- This document and the appendices herein (together with the “Affiliate Agreement” or “Agreement”) sets out the terms and conditions agreed between:
- DLD Group N.V. (hereinafter “Company”), a company licensed and regulated by the laws of Curacao under the Master Gaming License 1668/JAZ and registered at E-Commerce Park Vredenberg, Curaçao.
- The person/company set out on the relevant application form (hereinafter the “Affiliate”), enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the Yonipartners Affiliate Program (“Program”).
- The Affiliate shall ensure and undertake that the information provided to the Company when completing the application form is complete, true, and accurate in all respect.
- Once the Affiliate is a member of the Program, it will promote the Brand by using Content on its Site or other platforms in return fora Commission.
- The Company may change all or any part of this Agreement at any time and at its sole discretion. The existing Terms and Conditions are the Terms and Conditions displayed on the Affiliate Program website at the moment. Should the terms of the Affiliate Program be amended, Affiliates will be notified by the email address provided by them at the time of registration.
- “Affiliate” means any natural and/or legal person who, after having entered into this Agreement, makes space on its website or other media platform (“Affiliate Site” or “Site”) for the Content provided by the Company for the purposes of this.
- “Affiliate Account” means the Technical Platform account set up by the Company based on the information provided by the Affiliate in the application.
- “Affiliate Account Manager” means any employee of the Company authorized to manage the business relationship between the Company and the affiliate partner.
- “Bonuses” means any so-called “free money”, “free bets”, “free spins”, “money back”, vouchers, rebates, discounts, and/or similar that the New Customer can utilize as payment for stakes (bets).
- “Brand” means any relevant brand operated by DLD Group N.V. (“Group”).
- “Commission” or “Reward” means the compensation due to the Affiliate based on the agreed percentage of Net Revenue (“Revenue Share”), Cost Per Acquisition, or other Rewards.
- “Company” means DLD Group N.V. and any of the subsidiaries of DLD Group N.V., the publicly listed group holding company, including without limitation of DLD Group N.V.
- The contractual party in this Agreement is and remains solely DLD Group N.V.
- “Confidential Information” means any information of commercial value, considered essential for both parties, such as but not limited to technology, market, and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Customer lists, prospect, and New Customer data, supplier lists, marketing plans, product development, manner of operation or financial conditions.
- “Content” means material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including Sub-Affiliate links), banners, and other general advertising material.
- “Database” means any information stored about Affiliates and New Customers, containing any Company proprietary New Customer data for the purposes of this Agreement, including without limitation to Personal Data and contact information, and excluding all other Company databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement. Databases are assets of a financial value belonging to the Company and represent a substantial investment made by the Company.
- “Goodwill” means the benefit of a business having a good reputation under its name and regular patronage.
- “Gross Revenue” means the value of the revenues generated by all customers referred by the Affiliate across all products. Revenues generated would be equal to all (settled) bets less wins. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
- “Intellectual Property Rights” or “IPR” means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names, and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future.
- “Net Revenue” means the monthly Gross Revenue after the deduction of costs including but not limited to taxes, betting duties, third party commissions/fees for providing games, financial transaction fees, bonuses, loyalty rewards, and chargebacks.
- “New Customer” means any person that registers with the Brand after clicking on the Content, excluding any person that already exists in the Company’s Brand customer Database or that has previously closed a customer account and opened a new one through the Affiliate. A customer will be linked to the last Affiliate who referred the customer to the Company based on the affiliate tracking cookie.
- “New Depositing Customer” means a New Customer who has made a first minimum deposit with the Company which is used for bona fide transactions with the aim to establish and enter into a normal commercial relationship with the Company within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
- “Parties” means the Company and the Affiliate (each a “Party”).
- “Payment Agent” means any third party appointed by the Company to carry out on its behalf and make payments to the Affiliates.
- “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Affiliates.
- “Products” means the betting and gaming products offered by the This includes but is not limited to online sports betting, poker, casino, and bingo.
- “Commission Plan” or “Reward Plan” means any financial model agreed between the Parties to compensate the Affiliate for its marketing activities.
- “Sub-Affiliate” means any natural and legal person who, after having entered into a collaboration with the Affiliate, makes space on its website or other media platform available to post Content for the acquisition of New Customers.
