I. Introductory provisions
AFFILMASTER ONLINE s.r.o., Company ID No: 179 72 582, with its registered office at Vojtěšská 211/6, Nové Město, 110 00 Praha 1, registered in the Commercial Register maintained by the Municipal Court in Prague, file No C 379517 (hereinafter the “Provider”) is an affiliate marketing company operating a network that provides online affiliate marketing for casinos, betting houses and lottery operators.
For this purpose, the Provider manages a catalogue of campaigns of individual business partners (hereinafter the “Advertisers”) with the necessary data on the promotion and remuneration methods and containing relevant Advertising Means for individual campaigns.
In the context of this cooperation, the Affiliate is a legal or natural person managing or operating on its own behalf one or more websites, one or more streaming channels, or operating other services or activities through which the Advertisers may be promoted and which is interested in promoting the online campaigns of individual Advertisers.
Capitalized terms used in the text of these Terms and Conditions shall have the following meanings:
- Terms and Conditions: General Terms and Conditions of AFFILMASTER ONLINE s.r.o. for cooperation with Affiliate Partners.
- Onboard Form: a core document on the basis of which the Affiliate expresses interest in joining the Affiliate network and participating in the promotion of individual Advertisers’ campaigns.
- Registration Form: a form for registration to the Provider’s Platform, on the basis of which the cooperation takes place after the Affiliate’s approval.
- Affiliate: a business partner of the Provider who, at its own choice, promotes the campaigns of individual Advertisers.
- Affiliate Website: a website operated by the Affiliate, a streaming channel or other service or activity that enables the promotion of Advertisers.
- Advertiser: operator of a casino, betting house or lottery in accordance with Act No 186/2016 Sb., on gambling and related regulations.
- Advertising Means: logos, banners, text links, etc.
- CRM: Provider’s database
- Platform: the PostAffiliatePro platform managed by the Provider, through which Affiliates engage in the promotion of individual Advertisers’ campaigns. The Platform can be accessed at go.affilmaster.com and the Affiliate is assigned a unique username and password to access the Platform.
- Catalogue: an overview of the ongoing campaigns of individual Advertisers containing a description of the specific requirements of the Advertiser and the remuneration methods.
- Player: a visitor to the Affiliate Website who registers to use the Advertisers’ services (e.g. internet betting) after coming via the Advertising Means located on the Affiliate Website.
- CPA: a one-time reward to the Affiliate for the registration of a Player or for the registration of a Player and a deposit made by the Player, or other performance according to the Advertiser’s specifications in the description of each campaign.
- Revenue Share: a recurring direct reward to the Affiliate for all losing games of specific attracted Players until their expiry date.
- Relevant Period: the period relevant for the calculation of the total amount of wins and losses and the determination of the Affiliate’s rewards. The decisive period is 1 calendar month.
- Player Expiry Period: the period of time specified by the Advertiser for which the Advertiser agrees to pay the Affiliate the reward for that Player’s losses; the Player Expiry Period is set out in the description of each campaign.
- NGR: The total amount lost by a Player after deduction of all statutory taxes and fees.
- Bonus: a sign-up bonus provided by the Advertiser to new Players, information about the existence of bonuses for new attracted Players is set out in the description of each campaign.
- Gambling Tax: the gambling tax rate as a percentage that Advertisers are required to pay in accordance with the applicable legal regulations for the relevant type of gambling.
- VAT: value added tax
- Personal Data: personal data of natural persons processed by the Provider for the purpose of cooperation, performance of obligations and communication between the Provider and the Affiliate.
- Data Subject: the natural person whose Personal Data are processed by the Provider.
- Advertising Regulation Act: Act No 40/1995 Sb., on the regulation of advertising and amending and supplementing Act No 468/1991 Sb., on the operation of radio and television broadcasting, as amended.
- Parties: The Provider and the Affiliate
- Skrill Wallet: online Skrill wallet
III. Conclusion of the Contract
- Cooperation between the Affiliate and the Operator is available to all Affiliates approved by the Provider on the basis of the Affiliate’s registration to the Platform.
