Terms & Conditions

These Terms and Conditions are valid from April 30th, 2013. The text modifies, replaces and supersedes all prior versions of this Agreement. This Affiliate Agreement (“Agreement”) contains the complete Terms and Conditions between Affiliate (“the Affiliate”) and IG Entertainment Limited (hereafter “iGame”) , Woodbourne Hall, PO Box 3162, Road Town, Tortola VG1110, British Virgin Islands ; together (“the parties”).

1. General

1.1. In completing the Affiliate Sign-up Form, and, subsequently marketing and referring new Members to iGame, affiliate agrees to be bound by all the Terms and Conditions set out in this Agreement.

1.2. The Affiliate must provide true and complete information to us at all times; including but not limited to, Affiliate’s contact information, payment instructions, nationality, residency, location and nature of Affiliate’s marketing activities, and any other information that iGame may request.

1.3. On Affiliate’s acceptance of this Agreement by completing the Sign-up Form, iGame will automatically become your counter-party to this Agreement.

2. Marketing Code and Rules ("the Code")

2.1. Any marketing activities done by Affiliate for iGame must be in accordance with this document and you acknowledge iGame’s right to terminate, change, modify and /or withdraw any type of marketing activity if in iGame’s reasonable opinion the marketing activity does not comply with the Code, any applicable law and/or the Terms and Conditions. If the situation is not rectified to iGame’s reasonable satisfaction within the given time period, iGame shall be entitled to terminate this Agreement without further notice.

2.2. The Code shall not be seen or understood as an exhaustive set of rules; Affiliate is obliged to market the iGame’s site(s) in the light of any other set of rules, applicable laws and instructions applicable to the specific marketing situation.

2.3. Affiliate shall not publish, advertise and/or promote in any manner whatsoever, through any channel, medium and/or activities that:
- encourages anyone to contravene any law; or - targets individuals under the legal gambling age; or
- shows individual under the legal gambling age participating at gambling activities; or
- promote false or untruthful chances of winning or the expected return to a individual; or
- suggest that skill can influence games that are purely games of chance; or
- promotes smoking and/or the abuse of the consumption of alcohol while gambling; or
- promotes gambling as a matter related to social acceptance, personal or financial success or the resolution of any economic, social or personal problems; or
- contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success; or
- exceeds the limits of decency; or
- encourage individuals to chase their losses or re-invest their winnings.

2.4. Affiliate shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place secure and assure that you have obtained the permission to use such material from the owner of the intellectual property or the individual.

2.5. If Affiliate organizes events and/or participates as sponsor and/or similar other events organized by third parties, Affiliate shall secure and assure that the event/s is/are in compliance with all relevant applicable laws and that all the necessary applicable permissions if any such is required for the event, are in the possession of the Affiliate and/or third party organizer.

2.6. Affiliate shall not provide or offer credits to a Member in any way.

2.7. Affiliate has no right or authority to assume or to create any contractual obligation or responsibility for and on behalf of iGame.

2.8. Affiliate shall consult with iGame before the launch of any marketing activity if in any doubt about how the marketing activity acts in accordance with to the Code.

2.9. Affiliate may market to and refer potential Members to iGame at Affiliate’s own expense. Affiliate will be solely responsible for the costs arising from the preparation of content and Affiliate’s marketing activities.

2.10. Affiliate is only allowed to advertise iGame through approved marketing activities. The use of spam e-mails or advertising on adult web sites as well as trying to recruit Members through the chat at iGame.com, 24hPoker.com, Pokerihuone.com  or other websites within the Microgaming Poker Network and/or at the relax gaming network is strictly forbidden. If iGame finds that Affiliate has participated in such activities, iGame reserves the right to close Affiliate’s account immediately and withhold all earnings and remaining funds on account(s).

2.11. Any “cashback/rakeback”, other than as described below in clause 2.13 – 2.21, is strictly forbidden within Microgaming Poker Network.

2.13. The maximum cashback allowed within Microgaming Poker Network is 30%.

2.14. Cashback can only be earned from the loyalty program.

2.15. All players are automatically included in the loyalty program.

2.16. When the loyalty program Bonus is used, it shall be used within the levels shown. Making changes in the levels or paying more money on top of the levels etc. is not possible and strictly forbidden within Microgaming Poker Network.

