Version 1.0, published November 26th, 2014
In order to apply for our affiliate program you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions do not continue with your application. If you have any questions regarding our affiliate program please contact firstname.lastname@example.org for further information.
1.1 This document (the "Agreement") outlines the terms and conditions agreed between us, Dragonara Interactive LTD (referred to herein as "Dragonara", "we" "us" or "our") and you (referred to herein as "you", "your" or “affiliate”), in respect to your application to join our affiliate program and to promote the www.dragonaraonline.com website and our services.
1.2 Dragonara reserves the right to update or modify this Agreement by notice via message to your email address 5 days prior to any changes being implemented and presented online at the site within the section of affiliate terms and conditions. If you do not agree to the changes you are required to terminate this Agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions will be published in clause 16 within this agreement available in updated version on www.affiliates.dragonarapartners.com. If you continue to participate in our affiliate program also after changes to the agreement have been posted this will be constituted as a binding acceptance of such changes by you.
1.3 In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. Dragonara determines at its’ sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision with regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the Dragonara website and services. Dragonara will email you with further information upon acceptance of your application.
In this Agreement unless the context otherwise requires:
''Confidential Information'' means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
''Net Generated Revenues (‘NGR’)'' means the sum of Dragonara’s net revenue generated by all your referrals in the space of a calendar month.
''Intellectual Property Rights'' means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Referred Customers" means Customers who have no prior account with our Website, and have signed up for an account with us with your affiliate tracking code attached.
“Revenue Share” means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.
"Your Website" the website which you notify to us on the Affiliate Sign up Form.
3.1 The Links provided to you by Dragonara should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without Dragonara’s prior written consent.
3.2 You shall ensure that you do not place any Links on pages of the Your Website aimed at persons under the age of 18 years.
3.3 In the event that you wish to place the Links on websites other than the Your Website, you must first obtain Dragonara’s written consent.
3.4 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 13.2).
4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS
4.1 For the first month starting form the date the affiliate is approved, the affiliate will earn a fixed 50% Revenue Share. Unless otherwise agreed. Thereafter, the affiliate will earn Commission as detailed in sections 4.1.1 below.
4.1.1 Your revenue share is calculated according to the following structure:
NGR (Net Generated Revenue) Casino Live Casino
€0 – 2,000 20% of NGR 20% of NGR
€2,001 – 8,000 30% of NGR 30% of NGR
€8,001 – 15,000 35% of NGR 35% of NGR
€15,001 and more 40% of NGR 40% of NGR
4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Live Casino products.
4.2 Net Generated Revenue is calculated according to the following terms for each of Dragonara products:
a) NGR from Casino is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.
b) NGR from Live Casino is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.
We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2
4.3 Activity Quota: If after a 3 month inclusive period, no new active players are referred, then Revenue Share will be reduced to 20% until further active players are referred.
5. FORBIDDEN PRACTICES
5.1 You may not in any way offer added rewards of any kind to your Referred Customers without Dragonara’s prior written consent. If Dragonara deems you to be in breach of this condition, Dragonara may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 13.2).
5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under any circumstance receive any Revenue Share on your own or direct relatives’ customer account.
5.3 You are forbidden to modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Dragonara Site in any way.
5.4 You are forbidden to attempt to artificially increase monies payable to you by Dragonara.
5.5 You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
5.6 You many not directly or indirectly benifit from, or be a party to any Money Laundering or related illegal activities.
6. DRAGONARA'S OBLIGATIONS
6.1 Dragonara shall supply you with the Links for inclusion on the Your Website and may update such Links from time to time.
6.2 Dragonara shall use its best endeavours to ensure that whenever a Referred Customer signs-up with Dragonara through your affiliate link with your tracking code attached the relevant Customer is identified as originating from Your Website. However, Dragonara shall not be liable to you in any way if Dragonara is unable to identify a Customer as originating from Your Website.
7.1 You will receive affiliate payments to the method you have specified upon registration.
7.2 The First payment is processed 15 days from the end of the first full month of operation. Thereafter, Commission Payments will be made on the 5th of every calendar month.
7.3 The minimum sum for a monthly payment of affiliate payment is €20. For Electronic Transfers the minimum sum for a monthly payment is of €250. If a Revenue Share does not exceed €20, Dragonara shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share for the month (including such carried forward sum) exceeds €20, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €20 in any given month.
7.4 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts shall not be carried forward to the subsequent month(s).
7.5 Dragonara shall provide you with statements accessible through your personal affiliate page, http://affiliates.dragonarapartners.com/ , detailing the Referred Customers and your share of Net Generated Revenues.
7.6 Earnings Location Limited: Once a players account has been verified there will be no limitations or restrictions on the commissions earned by the affiliate for an active player based on geogracphic location.
8. INTELLECTUAL PROPERTY
8.1 Dragonara grants you a non-exclusive and worldwide license to display the Dragonara brand features and related content (the " Dragonara Content") during the Term solely for the purposes of the display of the Links by you on Your Website as set out in this Agreement and in accordance with Dragonara’s guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by Dragonara to its customers from time to time shall remain the property of Dragonara. You are not permitted to alter or modify in any way the Dragonara Content without the express prior written consent of Dragonara.
8.2 You agree that Your Website shall not resemble in any way the look and/or feel of the Dragonara Site, nor will you create the impression that the Your Website is the Dragonara Site (or any part thereof).
9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.
9.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfil your obligations under this Agreement.
We make no representation that the operation of the Dragonara Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You (the "Indemnifying Party") shall indemnify on demand and hold harmless Dragonara and each of Dragonara’s associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non-observance by the Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement
12. EXCLUSION OF LIABILITY
12.1 Nothing in this clause 12.1 shall limit Dragonara’s liability for death or personal injury resulting from Dragonara’s negligence or for fraud.
12.2 Dragonara shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.
12.3 The liability of Dragonara shall not, in any event, exceed the sum of the total monies paid by Dragonara to you over the 6 month period preceding the date on which such liability accrued.
13.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.
13.2 If you are in material breach of your obligations within this agreement, Dragonara may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on you Referred Customers, by written notice to you.
13.3 In the event that a referred customer has had no activity for a period exceeding 24 months, this customer will no longer be deemed as your referral and you will no longer be entitled to any further Revenue Share from any future revenues created by this player.
14.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
14.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
14.3 Any notice given or made under this Agreement to Dragonara shall be by email to the relevant email email@example.com Dragonara shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Dragonara.
14.4 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
14.5 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
14.6 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of Malta. Each party irrevocably submits to the exclusive jurisdiction of Maltese courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
14.7 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
15.1 Tracking Cookie Duration: 30 days
15.2 Cookies will be overwritten. However, the final credit will rest with the affiliate who converts the player to regsitration.
16. CHANGES TO THIS AGREEMENT
This Agreement has not been varied or otherwise amended since 1st June, 2015