TERMS AND CONDITIONS
15th August 2022
The below is an agreement between Geokul Services Limited, a company incorporated in Gibraltar, with registration number 120973 with its registered address at 6.20World Trade Centre, 6 Bayside Road Gibraltar, GX11 1AA (‘Geo’, ‘us’, ‘we’, ‘our’ the ‘Company’) and you (‘you’ or the ‘Affiliate’) which regulates the relationship between you and us (the “Affiliate Agreement”).
This Agreement includes all terms and conditions regarding your application and, if approved, subsequent participation in the Affiliate Programme. Please read the Affiliate Agreement carefully to ensure you understand your rights and obligations and the repercussions for you should you breach the Affiliate Agreement.
By registering for the Affiliate Programme, and / or by accessing and utilising 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 Programme, you have will be deemed to have read, understood and agreed to the Affiliate Agreement.
The terms and conditions have been amended as of 15th August 2022 and will apply to any unbilled amounts, for the avoidance of doubt, these amended terms and conditions will take effect from the first day of any unbilled calendar month (“Effective Date“) and by continuing with the Affiliate Programme past this date you agree to be bound by this Affiliate Agreement as from the Effective Date, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN IT IS YOUR RESPONSIBILITY TO TERMINATE IN ACCORDANCE WITH CLAUSE 11 BELOW. IF YOU DO NOT TERMINATE YOUR AFFILIATE AGREEMENT THEN THESE TERMS AND CONDITIONS WILL BE BINDING ON YOU.
1.1. “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Programme.
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 Programme and approved by Geo.
1.4. “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Programme
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 Our Websites. This includes banner advertisements, button links, text links, poker tools, and other appropriate links or advertising material to place on your Website which shall all relate to and/or link to Our Website.
1.6. “Affiliate Programme” means the collaboration between Geo and the Affiliate whereby the Affiliate will promote Our Websites and create the Affiliate Links from the Affiliate Website(s) to Our Websites and thereby be paid a commission as defined under the Affiliate Agreement depending on the traffic generated to the websites subject to the terms and conditions of the Affiliate Agreement and to the applicable product-specific Commission Structure.
1.7. “Affiliate Sign Up Form” means the form which you complete and submit to become an Affiliate;
1.8. “Affiliate Website(s), Your Website(s)” means any website on the world wide web which is maintained, operated or otherwise controlled by the Affiliate and referred to in the Affiliate Sign Up Form.
1.9. “Applicable data privacy laws” means all applicable data protection and privacy legislation may be amended, extended or re-enacted from time to time, including without limitation Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”);- the e-Privacy Directive (Directive 2002/58/EC) (“ePD”) as amended and as transposed into EU member state law or any legislation replacing the ePD; guidance and codes of practice issued by the relevant data protection authorities, and all other legislation and regulatory requirements in force from time to time which are legally binding on either party in relation to the processing of personal data under this Affiliate Agreement.
1.10. “Banners” means display banners taking the form of hyperlinks which appear on Website pages;
1.11. “Commission” means the percentage of the Net Revenue as set out in the Commission Structures for each particular product.
1.12. “Commission Structures” means the commission structures or any specific commission structure expressly agreed between Geo and the Affiliate.
1.13. “Confidential Information” means any information of commercial or essential value relating to Geo such as, but without limitation, financial reports and conditions, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of Geo’s Websites, technology, marketing plans and manners of operation.
1.14. “Intellectual Property Rights” means any and all patents, trademarks, service marks, rights in designs (including semi-conductor topography design rights and circuit layout rights), get-up, 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;
1.15. “Geokul Services Limited” means Geokul Services Limited, whose registered office is at 6.20World Trade Centre, 6 Bayside Road Gibraltar, GX11 1AA and who owns the Apostaquente brand. For the purpose of these Terms and Conditions, “Apostaquente” and “Geo” are deemed to be the same;
1.16. “Geo’s Websites, Our Websites” means the websites with domain names and/or device applications mbr.apostaquente.com, men.apostaquente.com.
