1. GENERAL DEFINITIONS AND TERMS INTERPRETATION:
1.1. Unless otherwise required by the context, the following terms shall have the following respective meanings for the purposes of this Agreement:
- "PP" shall mean a partner programme of pmaffiliates.com, which attracts new visitors to the Website using partner schemes.
- "Partner" shall mean an individual or a legal entity that owns and administers one or more web resources on the Internet (hereinafter — “your web resource”), using which it promotes the Website offers.
- "Partner Registration Form" shall mean an application you should fill out and confirm in order to become a PP partner;
- "Website" shall mean an online sports gaming resource or a mobile application provided as an offer of the partner programme of pmaffiliates.com.
- "Your Web Resource" shall mean the source of Partner’s traffic, which it specifies in the Partner Registration Form;
- "Advertising Materials" shall mean graphic banners, hyperlinks, images, texts, coefficients, logos displayed on the pages of Your Web Resource;
- "New Customers" shall mean customers who did not previously have an account on the Website, and we do not have any records on their personal email addresses or other information that would indicate any connection between accounts, and which went to the Website through Your Web Resource and the links posted there, registered a gambling account on the Website and made a deposit.
- "Confidential Information" shall mean all non-public information about us that has been disclosed to you for any reason;
Version dated: 29 December 2019
1. General Provisions:
1.1. By accepting this Agreement, the Partner agrees with the rules set forth herein.
1.2. PP shall have the right to amend, delete or add any provisions of the Agreement at its sole discretion, without giving any explanation. Amendments will be published on the PP page.
2. Subject Matter of the Agreement:
2.1. The subject matter of the Agreement is the promotion of the Websites presented by PP on the web resources of the Partner.
2.2. The following advertising materials can be provided to the Partner to be posted:
- Website coefficients (e.g. in the XML format) and other means.
PP shall have the right to change the advertising materials, reduce their number, or replace them with new ones.
3. Execution of the Agreement:
3.1. The Partner is offered to fill out the Partner Registration Form and send it to the PP representatives. After we receive the Partner’s data, you receive an email confirming the execution of the Agreement. PP reserves the right to reject registration without explaining the reasons.
3.2. All new Customers who came from the Partner’s web resource using the advertising materials provided by PP, as well as their bets, shall be registered in the system using referral links generated in the partner programme.
3.3. After the Partners have accepted the Agreement, they shall be granted the right to use advertising materials to go to the Website.
3.4. The design and copyright of the marketing materials provided, as well as other information on the Website, shall be the property of PP.
4. Rights and Obligations of the Partner
4.1. The Partner shall meet the minimum age requirements (18 years old) and be capable to enter into such agreements according to the jurisdiction of the respective country.
4.2. The Partner shall promote the Website to customers at its own expense. Marketing and advertising activities shall be carried out in compliance with the law and this Agreement.
4.3. The Partner shall use only the links and banner codes provided under PP, otherwise we do not guarantee a correct calculation of commission fees and registrations. Advertising material shall not be modified without a written consent of PP.
4.4. The Partner shall be responsible for the development, operation and content of its own web resource, as well as all the materials that can be attributed to its resource. The Partner hereby confirms that its resource does not contain any illegal material related to violence or sexual discrimination.
4.5. The Partner shall not design the web resource to cause identification with the web page of the Website or an impression that the Partner is owned, in part or in full, by the Website.
4.6. The Partner shall not use the name of the Website brand or its misspelled name in any variations as a part of the address (domain) of its web resource.
4.7. The Partner shall not engage himself and his relatives as clients using the advertising materials provided.
4.8. The Partner shall not engage motivated and/or fraud traffic when working with the payment for the player engaged (CPA).
4.9. At the request of PP, the Partner shall provide data on the sources of the web resource traffic.
4.10. The Partner shall provide confirmation that it is the owner or representative of the web resource indicated at the registration (at the request of PP).
4.11. The Partner shall not use the following formats as the means of promotion of the Website without approval:
- email spam, spam on social networks and any other type of spam;
- posting contextual advertising with a reference to the Website brand in any variations;
- clickunder traffic and pop-under traffic;
- adult traffic;
- iframe traffic.
Also, the Partner is strictly prohibited to:
- mislead users, use false information;
- manipulate cookies in any way;
- use traffic from the websites intended for children, promoting violence, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, as well as the websites involved in illegal activities or violating intellectual property rights;
4.12. The Partner may have only one active account in PP. Re-registration in PP is prohibited.
4.13. PP expressly states that advertising or offers to place bets and/or games are subject to legal restrictions and, in some cases, may be prohibited in some countries. Thus, the Partner acknowledges that if advertising or offers to place bets and games, or to participate in prize games are prohibited or permitted only subject to certain preconditions not stipulated in this Agreement in accordance with the laws and regulations of the country of registration of the Partner’s web resource, the Partner shall not accept and enter into this Agreement with PP, and, therefore, it may not post links with advertising materials of the Website on its web resource. In the event of any adverse consequences for PP or the Partner because of the corresponding prohibitions in the country of registration of the Partner’s web resource, the Partner shall be solely liable for them.