- In order Affiliate to be registered, the Affiliate is obliged to register by filling in and submitting the Onboard Form available on the Provider’s website https://affilmaster.com/become-an-advertiser/ By submitting the application, the Affiliate declares that it has read and understood the rules of cooperation according to these Terms and Conditions.
- Within the Onboard Form, the Affiliate enters the following data:
- Company name / name and surname of the Affiliate
- Link to the Affiliate Website / description of the Advertiser promotion method
- Contact details (e-mail address, phone number)
- After completing the Onboard Form, the Affiliate is introduced to the Provider’s CRM system, then the Affiliate is sent a link (to the provided e-mail address) to fill in the Registration Form and get entered into the Provider’s Platform. As part of the registration, the Affiliate must provide the following information:
- Company name / name and surname of the Affiliate;
- The Affiliate’s Company ID No;
- Registered office/residence of the Affiliate;
- Link to the Affiliate Website / description of the Advertiser promotion method
- Contact details (e-mail address, phone number);
- The method of payment of rewards and related details (bank account number, Skrill wallet email address).
- Both the Onboard Form and the Registration Form must contain complete and true information.
- By completing the Registration Form, the Affiliate confirms that it has read these Terms and Conditions before completing said form, understands and agrees with their content and undertakes to comply with them unconditionally.
- After completing the Registration Form to be introduced to the Platform, the Provider will check the Affiliate and its method of promotion. The Provider has the right to accept or reject the Affiliate without giving any reason. The Affiliate will be informed by e-mail whether its participation in the cooperation has been confirmed. The Affiliate will then receive access data to the Platform and the Catalogue.
- Each Affiliate has the right to have only one account within the Platform.
IV. Subject-matter of the Agreement
- The scope of the contractual relationship between the Provider and the Affiliate is the placement of the Advertisement Means of individual Advertisers on the Affiliate Website, within the framework of the offered campaigns mediated by the Provider.
- Based on the data provided by the Advertisers, the Operator will track all transactions and activities of the Players attracted by the Affiliate through the Affiliate Website and create online statistical reports. These reports will be available to the Affiliate after logging into the Platform.
- Within the framework of cooperation, the Provider checks the functionality of links to individual campaigns, monitors their expiry date (if set) and informs the Affiliate via e-mail about new campaigns, changes, possible issues with the links, etc.
V. Promotion of individual campaigns
- After approval by the Provider, the Affiliate is provided with access to the Catalogue with current campaigns of individual Advertisers on the Platform. Based on the access data obtained, the Affiliate has the right to choose the Advertiser and the campaign it intends to promote from the Catalogue of campaigns at its own discretion. A detailed description is provided for each campaign, containing in particular the following information:
- Campaign promotion period;
- Locations – on which markets the current campaign is running;
- Type of reward to be paid out for attracted Players – CPA, Revenue share or a combination of both;
- Rewards Plan – more specifics regarding rewards – e.g. determining the performance of the Player for which the reward is due in the case of CPA rewards, progressive reward depending on the amount of Players attracted/the amount of the lost deposit in the case of Revenue share rewards, etc.;
- Player Expiry Period;
- Indication of entry bonuses;
- Requirements for promotion limitations.
- By placing one or more Advertisement Means on the Affiliate Website, the Affiliate shall allow users of its website to go directly to the Advertisers’ websites and become Players. By means of the assigned link codes, the Provider identifies the customers (Players) of individual Advertisers who come through the link placed on the Affiliate Website.
- For promoting the Advertiser, the Affiliate is entitled to a remuneration according to the Advertiser’s specification in the campaign description. The remuneration is paid through the Provider.
- The Affiliate acknowledges that the Advertiser is entitled to change the Advertising Means provided at any time.
- Any visit that did not come from the Affiliate’s proper advertising space (banner, text link, widget, etc.) and was probably redirected automatically will not be recognised as an attracted Player. Such actions may be considered a violation of the campaign’s terms of promotion and may result in the cooperation with the Affiliate being terminated.
