TERMS & CONDITIONS
VERSION 2. EFFECTIVE FROM 03.05.2019 AND LAST UPDATED 13.07.2021
By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus, or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement. We may periodically make modifications to this Agreement. While we will notify you of such changes, we recommend you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
- DEFINITIONS
- "Affiliate" means you, the person or entity who applies to participate in the Affiliate Program.
- “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by the Company.
- “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
- “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
- “Affiliate Links” means internet hyperlinks the Affiliate uses to link from the Affiliate Website(s) or any other third-party website to Company Websites.
- “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. The Affiliate is paid a commission for such services depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and the applicable product-specific Commission Structure.
- “Affiliate Wallet” means an online wallet in the name of the Affiliate into which the Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement;
- “Affiliate Website” means any website maintained, operated, or otherwise controlled by the Affiliate.
- “Company” shall mean 7BitPartners and any other company within our group, including our parent companies, their parent companies, and all of the subsidiaries of these respective companies.
- “Company Websites” means the website 7bitcasino.com, KatsuBet.com or other such websites (including mirror websites) as may be added to this Affiliate Program from time to time;
- “Commission” means the percentage of the Net Gaming Revenue or, where applicable, a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.
- “Commission Structures” means any specific reward structures expressly agreed upon between Company and the Affiliate.
- “Confidential Information” means any information of commercial or essential value relating to the Company, such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers, and users of Company Websites, marketing plans and manners of operation.
- “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or similar rights.
- “Net Gaming Revenue” or “NGR” means all monies received by Company from New Customers as placed bets, less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks. To avoid doubt, all Net Gaming Revenue amounts mentioned above are only related to New Customers referred to Company Websites by the Affiliate Website(s).
- “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at least the applicable minimum deposit at the Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites. This excludes the Affiliate, its employees, relatives, and friends.
- “Parties” means Company and the Affiliate (each a “Party”).
- “Personal Data” means any information relating to any person, whether individual or legal, that may be identified, directly or indirectly.
- AFFILIATE OBLIGATIONS
- Registering as an AffiliateTo become a member of our Affiliate Program, you must accept these terms and conditions by ticking the respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. We will, at our sole discretion, determine whether or not to accept an Affiliate Application, and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate Application has been successful. You will provide any documentation required by the Company to verify the Affiliate Application and the Affiliate Account information at any time during the term of the Affiliate Agreement. This documentation may include but is not limited to bank statements, individual or corporate identity papers, and proof of address. You are obligated to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is always kept up-to-date.
- Affiliate login detailsIt is your sole obligation and responsibility to ensure that login details for your Affiliate Account are kept confidential and secure at all times. Any unauthorized use of your Affiliate Account resulting from failing to guard your login information adequately shall be your sole responsibility. You remain solely responsible and liable for all activities occurring under your Affiliate Account user ID and password (whether or not such activity was undertaken by you). It is your obligation to inform us immediately if you suspect illegal or unauthorized use of your Affiliate Account.
- Affiliate Program ParticipationThe Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering, or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. Besides, you shall only open multiple Affiliate Accounts with our prior written consent. By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise, market, and promote the Company Websites in accordance with the Affiliate Agreement and Company’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Company’s best interest and will in no way harm the Company’s reputation or goodwill. You may link to the Company Website’s using the Affiliate Links or other such materials as we may occasionally approve. This is the only method by which you may advertise on our behalf.
- Affiliate WebsiteYou 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 always ensure that the Affiliate Website complies with all applicable laws and functions as a professional website, including General Data Protection Regulation (GDPR). You will not present the Affiliate Website in such a way that it may need to be clarified with the Company Websites or give the impression that it is owned or operated by Company. The Affiliate Website will not contain any defamatory, libelous, discriminatory, or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory, or pornographic materials or content that would be unlawful in the target country).
- Valid traffic and good faithYou will not generate traffic to Company Websites by registering as a New Customer, directly or indirectly (for example, by using associates, family members, or other third parties). Such behavior shall be deemed as fraud. You will also not attempt to benefit from traffic not generated in good faith. Suppose you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse, money laundering, fraud, or other abuse of remote gaming websites. In that case, you will immediately notify us of this. You hereby recognize that any New Customer found to be a bonus abuser, money launderer, or fraudster or who assists in any form of affiliate fraud (whether notified by you or later discovered by us) does not count as a valid New Customer under the Affiliate Agreement, and thereby no Commission shall be payable to such New Customers.
- Unsuitable websitesYou will not use any Affiliate Links or otherwise place any digital advertisements featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.
- Affiliate LinksThe Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website. You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. Masking your Affiliate Links (for example, hiding the traffic source sent to Company’s Websites) is also prohibited.
