Terms & Conditions
GENERAL TERMS AND CONDITIONS:
BIGWIN AFFILIATES AFFILIATE PROGRAM
General Terms and Conditions
Updated: 3rd November 2020
The following is an agreement (this “Agreement”) between FORTUNA GAMING, 10605801, 14 Blandford Square, NEWCASTLE UPON-TYNE, NE1 4HZ, which operates the BigWin Affiliates Program, and you being a legal entity applying to register as a member of the BigWin Affiliates Program (“you” / “your”). This Agreement contains the terms and conditions that apply to all members of our BigWin Affiliates Program and is a binding contract.
Please carefully read this Agreement in its entirety. By registering as a member and accepting this Agreement, you represent that:
you have read and understood this Agreement and agree to be bound by its terms and this Agreement will become valid and binding as between you and us in its current format as set out below and
that you are at least 18 years of age.
The terms of this Agreement may be amended by Fortuna Gaming from time to time in its discretion and a copy of such amended terms will be posted at www.bigwinaffiliates.com. If you object to such amended terms, your sole remedy is to refrain from using the BigWin Affiliates Service. You will be deemed to have accepted the Agreement as amended 10 days after the amended terms are posted if you continue to use the BigWin Affiliates. In the event of such amendment, all other terms of the Agreement will remain in effect.
You can be enrolled as a member of the BigWin Affiliates Program by creating a unique link to any of our websites, using text or one of our banners.
As set out in the Gambling Act 2005 there are 3 major objectives that we adhere to.
To prevent gambling from being a source of crime and/or disorder, or from being associated with crime or disorder and/or from being used to support crime;
To ensure that gambling is conducted in a fair and open way; and
To protect children and other vulnerable persons from being harmed and/or exploited by gambling.
As a BigWin affiliate partner you will always act in a manner that befits these fundamental objectives and should you fail to comply with them or if you act in any way that compromises our ability to comply with these License regulations we will terminate our contractual relationship with you accordingly.
If you market our Brands in the UK or to UK customers, then by accepting these terms you confirm you are fully aware of all the following marketing obligations and/or requirements of:
The UK Gambling Act and the UK Gambling Commission as stated in the respective LCCP;
The principal rules governing gambling advertising in Great Britain administered by the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP), which are adjudicated upon by the Advertising Standards Authority (ASA);
Gambling Iindustry Code for Socially Responsible Advertising (IGRG) as amended from time to time and
you further confirm that you will always fully adhere to all the above conditions. Additionally, if you are marketing our Brands you must ensure that you meet the General Data Protection Regulation (GDPR) standards. You also agree that if you breach any such conditions that we can terminate the contract and withhold any monies due.
“Advertising Revenue” is the percentage of Net Revenue due and payable to you, at the end of each calendar month, based solely on our system’s data. The Advertising Revenue will be an agreed percentage of the “Net Revenue” according to the amount of wagers made by players you send within 1 month of activity.
“Age-Gating” means applying ‘minimum 18’ age restrictions to your marketing content.
“Applicable Laws” means any applicable laws (including Data Protection Laws), orders, regulations, legal requirements (including the applicable codes, regulations, licence conditions (including LCCP published by the Gambling Commission of Great Britain) and standards of all Gaming Authorities), and codes having legal effect, in each case in force at the relevant time;
“Affiliate Site” means any website(s) (including any device specific versions of such website(s) and any native applications related to such website(s)) that are operated by or on behalf of you and which we approve in writing for use by you in the BigWin Affiliates Program from time to time (including as part of your application to participate in such Program);
“Bonus Money” is bonus money, bonus spins or credits, or any other form of incentives;
“Chargeback” is a card transaction which is not collectable by the card company as a result of customer non-payment or fraudulent credit card use;
“Data Protection Laws” means all laws, regulations, legislative and regulatory requirements and codes of practice applicable to the processing of Personal Data including, without limitation the UK Data Protection Act 1998 and any regulations or instruments thereunder, Directive 95/46/EC of the European Parliament and of the Council of October 24 1995 and any successor legislation (including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as applicable as of 25 May 2018);
“Deposits” are the funds transferred by Players to their player accounts at the relevant Sites;
“Determination” has the meaning set out in clause 3.10.4;
“Exit Traffic” means the traffic that you bring via an exit window, when Players leave a Site (using your unique Tracker);
“Fraud” means an actual or attempted act by you or any Player which is
(i) illegal in any applicable jurisdiction,
(ii) made in bad faith, or
(iii) intended to defraud us or any of the Sites and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act causes us or any of the Sites any damage or harm. Fraud shall include, without limitation, collusion; abuse of bonuses or other promotions; violation of money-laundering or other laws and regulations; Spamming; false, misleading or unauthorised advertising or representations; use of stolen credit cards; and unauthorised use of any intellectual property rights (including third parties’ and any of our or the Sites’ rights);
(iv) fraud also includes but is not limited to using commissions to solicit players and divulge or publicize what commissions have been agreed between us. Any offer to players that include a percentage of your affiliate commission is strictly forbidden and can lead to the closure of your account and the non- payment of revenues.
(v) fraud also includes the staking or incentivizing of players in an attempt to get CPA paid as a result. All forms of this activity will result in affiliate commission not being paid. Additionally, CPA will not be paid for any incentive traffic and for any casino players encouraged using systems and methods such as the doubling system in casinos which is regarded as CPA abuse. Casino CPA will only be paid if the traffic sent to us is from real casino websites and the same with poker CPA, all traffic must come from poker websites. For CPA to be paid the traffic must not be Bonus seekers and there should be no personal relationship whatsoever between the affiliate and the players. An affiliate can under no circumstances deposit and play under his own affiliate CPA or Revenue Share account. To be clear, the use of one’s own affiliate tracker to deposit and play is strictly forbidden.
Furthermore, regarding any CPA deals that show abnormal player behaviour or activity and/or very low player value, we reserve the right to cancel the CPA arrangement and place the account on revenue share retroactively. However, if CPA abuse is suspected/discovered the affiliate account will be closed. No information regarding the specific abnormal activity or CPA abuse will be provided.
Affiliates must not discuss with any third party or publicize the amount of commission they receive. Moreover, affiliates will not pass on or share any part of their % commission or CPA to players.
Rake back on our poker products is strictly forbidden.
“Gaming Approvals” means any and all required approvals, authorisations, licences, transactional waivers, permits, consents, findings of suitability, registrations, clearances, exemptions and waivers of or from any Gaming Authority, including those relating to the offering or conduct of gaming and gambling activities;
“Gaming Authority” means any international, federal, state, local, foreign and any other governmental, regulatory and administrative authority (including the Gambling Commission of Great Britain and Malta Gaming Authority), agency, commission, board, body and official or other regulatory body or agency that have jurisdiction over (or is responsible for or involved in the regulation of) gaming or gaming activities of either party and/or any of its Group Companies from time to time;
“GDPR” means the General Data Protection Regulation (EU) 2016/679;
“Group Company” means in relation to any company, any subsidiary or holding company of such company, or any subsidiary of such holding company, or any other entity controlling or controlled by such party from time to time (and “Group Companies” shall be construed accordingly);
“Hybrid Structure” is a combined structure of advertising revenue and CPA. The affiliate gets a monthly payment at the end of each calendar month based solely on our system’s data.
“Marketing Guidelines” means the documented guidelines as issued by us to you relating to how and where you market our Sites and are set out in Schedule 1 (and as may be updated from time to time);
“Minimum Required Deposit” means the minimum amount required to open a Player Account as indicated on the Site (varying depending on the site, if you are unsure, please contact your affiliate manager). Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the amounts mentioned within this Clause 2.12 at any time by virtue of placing notice on the Site. All amounts are calculated in either GBP or EUR and may be converted into alternative currencies at a rate determined by us in our sole discretion from time to time;
“Net Gaming Revenue” (NGR) is the gross revenue generated from players bets and losses generated on your Tracker(s) based solely on our log files. Less bonus money less fraud less transaction fees less government issued gaming tax where applicable;
“Potential End User Personal Data” means personal data of potential End Users that you direct (or have collected for the purpose of directing) to the Site pursuant to this Agreement;
“Player” (Real Money Player) is a person that enters any Site via your Tracker(s) (or if applicable, your Sub-Affiliate´s Tracker), who:
has opened a new player account with such Site and is qualified and authorized to access and use the Site in accordance with the terms and conditions of use of such Site and with all applicable laws, rules and regulations;
has not been a Player with us before;
is not located in a Restricted Territory
is not located in a territory which has previously fallen within the definition of a Restricted Territory or a territory which has otherwise been deemed a territory from which you may not send Players to us in accordance with any previous version of this Agreement or any previous contract between you and us or any current or former member of the Group unless we have notified you personally in writing that you are entitled to refer such Players
who has made the Minimum Required Deposit;
is accepted as a player under any applicable sign up or identity verification procedure which we may require; and
has adequately fulfilled any other qualification criteria that we may introduce from time to time. Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the above-mentioned qualifying criteria at any time by virtue of placing notice on the Site;
“Player Personal Data” means the personal data of Players;
“Prohibited Material” has the meaning set out in clause 3.7; “Promotion Mails” means graphical artwork or text regarding specific promotion campaigns, sent by us from time to time for dissemination by you by the method specified by us;
“Redeem(s)” means any and all funds withdrawn or cashed-out by Players from their Site account plus amount pending on the players account plus any Deposits reversed (or credits given) by us, in our sole discretion, to negate fraud, error, Player non-satisfaction or through charge-backs.
