliate’s account without prior written notice and terminate this Agreement with Affiliate. At the same time, domains used for project mirrors do not fall under the concept of branded traffic. The use of such domains is completely prohibited by this Agreement and may lead to blocking of both Affiliate’s account and personal account. Whereby traffic attracted from such domains is not paid.
2.4. This Agreement forbids to attract and use motivated traffic. In case of this rule violation, we may freeze the Affiliate’s account, block personal account and refuse payment of the earnings.
2.5. This Agreement prohibits the use of cookie stuffing and all other cookie substitution schemes. In case of violation, we may freeze the Affiliate’s account, block personal account and refuse payment of the earnings.

3. USE OF PROMO MATERIALS

3.1. Affiliate Network provides unique promotional materials including links. Each Affiliate independently checks the performance of its links and the correctness of displaying additional parameters in their personal account. G.Partners platform will not be able to track players referenced by the Affiliate if their links are inactive.
3.2. We do not provide the Affiliates and third parties with any confidential information of the Users, excluding data that is available for viewing in the Affiliate's personal account.
3.3. Affiliate Network provides its Affiliates with graphic materials and text materials on request.
Affiliates are free to use the information available on the Project’s website; such information must be used only in edited and modified form. Copying information from Project’s website "as is" will cause the termination of cooperation with the Affiliate.
3.4. Affiliates are strictly prohibited to use Promotional Materials (text, graphics, video, and layout elements) of the original Projects to promote their unlicensed projects and violate copyrights.
3.5. The Company can demand the replacement of outdated links, logos, screenshots, and other Promotional Materials, and postpone a payout in the situation of Affiliate's refusal to replace them for an indefinite period until the requirements have been met.

4. AFFILIATE COMMISSION STRUCTURE

4.1. The Commission rate varies from 10 EUR to 500 EUR, depending on the offer, geographical location, target audience and personal tariff plan of the Affiliate. Along with that, the precise commission rates shall be conclusively determined through direct agreement between the parties.
Where applicable, admin fee includes payment system fees, game providers fees, etc. The percentage of the admin fee is subject to change as each Affiliate has its own unique admin fee rates.
AN provides the possibility to work on CPA, dynamic RevShare and Hybrid (CPA + RevShare) programs.
The amount of the RevShare fee shall be calculated by a pre-specified formula and set up individually by Agreement between Affiliate Network and Affiliate.
The amount of the CPA fee (payment for the referred client) shall be negotiated individually and set up individually by Agreement between Affiliate Network and Affiliate.
4.2. Once a Commission Structure has been agreed upon and applied to the Affiliate's account, it cannot be altered retroactively.
4.3. If Company (in its sole and unfettered discretion, but acting reasonably) determines that an Affiliate is abusing its membership as an Affiliate so as to unfairly gain an advantage, or for other reasons, then the Company may withhold any Commissions due to such Affiliate and/or vary the amount of Commission.
4.4. Each AN of Company has individual conditions. For this reason, any Affiliate Network can be connected only after prior approval of conditions with the Company. AN can also be disabled exactly in 24 hours after the written notice to the Affiliate.

5.THE TERMS OF SETTLEMENTS WITH AFFILIATES

5.1. The reporting period that is operative for transferring Affiliate’s income is the calendar month.
5.2. Affiliate's earnings under this Agreement is the commission in the amount of a certain percentage of net income, received by the Promoted Product from the Users referred by the Affiliate.
5.3. The Commission earned by the Affiliate in the previous calendar month will be made in the first 3 (three) business days after the close of the reporting period, if there is a positive balance on the Affiliate’s account. AN shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.
5.4. The term of the delay in the accrual of payments (Hold) is determined by the administration of the Affiliate Network at its discretion.
5.5. If there is a negative balance in the Affiliate's account in the current reporting period, it is NEVER transferred to the next reporting period. The next reporting period starts with a zero (not negative) value, as the G.Partners Affiliate Network does not cover financial risks at the expense of its Affiliates.
5.6. The payment method is chosen by the Affiliate by adding a corresponding wallet or bank card in the selected currency. The supported payment methods for making payments are wire transfer or payment systems that are available through the Affiliate Network at the time of the payment. The currency of payment depends on the payment system or bank chosen by the Affiliate and the currency of the affiliate's balance depends on the offer chosen by the Affiliate. The exchange rate used to calculate the Affiliate's earnings is evaluated on the day of invoice and at the rate set by XE (https://www.xe.com/).
5.7. If an Affiliate chooses a bank transfer method of receiving earnings, the Affiliate acknowledges and accepts the possibility of being involved in a special Know Your Customer (KYC) procedure and signing a separate agreement.
5.8. The smallest payout that can be made from the Affiliate's account is 500 EUR (for bank transfer) and 200 EUR (for payment systems).
5.9. The data for payment by bank transfer may be changed within a period not more than 5 (five) working days after the end of the billing period and before the completion of payments, if the Affiliate has chosen the method of payment via a payment system and it is the Affiliate's sole responsibility to ensure that he/she/it has entered the correct payment details 5 (five) working days prior to the date of payment
In case of payment via bank transfer, the Affiliate is obliged to notify us in advance about the change of its bank details. In addition, it may be necessary to conclude an Agreement.
5.10. No payment shall be made if the website traffic is generated via illegal actions or is contrary to any other clause of these terms and conditions.
5.11. If by the time of the expected receipt of the first payment by the Affiliate, the last has referred less than 3 Users, Company may conduct an additional verification.
5.12. Company is obliged to payout Earnings to the Affiliate as long as Affiliate dutifully fulfils its obligations and does not cause financial or reputational harm to the Affiliate Network or Projects.

