Terms & Conditions
The Smart Partners Affiliate Network
For enrolment as an affiliate in the The Smart Partners Affiliate Network you will need to register as an affiliate by completing the application form. By filling in the application form you agree to be bound by all the terms and conditions set out in this agreement.
We reserve to right to refuse any application without reason. When we accept your application by way of email we agree to be bound by the terms of this agreement.
You may only use promotional material supplied by The Smart Partners Affiliate Network.
You may use your own promotional material provided that The Smart Partners Affiliate Network have given written approval to do so. You may not use spam to promote The Smart Partners Affiliate Network and/or any related merchants.
You may not discredit The Smart Partners Affiliate Network and/or any related merchants in anyway.
You may not promote The Smart Partners Affiliate Network and/or any related merchants on any illegal website or any website that promotes illegal activities in anyway.
You may not promote The Smart Partners Affiliate Network and/or any related merchants on any website that promotes or offers any type of adult or sexual matter. You shall not make any claims, representations, or warranties in connection with The Smart Partners Affiliate Network and/or any related merchants and you shall have no authority to and shall not bind us to any obligations.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes The Smart Partners Affiliate Network damage. Should fraudulent activity arise through a person directed to The Smart Partners Affiliate Network and/or any related merchants via your link, we retain the right to reclaim the commissions paid to you for this fraudulent activity, this will be limited to the amount paid to you for the fraudulent activity. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such fraudulent traffic has been caused with your knowledge.
The Smart Partners Affiliate Network will pay out a monthly revenue share on the commission-able earnings generated by each referral, based on the campaign the affiliate have selected. If at any time a campaign is added with revenue as the payment model, it will run on a net revenue share and the affiliates should read carefully about the rates and conditions before starting to promote a particular Merchant. The percentage paid on commission-able earnings will be as follows: Payout percentage Commission-able earnings are defined as net revenue that equals to gross gaming revenue minus marketing costs such as deposits, bonuses, free spins, free bets, free money, game tickets, charge backs ((transactions which are reversed by instruction from the card-holder’s bank) only to the value of the amount paid in earnings for the referral that made the charge back). All Revenue share commissions are governed by the commissions stated in every offer and will be paid out based on these commissions and calculated as mentioned above. In the event the commissions are changed, all affiliates will be given a month notice of any changes and all referrals after this date will be paid at the new percentage, however, all existing referrals will be paid at the percentage offered when they registered.
The Smart Partners Affiliate Network will pay your monthly revenue share earnings between 15th and 30th days of the following month providing they are above $50. Payments will be made to you by your choice of the following methods: PayPal, WebMoney (USD). Negative earnings are NOT carried forward and you will begin each month on a zero balance plus any earnings that were due under the payment threshold amount, unless otherwise specified by merchant as part of their offer and T&C’s. The Smart Partners Affiliate Network reserve the right to withhold payment from any Affiliate that violates any of the terms and conditions contained herein.
Cost Per Acquisition
The Smart Partners Affiliate Network will pay out an individually agreed amount for acquired customers if you choose and are accepted for the CPA Offers, the agreed amount will be confirmed in offer description. To qualify as a customer for CPA the referral must qualify with a certain criteria set in Offer conditions. Should the player process a charge back, the CPA amount will not be paid and will be reclaimed if already paid. The Smart Partners Affiliate Network reserves the right to move CPA Affiliates into our Revenue Share offer if it exists by giving the Affiliate 30 days notice. Should the Affiliate not agree with this, the Affiliate should stop promoting the offer or may terminate the Agreement. In case there is no alternative option the Affiliate should stop promoting the offer or may terminate the Agreement.
Any hybrid agreement is not covered by this agreement, but subject to the terms of the hybrid offer.
CPM & CPC campaigns will be governed by our reporting which is final in terms of calculating revenue generated in this manner. Affiliates are required to send relevant traffic to merchants and will be penalized for fraudulent clicks or impressions which will be recorded by our tracking system. Policies & Confidentiality Once a referral signs up to the merchant they become a customer of the merchant with you as the referrer if they are tracked to your link. The Smart Partners Affiliate Network and/or any related merchants reserve the right to refuse customers (or to close their accounts) if necessary to comply with any statutory or other requirements (including but not limited to fraud prevention, anti-money laundering) we may periodically establish.
During the term of this Agreement, you may be entrusted with confidential information and may not disclose any such information to a third party. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
Ownership and content of The Smart Partners Affiliate Network our respective properties, owned by The Smart Partners Ltd., and shall not be deemed to have been transferred to the Affiliate through any act or omission in respect of the Agreement.
The Smart Partners Affiliate Network partners with Merchants operating on a global marketplace and cannot be liable if you would breach your local laws. Ownership, content and liability for your sites are the sole responsibility of yourself. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your website. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your website. It is your responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
Presentation of our banners & content on your website is your responsibility.
You must ensure that our content is presented in accordance with this agreement.
You must ensure that any material posted on the site is legal and does not infringe copyright or violate any rights. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, however, any modifications will be deemed enforceable 14 days after notification to you by email at your registered email address. Any transactions made before the change of this agreement will be subject to the agreement in place before the change of this agreement. Should you not agree to these changes you may terminate the agreement at any time.
Governing Law & Jurisdiction
This Agreement is governed by the laws of the United Kingdom. Any action relating to this Agreement must be brought in the United Kingdom and you irrevocably consent to the jurisdiction of its courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement. Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise. Whenever possible, each provision of this Agreement shall 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.
Term & Termination
The term of this Agreement will begin when you signup and download a Merchant banner and link it to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Should The Smart Partners Affiliate Network terminate this agreement for any reason other than breach of this agreement or Merchants cancellation of a specific campaign The Smart Partners Affiliate Network will pay you the remaining affiliate commission earned upon termination. Should you choose to terminate the agreement you will be entitled to no more than any earnings outstanding at the time of termination.
Upon termination: You must remove the Merchants banner/s from your site and disable any links from your site to theirs and/or ours. All rights and licenses given to you in this Agreement shall immediately terminate. The Smart Partners Affiliate Network may withhold your final payment for a reasonable time (no longer than 3 calendar months), to ensure that the correct amount is paid or that you remove the Merchant’s banner/s from your site and disable any links from your site to theirs and/or ours. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination. You are entitled to receive a commission during the period of time you are a member of this Affiliate Network and a joined member of the respecting offer of our Merchant. You will return to us any Confidential Information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of the merchants. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you or The Smart Partners Affiliate Network from any liability arising from any breach of this Agreement, which occurred prior to termination.
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Unsuitable sites may include those that are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS Network AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT IN WITNESS WHEREOF, by having read, the terms and conditions, and acknowledging such in the Affiliate sign-up form you agree to all the terms and conditions contained herein.
Last Date of Amendment: 29 July 2010