“Revenue Commission” is the percentage of Net Gaming Revenue in Casino payable to you with the Revenue Share payment plan;
“Sites” are the websites promoted by us and offered within the BigWin Affiliates Program, as they may be updated from time to time, and all their related pages;
“Spam” means emails and messages that meet any one or more of the following criteria:
(i) unsolicited mailing, usually sent to a large number of addressees;
(ii) contains false or misleading statements;
(iii) does not truthfully identify the source or the originating email or IP address;
(iv) does not contain an online and real time unsubscribe option – for the avoidance of doubt, any affiliate who intends mailing for traffic must contact their affiliate manager within 7 days of opening an account to get our rules on mailers and to make sure he/she will be compliant in regulated markets. Failure to get approval for mailer traffic will result in getting your account blocked and any payments withheld,
(v) bundles certain software with other software, or
(vi) inserts icons or causes software download or installation or similar action without the consent of the addressee;
“Sub-Affiliates” means all traffic generated via your dedicated links and generated by a 3rd party you contacted and linked to the Site,
(i) By entering into this Agreement you undertake that you, or any Second Tier Affiliate, will not actively target Customers located in our restricted jurisdictions (3.7) including but not limited to sending Customers correspondence, the use of bannering, off-line advertising and direct marketing; These Countries are restricted for BigWin brands;
“Text Links and Banners” are the graphical artwork or text that will be directed to Sites through your Tracker, to permit a Player to hyperlink from your website to any Site;
“Trackers” are the unique tracking URLs that we provide exclusively to you for the term of this Agreement, through which we track Players and calculate your Revenue Commission;
“Transaction Fees” are the costs related to a player depositing on the sites, for example, Credit Cards fees charged by the acquiring bank;
“Trademarks” means any logo, trade mark, trade name, design, domain name or similar identifying material that are owned or licensed by us or by any Site;
“Unsuitable” means when you (or any of your Group Companies):
is denied or disqualified from eligibility for any Gaming Approval or determined by a Gaming Authority to be unsuitable to be affiliated, associated, or connected with any entity that holds a Gaming Approval;
have an affiliation, association, connection or relationship with a third party which causes us (or any of our Group Companies) to lose or have suspended, revoked, not renewed or denied, or be threatened by any Gaming Authority with the loss, suspension, revocation, non-renewal or denial of, a Gaming Approval;
iii. in our reasonable opinion, are likely to preclude or materially delay, impede or impair, or jeopardize or threaten the loss, suspension, revocation, non-renewal or denial of a Gaming Approval held by us or any of our Group Companies, or any such entity´s application for, or right to the use of, entitlement to or ability to obtain or retain any Gaming Approval required for the operation of its business in any jurisdiction from time to time; or
commit any breach of clause 3.10 or act in a manner which is inconsistent with any Gaming Approval or any requirements, standards, instructions or conditions of any Gaming Authority, it being agreed that you shall be capable of being Unsuitable as a result of actions and/or omissions of: your officers, directors, employees, agents, members; your Group Companies; or the officers, directors, employees, agents, members of your Group Companies.
Joining the Affiliate Program
2.1 Following receipt of your application form (including all compliance documentation) we will consider accepting you as an affiliate in our BigWin Affiliates Program. Should we decide, in our sole and absolute discretion to accept you as an affiliate, this agreement will become binding between you and us, and we will grant you the non-exclusive, revocable right to direct potential Players to the Sites, pursuant to the terms and conditions of this Agreement.
2.2 The BigWin Affiliates Program takes its regulatory obligations seriously. Our Sites are subject to strict Gaming Approvals which we must abide by. In turn, it is our full expectation that any new affiliate acknowledges, appreciates and understands the Applicable Laws that apply to them. Any new affiliate application includes a review of your Affiliate Site(s) which shall include, but not limited to, an assessment of your application of the Applicable Laws.
Affiliate Duties and Rights
3.1 You are hereby granted the right to Marketing, Promotion and Link to Sites By joining our BigWin Affiliates Program placing the Marketing Codes and/or Links on your Website, and subject always to the limitations set out in clause 3.2 below and the terms of this Agreement, you agree to market, promote and refer potential Players to the Sites, by:
(a) creating and maintaining a unique link from the Affiliate Site to the Sites (this link must be established only with one or more of the Text Links and Banners and in no way should be produced by you or customised by you without our prior written approval); and
(b) by disseminating Promotion Mails received from us by the method specified by us. Between us and you, you will be solely liable for the content and manner of your marketing and promotion activities. All such activities must always be conducted in a professional and lawful manner, pursuant to the terms and conditions of this Agreement, the Marketing Guidelines and in accordance with all Applicable Laws.
(c) Your right to use BigWinAffiliates.com as granted by this Agreement is revocable by BigWinAffiliates.com at any time in its sole discretion and subject to any further conditions and/or limitations that BigWinAffiliates.com may from time to time stipulate in its sole discretion, such as, but not limited to, a limitation on the number or percentage of players linked to you via a Tracker in any Club.
(d) By this Agreement, we grant you the non-exclusive right to direct customers to our sites and services, in accordance with the Terms and Conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to Advertising Revenue or other compensation on business secured by or through persons or entities other than you.
3.2 Other Marketing or Activities Not Allowed in establishing a link between the Affiliate Site and any of the Sites, you must only use the Text Links and Banners provided by us and must only include this on the Affiliate Site. You may not use any other hyperlink or include the same on any other website. You may not disseminate any other promotional materials or marketing communications in relation to the Sites other than the Promotion Mails where directed by us. The only methods by which you may advertise, market and promote the Sites are the establishment and maintenance of the unique link from the Affiliate Site to the Sites using the Text Links and Banners, unless we give you our prior written authorisation for any other activity. In the event that we provide such authorisation, you will act in accordance with all instructions provided by us. Any Club created, as a result of unauthorized marketing and promotion carried out by you, may be immediately closed by BigWinAffiliates.com.
3.2.1. In the event that a special deal has been negotiated with you it is subject to performance and can be changed by us if the number of players is not as expected. It is also your responsibility to honour your side of this agreement. If you fail to honour your side of the agreement or you remove our brands from your site, or change the position agreed then the deal is considered broken and all deals – CPA and revenue share etc – will be immediately reduced to the lowest parameters advertised on this site. This reduction in percentages will be back-dated to the start of our partnership with you. In addition, if no first depositors are sent or your player traffic is not as promised for 2 consecutive months or more your percentage will be reduced to the lowest default level from the third month and thereafter.
3.3 Permitted Uses of Text Links and Banners and Promotion Mails
By agreeing to participate in this Affiliate Program, you agree to create a unique link from your site to one of or all BigWin Brand’s site/s. You may link to us with one of our banners or with a text link. With our written permission, you may link directly to our downloadable *.exe file. These are the only methods by which you may advertise on our behalf.
This Agreement does not grant you an exclusive right to direct potential players to the Sites or any other exclusive right in connection with the Sites or with the Affiliate Program. Except for the payment of the Revenue Commission or CPA Payment, as applicable, you will not have any rights with respect to any Players.
We may operate additional affiliate programs in connection with the Sites or any other sites, and you will have no right in connection with such other programs, other than those rights we may expressly grant to you.
3.3.1. You will use only our approved Text Links and Banners and Promotion Mails and will not alter their appearance, design, or content, unless we give you our prior written authorization otherwise. At your request, we will provide you with a code that will enable you to post in the Affiliate Site rotating banners from our marketing material. You understand and acknowledge that the appearance and contents of our Text Links and Banners and Promotion Mails constitute the only authorized and permitted representation of the Sites.
3.3.2. You shall not place Text Links and Banners or Promotion Mails in newsgroups or email or an email newsletter without our prior written approval (subject to 3.3.4 below).
3.3.3. You shall not use misleading Text links or Promotional Mails or cause any Text Links to open in an end user´s browser other than as a result of the end user clicking such link.
3.3.4. If we permit you to email opt-in email lists in relation to a Site, you shall (in accordance with any other directions we may give you):
(a) clearly display an unsubscribe feature at the bottom of the email (clearly detailing an easy and simply method of unsubscribing from the mailing list);
(b) not send any promotional offers relating to the Sites to recipients under the age of 18;
(c) not send any offers relating to the Sites to people who have not willingly submitted their email address and opted-in to receive promotional material;
(d) comply with all applicable Data Protection Laws and any other guidance issued by such regulator(s) relating to email communications; and
(e) You are obligated to use Age-Gating wherever the marketing space provides you with an option to do so.
3.3.4. You are permitted to invite your Website users, including via email communication, to become BigWinAffiliates.com players and to include in such invitation your Marketing Code and/or Link. HOWEVER, it is strictly prohibited for any third party, including, without limitation, users of your Website, to invite potential Members to a Club and/or web site by use of the Link and/or the Marketing Code supplied to you pursuant to the Affiliate Agreement.
You are prohibited from requesting any third party including, without limitation,
users of your Website to invite potential players to a Club by use of the Link and/or the Marketing Code supplied to you pursuant to the Affiliate Agreement.
You are prohibited from using BigWinAffiliates.com in any way which is an
abuse of the product (including using it in order to increase Commission or Fees otherwise payable to you).
