To participate in Premier Gaming’s Affiliate program, you first need to agree to the terms and conditions herein. Additionally, by accessing and utilizing any of the Premier Gaming’s Marketing Tools or accepting of any reward, bonus or commission whether contained in this agreement or elsewhere on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.
“We” and “us” refer to Premier Gaming
“You” and “Member” refers to the other party to the contract formed by the acceptance of these Terms and Conditions.
“Merchant” is defined as any company that has contracted Premier Gaming to promote their Site(s) and or products, which in turn provides you with the non-exclusive right to direct users to the Merchant.
“Visitors” refer to any persons directed from you through your site or sites or through other means, to the Merchant's websites.
“Casino Net Win” means player wagering minus player winnings (including accrued progressive jackpot). E.g. if a player wagers €100 and wins back €90, Casino Net Win is €10.
“Chargeback” means an invalid, fraudulent or disputed card or debit payment including but not limited to where the card company or the paying bank has claimed payment back from Merchant, or where the customer claims payment back because or non-performance; Chargebacks are deducted in the month they are charged.
“Commission Fees” means amount paid by Premier Gaming to Member. To be eligible to collect Commission Fees the member must be actively be promoting brands available through Premier Gaming in a visible location.
“Free player bonus” means an amount of money given to players by Merchant for free (usually upon sign-up). Free Player Bonuses may also be distributed as rewards to high spending players or as marketing/ promotional tools.
“Link” means a hyperlink placed on a Member's site that, when clicked on, serves a ‘Brand's Web page to the user's browser. The link may be in the form of text, a button, a banner, offline promotional code or any other acceptable Affiliate format.
“Brand” means a Web site (e.g. www.prontocasino.com or www.premierlivecasino.com) that rewards Affiliate Partners for generating net revenue on their sites.
“Net Revenue” means the sum of money remaining once ‘Card processing fees’; ‘Free player bonuses’; “Player Cash Back” and ‘Chargebacks’ have been deducted from ‘Casino Net Win’.
“Valid Click” means a click from an Affiliate Partner's site to a Brand site that results in the Brand Web page being viewable to the visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, and which may change from time to time.
“Real New Unique Players” A “Real New Unique Player” shall mean an Internet user who accesses the Casino Site directly through a Link, opens a new user account and makes the required minimum deposit and plays on the Casino Site. Neither you nor your relatives are eligible to become Real New Players and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. The number of Real New Players per individual household computer is strictly limited to one.
Below is Premier Gaming’s affiliate scheme:
Net Revenue/month Referral Commission
€0 – €10 000 20%
€10 001 – €20 000 30%
€20 001 – Unlimited 35%
Referral commission fees will be a percentage of the ‘Net Revenue’. Premier Gaming pays a commission fee on net revenue generated by the affiliate. An affiliate’s monthly payable balance is automatically reset to 0 Euros at the beginning of each calendar month, thus ensuring that any negative balances are not carried forward. Casino net revenue is calculated as Player bets minus player winnings minus player bonuses minus payment transaction fees and admin fees.
Transaction fees are the fees the different payment providers charge on the player´s deposits and withdrawals. This is normally less than 3%. Admin fees are the fees covering the cost of handling the gaming customer. This includes for example finance, risk surveillance and game software licensing. This fee is set to 28%.
The Company reserves the right to set limits for a minimum level of activity on Affiliate’s accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and reflect the intention of avoiding accounts where the revenue does not cover the Company’s internal costs for maintaining the account and the payout procedure.
Any commissions which have been accumulated and/or rolled over and which remain unpaid because the affiliate has failed to provide a valid payment method, will be forfeit at the end of each quarter and the affiliate commissions balance will reset to 0 (zero). We will attempt to the best of our abilities to communicate with the affiliate using the contact details provided in the account details section to remind him/her to provide a valid payment method so we can pay the commissions before the end of each quarter. It is the affiliate's responsibility to ensure that personal, contact and payment method details are valid, accurate and up to date in our affiliate admin tool.
TIERED AFFILIATE COMMISSION
As an affiliate of Premier Gaming, you are also able to earn up to 10% on commission fees generated by Affiliates you’ve referred to the Premier Gaming affiliate program (Second Tier Affiliates) on their first year of activity.
