AFFILIATE TERMS & CONDITIONS
VERSION 1. EFFECTIVE FROM 07.07.2020 AND LAST UPDATED 07.07.2020
This is an agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”)
and
www.junicpartners.com operated by Junic limited, a company with registration number
119859 and
registered address at 5 Secretary’s Lane, GX11 1AA, Gibraltar. (“Company”, “us”,
“we” or
"Affiliate Program").
By registering for the Affiliate Program, and by accessing and using any of our marketing tools
or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or
elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and
agreed to the Affiliate Agreement.
We may periodically make modifications to this Agreement. While we will do our best to notify you
of such changes, we recommend that you revisit this page regularly. Your continued use of the
Affiliate Program will constitute your consent to the updated Agreement.
1. DEFINITIONS
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate
Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application
is made by the Affiliate to take part in the Affiliate Program and approved by Company.
1.3“Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii)
the terms and conditions of the Commission Structures applicable to the different products and
brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the
Affiliate from time to time.
1.4“Affiliate Application” means the application made by the Affiliate to participate in the
Affiliate Program.
1.5“Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate
Website(s) or any other any third party website to Operator Websites.
1.6“Affiliate Program” means collaboration between the Company and the Affiliate whereby the
Affiliate promotes the Operator Websites and creates Affiliate Links from the Affiliate
Website(s) to Operator Websites. For such services the Affiliate is paid a commission depending
on the generated traffic to the Operator Websites, subject to terms within this Affiliate
Agreement and to the applicable product-specific Commission Structure.
1.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company
pays the commission and any other payments due to the Affiliate, which the Affiliate can
withdraw in accordance with the Affiliate Agreement;
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise controlled
by the Affiliate.
1.9 “Company” shall mean www.junicpartners.com and any other company within our group, including
our parent companies, their parent companies and all of the subsidiaries of these respective
companies.
1.10 “Operator” means N1 Interactive Ltd, a company incorporated under the laws of Malta with
registration number C 81457 and registered address at 206, Wisely House, Old Bakery Street,
Valletta VLT1451, Malta.
1.11 “Operator Websites” means the website www.casinouniverse.com or other such websites
(including mirror websites) as may be added to this Affiliate Program from time to time;
1.12 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed
amount for a New Customer (CPA structure) as set out in the Commission Structures.
1.13 “Commission Structures” means any specific reward structures expressly agreed between
Company and the Affiliate.
1.14 “Confidential Information” means any information of commercial or essential value relating
to Company such as, but not limited to, financial reports, trade secrets, know-how, prices and
custom quotes, business information, products, strategies, databases, technology, information
about New Customers, other customers and users of Operator Websites, marketing plans and manners
of operation.
1.15 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain
names, brands, business names, and registrations of the aforesaid and/or any other similar
rights of this nature.
1.16 “Net Gaming Revenue” or “NGR” means all monies received by Operator from New Customers as
placed bets, less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance
corrections, (d) administration fees, (e) fraud costs and chargebacks, (f) taxes. For the
avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to New
Customers referred to Operator Websites by the Affiliate Website(s).
1.17 “New Customer” means a new, first-time customer of the Operator who made a first deposit
amounting to at least the applicable minimum deposit at Operator Websites’ player account, in
accordance with the applicable terms and conditions of Operator Websites’. This excludes the
Affiliate, its employees, relatives and friends.
1.18 “Parties” means Company and the Affiliate (each a “Party”).
1.19 “Personal Data” means any information relating to any person, whether individual or legal
that is or may be identified, directly or indirectly.
2. AFFILIATE OBLIGATIONS
2.1 Registering as 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 Company 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.
2.2 Affiliate login details
- 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.
2.3 Affiliate Program participation
- The Affiliate Program is intended for your direct participation. Opening an Affiliate
Account for a third party, brokering or transferring an Affiliate Account is not accepted.
Affiliates wishing to transfer an account to another beneficial owner must contact us and
request permission. Besides, you shall not open more than one Affiliate Account without our
prior written consent.
By agreeing to participate in the Affiliate Program, you agree to use your best efforts to
actively advertise, market and promote the Operator Websites in accordance with the Affiliate
Agreement and Company’s instructions from time to time. You will ensure that all activities
taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way
harm the Company’s reputation or goodwill.
- You may link to the Operator Websites using the Affiliate Links or other such materials as
we may from time to time approve. This is the only method by which you may advertise on our
behalf.
2.4 Affiliate Website
- You will be solely responsible for the development, operation and maintenance of the
Affiliate Website and for all materials that appear on the Affiliate Website. You shall at
all times ensure that the Affiliate Website is compliant with all applicable laws, including
General Data Protection Regulation (GDPR), and functions as a professional website.