3.3.7. In the event that you are found to have breached this Clause or to be taking any action in order to circumvent the prohibitions contained herein, we reserve right to take any action we deem fit including, the closing of any relevant ACCOUNT and/or the termination of the Affiliate Agreement, in our sole discretion.
3.3.8. Affiliates are not permitted to have more than one, unique Tracker ID. You understand and agree that potential Players must link through using your Tracker ID or use your sign-up bonus code in order for you to receive Affiliate Accruals. In no event we are liable for your failure to use Trackers or for potential Players’ failure to properly enter valid Sign-up Bonus Codes. Notwithstanding any other provision herein, we may at any time and in our sole discretion alter our tracking system and reporting format.
3.3.9. Without our prior written approval, you will only use our approved banners, landing pages or any other marketing creatives and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners and landing pages officially supplied or approved by us. If you operate in or send traffic from the UK ALL creative material (including reviews) must be approved prior to you publishing on your website. Please send the content to your Account manager for approval.
3.4 No Fraud We have zero tolerance for inappropriate conduct and fraudulent activity. You will not engage in, allow, assist, promote, encourage, or benefit from, directly or indirectly, any act or traffic that involves Fraud. You will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that you believe or should reasonably believe to potentially involve Fraud, or any act or traffic that we inform you is suspected by us, in our discretion, to involve or potentially involve Fraud.
3.5 Sole Responsibility for Affiliate Site(s) You will be solely responsible for the operation and content of the Affiliate Site, including for ensuring that materials posted on the Affiliate Site are not libellous, obscene, sexually explicit, violent or otherwise illegal, or, if notified by us in our discretion, otherwise unsuitable (“Prohibited Material”) . You will be solely responsible that all the content of the Affiliate Site is original or otherwise is permitted to be published by the owner thereof. You will not make any claims, representations or warranties in connection with us or any of the Sites, and you will not be authorized to make any commitment or assume any liability or obligation on our behalf or on behalf of any of the Sites.
3.6 Additional Restrictions In addition and without derogating from any of the above, you will not do any of the following:
(i) Use or cause Spamming. We will terminate this agreement immediately if there is any form of spamming or if you advertise our Site in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.;
(ii) Do any act that disparages us or any of the Sites or that otherwise is damaging or is reasonably expected to be damaging to our goodwill or to the goodwill of any Site;
(iii) In any way alter, affect, or interfere with the operation or accessibility of the Sites or any page thereof;
(iv) Do any act which causes the Affiliate Site or any other site to copy any material including but not limited to content, graphic, design or any part thereof or resemble the look and feel of any of the Sites or attempt to pass as any of the Sites or create the impression that any such sites are the Sites or otherwise confuse potential Players in connection therewith;
(v) you will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. 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. Even if you have not knowingly generated such traffic, we reserve the right to withhold Advertising Revenue with respect to such traffic.
(vi) Attempt to communicate to Players whether directly or indirectly on our Sites to solicit them to move to any online site not owned by us or for other purposes without our prior approval including but not limited to via email, chat boards, or spamming our tables” If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Accruals and/or terminate this Agreement immediately on notice.
(vii) Communicate, engage, or become involved with any of the Sites, in any way, without our prior written consent; and
(viii) contravene (knowingly or unknowingly) the Marketing Guidelines.
3.7 Restricted Jurisdictions
3.7.1 You should not advertise any of the services in any of the prohibited jurisdictions or territories, the definition of prohibited territories currently being defined as:
(a) Afghanistan, Albania, Algeria, American Samoa, Angola, Australia, Bahamas, Barbados, Belgium, Bolivia, Bulgaria, Cambodia, Côte d’Ivoire, Cuba, Denmark, Ecuador, Estonia, Ethiopia, France, Ghana, Guam, Guyana, Hungary, Iceland, Indonesia, Iran, Iraq, Israel, Italy, Jamaica, Jordan, Kenya, Lao People’s Democratic Republic, Latvia, Lithuania, Mali, Martinique, Mongolia, Myanmar, Nicaragua, Nigeria, North Korea, Northern Mariana Islands, Pakistan, Palestine, State of, Panama, Papua New Guinea, Poland, Portugal, Réunion, Romania, Russia, Samoa, Sao Tome and Principe, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Switzerland, Syria, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, United States, United States Minor Outlying Islands, Vanuatu, Vietnam, Virgin Islands (U.S.), Yemen, Zimbabwe.
(b) any other jurisdiction as we may advise you from time to time.
3.7.2 You should not advertise in the Dutch Language or any websites with a .NL extension (TLD) or use any promotional material that is typically associated with the Netherlands, for example, Dutch Flags, Tulips, Clogs, Stroopwafels, Windmills or payment methods used primarily by Dutch residents or other recognisable symbols.
3.8 Regulatory Matters
3.8.1. You shall promptly provide such information to us as we may reasonably require in order to satisfy any information reporting, disclosure, and other related obligations to any Gaming Authority from time to time. You shall cooperate with requests, inquiries, investigations, and the like of any Gaming Authority in connection with the performance of this Agreement, including the disclosure of information to any Gaming Authority that would otherwise be considered confidential. For the avoidance of doubt, this relates to documentation that can identity you (either as a corporate body or an individual) at the outset of your registration to join the BigWin Affiliates Program.
3.8.2. We shall be entitled to terminate this Agreement immediately on notice to you and withhold any monies then due to you if, in our reasonable opinion: – you are in breach of any relevant advertising law, regulation or codes of practice (including the LCCP, the UK Code of Non-broadcast, Advertising, Sales Promotion and Direct Marketing and the Gambling Industry Code for Socially Responsible Advertising, if applicable) and/or; – the Marketing Guidelines and/or; – you have otherwise acted in a manner which is inconsistent with the licensing objectives and/or; – Any Applicable Law.
3.8.3. Insofar as you carry out activities pursuant to this Agreement on behalf of us and such activities are subject to any Gaming Approval issued to us (or any of our Group Companies) from time to time, you shall conduct yourself as if you are bound by the relevant conditions and the relevant codes of practice to which we (or any of our Group Companies) are subject pursuant to such Gaming Approval.
3.8.4. You acknowledge that we and our Group Companies conduct business in a highly regulated industry under Gaming Approvals issued by Gaming Authorities. In order to ensure compliance with the requirements of Gaming Authorities and to ensure that we are able to maintain such Gaming Approvals, we may evaluate the suitability of our affiliates with which we do business from time to time. If we, acting in good faith and in accordance with industry practice, determine you to be Unsuitable (a ” Determination ”), we may terminate this Agreement immediately by giving written notice to you and withhold any monies then due to you.
3.8.5. No payments or undue financial or other advantage of any kind shall be made by you (or any personnel employed or engaged by you), directly or indirectly, to any entity, government, corporation or other person for the purpose of improperly influencing the consideration of applications for a business activity or the receipt of any other benefits, including the obtaining or retaining of business. You shall:
(a) comply with all Applicable Laws relating to anti-bribery and/or anti-corruption (including, if applicable, the UK’s Bribery Act 2010);
(b) not engage in any activity, practice or conduct which constitutes an offence under any applicable anti-bribery and/or anti-corruption legislation (including acts which would constitute an offence under sections 1, 2 or 6 of the UK’s Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK); and
(c) notify us immediately if you become aware that or have reason to believe that you have breached your obligations under this clause 3.8.5.
3.8.6 If you are an Affiliate you agree that you will:
act responsibly and in good faith in your capacity as Member;
treat the players fairly and with respect;
protect your User account and access to the web site management features from unauthorized use;
make the BigWinAffiliates.com your first point of contact for all queries, concerns and disputes relating to your web site;
immediately advise us of any suspected fraud, chip-dumping, collusion, money laundering or other behaviour which is illegal or is prohibited by us (as specified in this Agreement) of which you become aware in relation to your web site and your players; and
To the extent that you invite other people to join our web site, as a player you must not engage in spamming or other intrusive techniques to solicit players, including but not limited to unsolicited advertising within other web sites and/or links. Each Affiliate is solely responsible for the content of emails sent by him.
3.9 License to use Marks.
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature and shall not take any action that may prejudice our or our licensor’s rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
Data Protection and Marketing
4.1. For the purposes of this agreement the terms controller, data subject, personal data , process (and its cognate terms) and processor shall have the meaning given to them in GDPR.
4.2. You acknowledge and agree that you are a controller in respect of:
(i) Potential Player Personal Data; and
(ii) Player Personal Data only to the extent that such Player was originally a potential Player converted into a Player directly by you (Potential Player Personal Data and Player Personal Data to which you are a controller shall be referred to herein as “Affiliate Personal Data” ). You acknowledge and agree that we shall be a controller in respect of Player Personal Data to the extent that it relates to providing services to Players and any marketing undertaking directly by us or our appointed third parties.
4.3. In the event of duplication of data subjects’ personal data between Affiliate Personal Data and Player Personal Data, we both acknowledge and agree that we shall be acting as controllers in common and not joint controllers in respect of the independent processing of such data subjects’ personal data. Furthermore, you acknowledge and agree that any direct marketing that you send out to Affiliate Personal Data pursuant to this Agreement and the consents related to the same shall be independent of, and governed separately from, any marketing consents that we may have in respect of Players and our own marketing of our own services.