NOTE THAT NEITHER YOU OR YOUR RELATIVES CAN EARN BOTH PRIMARY AND SECONDARY REVENUE ON THE SAME PLAYER ACCOUNTS.
To enroll, please read this Agreement and then submit a complete Premier Gaming Member Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, 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.
During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by Premier Gaming on your site (the “Member site”) as a hyperlink to direct Visitors from the Member Site to the Merchant's Sites, using distinct URLs supplied by PremierGaming exclusively for linking (the “Supplied Banners”).
The Merchant's banners shall be displayed at least as prominently as any other sales link on the Member site, and if the Member displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Member site, the Member shall, subject to Premier Gaming’s prior written approval of the content thereof, include similar descriptive information regarding the Merchant's Site(s).
The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Member shall be entitled to display the banners of, and provide links to, sites of other companies through the Member site, and Premier Gaming shall be entitled to make the Merchant's banners available through online and other services than the Member site.
DELIVERY AND DISPLAY OF BANNERS AND OTHER MATERIAL
As a Member, you will have access through Premier Gaming’s site to a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individual, as a “Link”.)
Premier Gaming and the Merchant hereby grants to the Member the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):
· Premier Gaming’s and the Merchant's banners, name, site name, and other related textual and graphic material are made available by Premier Gaming and/or the Merchant to the Member for the express purpose of inclusion on the Member's site from time to time (collectively, the “Merchant's Material”) and for the specific purposes authorized above. Premier Gaming and the Merchant authorize the Member to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Member.
· Premier Gaming and the Merchant also authorizes the Member to refer, in the Member's advertising and promotions, to the fact that the Premier Gaming and Merchant's sites are accessible through the Member site, provided that any such statement:
o does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Premier Gaming or the Merchant other than Premier Gaming or the Merchant's Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of Premier Gaming’s or the Merchant's mark);
o does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Merchant sponsors, authorizes, and/or is the source or origin of the Member site; and
o does not disparage Premier Gaming or the Merchant, its products, services, or members. All use of the Premier Gaming or Merchant's Materials hereunder shall insure to the benefit of the Merchant and shall not create any rights, title or interest in them for the Member. No other use of the Premier Gaming or Merchant's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Member for any purpose without the prior written approval of Premier Gaming or the Merchant.
As between the Merchant and the Member, the Merchant owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Merchant's Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.
MAINTAINING THE LINKS
You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the Premier Gaming Site or the Merchant's Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the Premier Gaming Site or the Merchant's Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.
COMMUNICATION TO MEMBERS
By signing up to Premier Gaming you agree to receive a variety of material from Premier Gaming. If you choose to opt out of our communications Premier Gaming and its Merchants will not be responsible for any damages that may occur from members opting out of communications.
SPAM - WE DO NOT CONDONE SPAM
Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that our Merchants are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our Merchant seek recourse. In this instance the amount determined by the relative Merchant will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of Premier Gaming. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.
You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Premier Gaming or the Merchant harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Merchant's site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.
MEMBER REWARD PROGRAMS
To participate, you must be an active Member in good standing with Premier Gaming. Members participating in any reward program agree to be bound by the decisions of Premier Gaming, which will be final and binding in all respects. All interpretations of the Rules and decisions by Premier Gaming are final.
Premier Gaming reserves the right to terminate any and all Member Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Premier Gaming’s control. Premier Gaming reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the Member.
All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prize-winner. Acceptance of a prize constitutes permission for Premier Gaming and its advertising and promotional agencies to use the recipient’s name, photograph and/or likeness for advertising and promoting and publicizing the services of Premier Gaming in any medium without compensation, unless otherwise prohibited by law.
Members release and hold harmless Premier Gaming and their Merchants and their respective members, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to Member's or any other person's computer.
AFFILIATE OBLIGATIONS AND RIGHTS
The Affiliate hereby warrants and undertakes:
(a) the responsibility to perform actively, by effectively marketing and using its best efforts to promote the ProntoCasino and PremierLiveCasino Websites as widely as possible in order to maximize the benefits of the Parties.
(b) to use links, promotion, advertising or marketing material provided within the solely scope of the Affiliate Program, and no other material relating to Premier Gaming unless specifically written authorized by the Company.
(c) to market and refer potential players to the Websites at its own cost and expense.
(d) that the Affiliate's marketing activities must be professional, proper and according to the terms of the Agreement.
