Wishmaker Affiliate Program
The Affiliate Program for Wishmaker.com (the “Affiliate Program”) is provided by Dreamplex Limited, (hereinafter “the Company”), a Company incorporated under the laws of Malta with its office located at Level 3, (Suite no. 2035) Tower Business Center, Tower Street, Swatar, B’kara, BKR 4013 and bearing the Company registration number c82776.
By completing the Affiliate application to the Affiliate Program and clicking “I have read and agree to the Affiliate Terms and Conditions (the “Terms”)” within the registration form, you (hereinafter the “Affiliate”) hereby agree to participate in the Affiliate Program and abide by all the Terms and Conditions set out in this Agreement. The outlined commission structure in Article 20 of this Agreement shall be deemed to form an integral part thereof. Company reserves the right to amend, alter, delete or extend any provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the Terms set out in this Agreement.
You shall be obliged to continuously comply with the Terms of this Agreement, the general Terms and Conditions and Privacy Policies of the websites www.wishmaker.com (referred to as the “Company Website”), as well as with any other rules and/or guidelines brought forward from time to time. An agreement between the Company and the Affiliate shall be coming into effect on the date when the Affiliate application is approved by Company.
1.1 The Company is in the business of marketing, logistical and general support services in connection with remote gaming. The Company has entered into an agreement with MT SecureTrade Limited an online gaming company incorporated in Malta and licensed by Malta Gaming Authority and the UK Gambling Commission as well as with N.V. Secure Trade, an online gaming Company incorporated in Curaçao and licensed by the government of Curaçao to inter alia assume responsibility for the advertising, marketing and promotional aspects of the online gaming business carried out on Company Websites and as part of this function the Company is operating the Wishmaker Affiliate Program.
1.2 The Affiliate maintains and operates one or more websites on the internet (hereinafter collectively referred to as “Affiliate Website”), and/or refers potential customers to Company Websites through other channels.
1.3 This Agreement governs the Terms and Conditions which are related to the promotion of the Company Websites by the Affiliate, whereby the Affiliate will be paid a commission as defined in this Agreement depending on the traffic sent to the Company’s websites and as subject to the Terms in this Agreement.
1.4 The definition of the term “Net Revenue” can be found within Article 20 of the Terms. In case of an introduction of another product, or group of products in the future, Company and/or Dreamplex Limited reserves the right to use an individual definition of the term “Net Revenue” for each product.
Acceptance of an Affiliate:
2.1 The Company shall evaluate the Affiliate application form hereby submitted and shall inform the applicant in writing (email) whether the membership is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
3.1 The Affiliate hereby warrants that he/she:
a) is of legal age in the applicable jurisdiction in order to agree to and to enter into an agreement.
b) is competent and duly authorized to enter into binding agreements.
c) is the proprietor of all rights, licenses and permits to market, promote and advertise Company Websites in accordance with the provisions of this Agreement.
d) will comply with all applicable rules, laws and regulations in correlation with the promotion of Company Websites.
e) fully understands and accepts the Terms of the Agreement.
Responsibilities and Obligations of the Company:
4.1 The Company shall provide the Affiliate with all required information and marketing material for the implementation of the tracking link.
4.2 The Company shall administrate the turnover generated via the tracking links, record the net revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
4.3 The Company shall pay the Affiliate the amount due depending on the traffic generated subject to the Terms of this Agreement.
Responsibilities and Obligations of the Affiliate:
5.1 The Affiliate hereby warrants:
a) to use its best efforts to actively and effectively advertise, market and promote Company Websites as widely as possible in order to maximize the benefit to the parties and to abide by the guidelines of the Company as they may be brought forward from time to time and/or as being published online.
b) to market and refer potential players to Company Websites at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and must be in accordance with this Agreement.
c) to use only a tracking link provided within the scope of the Affiliate Program, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting. Also, not to change or modify in any way any link or marketing material without prior written authorization from the Company.
d) to be responsible for the development, the operation, and the maintenance of its website as well as for all material appearing on its website.