- “Technical Platform” means a technical tool selected by the Company to record, register, and monitor the Affiliate’s activities, business, and the activities between the Company and New Customers.
- “Term” means the period from the date the Affiliate accepts the terms of this Agreement until termination of this Agreement as specified under article 13.
- “Working Day” means every day from Monday to Friday inclusive, excluding public holidays and weekends.
- GENERAL SCOPE AND OBJECTIVE
- The Company requires third party advertising space to promote the Brand to increase its business, notably via increasing the number of New Depositing Customers and will, from time to time in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event the Company uses a third party for the (partial) roll-out of its affiliate marketing strategy, (including contract negotiation, day-to-day management of the Technical Platform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as an agent, subcontractor or other), the Company is and remains exclusively responsible for the execution of the
- The Company has set itself, and in some markets, it is bound by, the following three objectives when promoting its services and the Brand to
- The Company wishes to prevent gambling from being a source of crime and or disorder, being associated with crime or disorder and/or being used to support crime;
- The Company wishes to ensure that gambling is conducted in a fair and open way; and
- The Company intends to protect children and vulnerable persons from being harmed and/or exploited. The Affiliate acknowledges that it will respect the above objectives and agrees that it will act at all times in a manner that is consistent with these objectives during the Term of this Agreement.
- Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses (including investment and/or running costs) incurred in respect of the obligations it undertakes under this Agreement and will have no right of recourse against the other Party in respect thereof.
- INTEGRATION OF THE AFFILIATE IN THE YONIPARTNERS AFFILIATE PROGRAM
- Upon the Affiliate’s successful application to join the Program, a unique tracking code (often in the form of a URL) is assigned to the Affiliate so that the Affiliate is integrated into the Technical Platform. This tracking code will identify any New Customers referred by the Affiliate. It is the Affiliate’s responsibility to ensure that any tracking code generated by the Technical Platform is used correctly.
- Any additional advertising material (of any kind whatsoever) created by the Affiliate and related to the Company shall require the Company’s prior written approval.
- THE AFFILIATE’S OBLIGATIONS
- During the Term of this Agreement, the Affiliate shall use its reasonable endeavors to display the most up to date Content on the Affiliate Site in a manner and location agreed by the Parties. The Affiliate shall not alter the form or operation of the Content without the Company’s prior written consent.
- At all times the Affiliate agrees to be bound by the Company’s Affiliates Advertising Requirements which can be found in Appendix A at the end of this Agreement.
- The Affiliate agrees to give the Company reasonable assistance in respect of the display, access to, transmission, and maintenance of the Content.
- The Affiliate shall ensure that it does not place any Content on pages of the Affiliate Site targeting individuals under the legal gambling age where they are domiciled and does not allow, assist or encourage others to market and promote any Content, the Brand and the Company’s services to anyone under the legal gambling age in the countries where they are domiciled.
- In the event the Affiliate wishes to place the Content on websites other than the Affiliate Site (including Sub-Affiliate’s sites) or wishes to use a Sub-Affiliate, the Affiliate must first obtain the Company’s written authorization.
- The Affiliate shall not purchase or register keywords, search terms, or other identifiers for use in any search engine, portal, sponsored advertising service, or other search or referral service which are identical or similar to any of the Company’s trademarks or any other Brand belonging to the Company, or variations thereof in the “domain name”, (i.e. after any prefixes but before the top-level domain suffix), or include meta-tags on the Affiliate Site which are identical or similar to any of the Company’s trademarks. The Affiliate shall not create pages falsely representing any Brand in any social media channels (including, but not limited to, Facebook, Google +, Twitter ).
- The Affiliate’s and the Company’s employees, related corporations, partners, agents, contractors, representatives, and suppliers (including themselves, their friends, immediate family members, spouses, partners, and housemates) are not eligible to participate in the Affiliate Program.