1.17. “Net Revenue” means the following: (i.) in relation to sports betting, the figure resulting from the calculation of the betting revenues generated by New Customers received by us less the winnings, less any credits, bonus or promotional amounts given to New Customers, administration percentage fees, processing charges, chargebacks or any uncollectible revenue attributable to the New Customers. (ii.) in relation to poker, the sum total of all New Customers’ contributions to “rakes” and tournament fees while playing at Our Website, less any credits, bonus or promotional amounts given to New Customers, administration percentage fees, processing charges, chargebacks or any uncollectable revenue attributable to the New Customers. A New Customer’s contribution to a “rake” shall be determined for any hand where the New Customer was dealt cards by dividing the amount the New Customer contributed in the hand by the total bet in the hand and multiplying this by the total “rake” of the hand in question. For example, if the New Customer’s contribution to the hand is 5 units of currency and the total bet in the hand is 20 units of currency and the “rake” in the hand is 1 unit of currency then the Customer’s contribution to the “rake” shall be 5 divided by 20 multiplied by 1 which is 0.25 units of currency; and (iii.) in relation to casino and games, the sum total of all New Customers’ gross bets less pay-outs (as calculated by Our Website), less any credits, bonus or promotional amounts given to New Customers, administration percentage fees, processing charges, chargebacks or any uncollectible revenue attributable to the New Customers;
1.18. “New Customers” means individuals who: (i) have had no prior account with Our Website; (ii) we have no previous record of their personal email address or other details that we deem to show connection between accounts;(iii) access Our Website solely through clicking links to Our Website on Your Affiliate Website; and subsequently: (a) open an account with Our Website; and (b) make a deposit and game and/or place bets with Our Website, with both (a) and (b) occurring within thirty (30) days of accessing Our Website pursuant to (iii) in this definition. This further excludes the Affiliate, its employees, relatives and/or friends;
1.19. “Parties” means Geo and the Affiliate (each a “Party”).
1.20. “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.
1.21. “Tracking Code” means a code used to link New Customers to a specific affiliate account;
1.22. “Sub-Affiliate” means an affiliate introduced to Geo by an Affiliate, having no previous history of affiliation with Geo.
2.1. Registering as an Affiliate: It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Programme in the Affiliate Sign Up Form is correct and that such information is kept up to date at all times. To become a member of our Affiliate Programme you must accept these terms and conditions by ticking the box indicating your acceptance and completing and 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 your 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.
2.2. Verifying you as an Affiliate: After a successful Affiliate Application you will be required to provide documentation required by Geo to verify the Affiliate Application and / or to verify the Affiliate Account information provided to Geo 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. Additional verification checks may also be required. Geo may, at its sole discretion, conduct further verification checks at any time during the term of the Affiliate Agreement and require additional documentation from the Affiliate. In particular, upon request, you will provide – within thirty (30) days of receipt of such request – a copy of a valid identity document together with a proof of address (e.g. utility bill or bank statement) or, in case of a legal entity, a copy of the act of incorporation together with the memorandum & articles of association as well as any other document that may be considered necessary at Geo’s discretion. In the event the Affiliate fails to the request information or documents, in addition to the remedies set forth in these terms, Geo reserves the right – with respect to the relevant target country and until the requested information or documentation is fully provided – to not consider, during the intervening time, the customers directed to Our Websites as valid New Customers under the Affiliate Agreement and to temporarily withhold them from the Affiliate Account. In such case the Affiliate shall not be entitled to claim any potential commission that might have otherwise accrued in relation to the target country and the suspended New Customers during the intervening time.
2.3. Affiliate log in details: It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times. Any unauthorised use of your Affiliate Account resulting from your failure to adequately guard your log in information shall be your sole responsibility and you remain solely responsible and liable for all activity and conduct occurring under you Affiliate Account user ID and password whether such activity and / or conduct 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. As your log in details are confidential, we do not have visibility of this information and cannot provide you with such information in case of loss.
2.4. Affiliate Programme: The Affiliate Program is intended for your direct participation and is intended of professional website publishers. You shall not open affiliate accounts on behalf of other participants. Opening an Affiliate Account for a third party, brokering an Affiliate Account or the transfer of an Affiliate Account is not accepted by Geo. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting Us. Approval is solely at our discretion. You shall not open more than one Affiliate Account without our prior written consent. We will make available to you, banner advertisements, button links, text links, poker tools, and other appropriate links or advertising material to place on Your Website which shall all relate to and/or link to Our Website (collectively referred to hereinafter as a ”Link”), Such Links are provided to you on the basis of a non- exclusive, limited, non-transferable, ‘terminable on demand’ licence, which you may display on Your Website.