4.4. You shall always comply with the Data Protection Legislation including, without limitation, ensuring that Affiliate Personal Data:
(i) is collected fairly, lawfully and transparently;
(ii) processed in accordance a lawful condition as set out in the GDPR; and
(iii) is protected from loss, theft, accidental destruction, or unauthorised access by implementing appropriate technical and organisation measures in respect of such personal data.
4.5. You warrant that all direct marketing sent to Affiliate Personal Data shall only be done where such individuals have given valid consent to receive such marketing communication as required by the Data Protection Legislation. Valid consent shall include data subject’s opt-in to such marketing and data subjects being informed that they shall receive marketing relating to our Sites (identified either specifically or, at the least, by its industry).
4.6. You warrant that all direct marketing sent to Affiliate Personal Data shall include an opportunity for such persons to opt-out of all future direct marketing.
4.7. You warrant that you shall not send direct marketing to any Affiliate Personal Data who have not provided valid consent to receive such marketing or who have unsubscribed to direct marketing.
4.8. You shall notify us immediately in the event that you breach (or suspect that you have breached) any of the warranties in this clause 4.
4.9. Without prejudice to the warranties given in this clause 4, you shall not send any direct marketing to any Affiliate Personal Data where you have received instructions from us not to send direct marketing. You shall comply with any instruction to not send direct marketing as soon as practicable and in any event within no less than 48 hours from receipt of the instruction.
4.10. You shall notify us immediately in the event that any Affiliate Personal Data makes a complaint to you, or where any competent data protection regulator contacts you, in respect of direct marketing or your processing of such personal data.
4.11. You shall, within five (5) days upon request by us, provide a copy of all Affiliate Personal Data for the sole purpose of us identifying and removing any individuals from such Affiliate Personal Data that we (acting reasonably and in good faith) do not consider it appropriate to contact (whether in respect of direct marketing and otherwise). You shall not contact such individuals notified to you by us.
4.12. We may, from time to time, request that you provide evidence of your compliance with this clause 4 and you shall provide such evidence within five (5) days of receipt of such request.
4.13. You shall ensure that all processors acting on your behalf pursuant to this Agreement are bound by contractual terms no less onerous than the standards prescribed by the Data Protection Legislation.
4.14. You shall provide us with all such assistance as necessary in respect of data breaches, claims and requests for information made against us in respect of any communications sent by you pursuant to this Agreement, in particular, any investigations made by a competent data protection regulator.
4.15. You shall ensure that any communications sent by you or any of your processors are duly tagged to allow tracking in the event that they are forwarded to us as part of a complaint.
Our Duties and Rights
Under this Agreement we are obligated to;
operate the web site and the game responsibly and in good faith;
protect any Affiliate and player’s account and from unauthorized use;
provide front line support to Affiliates for help on web site-related issues (excluding disputes between players and Affiliates), and use all reasonable
endeavours to resolve such issues (with the assistance of our provider’s support teams where necessary);
treat All Affiliates fairly and with respect;
5.1 Registering and Tracking Players
We will register your Players and track their play and will calculate the amounts payable to you in accordance with the applicable payment plan. We reserve the right to require the Sites to refuse new Players or to close the accounts of existing Players if necessary in our sole discretion in order to comply with any requirements we may periodically establish, including without limitation with regard to Fraud, unlawful activity, breach of the respective Site’s terms and conditions of use, or otherwise.
We will make payments to you by the 15th working day of the month for revenue generated in the preceding month. We will pay you Advertising Revenue (defined above) we earn from players directed from your site after they open an account with us and based on deposits they make for real money. Payment will not be made to any affiliate that earns revenue solely from sub-affiliates. The default level of Revenue Share we pay is 25% with all new affiliate partners being offered 50% for 2 calendar months when first starting to work with our affiliate program.
We will provide you with remote online access to reports regarding Player activity and the Revenue Commission generated (if applicable). The form, content and frequency of the reports will be subject to change in our reasonable discretion. We will not be liable for the completeness or accuracy of any reports.
5.4 Commitment for Confidentiality
We are always committed for secrecy and confidentiality of your identity and information. However, we shall be entitled to inform relevant authorities, online casino operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you will cooperate fully with us to investigate any such activity.
We may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you. Modifications may include, for example, changes in the scope of available Advertising Revenue, fee schedules, and Affiliate Program rules.
All telephone conversations between you and any of our staff may be recorded, and you hereby consent to such recording. Any recordings will be treated in the strictest confidence and may be used by us in events of misunderstanding or dispute.
5.7 E-mail, Bulletin Boards and Other Submissions
Any notes, messages, e-mails, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of BigWinAffiliates.com throughout the universe and BigWinAffiliates.com shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to BigWinAffiliates.com web site, you agree that BigWin has the right to publish the material for any type of use, including promotional and advertising purposes.
5.8 BigWin Affiliates is not responsible for any material posted on forums. BigWin reserves the right to edit or delete material submitted to the forums but does not assume any obligation to do so. You agree that you will not submit or otherwise publish through our forums any content which:
libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
infringes any intellectual property or other right of any entity or person, including, but not limited to, violating anyone’s copyrights or trademarks;
violates any law;
advocates illegal activity; or
(e) advertises or otherwise solicits funds or is a solicitation for goods or services.
5.9 BigWin Affiliates does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site. • UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FORTUNA GAMING LTD OR ANY THIRD-PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BigWinAffiliates.com WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF BigWinAffiliates.com WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
6.1 License to Use Trademarks
We hereby grant you a non-exclusive, revocable, non-transferable sublicense, for the term of this Agreement, to use any Trademarks solely for the display of the Text Links and Banners on the Affiliate Site. This sublicense cannot be sublicensed, assigned, or otherwise transferred by you, unless approved in writing by us. Your right to use the Trademarks is limited to and arises only out of the sublicense herein granted. We have the right to terminate this sublicense at any time by written notice to you. This sublicense will be terminated automatically upon the termination of this Agreement for any reason. You shall not assert the invalidity or unenforceability, or otherwise contest the ownership of the Trademarks, in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or any of the Sites’ rights (as an owner or licensee) in or to the Trademarks, or the right of any owner thereof, or render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You shall not register or attempt to register any logo, trademark, trade name, design, domain name or similar identifying material that contain, are confusingly similar to or are composed of any Trademarks.
6.1.1. Any reference to BigWin is a reference to the trade name, namely BigWinAffiliates.com, used by all brands (DreamJackpot, 666Casino, Cozino, KingCasino, WizardSlots, MegaReel, SlotsBaby, etc.)
6.1.2. BigWin does not permit its affiliates to use the terms or any of its brand names / trademarks in any domain used to send players to us. Any affiliate found doing so will be required to transfer the domain to us.
If you do own a domain containing any of our brand names/trademarks, please login to your registrar and unlock the domain which needs to be transferred. You should then send us the authorization code. We will then initiate the transfer and pay the transfer cost associated with this. Continued practice will cause the affiliate to be subject to termination and payments suspended. Please help us with this issue by either handing your domain/s over or reporting any such domains to us.
6.1.3. If you distribute Advertisements by using search engine optimization techniques you shall not
use any technique that generates organic or paid search results based on the trademark of any of our websites or any brand name of any of our websites.
6.3 Marketing Codes.
You have been issued one marketing code per Brand and this is to be used only on the site on which you have been approved to promote our BigWin Brands. Any partners found to be sending traffic from an unapproved site will risk having the traffic from that site invalidated and/or having their affiliate status removed.
6.4 Approved use of Marketing Codes and PPC Advertising.
Creating web sites for the sole purpose of taking advantage of any of our Brand terms, in particular “our Brand name Marketing Code”, is not allowed. Sites targeting marketing codes will need to cease doing so or risk payments being withheld. Whilst including a marketing code on your site is allowed, a site which only exists for the purpose of promoting marketing codes is not. This includes websites with ‘marketing code’ in the URL and other sites which are deemed to serve no purpose other than to promote the marketing code. The same applies to buying PPC adverts in search engines e.g. Google, where bidding on our Casino/Poker and Betting Brand Terms for both desktop and mobile traffic is strictly forbidden. We have a zero tolerance for this kind of activity and your account will be blocked with no payments being made for traffic that you send to us from these sources.
6.5 Only Commercial Use is Allowed
The marketing opportunity presented in our Affiliate Program is for commercial use only, and you, your family members, friends or associates may not make Deposits, directly or indirectly, through any of your Trackers for your or their own personal use or to increase the amounts payable to you under this Agreement by any act which involves Fraud.
7.1 Verification of Identity
It is our policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. We will verify your identity through the information provided by you and by obtaining information from public sources and data.
7.2 Supporting Documentation
You agree to provide us any supporting documents requested by us. You are aware that we have the right to delay payments if supporting documents are not provided. Supporting documents may include any or all the following for individuals: valid passport copy; valid driving license copy; a copy of a utility bill; a letter of reference from your bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company’s certification of incorporation; articles of association (or equivalent document); a certificate of good standing; power of attorney; and information regarding the identity of the beneficiary owner of the company and the identity of the directors of the company.
7.3 Failure to Provide Documentation
Should you fail to provide the documentation as set out in 7.1 and 7.2 above, then your registration with the BigWin Affiliates Program will be automatically rejected. Should you fail to provide any further supporting documentation as we may require during our relationship with you, then we reserve the right to immediately terminate this agreement and will withhold any monies due to you.