VI. Calculation, settlement and payment of remuneration
- The Provider pays the Affiliate’s remuneration depending on the success in promoting specific Advertisers according to the type of reward and specification chosen by the Advertiser.
- The settlement for the Relevant Period is made on the first working day of the following month, based on the Advertiser’s report containing information on the total number of Players attracted by the Affiliate, their losses and wins. All information is provided by the Advertiser through the linking of its platform to the Platform. Information about the amount of remuneration for all Advertisers whose campaigns are promoted by the Affiliate will be sent to the Affiliate’s e-mail.
- The remuneration will be paid to the Affiliate on the basis of a tax document (invoice), which the Affiliate shall prepare after receiving the information specified in the previous paragraph and send it to the Provider’s following e-mail: firstname.lastname@example.org (for communication in English). The invoice shall be due 30 days after its proven dispatch to the Provider.
- The Provider shall send the Affiliate the total amount of the rewards as specified by the Affiliate during registration, to a bank account or Skrill wallet. The date of payment is the date the relevant amount is debited from the Provider’s account.
- The amount of remuneration to be paid does not include VAT.
- The amount of the reward is determined on the basis of the type of reward chosen by the Advertiser and its specification in the description of each campaign.
- In the case of CPA rewards, the Affiliate is paid a one-time reward to the Affiliate for the registration of a Player or for the registration of a Player and a deposit made by the Player, or other performance according to the Advertiser’s specifications in the description of each campaign.
- In the case of Revenue Share rewards, the Affiliate is paid a recurring direct reward from the NGR, i.e. from the amount lost after deduction of all statutory taxes and fees for all lost games of the specific attracted Players, until their expiry. Under the Revenue Share method, the Advertiser shall not pay any remuneration to the Affiliate for a Player if that Player wins in the Relevant Period, and the Affiliate shall not be obliged to make up any losses to the Advertiser on that Player. Negative balance does not carry over to the new month except for the Player’s bonus not being used in whole or not expiring in the Relevant Period. The Provider shall inform the Affiliate about the existence of the unused bonus (and thus the carry-over of the negative balance to the next period).
- The Affiliate acknowledges that cancelled bets, incorrectly entered betting events or other incorrect transactions will not be included in the settlement.
- The Affiliate acknowledges that if the Advertiser fails to pay the Provider a remuneration for a Player, the Provider is not obliged to pay the amount due from this remuneration to the Affiliate. The Provider shall inform the Affiliate without undue delay about any delay in payment of the fees by the Advertiser after it occurs. The aforementioned provision applies to the payment of rewards both during the cooperation and after its termination until the end of the Player’s Expiry Period.
- The method of remuneration, the existence of any progressive increase of rewards or payment of Bonuses for new Players by the Advertiser is communicated to the Affiliate in advance through the description of individual campaigns. By participating in a specific campaign of the Advertiser, the Affiliate unconditionally agrees to the set reward system.
- The Platform is denominated in EUR. Billing is settled in CZK, EUR, USD according to the Advertiser’s choice in the Form. In the case of a non-EUR payments, the Affiliate shall bear the cost of currency conversion to EUR and the risk of exchange rate fluctuations. Currency conversion will be made at the exchange rate on the day of payment.
- The Affiliate shall be solely responsible for the payment of all taxes, charges and other fee related to the receipt of the remuneration.
VII. Rights and Obligations of the Provider
- The Provider has the right, at its sole discretion, to disapprove the Affiliate and not allow the Affiliate to join the Platform or to exclude the Affiliate from using the Platform at any time and to terminate the contractual relationship with the Affiliate in accordance with the procedure set out in Article IX of the Terms and Conditions.
- The Provider shall keep the Advertiser’s campaigns up-to-date, monitor their expiry dates and regularly check the functionality of links to individual campaigns.
- The Operator shall regularly check the Affiliate and the way it promotes the Advertisers. In the event of a breach, the Provider shall proceed in accordance with Article IX(3) of the Terms and Conditions.
- The Provider shall keep track of Player profits, calculate rewards and provide regularly updated statistics to Affiliates via the Platform.