- Email and SMS marketingIf sending any emails or SMS communications to individuals which (i) include any of the Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Company Websites, you must first obtain our permission to send such emails. If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e., by SMS or email) and that such individuals have not opted out of receiving such communication. You must also clarify to the recipient that all marketing communications are sent from you, not our Company.
- Use of Company Intellectual Property Rights.Traffic based on the registration of any domain name, trademarks, or names that contain our brand names or are confusingly similar or consist of marks or marketing materials based on our brands is prohibited. Nor is it permitted to 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 marks or variations thereof with our brands.
- Approved creativeYou will not use any advertising layout or creative (including banners, images, logos) incorporating our Intellectual Property Rights unless the advertising layout or creative was provided to you by the Company or (if you create advertising layouts) without the advance written approval of the Company. You will not modify the appearance of any advertising provided to you or for which approval was granted. It is your responsibility to seek approval from the Company in time for the launch of any advertising campaign or creative, to ensure you have written approval from the Company to advertise and to be able to evidence such approval upon request.
- Loyalty ProgramsYou will not offer any cash-back / value-back or similar programs other than those offered on the Company Websites.
- Responsible GamingThe Company is committed to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
- Illegal activityYou will not target any territory or jurisdiction where gambling is illegal. You will always act within the relevant and/or applicable law and will not perform any illegal act to the Affiliate Program or otherwise.
- Data Protection and CookiesYou shall always comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations, or laws applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of ‘cookies.’
- Cost and expenseYou shall be solely responsible for all risks, costs, and expenses incurred by you in meeting your obligations under the Affiliate Agreement.
- Company monitoring of Affiliate activityYou will immediately give Company all such assistance as is required and provide us with all such information as is requested by the Company to monitor your activity under the Affiliate Program.
- Commissions paid incorrectlyThe Affiliate agrees to immediately, upon request by Company, return all Commissions received based on New Customers referred to the Company in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.
- AFFILIATE RIGHTS
- Right to direct New CustomersWe grant you the non-exclusive, non-assignable right, during the term of this Affiliate Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by persons or entities other than you.
- License to use Company Intellectual Property RightsWe grant to you a non-exclusive, non-transferable license, during the term of this Affiliate Agreement, to use the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by Company. This license cannot be sub-licensed, assigned, or otherwise transferred by you.
- Players’ Personal DataFor the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of the Company’s customers.
- COMPANY OBLIGATIONS
- We shall do our best to provide you with all materials and information required to implement the Affiliate Links.
- At our sole discretion, we will register any New Customers directed to the Company Websites by you and 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.
- We shall make available monitoring tools that enable you to monitor your Affiliate Account, the Commission level, and payment.
- We shall use and process the following personal data of an Affiliate or any Affiliate employee as follows: your username for logging in, your email address, name, date of birth, your country and address, telephone number, and financial data to ensure a high level of security, fulfill the AML legal requirements and for managing our business relationship.
- Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with Clause 6.
- COMPANY RIGHTS AND REMEDIES
- In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
- the right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may breach the Affiliate Agreement. During such a period of suspension, payment of Commissions will also be suspended;
- the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content, or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
- the right to withhold from the Commission monies which Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
- immediately terminate the Affiliate Agreement;
- the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Affiliate Agreement in accordance with clause Our rights and remedies detailed above shall not be mutually exclusive.
- COMMISSION AND PAYMENT
- Subject to your adherence to the provisions of the Affiliate Agreement, you will earn Commission in accordance with the Commission Structure. We retain the right to change the Commission percentage and method of calculation of the Commission in accordance with this clause.
- The Commission is calculated at the end of each month, and payments shall be made monthly in arrears by the 10th of the following calendar month.
- Payment of Commission will be made through our Affiliate Wallet. Due to existing regulations, Affiliates may be required for verification and “know your customer” documentation before a withdrawal can be accessed.
- The payment is made if the minimum threshold (0.02 BTC or €100) is reached. If the 5th day of the month is not a working day - the payment can be postponed to the next day. If there is less than 100€ on the account, the money will remain pending until you have collected enough for us to process the cashout.
- If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time. It will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
- At the Company’s sole discretion, the Affiliate may be provided with the opportunity to restructure its commission structure.
- The Affiliate’s acceptance of a Commission payment shall constitute the entire and final settlement of the balance due for the relevant period. If the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within fourteen (14) calendar days and state the reasons for the disagreement. Failure to notify the Company within this time limit shall be considered an irrevocable acknowledgment of the balance due for the relevant period.
- The Commission shall be deemed exclusive of value added or other applicable taxes. The Affiliate shall have the sole responsibility to pay any taxes, levies, charges, and any other money payable or due to any tax authority, department, or other competent entity as a result of the compensation generated under the Affiliate Agreement.
- If the Company has to verify the conformity of all the operations, the Company has a legitimate right to delay payments up to 60 days.
- To get a payment for a specified period, the partner must bring a minimum of 5 active accounts for the last three months. The Affiliate needs at least 3 depositing players (active) before their first commission is paid.