7.4 Your Data Subject Rights
You have the following rights in terms of your personal data we hold about you:
The right of access. This enables you to e.g. receive a copy of the personal data we hold about you.
The right to rectification. Correction/Rectification of the personal data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected/rectified.
The right to erasure. This enables you to ask us to erase your personal data [known as the ‘right to be forgotten’] where there is no good reason for us continuing to process it.
The right to data portability. This gives you the right to receive personal data they have provided to a controller in a structured, commonly used, and machine-readable format. It also gives you the right to request that a controller transmits this data directly to another controller.
The right to restrict processing. This enables you to ask us to restrict the processing of your personal data, i.e. use it only for certain things, if:
it is not accurate,
it has been used unlawfully but you do not wish for us to delete it,
it is not relevant anymore, but you want us to keep it for use in possible legal claims,
You have already asked us to stop using your personal data, but you are waiting us to confirm if we have legitimate grounds to use your data.
The right to object. This gives you the right to object to the processing of your personal data. For example, if you object to receiving marketing material you can remove consent for us to send it. The right to object only applies in certain circumstances. Whether it applies depends on your purposes for processing and the lawful basis for processing. Individuals have the absolute right to object to the processing of their personal data if it is for direct marketing purposes. Individuals can also object if the processing is for:
a task carried out in the public interest;
the exercise of official authority vested in you; or
your legitimate interests (or those of a third party);
in relation to automated decision making and profiling.
7.4.1 Information we Collect About You and How we Use It
We process information about you in accordance with our Terms and Conditions and contains details on the types of information we collect and what we do with that information, which includes who it may be shared with and why.
We are entitled to share the information we hold on you, which includes personal data and history with regulators, and other bodies, including the police, and law enforcement bodies in order to investigate fraud, money laundering, integrity issues and to comply with our regulatory duties.
7.4.2 The Types of Information we Collect
We collect two types of data and information from our customers.
Personal Information which can be used to identify an individual. The Personal information we collect through our Services includes information which is submitted directly by the you, such as: phone number; full name; e-mail address; home address; payment option; and other financial information that we may need in order to provide our Services.
The second type of information is un-identified and non-identifiable information pertaining to you which may be made available or gathered via your use of the Services. Non-personal Information which is being collected may include your aggregated usage information and technical information including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name of the website from which you linked to the Services; etc.), in order to enhance the functionality of our Services.
If we combine Personal Information with Non-personal Information, the combined information will be treated as Personal Information for as long as it remains combined.
Payments and Fees
8.1 Standard Commission Structure
Commission is worked out as a percentage of NGR and calculated over a calendar month. Each month the percentage (%) you earn is based on the number of new depositing Players sent in that month as per the following table unless otherwise agreed with you in writing by a duly authorised representative of the BigWin Affiliates Program:
New Players Per Month
Commission % of NGR
0 – 9 New Players 25%
10 – 29 New Players 30%
30 – 49 New Players 35%
50+ New Players 40%
8.2 No Negative Carry Over
An affiliate’s monthly payable balance is automatically reset to 0 at the beginning of each calendar month. The negative balance is not carried over to the following month.
8.3 High Roller Policy
Negative commissionable revenue generated in any given month by any Players who We, in our sole discretion, determine to be “High Rollers” will be carried forward and offset against future commissionable revenue generated by Players referred by You until such negative commissionable revenue is cleared. The determination of the criteria to categorize a Player as “High Roller” shall be in our sole discretion, and Our sole responsibility in this regard shall be to advise you of the categorisation of any Players referred by you as the same by way of amendment to these terms and conditions. Our current criteria for determining our High Roller policy are:
8.3.1. if in any given month a player generates negative commissionable revenue of at least €5,000, and the aggregate commissionable revenue in that month (for the casino) for that Affiliate is negative, then such Player shall be deemed to be a High Roller;
8.3.2. if both of the above criteria are met (8.3.1) then the negative commissionable revenue generated by the High Roller will be carried forward and offset against future commissionable revenue generated by that High Roller;
8.3.3. the negative balance carried forward cannot be set-off against other players’ positive commissionable revenue;
8.3.4. the negative balance carried forward cannot be greater than the total aggregate negative commissionable revenue for the affiliate, for that month;
8.3.5. if there is more than one High Roller, the negative balance carried forward will be split proportionally between them;
8.3.6. The negative balance of a High Roller will be reduced by future positive commissionable revenue that they generate in subsequent months. 8.4 Final and Binding Data and Calculations All calculations in connection with the amount payable to you will be made by us and based solely on our systems’ data and records, and our calculations will be final and binding.
8.5 Change of Payment Plan
Any changes to the agreed payment plan must be agreed in writing by both parties.
8.6 Opening Player account
You are not allowed to open a player account through your tracking link. If you want to open a player account through your tracking link for the purpose of testing, you will have to contact the Affiliate Manager first. However, winnings made on a test account will not be paid out by the casino.
8.7 Payment Procedure
You will be paid on a monthly basis, provided the amount payable to you on a brand is not less than £/€300. Please note that our brands are closed individually and if this minimum amount is not reached in a particular month, we will be entitled to withhold payment and carry the amount due to you to the next calendar month and so on, until the minimum amount is reached.All payments will be due and paid in GBP, other currencies will be at our discretion. We will transfer funds only to the designated account appearing in your application form and such account must match the name that you used to register to join the BigWin Affiliates Program.
8.8 Taxes and Other Charges
You are fully responsible for all taxes, fees, and other costs incidental to and arising from any payments made to you under this Agreement, including without limitation processing fees. You will indemnify and reimburse us for any costs, expenses or losses that may be caused to us as a result of any claim or demand made by any governmental or other authority, with regard to tax withholding obligations or similar obligations to which we may be subject in connection with making payments to you. We will be entitled to withhold or set-off any such amounts from the payments made to you.
8.9 Right to Withhold Amounts
8.9.1 We reserve the right to withhold all amounts due and payable to you under this Agreement if we believe that any Fraud has taken place or is contemplated which involves you, whether or not the withheld amounts relate to the event in question. If we believe that a Fraud has taken place or is contemplated by any Player without your knowledge, we will be entitled to withhold any amounts due to you in connection with such Fraud. We will also be entitled, in the foregoing events, to set-off from future amounts payable to you any amounts already received by you which can be shown to have been generated by Fraud.
8.9.2 We have the right to withhold any amounts payable to you in the event that you pay any of your Players any rake-back or other payment or financial incentive. Should this occur, and you are found to be in breach of this clause, then we reserve the right to confiscate such funds from your account.
8.9.3 We have the right to withhold any amounts payable to you in the event that you are in breach of the Marketing Guidelines. Should this occur, and you are found to be in breach of this clause, then we reserve the right to confiscate such funds from your account.
8.9.4 Any commission which is unclaimed due to lack of/incorrect payment details will be automatically nullified after a 3 month period.
Term and Termination
9.1 This Agreement shall commence at the time that you submit your affiliate application form to us and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement. Either party can terminate this agreement with or without cause upon immediate written notice to the other. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY.
9.2 For purposes of notification of termination, sending a notice via email is considered a written and immediate form of notification.
9.3 Immediately following the termination of this Agreement for any reason, you must remove all of our Text Links and Banners from the Affiliate Site, as well as any other marks, names, symbols, logos, designs or any other material, graphics and content owned, developed, licensed or created by us and/or provided to you by us in connection with this Agreement. You must also disable any links from the Affiliate Site to any Site, and stop any activity relating to Promotion Mails. All rights and licenses given to you in this Agreement shall immediately terminate. If you have failed to fulfil your obligations and responsibilities, we will not pay you the Revenue Commission otherwise owing to you on termination or thereafter, if applicable. You will provide us with written confirmation that you have complied with this clause 9.3 within forty-eight (48) hours of our notice to you to terminate.
9.4 We may withhold your final payment for a reasonable time to ensure that the correct amount is paid and that there are no debts or liabilities owing from you to us. We will be entitled to deduct from any payments due and payable to you, any such debts and liabilities due to us, if any.
9.5 After termination, and unless expressly agreed with you otherwise, you will not be entitled to any amounts under clause 8.7 in respect of Players registered before, on or after the date of termination of this Agreement.
9.6 Any continued access and use by Players of any of the Sites following the termination of this Agreement, if any, shall not constitute continuation or renewal of this Agreement or a waiver of its termination.
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites 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, and/or violate intellectual property rights.
Commercial Use Only. This Marketing opportunity is for commercial use only,
and you, your family members, friendly associates may not make deposits, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Advertising Revenue payables to you. If you wish to make test transactions to evaluate the system, including deposits, please contact email@example.com so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such deposits or traffic from your Advertising Revenue.
Suspension and Breach
In the event that we believe you may be in breach of any provision of this Agreement, including any additional provisions and/or obligations/rules communicated to you directly,or for any other justifiable reason, BigWinAffiliates.com reserves the right to immediately:
suspend or prevent your access to the Site or any part of it;
suspend or cancel any involvement and game or any other activity relating to a BigWinAffiliates.com;
suspend the operation of your account; and/or
Close your account.
terminate this Agreement;
seize all monies held in your User account;
take legal or other action against you; and/or
Affiliate Representations and Warranties
Without derogating from, and in addition to, any of your other representations, warranties, covenants, and obligations contained in this Agreement, you hereby represent and warrant to us the following:
10.1 the execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any Applicable Laws or agreement to which you are subject to;
10.2 you are not under the age of either
(i) 18, or
(ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater;
10.3 you are not a resident of any of the Excluded Territories;
10.4 you are not involved or intend to be involved in or are aware of any act or traffic that involves the Affiliate Site and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including but not limited to money laundering, under any Applicable Law;
10.5 by participating in our Affiliate Program, you acknowledge that you do not find our services to be offensive, objectionable, or unfair in any way;
10.6 you will comply with all Applicable Laws, including Data Protection Laws, and perform your obligations under this Agreement in accordance with good industry practice.
