Big Tease Bingo Terms & Conditions
This Agreement contains the complete terms and conditions regarding your application to participate as an affiliate (an "Affiliate
" or "your
") in our Affiliate Program. As an Affiliate your role will be to promote our brand located at https://affiliate-bigteasebingo.bingosys.net (the "Brand"). By submitting the Affiliate application form you accept these terms and conditions.
- Application and Enrollment. To participate in our Affiliate Program, please submit the Affiliate application form to us via our website: https://affiliate-bigteasebingo.bingosys.net (the “Information Site”). We reserve the right, at our absolute discretion, to reject any application to participate in its Affiliate Program. We reserve the right to perform background checks on you and request any relevant documentation, for any reason, including (but not limited to) any investigation into your identity, personal history, registration details, such as name, address and age and your financial transactions and financial standing.
We are under no obligation to advise you that such investigation is taking place. Such activities may include the use of specific third party companies, who perform the investigations as required. We may decide at our sole discretion to terminate this Agreement on the basis that such an investigation provides a negative or uncertain conclusion.
The documents requested by us shall typically include an identity card, certificate of incorporation or anything analogous thereto and proof of address. If deemed necessary, we may request that the said document copies are notarized by a Public Notary. In the event that our request for documents are not completed or if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent – we shall be under no obligation to accept such documents as valid and we may reject your application or terminate this Agreement with immediate effect.
- Promotions. We grant the Affiliate the non-exclusive and non-transferable right to use (including the right to copy, transmit, display and distribute) the Brand and Promotional Material (as defined below) on the affiliate's website(s) or other means (collectively the “Affiliate Websites”) for the purpose of promoting and advertising the Brand. "Promotional Material" shall mean the Brand name, logo and website, and the Brand's banners, advertising copy and other textual and graphic material made available by us to the Affiliate during the term of this Agreement.
For the purpose of promoting and advertising the Brand, the Affiliate agrees to use the Promotional Material made available by us and further agrees not to edit or alter such Promotional Material in any way. Other materials will have to be approved by our written notification. You may not advertise the Brand in any way not approved in advance by us in writing including, without limitation, the use of spam messages.
You will not market or promote the Brand or use any of the Promotional Material on any website, software, application or portal which infringes upon the intellectual property rights of any third party.
We do not allow hits from spamming or listing on newsgroups, or any other fraudulent method In the event any of the above conditions exist, we will invalidate all current traffic and terminate the Affiliate account without notice.
The Affiliate acknowledges that we, our affiliates or their partners retain all copyrights and proprietary rights in the Promotional Material and that any use of the Promotional Material shall inure to the benefit of the Brand. The Affiliate may only use the Promotional Material for the purpose specified in the clause above and any other form of use is strictly forbidden.
We reserve the right to operate its gaming services in the manner it deems appropriate, including the right to alter, suspend or cancel any of the gaming services at any time, with 30 days notice to the Affiliate.
The Affiliate shall use its best efforts to ensure that the Promotional Material is up to date at all times, including prompt compliance with any requests by us to remove and/or update any Promotional Material.
You will not use any unsolicited or spam messages to promote the Brand. In the event we receive a complaint that you have been sending spam messages, you hereby agree that we may provide to the party making the complaint any details required for the complaining party to contact you directly in order for you to resolve the complaint. The details which we may provide to the party making the complaint, include your name, email address, bricks and mortar address and telephone number. You hereby warrant and undertake that you will cease sending spam messages and make every effort to resolve the compliant. In addition, we reserve all of our rights in this matter including without limitation the right immediately terminate this Agreement and your participation in the Affiliate Program and to set off or charge you for all claims, damages, expenses, costs, fines incurred or suffered by us in relation to this matter. Nothing stated or omitted herein shall in any manner prejudice any of our rights.
The Affiliate shall be solely responsible for ensuring that its Affiliate Websites and any related marketing materials and communications and the use by it of any Promotional Material shall not violate any applicable laws, regulations, codes of conduct, rules and conditions do not contain any spyware, adware or other unwanted threats, do not infringe any right of any third party, including intellectual property rights, directly or indirectly or adversely affect our reputation or that of the Brand. If your Affiliate Websites or any related marketing materials or communications are found to breach or infringe any of the above or contain any spyware, adware or other unwanted threats, we reserve the right to terminate this Agreement and your participation in the Affiliate Program immediately and withhold any past or future commissions which have accrued to your benefit.