- The Provider shall pay the Affiliate the remuneration received from the Advertisers in accordance with Article VI.
- The Provider is obliged to provide the Partner with the necessary support related to the promotion of the individual Advertisers’ campaigns.
VIII. Rights and Obligations of the Affiliate
- Within the Platform, the Affiliate has the right to set whether and at what intervals the Provider shall send him a summary report of the results of the Players attracted by that Affiliate.
- The Affiliate shall be entitled to payment of remuneration for the Players attracted in accordance with Article VI of these Terms and Conditions.
- The Affiliate declares that all information provided by it to the Provider is true and complete. If any information changes, the Affiliate is obliged to update this information immediately.
- The Affiliate declares that it operates the Affiliate Website on its own behalf and has full right to dispose of this website or its content.
- The Affiliate shall bear all costs associated with the implementation of the Advertising Means on the Affiliate Website and the costs associated with displaying them.
- The Affiliate is solely responsible for the development, operation, maintenance and content of the Affiliate Website. The Affiliate is fully responsible for ensuring that the content of the Affiliate Website is not offensive, defamatory or illegal. The Affiliate is obliged not to actively target advertising at persons who have not reached the required age for participation in gambling.
- The Affiliate may have only one user account on the Platform. The Affiliate may use and manage multiple Affiliate Websites under a single user account.
- The Affiliate is not authorised to open accounts on behalf of other persons. The registration of a third party as an Affiliate, brokering, sharing or transferring a user account is prohibited.
- The Affiliate may not receive a reward for becoming a Player; it may also not receive a reward for a person who is related to the Affiliate in any way.
- The Affiliate is not entitled to present the Affiliate Website in such a way that it could be confused with the Advertisers’ websites or give the impression that it is operated by one of the Advertisers.
- The Affiliate acknowledges that the campaigns of specific Advertisers may be promoted by other Affiliates on the Provider’s Platform or by third parties on the basis of their separately concluded contractual relationships with the Advertisers.
- The Affiliate may not use any means to artificially increase impressions, clicks or to obtain cookies, including manual methods. The Affiliate may not insert any Advertisers’ pages into the iframe. The Affiliate may use data from XML feeds or APIs only to promote the Advertisers.
- The Affiliate may not promote the Advertisers through third party advertising systems or by purchasing advertising space on third party websites.
- The Affiliate may promote the Advertiser via e-mail only if this method of promotion is not prohibited by the Advertiser in the campaign description. The promotional email must then meet the following conditions:
- It must not be disseminated in contravention of the applicable law.
- The Affiliate must have the recipient’s consent to send marketing communications;
- It must not be spam;
- It must not contain false information or misleading statements;
- It must include the ability for the recipient to opt-out of receiving these messages in real time;
- The source, original IP address and original email address must be identifiable;
- It must not bundle certain software with other software, especially software that pursues a malicious intent, violates privacy rights, embeds icons or causes software to be downloaded/installed without the recipient’s consent;
- The sender’s signature and e-mail address must not contain the Advertiser’s name; the e-mail message must not contain any information that could cause confusion between the Affiliate and the Advertiser;
- It must contain information that it is not a communication from the Advertiser.
- The Affiliate undertakes not to disclose any confidential data made available to it by the Advertiser and/or the Provider to any third parties, except for the provision of information to authorised public authorities, only to the extent necessary. The Affiliate also undertakes to protect the confidential data made available by the Advertiser and/or the Provider against theft to the maximum extent possible.
IX. Validity and termination of cooperation
- The cooperation is concluded for an indefinite period of time and both Parties are entitled to terminate it at any time by giving notice via email without providing any reason. The termination is effective upon delivery to the other Party.
- The termination of the cooperation shall not affect those rights and obligations which, by their nature, are intended to survive the termination, in particular the following:
- Claims for damages caused by breach of the Terms and Conditions and/or breach of restrictions set by the Advertiser in the campaign description;
- The Affiliate’s right to payment of the remuneration until the end of the Expiry Period of each attracted Player (except for immediate termination of cooperation for breach of this Article);
- Provisions of the Terms and Conditions concerning the protection of Personal Data for the period of time when the Provider is obliged to keep the data.