2.5. Approved Content: You will only use the Banners and any other marketing materials that have been provided by us and/or pre-approved by us (collectively the ”Marketing Materials”). You can only use the materials we provide to you. Also, it is your responsibility to use up to date materials and up to date information on your site. If we notice the usage of unauthorised materials, we will expect you to remove those materials in 72 hours after our warning to you. Any promotion of unauthorised bonus codes will result in revenues received with these bonus codes being deducted from your monthly commissions. We grant you a terminable, non-exclusive, non-transferable right to use the Marketing Materials we provide for the sole purpose of marketing to and referring potential New Customers to Our Website. We will also provide you, the guidelines, graphical artwork and permitted text to use in promotional materials.
2.6. 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 law and appears and functions as a professional website. You will not present the Affiliate Website in such a way so that the Affiliate Website may cause confusion with the Our Websites or so that it may give the impression that it is owned or operated by Us. The Affiliate Website will not contain any defamatory, libellous, discriminatory, obscene, unlawful (including that which the Affiliate does not have permission from any third-party rights owner to use, for example illegal streaming) or otherwise unsuitable content (including, but not limited to: sexually explicit material which is not in line with legal or acceptable standards, violent, obscene, derogatory or pornographic materials or content which would be illegal in target country). You will not use any material or in any way target persons who are under 18 (or older where you target a jurisdiction or territory where the minimum age to partake in gambling is greater than 18). Additionally, you will not market Our Website to any persons resident in the USA or refer potential members who are United States Citizens to our products.
2.7. Affiliate Links: The Affiliate Links shall be displayed at least as prominently as any other sales link on the Your Website and if you display or make accessible to visitors to the Affiliate Websites descriptive information regarding any vendors whose banners are displayed on the Affiliates Website you shall, subject to our prior written approval of the content thereof, include similar descriptive information regarding the applicable Geo Websites. You will only use Affiliate Links provided by Geo within the scope of the Affiliate Programme. Masking your Affiliate Links (for example hiding the source of the traffic sent to Geo’s Websites) is also prohibited. These Affiliate Links are provided to you on the basis of a non-exclusive, limited, non-transferable, ‘terminable on demand’ licence, which you may display on Your Website. You shall not commercialise the Links other than on Your Website, display data from the Links via any electronically accessible medium other than Your Website without our express written consent or use the Links in any way which proves or is likely to prove detrimental to us. You cannot open a social media account (Facebook, Twitter, Youtube etc.) on behalf of us and mislead people or claim that your website is our official partner site. If you are aiming to promote us through social media, you must get our written approval and you must report us your activities regularly.
2.8. Affiliate Traffic: You will not generate traffic to the Our Websites by registering as a New Customer whether directly or indirectly (for example by using associates, Immediate family members or other third parties). “Immediate family” for the purposes of this clause shall mean your spouse, parent, partner, child or sibling. Such behaviour shall be deemed as fraud. You will only redirect traffic to your own affiliate landing page. Any traffic to our websites, whether or not in connection with the Apostaquente brand, shall empower us, at our own discretion to block your Affiliate account as well as any incoming traffic with immediate effect, without any prior formality. We also reserve the right to suspend/ terminate this Agreement with immediate effect and to stop any payments of commission towards you. You will also not attempt to benefit from traffic not generated in good faith whether or not it actually causes us damage. Where you have any reasonable suspicion that any New Customer referred by you under the Affiliate Agreement is in any way associated to bonus abuse, money laundering, fraud, or other abuse of remote gaming sites, you will immediately notify us of the same. 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 constitute a valid New Customer under the Affiliate Agreement (and thereby no Commission shall be payable by Geo in relation to such New Customers).
2.9. Unsuitable websites: You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property Rights (or in any other way link to or drive traffic to any Geo Website via) on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include, but are not limited to, those 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 (including for the avoidance of doubt, any illegal streaming websites) or breach any relevant advertising regulations where Geo is licensed in or codes of practice in any territory or any jurisdiction where such Affiliate Links or digital advertisements may be featured.