(e) to use only links provided by ProntoCasino and PremierLiveCasino within the scope of the Premier Gaming Program.
(f) the responsibility for the maintenance and development of the Affiliate Website(s).
(g) to conduct its business in a way that reflects favorably upon the high-quality image of ProntoCasino and PremierLiveCasino.
(h) to warrant professional, proper and lawful marketing activities all for the content of the Affiliate Website(s).
(i) that its marketing activities (including websites) neither do nor will contain any material, which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, or graphically violent material
(j) not to target players who are under the legal age for gambling, and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people.
(k) not to generate traffic to the ProntoCasino and PremierLiveCasino Websites by illegal or fraudulent activity, particularly but not limited to:
- sending spam;
- registering as a player or making deposits directly or indirectly to any player account. Therefore, neither you nor your immediate family or friends may become Customers and you shall not be entitled to any payment under this Agreement in relation to such activity. Immediate family in this context means your spouse, partner, parent, child or sibling. Violation of this provision shall be deemed to be fraud;
(l) subject to the marketing material as may be forwarded by the Company and/or made available online through the website www.Premier Gaming.com, the Affiliate may not use ‘prontocasino’ and ‘premierlivecasino’ or other terms, trademarks and any Intellectual Property Rights of the Company unless the Company consents to such use in writing. This includes the registration and usage of domain names containing "prontocasino", “premierlivecasino”, “pronto” “premierlive” or misspelling of the same, as well as buying search traffic (this includes Google Adwords, sponsored links or any other online media buying) based on the search phrase "prontocasino", “pronto casino”, "casino pronto", "premier live" and "premierlivecasino".
As used herein, “Confidential Information” shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
· may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or
· may receive hereunder from the other.
Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
· use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
· accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
· restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.
The foregoing restrictions shall not apply to information that:
· is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;
· the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;
· is received from a third party without restriction and without breach of this Agreement;
· was independently developed by the recipient as evidenced by its records; and
· the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.
The Member acknowledges that Premier Gaming does not advocate or endorse the purchase or the use of any services offered by the Merchant through the Merchant's sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Merchant represents and warrants that:
· The Merchant has the right to enter into this Agreement and to grant the rights and licenses granted herein; and
The Merchant's software, and the reproduction, distribution, transmission, public performance and public display of the Merchant's Material in connection with the Member site, do not:
o invade the right of privacy or publicity of any third person; or
o contain any libelous, obscene, indecent or otherwise unlawful material.
The Member represents and warrants that:
· the Member has the right to enter into this Agreement;
· the Member site does not, and the reproduction, distribution, transmission, public performance and public display of the Member Materials as permitted herein, do not:
o invade the right of privacy or publicity of any third person,
o contain any libelous, obscene, indecent or otherwise unlawful material, or
o infringe any patent, copyright or trademark right in any jurisdiction; and the Member has received no notice of such invasion, violation or infringement of rights.
TERM AND TERMINATION
The term of this Agreement will begin when you download a banner and link it to our site or the Merchant's Site(s) 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. Upon termination:
· You must remove the Premier Gaming or Merchant's banner/s from your site and disable any links from your site to ours and theirs.
· All rights and licenses given to you in this Agreement shall immediately terminate.
· You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
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 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 our 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 which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you 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.
Premier Gaming may from time to time review affiliates’ participation in the program. Premier Gaming may choose to cancel an affiliate’s participation in the program, at its absolute discretion, if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program.
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.
Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.
Except as otherwise provided herein, neither Premier Gaming nor the Member may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.
This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of Malta.
Premier Gaming and the Member are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between Premier Gaming and the Member. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.
It is the Member's responsibility to declare taxes from their Member's profits, according to their country's regulations. It is the merchant’s responsibility to pay its members and Premier Gaming will not be held responsible for the actions of its merchants in regards to the payment of its members.
Premier Gaming is also not responsible for the way cookies are tracked on the Merchants site or on the member’s site. The maintenance of the cookie/tracking code is the responsibility of the Merchant. Premier Gaming is strictly a housing software that displays the results of the tracking for its members.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Premier Gaming may modify any of the Terms and Conditions set forth in this Agreement by replacing these Terms and Conditions with the modified ones and by notifying the Member of the modifications via email notice.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.