5.2 The Affiliate hereby warrants:
a) that it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
b) that it will not actively target any person who is under the legal age for gambling.
c) that it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.
d) that it will not generate traffic to the Company Websites by illegal or fraudulent activity, particularly but not limited to by:
i. sending spam.
ii. incorrect meta tags.
iii. registering as a player or making deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud and give the Company right to terminate the Agreement with immediate effect, to close any related Affiliate accounts and to retain any earnings of an Affiliate who is found to violate this point.
e) that it will not present Affiliate Website in any way that might evoke any risk of confusion with Dreamplex Limited and/or the Company Websites and/or the Company and/or convey the impression that the Affiliate Website is partly or fully originated from Dreamplex Limited and/or the Company.
f) with exception of the marketing materials as may be forwarded by the Company and/or made available online through the website https://wishmaker.partners the Affiliate may not use “dreamplex”, “wishmaker.com” or other terms, trademarks and other intellectual property rights that are vested in the Company or Dreamplex Limited unless the Company or Dreamplex Limited consents to such use in writing.
g) that it will not purchase, attempt to register, or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s websites and trademarks, trade names or otherwise include the word “wishmaker” or variations thereof.
h) that it will not use any of the Company Websites’ trademarks, trade names or otherwise include the word “wishmaker” or variations that are confusingly similar, in affiliate urls. Brand names may not be used in a derivative url or subdomain.
i) that it will only generate traffic to the Company Website through seo and ppc activities. Traffic originating from email, sms, native or any other direct marketing is not allowed unless this has been approved beforehand in writing by the Wishmaker Partners Affiliate Team.
j) that it will not use any of the Wishmaker characters for marketing purposes.
k) it will make sure that all marketing is clear, correctly advertised and mention that T&C’s Apply. An 18+ message symbol together with a link to begambleaware.org or a local version will be included when promoting Wishmaker.com. When promoting a Wishmaker bonus it must include any wagering requirements, maximum bonus amount available, the minimum deposit needed to activate the bonus, any withdrawal limits attached to the bonus and to include “new customers only” if it’s a welcome bonus that is being marketed. Full promotional Terms and Conditions need to be available one click away.
l) it will not give the impression that gambling can be a source of income or a way to pay off debts.
m) in cases where it targets the UK market, all sources that will be used towards this purpose needs to get approved in writing from the Wishmaker Partners Affiliate Team beforehand. It will also inform Wishmaker Partners about any changes made to earlier approved content, images and sources. It will use separate Affiliate accounts towards the UK market.
n) if it induces damages in form of fines or penalties for the Company. Then it will be held responsible for these damages.
o) failure to follow these Terms and Conditions will grant the Wishmaker Partners team the right to immediately terminate this Agreement.
6.1 The Company agrees to pay the Affiliate a commission based on the Net Revenue generated from new customers referred by the Affiliate’s website and/or other channel. New customers are those customers of the Company who do not yet have and have not had a betting account with any Company Website and who access the Affiliate Website via the tracking link and who properly register and make real money transfers at least equivalent to the minimum deposit into their wishmaker.com account. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.
6.2 The commission shall be a percentage of the Net Revenue in accordance with what is set out in the commission structures for the particular product. The calculation is product specific and it is set out in every product-specific commission structure.
6.3 The commission is calculated at the end of each month and payments shall be performed by the fifteenth day of each calendar month, provided that the amount due exceeds €100 for Bank Wire transfers and €100 for Skrill and Neteller (minimum threshold). If the balance due is less than the minimum threshold, it shall be carried over to the following month and shall be payable when the accrued balance exceeds the minimum threshold.
6.4 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the Affiliate account. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
6.5 Acceptance of payment by the Affiliate shall be deemed to be full and the final settlement of the balance due for the period indicated.