2.10. Direct Marketing: Affiliate is an independent data controller solely responsible for its own actions toward its customers. Therefore, Affiliate will have to comply to all applicable data privacy laws toward its customers. If sending any direct marketing communications to individuals (including but not limited to email, SMS and/or push notifications) which (i) include any of Geo’s Intellectual Property Rights; or (ii) otherwise intend to promote Our Websites, you must first have permission to send such direct marketing communications from Geo. If such permission is granted by Geo you must then ensure you have obtained each and every recipient’s explicit consent to receive marketing communications and that such individuals have not opted out of receiving such communication. Marketing communications shall contain appropriate means for the recipient to unsubscribe from future marketing communications. You must also make it clear, so that no confusion is caused (in regard to the sender of such communication) to the recipient that all marketing communications are sent from you and are not from Geo. For the avoidance of doubt, should you wish to engage any third parties in connection with the provision of such direct marketing communications, you shall be responsible for ensuring such third parties comply with the requirements of this clause.
2.11. Use of Our IPR: Any use of Our 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. You will not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other search or referral service and which are identical or similar to any of the Geo’s trademarks or otherwise include the Our trademarks or variations thereof, or include metatag keywords on the Affiliate Website which are identical or similar to any of the Our trademarks. You will not register (or apply to register) any trademark or domain name or any similar trademark or domain name which is similar to any trademark, domain name or brand used by or registered in the name of any member of Geo, or any other name that could be understood to designate and represent Us or Our brands.
2.12. Compliance with laws: You have the obligation to be compliant with all relevant laws, regulations and codes during the full duration of our cooperation. This includes but not limited to GDPR, RG as well as advertising guidelines. Where applicable, Affiliate must obtain, maintain and comply with all licences you may require in order to fulfil your obligations depending on the local law and jurisdiction where you operate; you will carry out your activities as if you were bound by the same licence conditions and/or subject to the same codes of practice as Geo. You will not target any territory or jurisdictions where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. You will act legally and 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 Programme or otherwise.
2.13. Warranties: You warrant and undertake that:
(a) You have full authority and capacity and all necessary permits, consents and licences to enter into this Agreement and the Affiliate Sign Up Form;
(b) You will at all times conduct yourself with all due skill, care and diligence;
(c) You will comply with any security guidelines and requirements as may be issued by Apostaquente from time to time;
(d) All information you provide to us is correct and you will notify us immediately of any changes;
(e) You have obtained and will maintain in force all necessary registrations, authorisations, consents and licences to enable you to fulfil your obligations to us under this Agreement and you will comply with all applicable laws and regulations;
(f) Your Website will not contain any material which is defamatory, violent, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third party rights and shall not link to any such material;
(g) When informed via email, telephone, or fax of changes to the primary acquisition or any other customer bonus you will update all website content, banners and other promotional material to correctly represent the stated changes within 48 hours. Any New Customers referred to Our Website via a link or banner displaying incorrect bonus information after this period, to be determined in each case by us, acting reasonably, can be untagged from your affiliate Tracking Code and no commissions will be paid;
(h) you will not engage in any form of misleading/deceptive marketing.
2.14. General Exclusions: We require all Our Affiliates:
(a) to source our databases legitimately;
(b) to communicate with all data subjects lawfully;
(c) to comply with the privacy statement of Geo as set out on the website (www.Apostaquente.com);
(d) to ensure that content is not unlawful and/or that it will not expose any entity disseminating it to legal action. Affiliate marketing content must not contain or include text or images that may be reasonably considered to:
2.15. Excluded Countries: You must note that we do not accept players from Afghanistan, Albania, Algeria, Angola, Australia, Belgium, Cambodia, Democratic People’s Republic of Korea (DPRK), Ecuador, France, Guadeloupe, Guyana, Hong Kong, Indonesia, Israel, Iran, Iraq, Italy, Kuwait, Laos PDR, La Reunion, Martinique, Myanmar, Netherlands, Nicaragua, Norway, Pakistan, Panama, Papua New Guinea, Philippines, Saudi Arabia, Singapore, Spain, Sudan, Syria, Thailand, Uganda, UAE, USA, Yemen. You must NOT run any promotional activities for the citizens of these countries.
2.17. 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.
2.18. Monitoring of Your Affiliate activity: You will immediately give Us all such assistance as is required and provide us with all such information as is requested to monitor your activity under the Affiliate Programme and as we may require allowing us to comply with our reporting and other regulatory obligations.
2.19. Commissions paid to the Affiliate incorrectly: The Affiliate agrees to immediately upon request by Geo, return all Commissions received based on New Customers referred to Us in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions. Furthermore, we also have the right to deduct monies owed in the next pay out.
2.20. Notification of breach: You agree to notify us [in writing] as soon as practicable and in any event within [5 working days] of your becoming aware, of any breach of the Affiliate Agreement, including but not limited to breaches by you of any laws, regulations, licence conditions, codes of conduct, marketing restrictions or advertising rules which apply to you as a result of the Affiliate Agreement.