- You will not present the Affiliate Website in such a way so that it may cause confusion with
the Operator Websites, or so that it may give the impression that it is owned or operated by
Operator.
- The Affiliate Website will not contain any defamatory, libelous, discriminatory or otherwise
unsuitable content (including, but not limited to, violent, obscene, derogatory or
pornographic materials or content which would be unlawful in target country).
2.5 Valid traffic and good faith
- You will not generate traffic to Operator Websites by registering as a New Customer whether
directly or indirectly (for example by using associates, family members or other third
parties). Such behavior shall be deemed as fraud.
- You will also not attempt to benefit from traffic not generated in good faith. If you have
any reasonable suspicion that any New Customer referred by you is in any way associated to
bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will
immediately notify us of this.
- You hereby recognise that any New Customer found to be a bonus abuser, money launderer or
fraudster or who assists in any form of affiliate fraud (whether notified by you or later
discovered by us) does not count as a valid New Customer under the Affiliate Agreement, and
thereby no Commission shall be payable in relation to such New Customers.
2.6 Unsuitable websites
- You will not use any Affiliate Links or otherwise place any digital advertisements
whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by
a third party or otherwise).
- Unsuitable websites include, but are not limited to, websites that are aimed at children,
display illegal pornography or other illegal sexual acts, promote violence, promote
discrimination based on race, sex, religion, nationality, disability, sexual orientation, or
age, promote illegal activities or in any way violate the intellectual property rights of
any third party or of the Company, or breach any relevant advertising regulations or codes
of practice in any territory where such Affiliate Links or digital advertisements may be
featured.
2.7 Affiliate Links
- The Affiliate Links shall be displayed at least as prominently as any other sales link on
the Affiliate Website.
- You will only use Affiliate Links provided by Company within the scope of the Affiliate
Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to
Operator Websites) is also prohibited.
2.8 Email and SMS marketing
- If sending any emails or SMS communications to individuals which (i) include any of
Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Operator
Websites, you must first obtain our permission to send such emails.
- If such permission is granted by the Company, you must then ensure you have each and every
recipient’s explicit consent to receive marketing communications in the form of
communication to be sent (i.e. by SMS or email) and that such individuals have not opted out
of receiving such communication. You must also make it clear to the recipient that all
marketing communications are sent from you and are not from our Company or the Operator.
2.9 Use of Company Intellectual Property Rights
- Any use of Company’s Intellectual Property Rights must be in accordance with any brand
guidelines issued to you from time to time and are always subject to the approval required
in clause below.
- You will not register domain names, as well as search terms or other identifiers for use in
any search engine, portal, app store, sponsored advertising service or other referral
service which are identical to any of the Company’s and/or Operator’s trademarks or
otherwise include the Company and/or Operator trademarks.
2.10 Approved creative
- You will not use any advertising layout or creative (including banners, images, logos)
incorporating our Intellectual Property Rights unless the advertising layout or creative was
provided to you by the Company or (if advertising layouts are created by you) without the
advance written approval of Company. You will not modify the appearance of any advertising
that has been provided to you or for which approval was granted.
- It is your responsibility to seek approval from Company in time for launch of any
advertising campaign or creative, to ensure you have written approval from the Company in
relation to advertising, and to be able to evidence such approval upon request.
2.11 Loyalty Programs
- You will not offer any cash-back / value-back or similar programs, other than such programs
as are offered on the Operator Websites.
2.12 Responsible Gaming
- The Company and the Operator have ongoing commitment to responsible gaming and prevention of
gambling addiction. You agree to actively cooperate with the Company and the Operator 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.
2.13 Illegal activity
- You will not target any territory or jurisdictions where gambling is illegal or for another
reason is not allowed. You will act within the relevant and / or applicable law at all times
and you will not perform any act which is illegal in relation to the Affiliate Program or
otherwise. The Company strictly prohibit promotions in the following languages: Swedish,
Danish, Dutch.
2.14 Data Protection and Cookies
- You shall at all times comply with the General Data Protection Regulation (GDPR) and any
existing or new data protection acts, regulations or law applicable to your territory. This
includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
2.15 Cost and expense
- You shall be solely responsible for all risk, costs and expenses incurred by you in meeting
your obligations under the Affiliate Agreement.
2.16 Company monitoring of Affiliate activity
- You will immediately give Company all such assistance as is required and provide us with all
such information as is requested by Company to monitor your activity under the Affiliate
Program.
2.17 Commissions paid incorrectly
- The Affiliate agrees to immediately upon request by Company, return all Commissions received
based on New Customers referred to Operator in breach of the Affiliate Agreement or relating
to fraudulent or falsified transactions.