- The Affiliate shall not:
- directly or indirectly offer any person or entity any incentive (including but not limited to money) to access the Site and use the Content on the Affiliate Site (e.g. by implementing any “rewards” program for persons or entities who use such content);
- read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person or entity;
- use of any device, robot, spider, software, routine or other methods (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Products and/ or the Company’s websites or any related information or transactions;
- engage in transactions of any kind on the Company website on behalf of any third party, or authorize, assist, or encourage other third parties to do so;
- take any action that could reasonably cause any confusion as to the Company’s relationship with the Affiliate, or as to the Site on which any transactions are occurring;
- promote the Brand in any way other than by using the Content on the Affiliate Site in accordance with this Agreement without the Company’s prior written consent;
- post or serve any advertisements or Content on any website not owned by the Affiliate using framing techniques including but not limited to pop-up/pop-under windows, or assist, authorize or encourage any third party to take any such action without the Company’s prior written consent;
- attempt to artificially alter monies payable to the Affiliate by the Company in any way, including but not limited to colluding with New Customers referred by the Affiliate, or other Affiliates and/or by the creation of multiple Affiliate Sites or accounts to hedge bets, offset losses or otherwise gain a financial advantage;
- attempt to intercept or redirect (including, without limitation to user-installed software) traffic from or on any other website that participates in the Program;
- register more than one Affiliate account with the Any exceptions must be confirmed in writing by the Company’s Head of Affiliates;
- use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customers to the Site;
- be under eighteen (18) years of age and must be able to provide the Company upon request at any time, a copy of his/her ID, billing address, and/or other documents. Refusal to do so may be considered, at the Company’s sole discretion, as fraudulent activity;
- fail to keep the Affiliate Site content compliant with any content and phrasing obligations and/or restrictions imposed on the Company by legal and/or regulatory requirements and/or third-party suppliers. In the event that the Affiliate, for any reason, does not have knowledge of such obligations, the Affiliate must update its Site within two (2) Working Days upon receipt of a notification from the Company pursuant to article 14.5 of this Agreement;
- apply for a new Affiliate account if it previously had an account closed due to breach of the Agreement;
- engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves fraud, whether of customers or other commercial
- If the Company determines, at its sole discretion, the Affiliate has engaged in the activities specified above, the Company shall have the right to:
- suspend any payments due to the Affiliate while the Company investigates any suspected breach, and/or;
- alter the Reward Plan of the Affiliate and/or;
- withhold payment of any Commission due to the Affiliate that has derived from the breach, and/or;
- retain the Commission until the debt is settled or invoice the cost incurred by such breach and/or;
- terminate the Agreement
If the investigation made by the Company leads to the conclusion that there is no breach, the Company shall pay the Affiliate all suspended or withheld payments.
The decision by the Company to pursue any of its rights or remedies under article 3.9 will be without prejudice to any other rights, remedies, legal actions, or compensations available to the Company.
- THE COMPANY’S OBLIGATIONS AND RIGHTS
- The Company shall provide the Affiliate with the Content for the purposes of this Agreement and may update such Content from time to time.
- The Affiliate shall comply with the Company’s instructions to track New The Company shall use its reasonable endeavors to ensure that whenever a New Customer is directed to its websites and registers an account, the relevant New Customer is identified as originating from the Site. However, the Company shall not be held liable if it is unable to identify a New Customer as originating from such Site.
- The Company shall be entitled to use any of its rights or fulfill any of its obligations hereunder (including, without limitation to, its payment obligations through any DLD Group N.V. subsidiary company).
- Subject to the Introductory Provisions mentioned above, the Company shall be entitled to accept or decline any Affiliate’s application at its sole discretion.
- The Company has the right to monitor the Affiliate Site to ensure that the Affiliate is complying with the terms of this The Affiliate shall provide (and at no charge), the Company with all data and information to perform such monitoring.
- The Company (its internal and external, financial, and accounting auditors) has the right to audit all relevant records during the Term of the Agreement and for two (2) years afterward. The Affiliate shall allow the Company and/or its auditors access to such records for the purposes of conducting the audit.
- COMMISSION AND PAYMENT TERMS
- The Affiliate shall be entitled to receive on a monthly basis a Commission based on the activities of its referred customers.
- If the Affiliate is paid on a Revenue Share Reward Plan, it shall be entitled to receive Commission for the lifetime of its referred New Customers, until termination of this agreement. Where an Affiliate promotes more than one Brand, the Revenue Share is calculated across all products and brands. If the Affiliate is paid on a different type of Reward Plan, (including but not limited to Cost Per Acquisition, ‘CPA’), the Commission shall be specified in a separate agreement agreed upon by the parties.