2.21. SEO Strategy: When employing a Search Engine Optimisation strategy for any search engine you shall adhere to the following obligations:
(a) You shall NOT bid on the brand of Apostaquente;
(b) You must NOT use the brand or brand name of Apostaquente in any of your URLs;
(c) You must NOT claim that you are Geokul Services Limited brands’ official site;
(d) You must NOT use the brand or the brand’s name of Apostaquente, or claim to be the official site of, in your meta information on any page of your site;
(e) You must NOT use the brand or brands name or misspelling or variation of the Apostaquente sites in your display URL. Geo has the right not to pay your commission in the event of noticing these sites. If we notice such action you must immediately transfer these domain names to Geo;
(f) You cannot index your affiliate Tracking Code to the search engines. It is your responsibility to monitor it.
(g) You MAY include ‘Apostaquente’ or brands name of Apostaquente in the sub folders of the display URL’s in your Search Engine Adverts e.g.www.affiliatesite.com/Apostaquente;
(h) You MAY NOT use meta refreshes to redirect traffic from your PPC advert;
(i) You MAY NOT copy and/or replicate any Apostaquente code or content on any other website;
(j) You must NOT modify or change the Tracking Code you are using for Geo brands;
(k) You must NOT open social media (Facebook, Twitter etc.) accounts on the Apostaquente brand names and you must NOT make announcements or run promotions through these accounts. In the event of noticing these accounts you must immediately transfer them to Geo’s usage;
(l) You must NOT use a similar design concept of Apostaquente brands on your web site.
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 Our Websites as we have agreed with you in strict accordance with the terms and conditions of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by or through persons or entities other than you.
3.2. Licence to use Our IPR: We grant You a non-exclusive, non-transferable licence, during the term of this Affiliate Agreement, to use the Our 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 Us. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Our Intellectual Property Rights is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of any of Our Intellectual Property Rights in any action or proceedings of whatever kind or nature, and shall not take any action that may prejudice our rights, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of Our Intellectual Property Rights by any third party.
3.3. Right to Data: For the purpose of the services to be delivered under this Affiliate Agreement, it is understood that as a general rule, Affiliate shall not have access to any Personal Data of Our customers, except in those circumstances where We are obliged to share Personal Data pursuant to a legal obligation. In such limited circumstances, We shall enter into a separate agreement as required by applicable data privacy laws.
4.1. Best endeavours: We shall use our best endeavours to supply you with all such materials and information required for the necessary implementation of the Affiliate Links.
4.2. Traffic: At our sole discretion, we may register any New Customers directed to the Our 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. Monitoring Tools: 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. Processing Affiliate personal data: As an independent data controller, We shall use and process the following personal data of an Affiliate or any Affiliate employee in accordance with applicable privacy law, as follows: your username for the purpose of logging in, your email address, full name, date of birth, your country and address, telephone number, information about revenue and target achiever, financial and other data necessary for legally required verifications and checks.
4.5. Furthermore, as already stated as a general rule we do not share Our Personal Data or that of Affiliate customers except for limited circumstances where a legal obligation is imposed on us, however, you may be required to share some information with Us (for example New Customer e-mail address) in exceptional situations where you have reasonable suspicion that New Customer referred by you under the Affiliate Agreement is in any way associated to money laundering, fraud, or other abuse of remote gaming sites. All these data will be used in the first place in order to conduct cooperation with you and for the performance of the Affiliate Agreement (to register your account, to report and follow your revenue and KPI, to make necessary payments to you) but also in order to fulfil our legal obligations coming from relevant laws such as AML and Gaming laws. Finally, we have to process Your data based on our legitimate interest to prevent violation and abuse of these Terms and Conditions, to ensure security, to manage our business relationship, and in the defence of legal or other claims. Please note that all these data are necessary so we can establish and conduct cooperation with you, and therefore if you refuse to provide the data we will not be able to cooperate with you. We have to keep your personal data for the duration of our cooperation and after the end of the cooperation as required per relevant laws and in order to establish, defend and/or exercise legal claims.