6.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company to email@example.com and indicate the reasons of such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
6.7 The Company may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the Terms.
6.8 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms.
6.9 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
6.10 For the sake of clarity the parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out.
6.11 At the sole discretion of the Company the Affiliate may be given the opportunity to restructure its commission structure. Examples of alternative revenue sources could include a cost per acquisition (CPA) model. Once an Affiliate opts to accept the Company’s offer for a different revenue structure to the standard commission structure outlined in article 20, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present agreement will still continue to apply to the Affiliate up until the termination of this Agreement and thereafter in accordance with the Terms and Conditions contained in this Agreement.
6.12 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.
7.1 This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
7.2 The contracting parties hereby agree that upon the termination of this Agreement:
a) the Affiliate must remove all references to Dreamplex Limited and/or its brands (including brands of its subsidiary companies) and/or the Company Websites from the Affiliate’s websites and/or other marketing channel and communications, irrespectively of whether the communications are commercial or non-commercial.
b) all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
c) the Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
d) if this Agreement is terminated by the Company on the basis of the Affiliate’s breach of terms or applicable laws, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Company due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Company to the Affiliate.
e) the Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.
f) the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.
8.1 The Affiliate expressly acknowledges and agrees that the use of the internet is at its risk and that this Affiliate Program is provided “as is” and “as available” without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
8.2 The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Company Websites or the Affiliate Program.
9.1 The Affiliate agrees to defend, indemnify and hold the Company and its Affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
a) any breach of the Affiliate’s representations, warranties or covenants under this Agreement.
b) the Affiliate’s use (or misuse) of the marketing materials.
c) all conduct and activities occurring under the Affiliate’s user id and password.
d) any defamatory, libelous or illegal material contained within the Affiliate’s website or as part of the Affiliate’s information and data.
e) any claim or contention that the Affiliate’s website or the Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity.
f) third party access or use of the Affiliate’s website or to the Affiliate’s information and data.
g) any claim related to the Affiliate Website.
h) any violation of this Agreement.
9.2 The Company reserves the right to participate, at its own expense in the defense of any matter.
10.1 The Company and/or Dreamplex Limited may refuse any player or close a player’s account if it is necessary to comply with the Company’s and/or Dreamplex Limited’s policy and/or protect the interest of the Company.
10.2 The Company may refuse any applicant and/or may close any Affiliate’s account if it is necessary to comply with the Company’s policy and/or protect the interest of the Company. If the Affiliate is in breach of this Agreement or the Company’s terms or other rules, policies and guidelines of the Company, the Company may besides closing the Affiliate’s account take any other steps at law to protect its interest.
Governing Law & Jurisdictions:
11.1 This Agreement shall be governed and construed in accordance with the laws of Malta and any action or dispute relating to this Agreement must be brought in Malta and the Affiliate irrevocably consents to the jurisdiction of the Maltese law courts.
12.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of the Company. In the event that the Affiliate acquires or otherwise obtains control of another Affiliate of Dreamplex Limited, then accounts will coexist on individual terms.
12.2 The Company may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
13.1 The Company’s failure to enforce the Affiliate’s adherence to the Terms outlined in this Agreement shall not constitute a waiver of the right of the Company to enforce said terms at any time.
14.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of god, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.
Relationship of the Parties:
15.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
Severability / Waiver:
16.1 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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
17.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of the Company this provision shall survive the termination of this Agreement.
17.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
Changes to this Agreement:
18.1 The Company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the Terms set out in this Agreement. Any such changes will be published on wishmaker.partners.
18.2 In case of any discrepancy between the meanings of any translated versions of this Agreement, the english language version shall prevail.
19.1 Nothing contained in this Agreement will grant the Affiliate any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the Company or Dreamplex Limited. At no time during or after the term will Affiliate attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of Company or Dreamplex Limited (including its group companies). Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to Company or Dreamplex Limited (including its group companies).