- In order to receive an additional Commission based on a percentage of the Commission earned by its Sub-Affiliate(s), the Affiliate shall refer the Sub-Affiliate to the Program through the Content. The Affiliate cannot claim a Commission from a new affiliate account created by an Affiliate who simultaneously has another Affiliate The Affiliate shall ensure that the Sub-Affiliate complies with the terms of this Agreement by making it aware to them before it enters into any arrangement with the Sub-Affiliate for the purposes this Agreement. The Affiliate is not allowed to register itself as a Sub-Affiliate. Unless agreed otherwise by the Parties, the Affiliate is entitled to receive 8% of its Sub- Affiliates’ Commission.
- At the Company’s sole discretion, the Head of Affiliates may, without prejudice to any other rights or remedies available to the Company, choose to deal with an Affiliate and/or Sub-Affiliate account fraud, i.e. failure to comply with the foregoing rules, by:
- merging duplicate accounts, and/or;
- applying the original Reward Plan to the New Customers from the secondary Affiliate account, and/or;
- severing the link between the master Affiliate & Sub-Affiliate, and/or;
- terminating the Agreement for the Affiliate and/or the Sub-Affiliate.
- The Company shall provide the Affiliate with statements accessible through its Affiliate Account at http://www.yonipartners.com (the ‘Technical Platform’) detailing the number of New Customers, New Depositing Customers, Net Revenue and the Affiliate’s Commission, if any, which have accrued to the Affiliate over the course of the calendar Such statements shall in principle be updated daily. At the beginning of each calendar month, the Company shall record the Affiliate’s total Commission, if any, during the previous calendar month. If the Affiliate’s Commission does not exceed 100 Euros, the Company shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds 100 Euros. Any commission amount shown before the 10th Working Day of the month is subject to change due to possible delays in obtaining and uploading data from our 3rd Party suppliers to the Technical Platform, therefore, only the Commission amount shown after the 10th Working Day of the month shall be deemed final. If an Affiliate disputes this final Commission amount, they shall have a period of 3 (three) months from the month the commission amount in dispute is due to provide evidence of any suspected error. Disputes over Commission amounts older the 6 (six) months will not be entered into.
- The Company reserves the right to reduce the Affiliate’s Commission/change the Reward Plan if:
- The Affiliate substantially reduces its efforts to promote the Company, except in markets where affiliate activity is restricted (e.g. Netherlands), and/or
- The existing Reward Plan results in a financial loss to the Company, and/or
- The Affiliate fails to generate a minimum of 5 New Depositing Customers per month over a period 3 months, and/or
- In the event of legal/regulatory changes to a market
- Any such changes will be communicated beforehand by email to the email address in the Affiliates’ account within the Platform.
- In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts that are identified as bonus abuse, suspended, closed for fraud, self- exclusion or for any other reasonable reason.
- The Affiliate shall, at any time, have secure access to the Platform unless the Company has a duly motivated reason – including but not limited to network and IT maintenance and/or security threats – to block such access.
- The Affiliate understands and accepts that the real-time data in the Affiliate Platform are merely approximate. 10 Working Days after the beginning of the following calendar month, a consolidated statement for the previous calendar month containing the aggregated and accurate data related to the Affiliate’s Commission will be available.
- The Affiliate understands and accepts that its access to the Platform is subject to the highest obligations of confidentiality. Any misuse of such access, whether intentional or not, shall be considered as a breach under the agreement.
- All payments to the Affiliate shall be made by a Payment Agent appointed by the Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. DLD Group N.V. remains exclusively responsible for the payment of any amounts due.
- Payments shall be made within 30 days upon receipt of the invoice for the month in which the Affiliate’s Commission was earned.
- All invoices should be sent via email to email@example.com with the Affiliate’s Affiliate Account Manager included in cc.
- When calculating the Commission based on the Net Revenue, if an Affiliate’s customers’ activities result in a negative balance for the Affiliate, due to the customer winnings and/or bonuses, etc., the said balance will not be carried over to the next month and any negative Commission balance will be set to zero at the beginning of each month, unless stated otherwise at the time of the Agreement.
- The Affiliate is responsible for ensuring the accuracy of the payment details in its account. Any payment(s) made via the payment details listed in the Affiliate Account will be considered as payment made by the Company. Any cost incurred by the Company resulting from incorrect payment details provided by the Affiliate will be deducted from the Commission due to the Affiliate in the next monthly payment cycle in which there is a payment due to the Affiliate.