4.6. Please note that your data will only be shared among Our companies (including without limitation in order to grant and/or enforce the license to the Licensed IP and to process payments) and third parties (recipients) that help us maintain the relationship with you based on data processing agreements. The list of recipients with who we share your personal data includes providers of databases and technical systems to manage the relationship with affiliates, consultants, and other technical providers. Please note that we process your personal data within the EEA and that if engage third-party vendors or independent contractors outside the EEA we will only do that by applying appropriate safeguards as required by the GDPR, such as Standard Contractual Clauses. You can always get more information about recipients and safeguards for transfers of data by contacting our Data Protection Officer at DPO@geogaminggroup.com.
4.7. With respect to your personal data you have rights as mandated by the GDPR: right to get a copy of your data; right to correct data; right to delete data; right to object (for example, right to unsubscribe from marketing communications); right to ask for restriction of processing; right to transfer data; and right not to be subject to automated decision making including profiling without meaningful human intervention in accordance with requirements defined in the GDPR. If you have any questions or wish to exercise your rights you can send an email to our DPO at DPO@geogaminggroup.com.
4.8. You can always lodge a complaint on the processing of your personal data to the supervisory authority in the country of your habitual residence, place of work or place of alleged infringement, with the mention that our Lead Supervisory Authority is the Office of the Information and Data Protection Commissioner (IDPC) in Malta.
5.1. Remedies: In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement, or failure to in any way meet your obligations hereunder (including without limitation, those obligations referred to above), We shall have (at Our sole discretion) the following remedies available:
(i) the right to suspend (for up to 180 days) any Affiliate’s participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of the Commission will also be suspended;
(ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s obligations under the Affiliate Agreement;
(iii) the right to withhold and / or set off such monies as We deem reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any of Our liability which arises as a result of the Affiliate’s breach of the Affiliate Agreement or the Affiliate’s negligent performance hereunder;
(iv) immediately terminate the Affiliate Agreement without any liability whatsoever;
(v) 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.
5.2. Exclusivity: Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
6.1. Tracking: We will track the number of Customers you have brought to us on a month-by-month basis.
6.2. New Customer Calculations: Neither you nor your relatives are eligible to become Customers via your Links, and should you or they do so you will not be eligible to receive the relevant commission. Our measurements and calculations in relation to the number of Customers and the relevant Net Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal.
6.3. Process and Commission Structure: Once your Application has been approved, we shall pay you a set commission calculated as being a percentage of the Net Revenue (“Commission”), such Commission shall be payable in accordance with the terms of the Affiliate Sign Up Form. Commissions shall only be paid with respect to bets placed by Customers associated with your Affiliate Account. This does not include those Customers that were once associated with your Affiliate Account but have since been removed from your Affiliate Account pursuant to this Agreement. Such Commission is set as follows and differentiates between the two products eligible to apply: Casino & Sports
The above rates are the standard default commission rates. However, we may at our own discretion, agree in writing different rates on a case-by-case basis with each Affiliate.
6.4. The commission is fixed over the first period of 3 months, if there are no new FTDs (10 minimum in each product) during the following 3 months, the Commissions is reduced by 5 percentage points.
6.5. The Affiliate may, at our sole discretion, be provided with the opportunity to restructure its Commission structure. Examples of alternative Commission Structures could include a Hybrid model, Rev Share + Cost Per Acquisition (CPA). However, and for the avoidance of any doubt, only one type of Commission Structure for the same product may be applied at the same time. Therefore, once an Affiliate accepts our offer to apply a new Commission Structure, different to the standard Commission Structure detailed in the Affiliate Agreement, the Affiliate hereby agrees and understands that the new proposed Commission Structure shall replace the existing Commission Structure in its entirety. Notwithstanding the above, the Affiliate’s obligations assumed under the Affiliate Agreement will still continue to apply to the Affiliate even if a new Commission Structure is applicable.
6.6. Reports: We will track and report Customer activity for purposes of calculating your Affiliate Fees.
6.7. Affiliate Fees: All Affiliates shall be paid monthly, in arrears, provided they reach the minimum Commission levels. Any Affiliates who have not reached the minimum requirements, will have this amount carried forward until such time that their commission has reached the minimum. All fees will be paid within thirty (30) days following the end of the calendar month to which they relate. The minimum amount for commissions to be paid is €100, however, for wire transfers, this minimum is €500.
6.8. Negative Carryover: Where the total Net Revenue from your referred customers is negative for a given month, this negative balance will be carried over to the following month until the negative balance reaches zero, unless otherwise agreed between the parties in writing. Total Net Revenue will be calculated on a cumulative basis between all products resulting in the total Net Revenue derived from the sum of both positive and or negative Net Revenue from each product for any calendar month (or part thereof).
