MARKETING AFFILIATE PROGRAM AGREEMENT
Last modified: 23.09.2022
This is a contract between you (the “Affiliate”, “you”) and us (“G.Partners, “we”). It describes how we will work together and other aspects of our business relationship.
The Marketing Affiliate Program Agreement governs your participation in our Marketing Affiliate Program (the “Affiliate Program” or “AP”). By participating in our Affiliate Program you agree to terms and conditions set out in this Marketing Affiliate Program Agreement.
· Promoted product — a web resource, which provides access to games for the visitors.
· Affiliate — webmaster, engaged in the promotion of online products of our Client(s). An Affiliate can be both an individual or a legal entity, accepting the terms of a public agreement on our resource.
· Affiliate Program (AP) — a set of actions that allow Affiliate to attract visitors to the Client’s website.
· Users — visitors, who have opened a personal account in Promoted product, and were attracted to the Client’s resource by the Affiliate.
· Earnings — the amount of money that is credited to Affiliate’s personal account in the AP. The amount of Earnings is defined as the percentage of Client’s income from the Users referred by the Affiliate.
· Payout — a transfer of Affiliate earnings from the personal account (within the AP) to an external payment system supported by the AP.
· Reporting period — the span of time (calendar month), according to the results of which the Affiliate’s personal account is credited with the Earnings.
· Promotional products — promotional items that are used by the Affiliates to promote Client's products within online and offline space.
REGULATIONS OF AFFILIATE PROGRAM
GETTING STARTED, ACCOUNT AND SAFETY REGULATIONS
1. Before joining an Affiliate Program, the Affiliate must read the effective Marketing Affiliate Program Agreement. By joining an Affiliate Program, the Affiliate agrees to terms and conditions set out in this Marketing Affiliate Program Agreement.
2. If the Affiliate is accepted to participate in the Affiliate Program, 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.
3. Affiliates of Savant Vision LTD can be legal entities and individuals over 18 years old. Each Affiliate is individually responsible for compliance with the requirements of this Agreement.
4. The Affiliate is obliged to keep the password and username to log into our system. Affiliates are personally responsible for the consequences of the loss and disclosure of username and password.
5. We are entitled to amend any part or all of this Agreement, including by replacing it in its entirety at any time without notice and consent of the Affiliate. The updated Agreement will become effective and binding on the next business day after we publish it on the AP website. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. If you don’t agree to the update, change or replacement, you can choose to terminate this Agreement.
6. You acknowledge and agree that we notify you of changes or modifications to this Agreement by posting them to this Program website. Only the Marketing Affiliate Program Agreement available at the Program website is considered valid.
7. We use Last Cookie Wins model, according to which each User
8. receives the Affiliate's reference code, via an advertising link of which the User discovered the promoted Product and completed the registration procedure.
9. Transfer or resale of AP accounts is prohibited without our permission.
10. 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.
TERM AND TERMINATION
1. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
2. We may terminate the Agreement with an Affiliate, without prior notice or explanation of the reasons.
3. If we update or replace the terms of this Agreement, you may terminate this Agreement on thirty (30) days written notice to us.
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, Savant Vision LTD 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 cabinet (for arbitration 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 Savant Vision LTD, the translation may be requested if necessary.
2. Savant Vision LTD prohibits the use of spam mailing. Upon detection of this methodology usage, we may without prior notice block the Affiliate’s account and refuse to pay funds from this account.
3. The Affiliates are allowed to send emails to the Users from their own email databases only if they can specify the sources of these databases. The content of the mailings must be provided by a third party and must be pre-agreed by the Savant Vision LTD.
4. Savant Vision LTD imposes certain restrictions for Affiliates on the use of brand traffic under standard commission programs. In this case brand traffic is considered to be the traffic that contains the names of the AP 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 notice and terminate this Agreement with Affiliate. At the same time, domains used for project mirrors do not fall under the concept of brand 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.
5. 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.
6. 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.
COMMISSION PROGRAMS, ZEROING NEGATIVE BALANCE AND SUB-AFFILIATE
1. AP provides the possibility to work on CPA and dynamic RevShare, from 25% to 45%, which is calculated by the formula:
Affiliate Income = ((100% - royalty) • NG + (100% - royalty) • Betting + (100% - royalty) • Rake) - CP - (deposits + payouts) • 5%) x aff %.
At Zaza Casino offer, RevShare is calculated by the formula:
NGR / EARNINGS = ((100%-royalty casino (15%))•NG-CP-(deposits+payouts)•7%) x aff%.
At the same time, the payout values for each project and a detailed analysis of the calculation formulas for dynamic RevShare should be clarified by the Affiliate from the AP technical support manager.