Commissions are paid out as a percentage of the Net Revenue.
For Affiliates which signed up after the 1st November 2018, the Net Revenue (applying to all products) is defined as:
Bets – Wins – Admin Fee* – Paid Bonuses** – Transaction Costs & Chargebacks – Applicable Gambling Taxes***
The Net Revenue share percentage is determined by the amount of new depositing customers referred by the Affiliate within the month the commission is paid for.
Number of new depositing customers – Affiliate share
• 0-5 -25%
• 5-10 -30%
• 10-20 -35%
• 20-40 -40%
• 40+ -45%
The amount of commission earned when reaching a tier will apply to all customers, also those referred to reach that tier.
* The admin fee is a value which contains the license fee, game provider fee and platform fee.
** Bonuses in this case means paid bonuses to the customer, not granted bonuses. The difference is that a paid bonus is a type of bonus money where the customer has actually reached the wagering requirement and/or has received the funds on his/her real money wallet.
*** The gambling tax is monies paid in the form of betting duties or taxes payable by the operator to the authorities, not including corporate income tax or equivalent. The gambling tax does solely apply to revenues being generated from within the relevant jurisdictions and will be charged at the given rate of taxation of the respective gambling authorities.
20.1 In the event of a qualified player win money and the revenue share in a particular month becomes negative, a negative balance will not be carried forward into the following month or into successive months, and there shall be no deductions to such successive months revenue share (exception: individual players who win more than EUR 5000 in a single month are excluded from the ”no negative carry over” rule. Such players are isolated until they become ‘positive’ players again.).
Annex A – General Conditions
The Affiliate shall not publish, through any medium whatsoever, advertising, or publish content related to the Company on sites/pages/media which displays content, that:
- encourages anyone to contravene gaming laws;
- is not socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited;
- portrays, condones or encourages gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
- exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young persons and/or other vulnerable persons;
- shows people aged below eighteen years gambling;
- encourages, targets or is otherwise directed at those aged below eighteen years through the selection of particular media or the context in which such appears. For the sake of clarity, the Affiliate understands and accepts that no content on its website (or in any other promotional material which may be used to promote the Company Website/s) shall feature cartoon characters, animals and fairy tale themes or any other content generally that has particular appeal to children or persons below the age of eighteen.
- be likely to be of particular appeal to children or young persons (under 18s), especially by reflecting or being associated with youth culture;
- is false or untruthful, particularly about the chances of winning or the expected return to a player;
- suggests that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security;
- suggests that skill can influence games that are purely games of chance;
- promotes smoking and/or the abuse of the consumption of alcohol while gambling;
- suggests that gambling can provide an escape from personal, professional or educational problems such as loneliness and depression;
- portrays gambling as indispensable or as taking priority in life over, for example, family, friends or professional/educational commitments;
- contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success;
- link gambling to seduction, sexual success or enhanced attractiveness, or otherwise generally exceeds the limits of decency;
- tarnishes the goodwill and privilege that is associated or related, in any manner, with holding a gaming licence or otherwise tarnishes the image or reputation of another licencee.
In addition to the above, the Affiliate shall not:
- conduct a promotion that commits people to gamble for a minimum period of time to qualify for a player reward scheme; or
- conduct a promotion that commits people to gamble a minimum amount of money to qualify for a player reward scheme
- conduct a promotion which encourages people to participate in any way under undue time constraints or which may be regarded as overly pressuring, for example by using wording and/or phrases such as ‘Bet Now’.
The Affiliate must ensure that any promotional material indicates or provides a link to the rules, procedures and conditions of the particular promotion. The full conditions must not be further than 1 click away.
The Affiliate accepts and understands that the above-mentioned rules are not exhaustive and it shall further abide with all other relevant advertising and/or marketing rules issued by the competent authority/ies of the country in which the Affiliate intends to advertise, market and promote the Company Websites, if any and those issued by the competent authorities in which the Company is licensed to operate (refer to Annex B and the restrictions on targeting Dutch residents by way of example).