6.9. Cross Carryover Coverage: Where the total Net Revenue from your referred Customers is of a negative balance for one given product (ex: Sports) within one month, this negative balance will not be set-off against the balance of the other product (ex: Casino) should it carry a positive balance. This will allow the affiliates to earn a Commission if one of both products is positive.
6.10. However, should an affiliate generate USD 4.000 or more monthly negative Net Revenue on one of the products, this will be set-off against the Positive Net Revenue generated on the other product with any remaining positive balance if any, to be paid out as a Commission to the Affiliate.
Total Net Revenue will be calculated on a cumulative basis upon each product Commission scheme.
6.11. Method of Payment: All payments will be due and payable in Euros. Payment will be made by the method registered on sign up to the account.
6.12. Customer Verification: Affiliate Fees in relation to Customers will be dispatched only following our verification and checks concerning all Customers. We have the right to check all Commissions for possible fraud or abuse. If any fraud or abuse has been or, in our reasonable opinion, has allegedly occurred, we will freeze your Commissions until such time you can prove no fraud or abuse has occurred.
6.13. Amending the Commission Structure: At any time, for any reason, we have the right to amend the Commission Structure as we see fit and we will notify you of the same. We may withdraw a Commission option at any time by giving notice to you. You may request to change your Commission option no more than once every calendar month, which may be accepted or rejected by us at our absolute discretion.
6.14. Breach: If you in any way breach any of your obligations to us regarding the provision to us of Funded Sign-Ups, to be determined in each case by us, acting reasonably, then we shall be entitled to warn you that we are placing this Agreement under review with a review, or give notice of closure of your account.
6.15. Right to withhold: Geo reserves the right to permanently withhold any Commissions that are unable to be paid within 12 months of becoming due and payable due to a failure by you to provide correct bank account information.
6.16. Payment: Affiliate Commissions shall be payable for a period of 24 months from the date of first registration of each Customer. After 24 months the percentage of the Commission will be reduced to 0 (zero) for those players.
7.1. The following terms and conditions shall apply to you in respect of Sub-Affiliates. If you wish to introduce potential Sub-Affiliates to us, you should sign-up via the https://www.apostaquenteafiliados.com Potential Sub-Affiliates will be required to complete and submit an Affiliate Application. We will assess the Sub-Affiliate application and may accept or otherwise reject such Affiliate Application pertaining to potential Sub-Affiliates as it deems appropriate, in its sole discretion.
7.2. Upon our acceptance of a Sub-Affiliate to the Affiliate Program, each Sub-Affiliate will be required to accept the terms and conditions of the Affiliate Agreement, as set out herein.
7.3. Sub-Affiliates will receive Commission from us in accordance with the Affiliate Agreement. You shall be entitled to receive Commission from us based on the Commissions received by the Sub-Affiliates introduced by you to us (the “Sub-Affiliate Commission”). The Sub-Affiliate Commission due to you shall depend on the Commission Structure agreed between such Sub-Affiliate and us, regardless of the Commission Structure applicable to you. Sub-Affiliate Commissions are as specified https://www.apostaquenteafiliados.com
7.4. For the sake of clarity, nothing herein shall entitle you to receive any Commission for Sub-Affiliates introduced by a Sub-Affiliate to us.
7.5. None of the following is permissible and is strictly forbidden at all times: (a) introducing yourself, an employee or a relative as a Sub-Affiliate, or, where the person entering into this Affiliate Agreement is a legal entity, neither the directors, officers nor employees of such legal entity or the relatives of such individuals, or legal entities forming part of the same group of companies as the Affiliate entity. For the avoidance of doubt, you shall not be entitled to any Sub-Affiliate Commission if: (i) you are a legal person, and the relevant Sub-Affiliate is your director, an officer of the entity, employee or agent or in any case an entity within the same group of companies as you; or, (ii) you are a natural person, and the relevant Sub-Affiliate is your employee, agent or relative; (b) offering, making available to or providing a Sub-Affiliate (including a potential Sub-Affiliate) an incentive – whether financial or otherwise – to act as, or, become a Sub-Affiliate; (c) attempt to use the Sub-Affiliate structure in any manner whatsoever in bad faith against us.