- The Provider has the right to immediately terminate cooperation with the Affiliate without the possibility to revoke this if it is proven that the Affiliate uses links for any form of spam, if it promotes the Advertisers’ campaigns in a manner that is contrary to these Terms and Conditions, the terms and conditions set by the Advertiser or if it is in violation of applicable law, in particular the Advertising Regulation Act.
- The termination of cooperation in accordance with paragraph 3 of this Article applies to all campaigns of all Advertisers in whose promotion the Affiliate is involved, regardless of which campaign the violation occurred in relation to.
- In the event of immediate termination of cooperation in accordance with paragraph 3 of this Article, the Affiliate shall lose any right to payment of any remuneration. This applies to billed and unpaid Rewards and any Rewards that may accrue in the future (up to the end of the Player Expiry Period).
- Upon termination of the Agreement, the Partner is obliged to remove all Advertisers’ Advertising Means from its Affiliate Website.
- Upon termination of the cooperation, the Provider shall invalidate the Affiliate’s access to the Platform.
X. Warranties and consequences
- The Provider makes no express or implied warranties in relation to the calculation and payment of rewards.
- The Provider does not warrant that the operation of the Advertisers’ websites will be uninterrupted or error-free. The Provider is not responsible for any consequences of any interruptions or errors, should any occur.
- The Affiliate acknowledges that the Advertiser may reject a potential Player and terminate their registration at any time for any reason. The Provider is not responsible for the rejection of a Player by the Advertiser or for the cancellation of a Player’s registration.
XI. Damages and Limitation of Liability
- In the event of a breach of any obligation under the Agreement and/or these Terms of Conditions, the breaching Party shall indemnify the other Party against all damage causally related to such breach. Damage means both actual damage and loss of profit.
- The obligation to compensate for damage does not arise if the Party proves that it was temporarily or permanently prevented from fulfilling the obligation by an extraordinary unforeseeable and insurmountable obstacle arising independently of its will (force majeure). A Party shall be obliged to inform the other Party of the existence of force majeure without undue delay, but no later than 3 days after becoming aware of the occurrence of force majeure.
- In the event that a Party is in default of its obligations under the Terms and Conditions prior to the occurrence of the force majeure event, it may not be excused from its obligation to indemnify under the preceding paragraph.
- In the event that the Affiliate’s promotion is in violation of any legal regulations, the Affiliate shall indemnify the Provider or the Advertiser for all damage resulting therefrom, including damage consisting in possible sanctions against the Provider or the Advertiser by public authorities.
- The Affiliate acknowledges that the Provider is not the owner of the Advertisers’ website, the Platform, the CRM system used by the Advertiser, the payment gateways used by the Advertiser or the Skrill Wallet platform. The Provider shall not be liable for any defects in the functionality of these systems.
- The Affiliate acknowledges that the settlement of Rewards is based on the Advertiser’s report containing information on the total number of Players attracted, their losses and wins, with all information provided by the Advertiser via the link between its platform and the Platform. For this reason, the Provider is not responsible for the accuracy of these billing documents.
- The Affiliate acknowledges that there are certain risks associated with the use of online digital assets, products and websites, including, but not limited to, hardware, software and Internet connection failures. The Affiliate hereby acknowledges that the Provider shall not be liable for any communication failures, disruptions, errors, interruptions or delays that may occur in the use of its services, website, the Advertisers’ websites, the Platform or the CRM system.
- It is the sole responsibility of the Affiliate to keep the Platform login details confidential. The Provider shall not be liable for any misuse of the Affiliate’s login data.
XII. Intellectual Property Rights
- The Partner acknowledges that all Advertising Means are the intellectual property of the individual Advertisers and undertakes not to use any of these in any way other than as agreed, to modify or interfere with them in any way, or to provide them to third parties.
XIII. Protection of Personal Data
- The Affiliate acknowledges that, in connection with the commencement of the cooperation, the personal data of the Affiliate’s representatives or contact persons are transferred and processed for the purpose of contracting, performance of contractual obligations and communication.