- If for any reason the Affiliate has been overpaid, the Company reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of over-payment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in total.
- If for any reason the Affiliate has been underpaid, the Company reserves, without prejudice to any other rights, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar day.
- If there is a pending payment due to an Affiliate for a period of five years or more as a result of incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Affiliate has not responded to all reasonable contact attempts made by the Company, the payment will be cancell
- INTELLECTUAL PROPERTY
- Nothing in this Agreement shall constitute any license, assignment, transfer, or any other rights of any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions, and Confidential Information, etc. which arise in the result of entering into or for the purpose of this agreement.
- All Intellectual Property Rights created and/or deriving out of this Agreement, including, without limitation, banners, advertising material, the Database, and Personal Data, shall be or become the sole property of the Company, and the Affiliate shall have absolutely no rights therein.
- The Company grants the Affiliate a non-exclusive and worldwide right to display the Content on the Affiliate Site as set out in this Agreement and in accordance with the Company’s guidelines as may be provided to the Affiliate from time to All Intellectual Property Rights and any Goodwill arising from the Content and in all Products, associated systems and software relating to the services provided by the Company to its customers from time to time shall remain the property of the Company. The Affiliate shall not use the Content in any way that is detrimental to the Company or the reputation or Goodwill of the Company. The Affiliate shall not alter or modify, in any way, the Content without the Company’s prior written consent.
- The Affiliate agrees that its Site shall not resemble in any way the appearance and/or the general impression of the Company’s website(s), nor will the Affiliate create the impression that the Affiliate Site is the Company’s website(s), or any part thereof.
- Upon termination of the Agreement between the Parties, each Party shall return to the other Party all proprietary material or information and, as the case may be, destroy in a manner acceptable to the other Party all remaining copies of the same. Notwithstanding any disposition contrary to this Agreement, the Affiliate acknowledges that – upon such termination – it shall not keep a copy of the Content, the Database, Personal Data or Confidential Information, and may not exploit, directly or indirectly, Company proprietary information, materials or works.
- Each Party represents and warrants to the other that it has and will retain, throughout the Term, all rights, title, and authority to accept the terms of this Agreement. Each Party grants to the other Party all relevant means to perform the obligations mentioned under this agreement.
- Each Party to this Agreement represents, warrants, and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorizations, consents, and licenses necessary to fulfill its obligations and that it fully complies with, and shall continue fully to comply with, the conditions set out under article 3 and all applicable laws and regulations. The Affiliate further represents, warrant, and undertakes that it has not been and is not currently subject to any regulatory or legal action in any country in the world.
- The Affiliate represents, warrants and undertakes that the Affiliate Site shall not contain, or link to, any material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights (including but not limited to IP infringing websites).
- The Affiliate must not deliberately provide facilities for gambling in such a way as to appeal particularly to minors, for example by reflecting or being associated with youth culture.
The Company makes no representation that the operation of its website will be uninterrupted or error-free and the Company will not be liable for the consequences of any interruptions or errors.
The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders, and partners 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 Company resulting from any breach, non-performance or non- observance by the Affiliate of any of the obligations or warranties specified under this Agreement.
- TERM AND TERMINATION
- The terms of this Agreement apply from the date the Company notifies the Affiliate that its application has been successful in accordance with the introductory provisions of this Agreement and shall continue thereafter unless and until terminated according to this article
- The Company may terminate this Agreement immediately by written notice if:
- The Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
- The Affiliate becomes insolvent or is unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, an order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;
- The Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner or in case the Purchasing Company’s activities are either in conflict with the Company’s (for example the Affiliate Site is purchased by companies providing the same or similar services);
- The legal and/or regulatory situation in the market has changed or is in the process of changing to such an extent that the objectives of the Agreement can no longer be achieved and/or no longer correspond to the market reality;
- If the Affiliate does not generate any New Depositing Customers for a period of 6 months, except in markets where affiliate activity is restricted;
- If the Company suspects – and has reasonable proof – that the Affiliate is engaging in illegal activities or has repeatedly breached the provisions of this agreement.
- The Affiliate may terminate this Agreement:
- If it does not agree with the changes made to the Agreement and notified to them by the Company.
- If it does not agree with the changes made to the Reward Plan as a result of any breach mentioned higher in this agreement. However, the Affiliate’s continued participation in the Program will constitute binding acceptance to the changes mentioned above.