You undertake to immediately comply with all instructions and guidelines provided by us or published on the Information Site in relation to your activities in marketing and promoting the Brand including, without limitation, any instruction received from us requesting you to post on the your marketing materials information regarding new features and promotions on our websites and applications. If you are in breach of the foregoing, we reserve the right to immediately terminate this Agreement and your participation in the Affiliate Program and/or withhold any past or future commissions which have accrued or which shall accrue to your benefit.
You will indemnify and hold us, the operator of the Brand, their affiliates and their respective directors, officers, members, employees, representatives and advisors harmless from all claims, damages, and expenses (including, without limitation, legal fees and expert witness fees) relating to the development, operation, maintenance, and contents of your Affiliate Websites or any materials, products or services linked to therein. You hereby acknowledge that your conduct as an Affiliate has the potential to cause substantial damage to us, the operator of the Brand and its affiliates as well as the Brand’s reputation and goodwill and you undertake that at all times consider the goodwill and reputation of all of the foregoing and to act in an appropriate manner.
Without derogating from the generality of the two paragraphs above, you hereby acknowledge that an entity within the same corporate group as the operator of the Brand is licensed by the Gambling Commission of Great Britain, and offers its services to residents of Great Britain under this licence. As a GB-licensed operator, such entity is subject to the Gambling Commission’s Licence Conditions and Codes of Practice (“the LCCP”) as well as other legal requirements that govern the manner in which it may operate and market and advertise its services (these include the UK CAP code, consumer protection laws, fair marketing rules, etc.). Therefore, you undertake to fully comply with these obligations referred to above, including when you are marketing the Brand.
This shall include, but not be limited to, the following: (i) any advertisement, incentive or reward scheme under which an Internet user is offered money, goods or any other advantage, must clearly set out all significant terms, conditions, limitations and qualifications subject to which the benefit is being offered. These must be displayed on the ad itself, or (if significant time or space restrictions preclude such presentation, e.g. on a banner ad), the applicable terms, conditions, qualifications and limitations must be immediately and prominently visible one click away from the relevant ad. (ii) you must not market the Brand in a manner which is in violation of applicable UK laws, regulations, conditions and codes of conduct. If you are in doubt regarding the compliance of a particular marketing method or material – you must seek our prior written approval, (iii) you may only use the Promotional Materials provided to you directly by us that are available via the Information Site, (iv) any Promotional Material must link to the Brand home/landing pages website and may not link directly to registration or download pages.
- General Terms and Conditions. The Affiliate shall bear all costs and expenses incurred in connection with its advertising and promotion of the Brand.
The Affiliate may not assign or sub-contract any of its rights under his Agreement without our prior written consent.
The Affiliate warrants that none of its Affiliate Websites (whether or not such site is notified to us in accordance with the Clause below) or other media means (i) is targeted at persons under 18 years of age, or (ii) displays child pornography or other illegal sexual acts, or (iii) promotes violence, or (iv) promotes discrimination based on race, religion, nationality, sex, disability or sexual orientation, or (v) promotes illegal activities, or (vi) infringes third party intellectual property rights.
Termination By Us If Your Account Is Inactive.
If your Affiliate Account is inactive, your Agreement and participation in the Affiliate network will automatically terminate. In this sense, "Inactive" means where you have not requested payment for earned commission (through the issue of an invoice) for one hundred and eighty three (183) days or more. If we do not receive any invoices from you within a further one hundred and eighty three (183) days, any accrued commissions will not be payable.
We shall have the right to withhold permanently and/or recover any commission payments or referral fees due or paid to the Affiliate as a result of traffic not generated using accepted Internet marketing practices or as a result of fraudulent activity by the Affiliate or the linked player, regardless of whether harm is so caused to the Brand. Our decision in this regard will be final.