10.7 the Affiliate Site, any content thereon, and any domain name or sub-domain associated with the Affiliate Site: (a) is not aimed at children; (b) does not contain any Prohibited Material or (other than as permitted by this Agreement); (c) does not infringe the rights (including the Intellectual Property Rights) of any third party; (d) does not contravene the Marketing Guidelines in any way and; (e) is solely owned and/or controlled by you;
10.8. you will always comply with any and all applicable guidelines that we may provide you with in respect of our Trademarks;
10.9. you have obtained and will maintain all necessary registrations, authorisations, consents and licences to enable you to fulfil your obligations under this Agreement;
10.10. you will not make any application to register any trade or service mark, business name, company name, domain name or sub-domain which consists of, includes or is confusingly similar to any of the Trademarks;
10.11. you will not make, and shall procure that none of your employees make, any defamatory or derogatory statements about, or take part in any activities which are or might reasonably be perceived to be derogatory of or detrimental to our reputation or the reputation of any of our Group Companies or any of the Sites;
10.12. you will not intercept, redirect, or otherwise interfere with traffic from the website of any other BigWin Affiliates Program affiliate; and
10.13. all information you submit to us in all communications is complete and accurate.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE BigWin Affiliates Program OR TO ANY ARRANGEMENTS CONTEMPLATED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH REGARD TO THEIR FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, LEGALITY OR NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIGWIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIGWIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BIGWIN OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGWIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN BIGWIN WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EGO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE MATERIAL THAT YOU READ IN THIS SITE IS PROVIDED SOLELY FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. THE INFORMATION AND OPINIONS EXPRESSED IN BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF BIGWIN OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS, AND BIGWIN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER BIGWIN NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN THE WEB SITE.
You will defend, indemnify, and hold us and our Group Companies, and our directors, officers, employees, representatives, agents and the legal entity that holds our licence(s) as required by the Gaming Authority (and the directors, officers, employees, representatives and agents of the aforementioned) (together the ” Indemnified Parties ”), harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, suffered by or incurred, directly or indirectly, by the Indemnified Parties resulting from, arising out of, or in any way connected with:
(a) any breach by you of any warranty, representation or undertaking in this Agreement (including, for the avoidance of doubt, those set out in clause 9);
(b) the performance of your duties and obligations under this Agreement;
(c) any claim or demand relating to the development, operation, maintenance, or contents of the Affiliate Site;
(d) any breach by you of clause 3;
(e) any act or omission by you that causes any Indemnified Party to be in breach of Applicable Law or the terms of any Gaming Approval; and/or
(f) your failure (or the failure of your employees, agents’ subcontractors, or processors) to comply with any of its obligations under clause 12 or any failure to comply with Data Protection Legislation.
(g) Your negligence or any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.
You shall, if requested by us, give full cooperation (at your cost) to us or any other Indemnified Party in any action, claim or proceedings in respect of which you indemnify us and the Indemnified Parties pursuant to this clause 12.
Limitation of Liability
Under any circumstances, including negligence, shall keep BigWin Affiliates harmless and BigWin Affiliates shall not be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of or in connection with this Agreement, even if BigWin Affiliates had prior knowledge of the possibility of such damages or if such losses were reasonably foreseeable.
ANY LIABILITY TO YOU ARISING FROM THIS AGREEMENT AND THE BigWin Affiliates Program IS LIMITED TO DIRECT DAMAGES ONLY. WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ANY EVENT AND UNDER ANY CIRCUMSTANCES, OUR AGGREGATE AND TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE BigWin Affiliates Program WILL NOT EXCEED THE TOTAL PAYMENTS MADE TO YOU UNDER THIS AGREEMENT OVER THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Nothing in this Agreement shall exclude or limit either party’s liability, you agree to fully indemnify, defend and hold harmless BigWin Affiliates and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
any Fraudulent Behaviour or alleged Fraudulent Behaviour with which you were involved in connection with harmless BigWin Affiliates and its website; and
your breach or alleged breach of this Agreement, in whole or in part;
any violation or infringement or alleged violation or infringement by you of any law or any third party rights;
use by you of the web sites or use by any other person accessing using your Login Credentials, whether or not with your authorization;
death or personal injury resulting from its negligence or the negligence of its employees or agents; or
any other matter which cannot be excluded or limited by Applicable Laws;
The Parties Relationship
We and you are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers, representations, or obligations on our behalf. You will not make any statement, whether on the Affiliate Site or otherwise, that could be reasonably construed to contradict the foregoing.
During your participation in our Affiliate Program, we may disclose to you or you might otherwise obtain certain information which is either marked or by its nature is confidential and proprietary to us (herein referred to as “Confidential Information”). You shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement. Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by Applicable Law or any legal agency having jurisdiction over you (in which case you will give us prompt notice of such requirement).
Acknowledgement and Independent Evaluation
You acknowledge that:
(1) you have read this agreement and agree to all its terms and conditions;
(2) you have independently evaluated the desirability of participating in our affiliate Program and that you are not relying on any representation, guarantee, or statement other than those expressly set forth in this agreement.
You understand that we may at any time (directly or indirectly) solicit player referrals on terms that may differ from those contained in this agreement or operate or contract with sites that are similar to or compete with the affiliate site.
Amendments to Agreement
We may amend any minor terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting the amended agreement on this “Terms and Conditions” page on our site. Any changes will take effect from the date specified at the head of the Agreement and you are solely responsible for learning of any such amended versions and changes.
We may make material changes to the terms and conditions contained in this Agreement at any time and in our sole discretion, by posting the amended agreement on this “Terms and Conditions” page on our site. We will also provide you with written notice that the Agreement has been changed and you shall then have an opportunity to terminate this Agreement with immediate effect should you find these unacceptable.
YOUR CONTINUED PARTICIPATION IN THE BigWin Affiliates Program FOLLOWING OUR POSTING OF ANY AMENDED AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE AMENDED AGREEMENT, WHETHER OR NOT YOU HAVE ACTUALLY LEARNED OF OR READ THE RELEVANT CHANGES.
18.1 Governing Law
The construction, validity, and performance of this Agreement (and any claim, dispute or matter arising under or in connection with its enforceability or formation) will be governed and construed in accordance with English law.
The laws of the Republic of Cyprus, without reference will govern This Agreement rules governing choice of law. Any action relating to this Agreement must be brought in Cyprus and you irrevocably consent to the jurisdiction of its courts.
Each party irrevocably submits to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with this Agreement (including non-contractual disputes or claims) or its enforceability or formation or the legal relationships established by the Agreement and waives any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient form.
18.3 No Waiver
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. None of our employees, officers or agents may verbally alter, modify, or waive any provision of this Agreement.
18.4 No Assignment
You shall not be entitled to sub-contract, assign or sub-licence any of your rights or obligations under this Agreement without obtaining the prior written consent from us. We shall be entitled to subcontract any or all our obligations and/or sub-license or assign any or all of our rights under this Agreement at any time
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.
18.6 Remedies and Injunctive Relief
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of our rights or remedies in connection with this Agreement shall not preclude the exercise of any other right or remedy. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
18.7 Third Party Rights
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement (save for our Group Companies, who may rely upon and enforce any rights provided to them under this Agreement against you).
18.8 Entire Agreement
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement (save for our Group Companies, who may rely upon and enforce any rights provided to them under this Agreement against you).
Regler & Villkor gäller, stödlinjen, Spel inspektionen and 18+
If you market our Brands in Sweden or to Swedish customers, then by accepting these terms you confirm you are fully aware of all marketing obligations and will fully adhere to all conditions as set out by the Swedish Regulatory Authority, the Gambling Act (2018-1138), the Marketing Guidelines of the Swedish Gaming Industry and any other relevant law/regulation/guidance that may be issued from time to time included but not limited to following the below rules when displaying any bonus or marketing offer;
All bonus offers must include the 18+ logo as well as www.stodlinjen.se that need to be initially visible without the need to click on for example “read more” for the information to become visible Clicking www.stodlinjen.se should not redirect the player to the gambling site. Such actions should have no effect or if it does it should redirect the player to the actual site of stodlinjen.
Additionally, the significant terms of the offer must be included in the initial offer and or folded away. In such a case the folding tab is clear and unambiguous, marked as clickable and is otherwise easy to navigate
Furthermore, there is a total ban on sending traffic by the following traffic sources in Sweden: Email/Mailers, SMS and Direct Mail by Post.