- Following termination of this Agreement, the Affiliate will only be entitled to receive the outstanding Commission due to the effective termination date of this Agreement. However, the Company may reasonably withhold the Affiliate’s final payment to ensure that the correct amount is paid. After such payment, the Affiliate will no longer be entitled to receive any other Commission.
- For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.
APPENDIX A – GENERAL ADVERTISING REQUIREMENTS
As a licensed operator in multiple jurisdictions, the Company together with its parent company DLD Group N.V. prides itself on being a leader in the areas of responsible gaming and corporate social responsibility.
As a member of the Yonipartners Affiliate Program (“Program”), advertising on behalf of the Company and representing its brands (“Brands”), the Company expects Affiliates to share these values and any advertising carried out on behalf of the Company must follow the regulations and rules issued by the relevant authorities.
For the avoidance of doubt, it is up to each Affiliate to ensure that it is compliant with all advertising requirements and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of the Affiliate account with the Program.
Appendices A outline how the Company’s Affiliates can promote its Brands effectively and lawfully.
Any inquiries regarding the Affiliate’s obligations under the Agreement, or under the relevant legal and/or regulatory requirements in the jurisdiction where the Affiliate is located should be referred to the Affiliate Account Manager.
Affiliates can only use Content provided by the Company and located in the Media Gallery via its Program. The Affiliate must not alter the appearance and design of the Content in any way.
Using Content to promote Brands that have not been provided by the Company may lead to the suspension and/or termination of the Affiliate account.
- CUSTOMER OFFERS
When promoting Customer Offers, particularly welcome offers, enhanced price offers, and free spins, Affiliates must be as clear as possible and must not mislead existing or future customers in any way. Affiliates must always make it clear that a promotion is a promotion.
The Company’s up-to-date list of welcome offers per Brand/market/country can be found at https://www.yonibet.com/welcome-offers/. Where possible, Affiliates must repeat the same phrase to describe the welcome offer to their users.
Affiliates acknowledge that the terms in the Content or any other promotion must not mislead the customer by omission, exaggeration, or by any other means. The Content or any other promotion by the Affiliates must include the following mandatory terms:
- Targeted players
Example: New players only / Existing players only / Selected players only
- Age restriction
The age restriction warning sign (+18) must always be displayed on all adverts, banners, and campaigns
- Deposit information
Example: No deposit required / Min deposit €xx etc
- Information about offer
Example: Bonus is 100% match on 1st deposit up to €xx etc
- Wagering requirements and bonus expiry
Example: 35x Wagering requirement / 3-day expiry etc
- Information about bet limitations
Example: Min bet €xx / Max bet €xx when playing with a bonus etc
- Game restrictions
Example: Free spins on Starburst / selected games only etc
Any Affiliate Site or social media page which publishes betting tips or hosts challenges/competitions encouraging others to do so:
- must make it clear that any subsequent betting activity is done at the customer’s own risk;
- must never imply that success is guaranteed;
- must provide tips in a responsible, fair and transparent manner;
- must not encourage individuals to re-invest winnings and;
- must not provide inaccurate or misleading information about betting tips and the success of them.
Affiliates must never falsify betting results or manipulate images to suggest that results were more favorable than they were. Any Affiliate that is found to have misrepresented betting results will have its Affiliate account terminated immediately.
- EMAIL MARKETING
Affiliates are not permitted to engage in any email marketing activities on behalf of the Company.
Any Affiliate found to be carrying out any email marketing activities will have its Affiliate account terminated.
- SOCIAL MEDIA
Any links posted by Affiliates on Facebook, Twitter, and any other relevant social media channels can only link to the Affiliate’s own website in the first instance, which in turn should contain compliant promotional text and then link to the relevant Brand.
Affiliates must not post any Affiliate links directly on their social media page(s). Any Affiliates found to have done so will have its Affiliates account suspended and/or terminated.
The aforementioned guidelines on Content and Customer Offers are also applicable to social media posts.
In addition, Facebook, Twitter, and other social media have their own guidelines and policies regarding the advertising of gambling products and the Affiliates must comply with such guidelines and policies. For example, if promoting gambling through a Twitter, Facebook, or any other social media handle, an 18+ statement (or 21+ in some jurisdictions) must be included in the Affiliate’s page bio and any relevant agreements/addendum’s between the Affiliate and the social media companies must be concluded and signed.