- Payments. We or our affiliates will pay you 25% of the profits from players on our site that (i) were referred to us through your Affiliate account, (ii) opened a new user account, (iii) have been promptly verified and approved in accordance with applicable regulatory requirements, including any applicable age or ID verification; and (iv) meet any other qualifications based on gaming activity which we may add from time to time per territory at our discretion.
Profit is derived in the following manner:
Where Adjustments may include negative amounts for chargebacks, void deposits and gaming taxes
For the purposes of this Agreement, where the profit from players in a particular month results in a negative amount, such the negative amount may be carried forward to the calculation of profit from players in the subsequent calendar months, until such time as the negative balance has been fully set-off against future positive profit amounts.
We or our designated appointee's measurements and calculations in relation to the number of players that were referred through your Affiliate account shall not be open to review or appeal.
It should be noted that the Information Site is intended for informational purposes only, on an "as-is" basis and is not to be relied upon for any other purpose, including any payment. Such data is provided on a dynamic basis and may change. In case of discrepancy between the data provided through Information Site and our records, our records shall govern.
You acknowledge and agree that: (i) discrepancies may occur with respect to the calculation of the number of players referred through mobile devices, and you waive any or all claims against us or our designated appointee in this regard, and (ii) you will not be paid any payments with respect to blocked players or players that were not promptly verified in accordance with applicable regulatory requirements.
Subject to us actually receiving the applicable payment from its affiliates with respect to the amount relating to players referred by the Affiliate, we will pay all commissions and referral fees, within 20 days of the end of the month in respect of which such payments are due.
Payments due to you in the sum of less than £200 will be withheld until such time as the amount due to you at the end of any given month is £200 or more.
The Affiliate shall be responsible for payment of all taxes due under any applicable law on commission payments and referral fees made to it by us.
We reserve the right to request that you provide us with written documentation verifying all your beneficiaries and payment account at any time, including upon registration and when any change is made relating to your payment account. We are not obligated to make any payments until verification is completed to its satisfaction. If we believe at our sole discretion that you have failed to provide it with such verification, we retain the right to terminate this Agreement immediately and you shall not be entitled to receive any commissions which have accrued to your benefit at such time or thereafter.
- Disclaimer, Limitation of Liability and Indemnity. Neither party warrants that the operation of their respective websites or other media means will be error-free or uninterrupted and neither party will be liable to the other party for the consequences of any such errors or interruption. In addition, neither party makes any warranties of any kind, express or implied, including warranties of merchantability and fitness for purpose.
We and the operator of the Brand as well as its affiliates shall not be liable to you for incidental, indirect, consequential, special, punitive or exemplary damages of any kind (including loss of revenue, profits or data) arising in connection with this Agreement, regardless of whether have been advised of the possibility of such damages. Furthermore, our and the operator of the Brand as well as its affiliates aggregate liability arising in connection with this Agreement and the Bingo Affiliate Program shall be limited to direct damages, which shall not exceed the total commissions and referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights or remedies to any person or entity not a party to this Agreement.
You agree to indemnify and hold us and the operator of the Brand as well as its affiliates harmless from and against all claims, causes of action, losses, liabilities, damages, judgments, costs and expenses resulting from any breach of your warranty contained in this Agreement or any breach of any other provision of this Agreement.
- Term. The term of this Agreement will commence when you create a unique link to our website and/or promote the Brand via other agreed media means. This Agreement will continue in force until either party notifies the other party in writing that it wishes to terminate the Agreement, in which case this Agreement will 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, the following provisions shall apply:
If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
You will continue to receive commissions revenues with respect to the profits generated from your players until the end of the calendar month in which this Agreement was terminated.
Without derogating from the clause above, we may terminate this Agreement at our sole discretion if we determine that your Affiliate Websites or your other media means are unsuitable. Unsuitable sites and other media means include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities or violate intellectual property rights.
- Waiver. Our failure at any time to require strict performance by you of any provision of this Agreement shall not affect in any way our right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision of this Agreement be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
- Non-Exclusivity. Both parties understand and acknowledge that either party may enter into agreements of this type with third parties.
- Miscellaneous. (i) This Agreement and any matters relating hereto shall be governed by, and construed in accordance with [laws of Gibraltar]. The courts of [Gibraltar] will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement and the transactions contemplated thereby; (ii) Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns; (iii) 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.