2. Each AP of Savant Vision LTD has individual conditions. For this reason, any Affiliate Program can be connected only after prior approval of conditions with Savant Vision LTD. AP can also be disabled exactly in 24 hours after the written notice to the Affiliate.
3. In situations where, during the reporting period the Users referred by the Affiliate caused losses to the Promoted product, by winning an amount in excess of the amount of contributions, the Affiliate’s earnings depend on the conditions of Affiliate Program offer, zeroing or deducting the amount from the Affiliate’s earnings may be possible.
4. The Affiliate may receive referral bonuses to own account for referring those persons, who wish to become Affiliates or to arrange a sub-partnership.
5. Referral bonuses make up 5% of the total earnings of all sub-affiliates per the reporting period.
PROMOTIONAL PRODUCTS USE
1. AP provides Affiliates with text, graphic and other products upon request. In addition, Affiliates have the right to independently interpret text descriptions posted on the pages of the Promoted Product. In case it is found that Product’s texts are copied without stylistic changes, the AP may terminate the cooperation with the Affiliate and qualify such repost as a use of branded traffic without prior notice to Savant Vision LTD.
2. This Agreement prohibits the use of any promotional products of original Client items in order to promote unlicensed copies of the product as well as to promote own projects. Any violation of copyright leads to the blocking Affiliate’s personal account.
3. This Agreement prohibits to indicate any deliberately false information that differs from the official data of project resources in the reviews of AP projects and on the Affiliate websites. Violation of this rule leads to termination of cooperation with the Affiliate.
4. Savant Vision LTD may at any time require the replacement of outdated links and promotional products with the relevant ones. In case the Affiliate refuses to fulfill these requirements, we may freeze its account within the system.
FRAUD, CHEAT AND VIOLATION OF WORK RULES
1. In case the Affiliates open personal accounts in the Promoted Product under their referral link, Savant Vision LTD 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.
2. In case the User gains or loses money due to fraudulent activities of other Users, Savant Vision LTD 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.
3. In case the Affiliate refers fake Users, Savant Vision LTD may refuse to pay earnings using the CPA model. If Savant Vision LTD 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).
4. Savant Vision LTD may at any time block personal account and freeze the account of the Affiliate, that is convicted of public defamation, unreasonable criticism, threats to support and other employees or projects of Affiliate Program.
5. Providing unreliable information on Affiliate’s sources of traffic also leads to the termination of the Agreement.
6. If Savant Vision LTD or Client have doubts about the Affiliate’s compliance with this Agreement, the account and personal accounts may be frozen until the circumstances are clarified. If the violation of the rules of cooperation is confirmed, Savant Vision LTD is entitled to zero out the Affiliate’s earnings without prior notice.
7. In case of disputable situations, the Affiliate is obliged to provide Savant Vision LTD with argumentation and position in the context of possible solution to the problem. Savant Vision LTD, in turn, undertakes to consider all disputed issues as objectively as possible and to find compromise solutions. The final decision made by Savant Vision LTD is not subject to appeal or review.
PROCEDURE AND TERMS OF PAYMENTS TO THE AFFILIATES
1. The reporting period that is operative for transferring Affiliate’s income is the calendar month.
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.
3. The Affiliate's earnings during the previous reporting period will be credited within 5 business days.
4. The smallest payout that can be made from the Affiliate's account is $2,000 (for bank transfer) and $200 (for payment systems).
5. Data for making money transfer can be changed within a period of not more than 3 business days after the settlement period ends and before payments completion.
6. Savant Vision LTD may freeze personal accounts of the Affiliates, in case their Users were noticed of suspicious activity, for the period needed to complete a traffic source check.
7. If by the time of the expected receipt of the first payment by the Affiliate, the last has referred less than 3 Users, Savant Vision LTD may conduct an additional verification.
8. Savant Vision LTD undertakes to pay lifetime commission payments under all Programs to the Affiliates who fulfill their obligations and do not cause any financial or reputational damage to Savant Vision LTD, AP or Promoted products.
LIMITALITION OF LIABILITY OF SAVANT VISION LTD
1. UNDER NO CIRCUMSTANCES WILL SAVANT VISION LTD 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 SAVANT VISION LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SAVANT VISION LTD WILL HAVE NO LIABILITY FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY INCLUDING CLIENT.
2. Savant Vision LTD 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. Affiliate further represents and warrants that:
· it will comply with all laws, rules, and regulations;
· it will not infringe or otherwise violate any third-party right;
· it will not send unsolicited bulk-email (spam);
· it will not engage in any behavior that is fraudulent, abusive or harmful to the Promoted product, Client or Savant Vision LTD;
· it will conduct itself in an ethical manner and refer bona fide Users.
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.
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.
5. Affiliate 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 Savant Vision LTD.
6. Affiliate hereby expressly declares that it has read this Marketing Affiliate Program 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.