Some useful links to Facebook’s and Twitter’s advertising policies are included in section 15 of Appendix A.
- PAID SOCIAL ADVERTISING
Any paid social advertising conducted by an Affiliate should promote the Affiliate’s own site(s) and not the Brand site(s). It should not be possible for a customer to confuse an Affiliate’s advertising for that directly carried out by any of the Brands. If in any doubt, Affiliates should contact the Affiliate Account Manager before publishing any campaigns.
In addition, depending on the jurisdiction being targeted, the Affiliate may be required to sign an addendum to promote the Company’s Brands in this way. For more information, Affiliates should contact the relevant social network via the links provided in section 15 of Appendix A.
The Company does not wish for its Brands to feature in any advertorials.
Any Affiliate found to be running this sort of activity will have its Affiliate account terminated.
- MEDIA BUYING
Affiliates are not permitted to engage in any media buying promoting the Company’s Brands through advertising exchanges, programmatic networks, etc without prior written consent from their Affiliate Account Manager. We will require 100% visibility on this activity so that we can ensure our Brands are being promoted in a compliant manner, in line with specific Country regulations and restrictions.
- POP-UNDER CAMPAIGNS
Affiliates must not use framing techniques such as pop-up or pop-under windows to promote the Brands.
Any Affiliate found to be running this sort of activity will have its Affiliate account suspended and/or terminated.
- PAY-PER-CLICK CAMPAIGNS
Affiliates wishing to run Pay-Per-Click (PPC) campaigns:
- must link to the Affiliate Site and not the Brand site;
- must not bid on the Brand names or trademarks, or misspellings thereof;
- must not use the Brand names in display URLs or ad copy;
- must add the Brand keywords to the phrase match negative keywords list on their
Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.
- DOMAIN NAMES/URL’S
Affiliates must not register or purchase any domain names which are identical or similar to, or misspellings of, the Brand names or trademarks.
Any Affiliate who uses domain names in breach of this rule to send traffic to our Brands will have its Affiliate account terminated and further legal action may be taken against the Affiliate.
- MOBILE APPS
Any Affiliate wishing to release mobile apps into the Apple, Google Play, or other App stores must ensure that the App name does not include any Brand names or trademarks, or misspellings of Brand names. Any Affiliate found to have done so will be asked to remove the App immediately and may have its Affiliate account suspended and/or terminated.
The Company has decided not to engage in any SMS activity through a third party for the foreseeable future. Any Affiliate found to be running SMS activity will have its Affiliate account terminated immediately.
- LIVE STREAMING
The Company holds a Watch & Bet live streaming license. Affiliates are not permitted to advertise the service as a pure streaming service without a connected message relating to betting. For example, ‘Watch and Bet with Yonibet” (funded account required)’
Furthermore, Affiliates are not allowed to mention the word ‘Free’ in any of their advertisements relating to live-streaming.
Finally, Affiliates are not allowed to suggest Yonibet’s live streaming service is a substitute to coverage available on ‘TV’, a ‘Digital Game Pass’, or anything relating to live-streaming alternatives. eg “Don’t have BT subscription? Watch the Live stream on Yonibet TV instead” – would be unacceptable.
In summary, Affiliates:
- Must ALWAYS include the word bet (local language accepted) in every sentence when referring to watching or live-streaming; and
- Must NEVER include the words free, or anything relating to live-streaming alternatives
(Game Pass, broadcaster, and the like).
Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.
- USEFUL LINKS FOR AFFILIATES:
- Affiliates should be aware of and comply with EGBA standards which can be found HERE and with the Code for Responsible Advertising which can be found HERE.
- Social media policies links are referred to below: Facebook general advertising policies: https://www.facebook.com/policies/ads
- Facebook policy on Real money gambling: https://www.facebook.com/policies/ads/restricted_content/gambling
- Twitter general advertising policies:https://support.twitter.com/articles/20169693
- Twitter policy on advertising Gambling content: https://support.twitter.com/articles/20170426
These links are provided solely for informative purposes and should not be seen to be exhaustive. For the avoidance of doubt, it is up to the Affiliate to ensure that they are compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of the Affiliate account with the Program.
Source URL: http://www.yonipartners.com/terms-conditions