- All crypto revenue (ETH, LTC, etc.) will be converted to BTC, while all fiat revenue (USD, CAD, etc.) will be converted and paid in EUR.
- If we suspect the terms and conditions have been breached or the occurrence of fraud traffic, the payment request may be held over for investigation, and your account is frozen until we can validate that there has been no breach of these terms and conditions.
- Regarding affiliates with a CPA deal or hybrid (CPA + revenue share) deal with us, we will thoroughly check the traffic sent. We will not accept traffic that is incentivized or display such characteristics. If the traffic is deemed, we reserve the right to cancel such a deal and to withhold the CPA part earned by the affiliate. If your Revenue Share balance within the hybrid deal remains negative at the end of the month, It can affect the CPA commission.
- CPA/Hybrid models usually run with wagering requirements set at our own discretion from the agreed CPA rate or CPA part in the Hybrid deal. The minimum deposit is €10, and €20 for the player to claim the bonus.
- The Company has the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 6 (six) months.
- STANDARD COMMISSION STRUCTURES AND HIGH-ROLLER POLICY
- An Affiliate will earn Revenue Share Commission based on the following:
25% of NGR if monthly NGR is equal to or below 500 EUR;
30% of NGR if monthly NGR is between 500 EUR and 1,000 EUR;
35% of NGR if monthly NGR is between 1,000 EUR and 3,000 EUR;
40% of NGR if monthly NGR is between 3,000 EUR and 5,000 EUR;
45% of NGR if monthly NGR is more than 5,000 EUR. - High-Roller Policy
- In any given month, if a Customer generates a negative net revenue of at least 5,000 EUR, he/she will be deemed to be, for the purposes of this section, a “High-Roller.”
- If the aggregate Net Revenue for the Affiliate, in that month, for a Brand is negative 2,000 EUR or more excellent, then the High-Roller policy, as set out hereunder, will apply:
- The negative Net Revenue generated by the High-Roller will be carried forward and offset against future Net Revenue generated by that same High-Roller;
- The negative balance carried forward cannot be set off against other Customers’ Net Revenue;
- If there is more than one High-Roller, the negative balance carried forward will be split proportionally between them;
- The negative balance of a High-Roller will be reduced by future positive Net Revenue that they generate in subsequent months;
- A negative balance will only be increased by future negative Net Revenue if the High-Roller meets the qualifying criteria in subsequent months.
- An Affiliate will earn Revenue Share Commission based on the following:
- CONFIDENTIAL INFORMATION During the term of the Affiliate Agreement, you may occasionally be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program). You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for the purposes of the Affiliate Agreement. Your obligations regarding this clause survive the termination of this Agreement. In addition, you must only issue press release or similar communication to the public for your participation in the Affiliate Program with the Company's prior written consent (with the approval of the exact content to also be approved by the Company).
- TERM AND TERMINATION
- The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this case, the Agreement will be terminated 30 days after such notice is given. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. To avoid doubt, the Company may also terminate (per Clause 5 above) upon immediate notice at any time for the Affiliate's failure to meet their obligations under the Agreement or otherwise for the Affiliate’s negligence.
- Affiliate actions upon termination Upon termination, you must immediately remove all Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites. All rights and licenses given to you in the Affiliate Agreement shall immediately terminate. You will return the Company any confidential information and all copies of it in your possession and control and will cease all uses of all Company Intellectual Property Rights.
- Commission Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to the Company during the term shall not be payable to the Affiliate as from the date of termination.
- MISCELLANEOUS
- DisclaimerWe make no express or implied warranties or representations for the Affiliate Program about the Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality, or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences, if there are any. If there is a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.
- Indemnity and Limitation of Liability You shall indemnify and hold the Company, our directors, employees, and representatives harmless from and against any liabilities, losses, damages, and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or unauthorized use of our creatives and links or this Affiliate Program. The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
- Non-Waiver Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
- Relationship of Parties The Company and the Affiliate are independent contractors, and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement on your site, or otherwise that would contradict anything in this Affiliate Agreement.
- Force Majeure Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labor disputes, strikes, industrial disturbances, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented, provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days, then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
- Assignability You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
- Severability Suppose any provision of the Affiliate Agreement is held invalid, illegal, or unenforceable in any respect. In that case, such provision will be ineffective only to the extent of such invalidity or unenforceability, without invalidating the remainder of the Affiliate Agreement or any provision.
- English language The Affiliate Agreement was first drafted in English. Should there be any conflict or discrepancy between the English version and any other language, the English version shall prevail.
- Modification of Terms & Conditions We may modify any of the terms and conditions in the Affiliate Agreement or replace it at any time and at our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules. If any modification is unacceptable, you must terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or a new agreement will constitute binding acceptance of the modification or the new agreement.