3. AFFILIATE RIGHTS
3.1. Right to direct New Customers
- We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate
Agreement, to direct New Customers to such Operator Websites as we have agreed with you in
strict accordance with the terms of the Affiliate Agreement. You shall have no claim to
Commission or other compensation on business secured by persons or entities other than you.
3.2. Licence to use Company Intellectual Property Rights
- We grant to you a non-exclusive, non-transferable licence, during the term of this Affiliate
Agreement, to use the Company Intellectual Property Rights, which we may from time to time
approve solely in connection with the display of the promotional materials on the Affiliate
Website or in other such locations as may have been expressly approved (in writing) by
Company. This licence cannot be sub-licensed, assigned or otherwise transferred by you.
3.3. Players’ Personal Data
- For the purpose of the services delivered under this Agreement, it is understood that the
Affiliate shall not have access to any Personal Data of Operator customers.
4. COMPANY OBLIGATIONS
- 4.1. We shall use our best efforts to provide you with all materials and information
required for necessary implementation of the Affiliate Links.
- 4.2. At our sole discretion, we will register any New Customers directed to the Operator
Websites by you and we will track their transactions. We reserve the right to refuse New
Customers (or to close their accounts) if necessary to comply with any requirements we may
periodically establish.
- 4.3. We shall make available monitoring tools which enable you to monitor your Affiliate
Account and the level of your Commission and the payment thereof.
- 4.4. We shall use and process the following personal data of an Affiliate or any Affiliate
employee, as follows: your username for logging in, your email address, name, date of birth,
your country and address, telephone number and financial data for the purposes of ensuring a
high level of security, fulfilling the AML legal requirements and for managing our business
relationship.
- 4.5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the
Commission in accordance with Clause 6.
5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your
negligence in performance under the Affiliate Program, or failure to meet your obligations
hereunder, the Company shall have the following remedies available:
- a) the right to suspend your participation in the Affiliate Program for the period required
to investigate any activities that may be in breach of the Affiliate Agreement. During such
period of suspension payment of Commissions will also be suspended;
- b) the right to withhold any Commission or any other payment to the Affiliate arising from
or relating to any specific campaign, traffic, content or activity conducted or created by
the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate
Agreement;
- c) the right to withhold from the Commission monies which Company deems reasonable to cover
any indemnity given by the Affiliate hereunder or to cover any liability of Company which
arises as a result of the Affiliate’s breach of the Affiliate Agreement;
- d) immediately terminate the Affiliate Agreement;
- e) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn
within a period of 3 (three) months from the date of the termination of the Affiliate
Agreement in accordance with clause 9.1.
Our rights and remedies detailed above shall not be mutually exclusive.
6. COMMISSION AND PAYMENT
- 6.1. Subject to your adherence to the provisions of the Affiliate Agreement, you will earn
Commission in accordance with the Commission Structure. We retain the right to change the
Commission percentage and method of calculation of Commission in accordance with this
clause.
- 6.2 The Commission is calculated at the end of each month and payments shall be made on a
monthly basis in arrears, not later than the 10th of the following calendar month.
- 6.3. Payment of Commission will be made through our Affiliate Wallet. Due to existing
regulations, Affiliates may be required for verification and “know your customer”
documentation before a withdrawal can be accessed.
- 6.4. A minimum amount of €200 (two hundred euro) may be withdrawn from the Affiliate Wallet
at one time.
- 6.5. If an error is made in the calculation of the Commission, the Company has the right to
correct such calculation at any time and will immediately pay out underpayment or reclaim
overpayment made to the Affiliate.
- 6.6. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity
to restructure its commission structure.
- 6.7 Should the net revenue generated from the new customers introduced by the affiliate in
any given month fall below zero ("negative net revenue"), such negative balance shall not be
carried over to the following month for the purposes of the calculation of the net revenue
and commission for that same month, except if an individual player win more than 3000 euro
in a single month, the player will then be excluded from the "no negative carry-over rule".
Such players are isolated until they become "positive" players again.)
- 6.8. The Affiliate’s acceptance of a Commission payment shall constitute the full and final
settlement of the balance due for the relevant period. In case the Affiliate disagrees with
the balance due as reported, he or she shall notify the Company within fourteen (14)
calendar days and clearly state reasons of the disagreement. Failure to notify the Company
within this time limit shall be considered as an irrevocable acknowledgment of the balance
due for the relevant period.
- 6.9. The Commission shall be deemed to be exclusive of value added tax or any other
applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes,
levies, charges and any other money payable or due to any tax authority, department or other
competent entity as a result of the compensation generated under the Affiliate Agreement.
7. STANDARD COMMISSION STRUCTURES
- 0-5 First Depositing Customers = 30% of NGR
- 6-20 First Depositing Customers = 35% of NGR
- 21-40 First Depositing Customers = 40% of NGR
- 40+ First Depositing Customers = 45% of NGR
- No Negative Carryover
8. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with
confidential information relating to our business, operations, or underlying technology and/or
the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate
Program).