6. CONFIDENTIALITY

6.1 Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning G.Partners shall be considered Confidential Information and will remain strictly confidential and secret, and shall not be utilized, directly or indirectly.
6.2 The Affiliate agrees to neither disclose nor allow unauthorized use of the Confidential Information by third persons or outside parties unless the Affiliate has G.Partners’ prior written consent and that the Affiliate will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement.
6.3. The Affiliate shall be liable for any breach of the confidentiality obligations under this Clause by any of its employees, agents or any other person who obtained access to the Confidential Information.
6.4. Confidential information under this Agreement shall not be disclosed for the duration of the Agreement and for a period of 5 years from the date of its termination.

7. TERM AND TERMINATION

7.1. The term of the Affiliate Agreement begins upon your approval as an Affiliate and remains in effect for as long as you participate in the Affiliate Network until terminated in accordance with the terms set forth herein.
7.2. Either party is entitled to wholly or partly terminate the Service (for example regarding a specific Campaign), or to terminate the Agreement as a whole, with or without cause by providing written notice to the other party, without incurring any liability towards the other party in respect hereof.
7.3. Either party furthermore is entitled to terminate the Agreement (in whole or in part) in writing, with immediate effect and without incurring any liability towards the other party, in the event the other party:
(i) commits a material breach of its obligations under these Terms of Use and such breach is not remediable;
(ii) commits a material breach of its obligation under these Terms of Use which is not remedied within 14 days of receiving written notice of such breach;
(iii) any consent, license or authorisation held by the other is revoked or modified such that the other is no longer able to comply with its obligations under these Terms of Use or receive any benefit to which it is entitled;
(iv) has been declared bankrupt, files for bankruptcy or requests a suspension of payments, or ceases its business or is in the process of liquidation.
For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
7.4. The Company is entitled to terminate the Agreement with immediate effect, without any liability to the other party, and without prior written notice, in the event that the other party commits any of the following acts: fraud (including traffic generated by illegal means, false advertising, creation of fake player accounts, etc.), use of incentive traffic, spamming, violation of marketing rules or any other actions that jeopardise the Affiliate's business.
7.5. Upon termination you must immediately remove all of Company banners or creatives from the Affiliate Website and disable all Affiliate Links from its site and disable any links from its site to same.
7.6. On termination, for whatever reason, all rights and licenses granted to the Affiliate in this Agreement shall immediately terminate.
7.7. 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.
7.8. Termination will not exculpate the Affiliate from any liability arising from any breach of this Agreement that occurred prior to termination.
7.9. Upon termination of the agreement, the Company will settle the Affiliate's final earnings within 90 (ninety) calendar days.
7.10. Upon termination of the Agreement, AN shall have the right to withhold the entire amount or any portion of the commission fee to cover the costs associated with violations of the Agreement by the Affiliate.

8. LIMITATION OF LIABILITY OF COMPANY

8.1. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO AFFILIATE OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COMPANY WILL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY INCLUDING CLIENT.
8.2. Except to the extent that liability cannot be limited under applicable law, any and all liability of the Company shall be limited to a maximum amount of EUR 5,000 (five thousand euros).
8.3. We make no express or implied warranties or representations with respect to the Affiliate Network or an affiliate’s potential to earn income from the Affiliate Network. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and the Company will not be liable for the consequences of any interruptions or errors.
8.4. The Affiliate will indemnify and hold harmless Company, its directors, officers, employees, agents, subsidiaries, and third parties from and against any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to the Affiliate's use of the Affiliate Network.

9. MISCELLANEOUS

9.1. Company and Affiliate represent that they are fully authorized to enter into this Agreement and that they shall comply with all applicable laws, rules, and regulations and will not violate or infringe upon any third-party rights in its performance of its rights and obligations under this Agreement.
9.2. This Agreement represents the entire understanding and agreement of the parties relating to the Network, and any and all prior agreements, understandings, and statements, whether express or implied, written or oral, regarding the Network, are of no further force and effect. In order to participate in certain portions of the Network, you may be notified that you may be required to agree to additional terms and conditions as the Network is revised over time.
9.3. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
9.4. This Agreement, and any disputes, actions, claims, or causes of action arising out of or related to this Agreement, will be governed by laws of Seychelles.
9.5. Affiliates shall not assign, transfer, or delegate any of its rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of the Company.
9.6. Company and the Affiliate are independent contractors. Nothing in these Terms will create any partnership, employment, representative, agency, or joint venture relationship between the parties.
9.7. Affiliate hereby expressly declares that it has read this Marketing Affiliate Network Agreement in its entirety and understands all of the terms and conditions to Affiliate’s satisfaction, and that Affiliate hereby declares Affiliate is ready, willing and able to be bound thereby and to perform Affiliate’s obligations hereunder.

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