If you market our Brand Cozino in Denmark or to Danish casino players, please note the following new terms:
Our new default Welcome bonus is 100% up to 500kr with wagering of 10* deposit plus bonus amount
If our casinos are promoted in such a way that there is space to show the terms of the bonus, you must display the below terms near the offer:
Velkomstbonus. Gælder kun første indbetaling. Min. indbetaling: 100kr. Gennemspilskrav: (indbetaling plus bonus) 10X inden for 60 dage. Eksempel: Indbetal 100kr, få 100kr bonus og gennemspil 2000kr. Max. indsats er 50kr. Evt. gevinster ved spil over max. indsats fjernes.
since it is not mentioned in the above terms, your marketing of this bonus must include that the bonus is 100% of the deposit to a max of 500kr
Severe measures will be taken if there is any breach of this including but not limited to account closure, non-payment of affiliate commission and the issuing of a penalty fine.
Please note: it is illegal to use the Bank ID logo in Sweden
Chargebacks and Payments
A chargeback is defined as un-collectable CC transaction from the CC companies because of customer non-payment or fraudulent credit card use. All charged back amounts will be deducted from your payment or the reserved funds. Charge back fees will be paid to CC companies and will be administered by the relevant brand.
Chargebacks, credits during processing period. If a chargeback or credit
occurs during the fee payment-processing period (12 business days), we reserve the right to deduct the associated fees from the owed Advertising revenues. The credit card processing fees applicable to Players, as well as other processing fees if any will be applicable in the future, will be deducted from the Casino Net Revenue, Poker Net Revenue or Betting Net Revenue, as applicable, from which your Revenue Commission is derived. Credit card current processing fees are 4%-6% of all credit card Deposits. Checks, wire transfer and Western Union payments do not presently charge any processing fees. Such fees, however, are subject to change at any time.
Fee Payment, we will pay you Advertising Revenue on a monthly basis, within the tenth working day of the month, but not less than £/€300 per brand. If you fail to achieve the amount of £/€300 Advertising Revenue on a brand in a certain month, the earned amount will be forwarded to the next calendar month. All payments due will be paid in GBP unless a different currency is requested by the affiliate. With respect to payments methods, Bank Transfer and PayPal are the only options available. All calculations in connection with the amount payable to you, whether under the Revenue Share or the CPA payment plans, will be made by us and based solely on our systems’ data and records, and our calculations will be final and binding.
Returned funds. If after paying your commission to the Payment Details you have in your affiliate account , the Funds are returned by your Bank/e -wallet or whoever we send the money to, you will be charged the cost of processing these returns and of the subsequent new payment sent to you as a result.
For all our Casino Brands we do not carry over negative balances. Furthermore, we separate our Brands for payment purposes, meaning negative results at one Brand will not affect your positive results at the others (no bundling). With the following exception:
If an affiliate/company has several accounts/usernames (anames) promoting one Brand, a negative will affect all the accounts in the group of that brand.
Nevertheless, no negative carryover still applies to that Account/Brand as a whole and per brand
Commission when a player is an affiliate BigWinAffiliates.com reserves the right not to pay an affiliate partner for their personal losses within the site(s).
To avoid doubt, you will not be entitled to receive any Affiliate Accruals for revenues generated by Players on our Sites except as set out in the Payment Plan you choose for the Sites that are part of the Affiliate Network.
You are allowed to use BigWinAffiliates.com on the basis that you will not commit any fraud or dishonesty. We have zero tolerance for inappropriate conduct and fraudulent activity. You will not engage in, allow, assist, promote, encourage, or benefit from, directly or indirectly, any act or traffic that involves Fraud. You will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that you believe or should reasonably believe to potentially involve Fraud, or any act or traffic that we inform you is suspected by us, in our discretion, to involve or potentially involve Fraud in relation to the BigWinAffiliates.com web site (“Fraudulent Behaviour”). Moreover, you are not permitted to advertise or send traffic to us from any website or traffic source that infringes any Company or personal Copyright for example , Torrent websites and any other website that allows the illegal downloading of Music , Films and TV shows etc.
BigWinAffiliates.com takes Fraudulent Behaviour extremely seriously. In addition to any other rights or remedies BigWinAffiliates.com may have under this Agreement, at law or otherwise, any User found to be involved in Fraudulent Behaviour may be reported to the relevant authorities.
As an Affiliate you must reasonably monitor the activities of your web site/ blog/ link for evidence of Fraudulent Behaviour and report to BigWin.
Marketing Guidelines for Affiliates
March 2020 (version 2)
Thank you for your continued support and assistance in achieving our compliance objectives for affiliates. We completely understand and appreciate that the regulatory landscape, most particularly in the UK, is changing constantly and making things more difficult to ensure continued and complete compliance particularly with the tight deadlines being imposed on the industry.
We are pleased to release our second version of our Marketing Guidelines for Affiliates. The changes and additions are summarised as follows:
Given the numerous changes required by the CMA, we request that if you are not targeting the UK market to please ensure that all offers and promotions, when displaying a currency, are not GBP/£. Please use Euros, Dollars and/or other currencies, as required. Different Marketing Guidelines apply should you wish to promote our brand(s) in other jurisdictions other than the UK. Should you be interested, please get in touch.
However, if it is your desire to target the UK market, where your offer/promotion does contain GBP/£, this offer MUST be either:
a) taken from the creatives now available in the BigWin Affiliates Platform for you. These creatives, with GBP/£, have been specifically amended and created to comply with the new UK regulations; or
b) approved by affiliate compliance.
Furthermore, with immediate effect and until further notice, Cozino has stopped accepting UK traffic from Email/Mailers, SMS, and Direct Mail by Post. Plus, for all of our brands, any activity that encourages UK players to deposit money into 3rd party channels like YouTube or Twitch involving “Slots Pulls” or “Casino Raffles” and “Tournaments” (without direct registration in our Casinos) is also prohibited.
This is to ensure full compliance with the LCCP and the GDPR and includes all affiliates, even if you had prior approval in the past.
Should you display any other offer or promotion with GBP/£ that has not been approved, we will be left with no option but to terminate our agreement with you given the level of importance placed on this by the Gambling Commission, ASA and CMA.
All promotions related to our brand(s) should be socially responsible.
As an affiliate, you must not be using the Covid-19 pandemic in any way to promote our brands and/or to drive traffic to your promotional sources. We take a zero tolerance approach. We have changed our terms and conditions on all our websites.
As credit cards are no longer accepted in the UK, you must ensure that all references to credit cards are removed from your promotional sources that promote our brand(s).
We have added extra details and information in relation to social media usage by our affiliates. Should you wish to promote our brand(s) via recorded videos, kindly get in touch to acquire the relevant Guidelines.
Safer/Responsible Gambling Requirements (UK)
Any search advertisements in the UK must clearly contain 18+ messaging in the ad copy, along with safer gambling messaging within the core ad format. The safer gambling massage can be “Play Responsibly” which is short and simple, however you are free to use a different responsible gambling messaging always subject to approval by compliance by emailing firstname.lastname@example.org.
Additionally, you are required to share/promote safer gambling related content on a regular basis on your website.
Further, ensure compliance with the regulations of the UKGC, below you can find a list of negative Keywords and phrases that must not be used in any kind of casino marketing in the UK. This list will be updated from time to time and you will be informed of any changes within 48 hrs.
You are not allowed to market our brands on any page / app that gets search traffic (paid or organic) from any of the negative keywords on our list ( or for that matter , any keywords not on our list but of the same negative sentiment), your account will be immediately terminated and any commissions will not be paid.
See list here
Please remember that in these Guidelines, reference to “Communication(s)” is to any and all marketing, promotional, advertising or other similar material of yours used to encourage consumers to sign-up to one or more of our participating gambling websites as partnered with you.
All of our affiliates agree and are required to promote our brands in a socially responsible manner, in full compliance with all applicable laws, regulations, codes of practice and guidelines to ensure that any advertising of our brands and games, and associated promotions is clear, transparent and not misleading.
It is imperative that you read these Guidelines carefully and in full. As an affiliate, we rely on you to exercise the correct level of control over your marketing Communications. Whilst we appreciate that you are an integral aspect of our business, this needs to be balanced with the heavy regulation being applied to operators. We aim to ensure that our business and partnership with you develops sustainably into the future. However, this will only be as a result of your compliance and continuous assistance in ensuring that all Communications are in accordance with the law. Unless this happens, we will not be able to commit to you as an affiliate, nor support our affiliates program in the long run.
We firmly believe that, together, we can maintain and continue to grow our relationship with you.
Should you have any queries, then please feel free to contact us.
Thank you for your continued support and assistance.
LCCP: Responsible placement of digital adverts
You are not allowed to market our brands on any copyright infringing websites providing unauthorised access to copyrighted content. You are obligated to ensure that none of our brands are advertised on any of the websites/pages included in the The Infringing Website List (IWL). The list will be updated 1st of each month and as such you are expected to download the list at least once a month to ensure they have the most up to date domain list.
German Market Requirements and Conditions
To market our Brands in Germany or to German customers, by accepting these terms you are fully aware and will fully adhere to all conditions as set out by the German State Treaty on Gambling (GlüNeuRStV) 1st July 2021.These include but are not limited to the following key conditions:
1.The words casino or online casino (Kasino) must not be used on your website/s or in any affiliate marketing. You can use Spielautomaten, Slots or Online Spielhalle.
2.Jackpot games, Table Games, Roulette, Blackjack and Baccarat will not be allowed and must not be mentioned in any review or content.
3.All affiliate commissions based on revenue share have been stopped as per the 1st July 2021.
4.All affiliate marketing and content, including but not limited to banners and reviews, can only be uploaded between 21.00 pm and 06.00 am. Any live streaming (Twitch, YouTube, Facebook, Instagram etc.) or email marketing can also only be offered to the public between 21.00 pm and 06.00 am.