In the event that any competent authority requires operators to ensure that no marketing material is sent to persons that are subscribed to a national self-exclusion register, the Affiliate undertakes to take the steps necessary to integrate or cross check its marketing distribution list against the national self-exclusion database and ensure that no person found on the national self-exclusion list ever receives any marketing material.
Annex B – UK Specific Conditions
The restrictions included within this Annex B are over and above those contained in Annex A. For the purposes of clarification, any marketing or promotion carried out which may be targeted at users/visitors residing within Great Britain should comply with the requirements of both Annex A and this Annex B.
The Affiliate expressly undertakes not to utilize direct marketing to any potential or existing customers whatsoever within Great Britain. For the sake of clarity, it is expressly stated that the term “direct marketing” refers specifically to marketing via email and/or sms.
Further, it is understood that permission marketing shall not allowed in Great Britan and the Affiliate shall therefore refrain from using this medium to promote the Company Websites.
The Affiliate shall not publish, through any medium whatsoever, advertising, or publish content which displays content, that:
- suggest that gambling can enhance personal qualities, for example, that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration;
- uses terms such as ‘free spins’, ‘free cash’ or ‘free’ in general if there are wagering requirements that apply or if a customer was required to make a deposit;
- suggest peer pressure to gamble nor disparage abstention;
- portray gambling in a context of toughness or link it to resilience or recklessness;
- suggest gambling is a rite of passage;
- suggest that solitary gambling is preferable to social gambling;
- includes a child, young person or anyone who is, or seems to be, under twenty-five years of age. No-one may behave in an adolescent, juvenile or loutish way;
- exploits cultural beliefs or traditions about gambling or luck;
- condone or encourage criminal or anti-social behaviour;
- condone or feature gambling in a work environment
The Affiliates shall only promote those games which are listed by the Company as not being appealing to children. By way of example, the Affiliate cannot promote or display the Company’s logos or trademarks generally in combination with or on same pages which include, games which may be appealing to under 18s (such as Jurassic Park, Jack and the Bean Stalk etc.) This list shall be made available to the Affiliate on demand. (The Company reserve the right to add or remove any games from the list immediately and without notice and entirely at the discretion of the Company. The Company shall not be held liable in the event that it exercises its right to remove any games from the list.)
In the event that, at any time the Affiliate is given discretion to provide the content of a promotion or to describe a promotion, the promotion must be fair and transparent and must necessarily include all the relevant Significant Conditions applicable thereto. For the purposes of this Annex B, the term “Significant Conditions” shall include, but not be limited to, conditions such as:
- Eligibility Restrictions
- Existence of any minimum or maximum deposits to receive the bonus
- Any maximum bonus amount that can be received (such as 100% deposit bonus up to £100)
- Existence of Wagering Requirement
- Time Restrictions
- Expiry Dates
- Any other method of play required or other restrictions that would potentially lead to the forfeiting of the bonus
- Details of Restricted Odds
- Details of Games which must be played
- Existence of a Max Bet
- Age restrictions
The above requirements apply in all cases and it shall not be an excuse that the promotion was limited by time and space (except as otherwise approved by the Company)
The Affiliate accepts and understands that the above-mentioned rules are not exhaustive and it shall further abide with all other relevant advertising and/or marketing rules issued by the Gambling Commission, the Competition and Markets Authority, the Advertising Standards Authority and the Information Commissioner’s Office in the UK and any other competent authority that may have jurisdiction over the Company or the Affiliate from time to time.
Annex C – Sweden Specific Conditions
The restrictions included within this Annex C are over and above those contained in Annex A. For the purposes of clarification, any marketing or promotion carried out which may be targeted at users/visitors present in Sweden, should comply with the requirements of both Annex A and this Annex C.