- The Affiliate acknowledges that the Provider will process the following data provided in the Onboard Form:
- his or her personal data he or she is a natural person;
- if it is legal person, the personal data of its representatives/contact persons.
- The Provider will process personal data to the following extent:
- Address and identification personal data, such as academic title; first name, surname; date of birth; permanent address and, if applicable, delivery address; telephone number; e-mail; Company ID No and Tax ID No in the case of Affiliates – natural persons;
- Descriptive personal information such as bank account number, Skrill wallet email address, etc.
- When processing Personal Data, the Provider acts as its controller. The processing of Personal Data is carried out manually and automatically, without automated decision-making or profiling.
- The Provider processes Personal Data for the purpose of exercising the rights and obligations under these Terms and Conditions, where the legal basis for the processing of Personal Data is the proper performance of the contractual relationship and the legitimate interest of the Provider (assertion, exercise and enforcement of rights, especially in judicial/administrative proceedings).
- The Personal Data of the Data Subject are processed for the duration of the cooperation and subsequently until the end of the limitation period of any claims under the terminated contractual relationship.
- In addition to the Provider, the Personal Data may also be accessed by external processors authorised by the Provider, in particular IT service providers, accounting and tax service providers. All of the aforementioned entities are bound by confidentiality in relation to the Personal Data. All processors provide sufficient guarantees to implement appropriate technical and organisational measures to ensure an adequate level of security of the Personal Data. The Personal Data may also be accessed by insurance companies (e.g. in the event of an insurance claim), the Police of the Czech Republic and other public law entities in the exercise of their powers.
- The Personal Data will not be transferred to a third country (outside the EU) or to an international organisation.
- In connection with the processing of the Personal Data by the Provider, Data Subjects have in particular the right to object to processing carried out on the basis of the Provider’s legitimate interests. The Provider shall not further process the Personal Data unless it demonstrates compelling legitimate grounds for the processing that override the interests or rights and freedoms of the Data Subject or for the establishment, exercise or defence of legal claims, or unless it also has another legal title for processing the Personal Data.
- In addition, Data Subjects also have the following rights in relation to the processing of the Personal Data:
- the right of access to personal data;
- the right to rectification of personal data;
- the right to erasure of personal data;
- the right to restriction of processing;
- the right to portability of personal data.
- The aforementioned rights, including the right to object, may be exercised with the Provider at its e-mail address email@example.com (for communication in English) or at its registered office.
- If the Data Subjects believe that the processing of their Personal Data does not comply with data protection legislation, they may at any time contact the Office for Personal Data Protection (Úřad pro ochranu osobních údajů), with its seat at Pplk. Sochora 27, 170 00 Praha 7, phone 234 665 111, e-mail: firstname.lastname@example.org, which is the supervisory authority in the field of personal data protection.
- More detailed information about the Provider’s Personal Data processing policy is available on its website https://affilmaster.com/personal-data-protection/.
- The Affiliate, which is a legal person, is obliged to inform the affected natural persons – Data Subjects, whose Personal Data are processed on the basis of this Agreement, about the transfer of their Personal Data to the Provider and to provide them with the information contained in this Article of the Terms and Conditions.
XIV. Final provisions
- All communication shall take place via e-mail, at the Provider’s contact e-mail address email@example.com (for communication in English). The Affiliate is obliged to communicate via the email address provided in the Onboard Form and Registration Form.
- The Affiliate is not entitled to assign the Agreement or any claim arising therefrom without the prior written consent of the Provider.
- The Affiliate is not entitled to set off any claim against the Provider without the Provider’s prior written consent.
- All disputes or discrepancies arising out of or in connection with this cooperation shall be finally settled before the Arbitration court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by three arbitrators in accordance with its rules.
- The Provider reserves the right to make changes to the Terms and Conditions at any time and without prior notice. Any change to the Terms and Conditions shall be effective upon publication of the new version. Notice of the change in the Terms and Conditions shall be posted on the Platform.
- These Terms and Conditions shall come into force on 01/03/2023