You agree to avoid disclosure or unauthorised use of any such confidential information to third
persons or outside parties unless you have our prior written consent. You also agree that you
will use the confidential information only for the purposes of the Affiliate Agreement. Your
obligations in regards to this clause survive the termination of this Agreement.
In addition, you must not issue any press release or similar communication to the public with
respect to your participation in the Affiliate Program without the prior written consent of the
Company (with approval of the exact content to also be approved by Company).
9. TERM AND TERMINATION
9.1. Term
- The term of the Affiliate Agreement will begin when you are approved as an Affiliate and
will be continuous unless and until either Party notifies the other in writing that it
wishes to terminate the Agreement. In this case the Agreement will be terminated 30 days
after such notice is given. For purposes of notification of termination, delivery via e-mail
is considered a written and immediate form of notification.
- For the avoidance of doubt, Company may also terminate (in accordance with Clause 5 above)
upon immediate notice at any time for the Affiliates failure to meet their obligations under
the Agreement or otherwise for the Affiliate’s negligence.
9.2. Affiliate actions upon termination
- Upon termination you must immediately remove all of Company banners or creatives from the
Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Operator
Websites.
- All rights and licenses given to you in the Affiliate Agreement shall immediately terminate.
- 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.
9.3. Commission
- Upon termination of the Affiliate Agreement for any reason, all Commission relating to any
New Customers directed to Operator during the term shall not be payable to the Affiliate as
from the date of termination.
10. MISCELLANEOUS
10.1. Disclaimer
- We make no express or implied warranties or representations with respect to the Affiliate
Program, about Company or the Commission payment arrangements (including, without
limitation, functionality, warranties of fitness, merchantability, legality or
non-infringement). In addition, we make no representation that the operation of our sites
will be uninterrupted or error-free and will not be liable for the consequences if there are
any. In the event of a discrepancy between the reports offered in the Affiliate Account
system and the Company database, the database shall be deemed accurate.
10.2. Indemnity and Limitation of Liability
- You shall indemnify and hold Company, our directors, employees and representatives harmless
from and against any and all liabilities, losses, damages and costs, including legal fees,
resulting from or in any way connected with (a) any breach by you of any provision of the
Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate
Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your
negligent or intentional acts or omissions, or the unauthorised use of our creatives and
links or this Affiliate Program.
- The Company shall not be held liable for any direct or indirect, special, or consequential
damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation
arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have
been advised of the possibility of such damages.
10.3. Non-Waiver
- Our failure to enforce your strict performance of any provision of the Affiliate Agreement
will not constitute a waiver of our right to subsequently enforce such provision or any
other provision of the Affiliate Agreement.
10.4. Relationship of Parties
- The Company and the Affiliate are independent contractors and nothing in the Affiliate
Agreement will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between us. 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 would contradict anything in this Affiliate
10.5. Force Majeure
- Neither party shall be liable to the other for any delay or failure to perform its
obligations under the Affiliate Agreement if such delay or failure arises from a cause
beyond its reasonable control, including but not limited to labour disputes, strikes,
industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or
communications failures, earthquakes or other casualty. If such event occurs, the
non-performing Party is excused from whatever performance is prevented by the event to the
extent prevented provided that if the force majeure event subsists for a period exceeding
thirty (30) calendar days then either Party may terminate the Affiliate Agreement with
immediate effect by providing a written notice.
10.1. Disclaimer
- We make no express or implied warranties or representations with respect to the Affiliate
Program, about Company or the Commission payment arrangements (including, without
limitation, functionality, warranties of fitness, merchantability, legality or
non-infringement). In addition, we make no representation that the operation of our sites
will be uninterrupted or error-free and will not be liable for the consequences if there are
any. In the event of a discrepancy between the reports offered in the Affiliate Account
system and the Company database, the database shall be deemed accurate.
10.6. Assignability
- You may not assign the Affiliate Agreement, by operation of law or otherwise, without our
prior written consent.
10.7. Severability
- If any provision of the Affiliate 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 the Affiliate Agreement or any
provision hereof.
10.8. English language
- The Affiliate Agreement was first drafted in English. Should there be any conflict or
discrepancy between the English language version and any other language, the English version
shall prevail.
10.9. Modification of Terms & Conditions
- We may modify any of the terms and conditions contained in the Affiliate Agreement or
replace it at any time and in 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 Commissions and Affiliate Program rules.
If any modification is unacceptable to you, your need to terminate the Affiliate Agreement. Your
continued participation in our Affiliate Program following our posting of a change notice or new
agreement will constitute binding acceptance of the modification or of the new agreement.