The Affiliate expressly undertakes to clearly identify the operator on whose behalf the marketing communication is made, while further delineating the minimum age allowed to play the relevant game.
The said marketing communication is to contain contact details pertaining to an organisation which provides information and support in connection with gambling issues, in conjunction with commercial communications stating the risks for health of problem gambling in a practical and transparent manner.
The Affiliate shall further ensure that:
- The relevant marketing material shall not exert pressure to gamble or otherwise disparage abstention through timing, location or nature of the commercial communication. Without limitation, do not use the terms Play Now, Deposit Now, Play Fast, Register Fast, or similar words that indicate an urgent call to action;
- No use of the terms no-account, anonymous play, no registration or any other similar terms which provide a misleading message to players;
- The marketing material does not reproduce gambling in a context that connects it with strength or responsibility;
- The marketing material does not convey or produce divergent opinions about restrained gambling;
- The marketing material does not invite or encourage the player to gamble in order to cover previous economic losses;
- The marketing material does not imply that it is without risk to gamble or that there are some products that cannot lead to gambling problems;
- The marketing material does not hint at stereotype conceptions with respect to male and female;
- when sending marketing material via email, the communication shall at all times contain a valid address to which the recipient can send a request that the marketing cease;
- ‘refer a friend’ or similar programmes are not utilised;
- the BankID wordmark or logo are not used alongside or within our adverts, promotions.
Lastly, the Affiliate shall more generally ensure that the marketing conducted in Sweden shall be moderate and in line with the provisions contained in Annex A and this Annex C. Should the Affiliate be unsure as to whether its proposed marketing materials comply herewith or otherwise, they are invited to seek the prior approval of the Company.
Annex D – Netherlands Specific Conditions
The restrictions included within this Annex D are over and above those contained in Annex A.
Our policy is not to pay any commission for any new traffic (from the 15th March 2019 onwards) deriving from the Netherlands which is generated as a result of promotion on channels which breach the below conditions.
We do not permit any advertising of our brands on:
- .nl, or .be sites;
- Sites or other channels which are in Dutch irrespective of the top level domain;
- Sites or other channels which are in English however make specific reference to the Netherlands (such as “Best Dutch Online Casinos” or “Casinos that Accept Dutch Customers” or any similar sites or channels, including social media channels);
- Promotions of our brands on any site or other channel alongside any article which makes reference to the Netherlands, including also the legal situation in the Netherlands;
- Sites or other channels on which the iDeal payment method is referenced;
- Sites or other channels where there are specific Dutch themes;
- Sites or other channels that have a name which is typically associated with the Netherlands;
- Sites or other channels where the audience is typically Dutch;
- Any channel of an affiliate, if the affiliate itself promotes its brand in the Netherlands (such as in bars, on bus-stops, on Dutch TV, Dutch Radio etc.)
If you are unsure whether you are breaching the above conditions, please contact our affiliate team.
Annex E – Switzerland Specific Conditions
The restrictions included within this Annex E are over and above those contained in Annex A.
Our policy is not to pay any commission for any new traffic (from the 15th March 2019 onwards) deriving from Switzerland which is generated as a result of promotion on channels which breach the below conditions.
We do not permit any advertising of our brands on:
- .ch sites;
- Sites or other channels which are in English however make specific reference to Switzerland (such as “Best Swiss Online Casinos” or “Casinos that Accept Swiss Customers” or any similar sites or channels, including social media channels);
- Promotions of our brands on any site or other channel alongside any article which makes reference to Switzerland, including also the legal situation in Switzerland;
- Sites or other channels where there are specific Swiss themes;
- Sites or other channels that have a name which is typically associated with Switzerland;
- Sites or other channels where the audience is typically Swiss;
- Any channel of an affiliate, if the affiliate itself promotes its brand in Switzerland (such as in bars, on bus-stops, on Swiss TV, Swiss Radio etc.)