5.All affiliate advertising content and material for use in PPC, Display or mobile/in-app must be submitted for our approval.
Marketing Guidelines for Affiliates
The below guidelines do not constitute the agreement between you and Fortuna Gaming. The guidelines are meant to serve as a quick access to the main obligations of the Affiliate under its agreement. The Terms and Conditions for the BigWin Affiliate Program (i.e. the Agreement) shall always supersede any provision hereunder.
This guide covers, but is not limited to, the advertising rules for all types of advertising such as reviews, mailers, SMS send outs, banners, and native ads. Kindly note that these rules must be followed by all affiliates. If breached, your affiliate account might be closed and depending on the severity of the breach your pending commission may not be paid out.
Adverts shall not directly or indirectly feature themes that link gambling to toughness, resilience, or recklessness
Adverts shall not give the impression that gambling can be a main source of income or an activity to resort for the payment of debt
Adverts and promotions shall always be in accordance with the company’s effort to promote social responsibility and responsible gambling
Adverts shall clearly indicate that the gambling activity promoted is to be only exercised by persons who are 18+
Adverts shall expressly state how to make use of an offer. For avoidance of doubt, customers shall always be provided with sufficient information in order to be able to make an informed decision prior to opting to accede a promotion
Adverts shall not in any way appeal to people under 18 years of age
Any promotions including large winnings by customers from any of the Sites, shall be real ones
All mentions of Fortuna Gaming, or any of the Sites, need to clearly state 18+ and T&C apply
Sales promotions shall always be clear and accurately advertised
For the United Kingdom, no SMS, email, social, native or any kind of direct marketing is allowed unless approved by a manager at Fortuna Gaming
All advertising must clearly state that it is not coming from Fortuna Gaming or any of the Sites
Customer’s subscription to receiving marketing material from the affiliate shall be on an opt-in basis
Send outs shall have an “unsubscribe” link which would enable the customer to opt out of any marketing material in the future
The text to be sent to customers shall always be approved by Fortuna Gaming
All send outs must clearly state that it is not coming from Fortuna Gaming or any of the Sites
Do not create your own, or amend in any way whatsoever, creative media supplied to you unless you have received our prior written consent to do so. Any amendments to our creative media are in breach of your Affiliate Agreement with us. You must not create your own promotional banners, images or otherwise unless you receive our prior written consent. This is to ensure that we can safeguard everybody’s interests with your Communication(s) being legally compliant. If you wish to use text or other materials that are not supplied to describe, advertise or promote our brands and games or any of its offers or services then you must obtain our written approval prior to any publication of it.
Do not change promotional landing pages (or otherwise). The landing pages are crucial to legal compliance given that they contain the full terms and conditions applicable to your Communication. Any changes to these links will result in the Communication itself no longer being valid or compliant. The links must not be changed, and customers must not be taken to alternative pages. If you are unsure about which landing page to use, please: a) contact us; and b) do not enable the offer to be live until we have confirmed/approved the landing page destination.
Do not display or place digital adverts on copyright infringing websites, such as movie streaming or piracy websites. These are websites that contain illegal content, such as a Torrent Download webpage, or those that enable you to illegally stream ‘Live TV’ or movies, such as Putlockers.
Do not display, direct or place Communications anywhere there is gambling advice or corrective behavioural content.
Do not spam recipients or send unsolicited emails (or otherwise). You must prove where you have received express consent from your intended recipients, mailing list etc. If you do not have this consent, then immediately remove the recipients from your database. Upon our request, you must be able to substantiate how your database of email recipients has been obtained, in addition to your general obligations pursuant to applicable laws relating to data privacy, security etc
You must ensure that you keep an accurate record of the websites, media accounts, channels and otherwise as to where you are sending, displaying, or advertising Communications. We will require continued access to review such records to ensure that we can satisfy ourselves of our Regulatory obligations. You therefore can only use Communications in places and channels you have disclosed to us and we have not rejected. Any changes must be sent by way of email to us. At any point, you must be able to disclose to us a complete list of URLs upon our request as to where you display and promote our Communications. If you cannot do this, then we shall be left with no option but to terminate our agreement with you.
All Communications must not be displayed, targeted, or appealing to those under the age of 18. This includes the form and content of your Communication, such as including child-like imagery, colours, or choice of wording. This also applies to any form and content of your website or online presence.
Information Communications and Data
Any data that you hold relating to an individual must have been collected, processed, and stored in accordance with the law. You should keep clear explicit records of what a person has consented to, and when and how you got this consent, so that you can demonstrate compliance in the possible event of a complaint. We reserve the right to view such records to satisfy ourselves of your compliance.
If you send an email or other form of Communication, you must ensure that the commercial intent is made clear and obvious to the recipient, together with your true and real identity. In addition, any Communication that you send out must include a link to “opting out”, “unsubscribe” or similar- and you are obliged to honour the same. You must not make this opting-out process be difficult, at cost, or otherwise.
Additionally, any email should make clear reference to you in the “From” box. In other words, there should be no confusion as to the true identity of the sender of the email. The Subject must refer to the Email Content, and not be misleading. It should not be written in a form of “click-bait”.
Remember, you must only use creative media only that we supply for email campaigns and they must not be altered whatsoever unless you have received our prior written consent to do so.
We do not allow our affiliates to send out their own email marketing campaigns. If you would like to do so, then you MUST obtain our prior written consent of approval to do this.
This does not include any email campaigns if they do not promote, mention, or reference, directly or indirectly, any of our brands.
If you choose to use Social Media for your Communications, you must:
Clearly show the ‘Over 18’ logo in all Communications and on your Account Profile itself; and
Include wording around BeGambleAware on your social media accounts, such as “Gamble responsibly. www.begambleaware.org” and You must post one (1) safer gambling related post for every two (2) marketing related posts posted on your social media page.
Be able to show and prove that your Communications are targeted and displayed to those above the age of 18. For example, with Twitter, you must use their age-screening function when marketing Communications to consumers, or ‘checking’ the age restriction option when uploading content to YouTube. Similar options apply to other social media platforms; and
Be careful around the choice of images and words that you may use in any non-promotional material that is submitted from your social media account. For example, a “Facebook Post” that is not intended as an advertisement but relates to gambling.
Any sponsored/paid for social media advertisements must be targeted (age-gated) at consumers aged 25+.
You must undertake reasonable endeavours to exclude customers with an active self-exclusion or cool-off period from your paid-for social media campaigns.
Please ensure that you read, review, and satisfy yourselves of the policies of the respective social media company. For example, Facebook requires real-money gambling-related Ads to be preapproved before release. The above applies to YouTube channels and any other form of online or social sharing.
We now request that you do not use social media to promote any of our brands. In other words, we only accept affiliates who use social media for generic purposes and/or for generating traffic to their own websites in accordance with all applicable laws. You must not, at any point whatsoever, publish anything on social media that promotes, mentions, or references, directly or indirectly, any of our brands unless we have specifically given our prior written approval to do so.
In addition, before using Social Media, you must disclose to us, in writing, as to which platforms you are using, and a link to your profiles. This applies to any platforms that you might choose to use in the future as well. Failure to inform us of these details now, or as they change, will lead to immediate termination of your Agreement. We require these details to continually review and monitor your Communications via Social Media.
Important Note: It is strictly prohibited to market our Brands on any person or entity located in the United Kingdom through the streaming Platform “Twitch” (https://www.twitch.tv/) either directly or through streamers.
Critical Points and Tips:
If in any doubt, ask. We have a dedicated affiliate compliance team who will be happy to answer or resolve any Communication queries that you may have.
Do not change any creative media or create your own campaigns (or similar) without our prior written consent.
Only use creatives that are now available in BigWin Affiliate Platform. These have been amended to specifically comply with the new UK regulations as a result of the CMA investigation.
Use social media for generally promoting and/or engaging with your customers via your own company, brand, website or otherwise. In other words, not promoting any of our Communications whatsoever unless we have given our express prior written consent.
Use your best endeavours to ensure that only those above the age of 18 can view your Communications, such as via age-targeting on Social Media or by ensuring that the form and content of your Communications has a more mature appeal. If you are unsure, then do not include it, or request our prior written consent before publication.
Test the click-through on any Communication to ensure that it places the consumer on the correct landing page, which includes all details of the offer, including full terms and conditions. If you are unsure, then do not publish the Communication and please contact us.
Always give an option to opt-out from any form of Communications and ensure that this is a simple, easy process for the recipient to follow. You must honour these requests, not delay in the unsubscribing process, and no longer send any Communications to that individual.
If your Communications refer, review or compare a competitor or other brand, ensure that you can verify and validate any claim you make, or make clear that any content is a matter of opinion only, or otherwise simply request our written consent to such content.
Keep a close eye on any updates that we (or others) provide in relation to affiliate compliance. The law and applicable regulations are moving and changing continuously, and we encourage you to stay updated on all changes that are made as a result of regulatory decisions or guidance notes.
Use your commercial endeavours to retain the best standards on your website. Remember, you must promote socially responsible gambling and must display “Over 18” signage. You must ensure that you are not accepting traffic or otherwise be of appeal to those under the age of 18.
Familiarise yourself with the Social Media policies (and any other online policies that apply to your Communications) to ensure that you are fully compliant.