4.14. In view of legislative restrictions, PP does not allow (within its control) registration of users under the jurisdiction of the following countries: US, UK, France, Curaçao. PP does not allow and strictly prohibits any geo-targeting towards the users under the jurisdiction of the following countries: US, UK, France, Curaçao or a country included in the sanctioned and/or black listed jurisdictions identified by Financial Action Task Force or where such distribution or use would be against its existing laws or regulations.
4.15. PP shall provide the Partner with commission fee statistics, support in this business and holding activities related to customer service.
4.16. In the event of violation of the above terms and conditions, the Partner may be deprived of the right to receive commission fees, and its account in PP will be blocked.
5. Commission Fees:
5.1. The Partner shall be paid commission fees for attracting new customers from the Partner’s web resource.
5.2. The Partner’s total income shall be calculated using the following formula:
Income = (Player’s bet – Gain from this bet – Bonus) * Partner’s commission fee amount
5.3. Commission fees shall be a percentage of the net income from sports bets obtained from the users directly engaged by the Partner.
5.4. The Parties have agreed that new customers of the Website shall mean those customers who do not have a gambling account, went to the Website using a link, registered and made a cash deposit.
5.5. PP shall have the right to change the percentage of commission fees and the method of calculating commission fees for referrals.
5.6. At the sole discretion of PP, the Partner may be given the opportunity to restructure the commission fee scheme. An example of alternative commission fee schemes includes payment for the engaged customer (CPA). By accepting the company’s proposal to replace the standard income structure described in this Agreement with an alternative one, the Partner automatically agrees that the new structure will completely replace the current one. In case of replacement of the commission fee structure, the obligations of the Partner under this Agreement shall stay valid until this Agreement is terminated.
6. Commission Fee Scheme:
6.1. The initial amount of the Partner’s commission fee shall be 20 %. Any subsequent rate increase shall be negotiated individually with the PP representative.
6.2. The amount of the CPA fee (payment for the engaged customer) shall be negotiated individually with the PP representative.
7. Commission Fee Payment:
7.1. The commission fees shall be paid to the Partner based on the results of each calendar month by the 20th day of the following month, provided that the amount is more than $ 100 (the minimum payout amount). PP reserves the right (with a prior notification of the Partner) to set a minimum required amount of active gamblers (active gamblers are those gamblers who made at least one bet in the month for which the payout is made). If the amount due is less than the minimum payout amount, it shall be carried forward to the next month and can be paid when the amount exceeds the minimum payout amount.
7.2. A negative account balance shall be carried forward to the next month.
7.3. Payments are made in the following currencies: US Dollar, Euro, Ukrainian Hryvnia. The conversion rate used to accrue the partner commission fee shall be revised on the day when the payments are made. The calculation is made at the average rate for the month of payment.
7.4. Payments are made to one of the following payment systems:
- WebMoney (WMZ);
- Skrill (USD);
- Bank transfer (EUR);
- Bank card (UAH);
7.5. In the event of an error in the calculation of commission fees to the Partner, PP reserves the right to correct the error at any time and immediately pay the outstanding amount, request to refund the amount paid to the Partner in excess, or deduct the outstanding amount from the next payment.
7.6. The acceptance of a payment by the Partner shall be deemed its confirmation of the full and final settlement for the respective period.
7.7. If the Partner does not agree with the calculation, it shall send its substantiation to [email protected] within 30 (thirty) calendar days. If no email is sent within this period, it shall be deemed as confirmation that it irrevocably agrees with the amount of the commission fee for the respective period.
7.8. PP may delay payment of the commission fees for up to 180 (one hundred and eighty) days for the duration of coordination of the relevant transactions and the establishment of these terms and conditions.
7.9. No payment shall be made if the website traffic is due to illegal actions or is contrary to any other clause of these terms and conditions.
7.10. The Partner shall refund any commission fees received due to fraudulent or fake transactions, and also shall cover the costs associated with such legal measures.
7.11. PP reserves the right to set a minimum level of activity on partner accounts. The minimum level of activity shall be subject to regular monitoring, and the company reserves the right to limit the terms of such agreements. The minimum level shall not be excessively high, and shall reflect the intention to refuse accounts, the income from which does not cover the costs of account maintenance and payment procedure.
7.12. The Partner shall be fully liable for paying taxes, fees, duties levied on the income under this Agreement to local or foreign (if any) tax authorities, branches or other authorized institutions. The Partner shall not hold PP liable for the unpaid, but invoiced amounts related to the programme.
7.13. The Partner undertakes to request payment of the commission fee due within 12 months. If more than 12 months have passed since the last request for payment, the Website reserves the right to withhold such portion of the commission fee.
8. Validity Period:
8.1. This Agreement may be terminated unilaterally by either Party by an e-mail notice without explaining the reasons.
8.2. The Partner shall cease to use links, banners, logos and other trademarks of PP upon termination of the Agreement.
8.3. Upon termination of the Agreement, PP shall have the right to withhold the entire amount or any portion of the commission fee to cover the costs associated with violations of the Agreement by the Partner.
9. Applicable Law:
9.1. This Agreement shall be regulated by the applicable law. Disputes shall be resolved in the applicable jurisdiction.