7.6. If we determine, in our sole and absolute discretion, that you have done or attempted to do any of the aforesaid, we may immediately block your Affiliate Account/s, and/or retain any Commission and/or Sub-Affiliate Commission (as we may unilaterally decide) otherwise payable to you, and you will no longer be entitled, and, we will no longer be liable, to pay such Commission and/or Sub-Affiliate Commission to you.
8.1. 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 either (i) E-mailing you a change notice or (ii) by posting the new version of the Agreement on our Website. It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Programme rules. If any modification is unacceptable to you, your only recourse is to terminate the Affiliate Agreement. Your continued participation in our Affiliate Programme following our new agreement on Our Website will constitute binding acceptance of the modification or of the new agreement.
9.1. 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 Programme (including, for example, the Commissions earned by you under the Affiliate Programme). 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 purposes necessary to further the purposes of the Affiliate Agreement. Your obligations in regard to this clause survive the termination of the Affiliate Agreement. 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 Geo (with approval of the exact content to also be approved by Us).
10.1. No Warranties: We do not warrant that our system, network, software or hardware (or that provided to us by third parties) will be error-free or uninterrupted and we will not be liable to you for any direct or indirect consequences of the same. Save as expressly provided in the Agreement, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
10.2. Liability Limitations: Our obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of our owners. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Any liability arising under this Agreement for us will be limited to the amount paid in Commissions to you over the 6 months prior to your claim arising. Our liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).
10.3. Indemnification. You will defend, indemnify and hold us and our officers, directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, resulting from or arising from, your breach of this Agreement.
10.4. Mutual Exclusion: Nothing in this agreement shall exclude or limit liability for death or personal injury resulting from negligence of either party or their servants, agents or employees. Further, neither party shall be liable to the other for any indirect, consequential or special damages arising out of or in connection with the Agreement.
11.1. Term and Termination: This Agreement will take effect when we accept your Application and will continue unless and until terminated by either you or us in accordance with this agreement.
11.2. Notice: Without prejudice to any other provision, either Party may terminate this Agreement at any time, with or without cause, by giving the other Party 30 days’ written notice of termination, where such notice may be served via e-mail.
11.3. Other Causes: We may additionally terminate this Agreement immediately upon notice to you if:
(i) you in any way breach any of your obligations to us regarding the provision to us of Funded Sign-Up’s, to be determined in each case by Us, acting reasonably, or
(ii) you in any way breach any of your other obligations to us under this Agreement, to be determined in each case by us, acting reasonably, or
(iii) in our reasonable opinion you are in breach of the terms of any applicable advertising code of practice, or
(iv) you breach any other term of this Agreement which, in the case of a breach capable of remedy, to be determined by us, acting reasonably, has not been remedied within 48 hours of a notice from us specifying the breach and requiring its remedy.
(v) We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
11.4. Post Termination: Upon the termination of this Agreement for any reason, you will immediately remove from Your Website all Links and Marketing Materials and any marks, logos or other Intellectual Property Rights associated with Our Website. All Intellectual Property Rights in the Links and Marketing Materials belong to us.
11.5. Following the termination of this Agreement and, subject to the terms of this Agreement, our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further payments of commissions to you.
11.6. On termination of this Agreement, you shall deliver up to us all copies of any Confidential Information in your possession and destroy copies of all electronically held Confidential Information if so requested to do so by us.
12.1. Notices: All notices pertaining to this Agreement will be given by email as follows: email@example.com and, to you at the address provided on the Affiliate Sign Up Form.
12.2. Relationship of Parties: There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other nor to incur any obligation on the other’s behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
12.3. Non-Exclusivity: You understand that We may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you herein and that such Affiliates may be similar, and even competitive, to you.
12.4. Announcements: You shall not make any announcement about the existence of this Agreement or any relationship between us whatsoever without our prior written consent.
12.5. Assignment: This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent. We may assign this agreement to any other wholly owned subsidiary of Geokul Services Limited, to any website owned, operated or powered by a member of the Geokul Services Limited.
12.6. Governing Law: The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the laws of Malta and the parties submit to the exclusive jurisdiction of the Malta Courts.
12.7. Severability/Waiver: Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this 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 this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
12.8. Entire Agreement: This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and pre-empts any prior understandings or agreements between the parties, written or oral, which may be related to the subject matter hereof. The headings in this Agreement are for convenience only and will have no effect on the construction of this Agreement.
12.9. Third Party Rights: A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by submitting the Affiliate Sign Up Form.