2.17. The loyalty program Bonus is something that can be subject of change by Microgaming Poker Network.

2.18. Manual rakeback payouts on the Microgaming Poker Network are forbidden. Any such manual rakeback shall be solely administrated by iGame.

2.19. Any promotion including but not limited to rake, VIP points, raked hands races shall be a competition, where the participants are competing for the place in the leader board based on the chosen criteria. Only one prize per position in the leader board is allowed to be paid out.

2.20. Any promotion including but not limited to rake, VIP points, raked hands races, where the prize payout is fixed to the capped criteria such as amount of VIP points, rake or raked hands is forbidden.

2.21. The Affiliate shall inform iGame about any upcoming exclusive promotion for approval at least 20 days prior to the launch. iGame reserves the right to forbid, cancel or withhold payments of any exclusive/private promotions without giving notice to the Affiliate at any time before and after launch of  such extra promotions or if it is not approved by Microgaming Poker Network. Any exclusive/private promotions need to be confirmed and approved by iGame before a promotion is launched by an Affiliate.

2.22. In the event that Affiliate desires to offer certain incentives to potential new Members, beside the bonuses linked to Affiliate’s sign-up codes, Affiliate is required to request a written approval from iGame prior offering such incentives. In the event that Affiliate does not receive such approval and offer such incentives, iGame reserves the right to cancel Affiliate’s participation in the program, and withhold all earnings and remaining funds on account(s).

3. Affiliate Commission

3.1. The Affiliate is paid a commission according to the Net Revenue Percentage Plan:

The following revenue share plans is for iGame.com, 24hbet.com and the Huone brand:

€0 - € 5,000                       20% commission
€5,001 - €25,000                27% commission
€25,001 -€35,000               35% commission
€35,001 +                          40% commission

The following revenue share plan is for Hertat.com kolikkopelit.com leijonakasino.com

 30% Flat rate

 

 

 

3.2. For Poker, Net Revenue will be calculated as the Gross Rake less following costs:

• Bonuses
• Tournament Sponsorship
• VIP tournament Bonus
• Instant Reward Program
• Flat Rake Back Bonuses
• Charge Backs (Credit Card fraud)
• 20% Administration Fee

The Gross Rake includes rake from Cash Games and fees from Tournaments.

For Casino and Bingo, Net Revenue will be calculated as Gross Revenue less winnings and following costs:

• Bonuses
• Tournament Sponsorship (if available)
• Charge backs (Credit Card fraud)
• 20% Administration Fee

The Administration Fees include the following: Gaming license fees, Gaming taxes, Network Commissions, Transaction costs, extra brand-specific non-network promotions and other agreed marketing costs.

This commission plan affects all new affiliate registrations if nothing else has been agreed upon.

3.3. If the Monthly Gross Revenue is negative, the negative balance will not be carried forward to the next month.

3.4.  iGame reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any of our offers or promotions whether with or without the affiliates knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses

4. Tracking

4.1. All New Members that use an Affiliate unique tracking code will automatically be tagged to the Affiliate.

4.2. A "New Member" is defined as a new user without a prior account with iGame.com and no previous record of their email address, or other details that iGame deem to show connection between accounts, that opens a new user account. If the beneficial owners of Affiliate or their relatives become New Members, Affiliate will not be eligible to receive the relevant commission. iGame’s measurements and calculations in relation to the number of New Members and the relevant Revenue figures shall be the sole and authoritative tool, and shall not be open to review or appeal.

4.3. iGame will track and report Member activity for purposes of calculating Affiliate’s Affiliate commission. Affiliate will be provided a web interface allowing Affiliate to follow Members activity. Normally all the data will be updated at least every day.

5. Settlement

5.1. All commissions are paid on a monthly basis, no later than 10 days after the end of each calendar month. iGame reserves the right to freeze pay-outs if investigations regarding fraud or abuse needs to be conducted before the commission can be determined. From the Player Account withdrawals can be requested by different payment methods.

5.2. If paid Charge Backs exceed the Gross Revenue, the Net Losses will be carried forward to the next month.

5.3. If the Affiliate disagrees with the amount payable, no payment for such amount should be accepted and a written notice of the disputed amount should immediately be sent to iGame. Dispute notices must be received within sixty (60) days of the end of each period for which payment is made, or the Affiliate’s right to dispute such report or payment will be deemed waived.

5.4. The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to local authorities. iGame takes no responsibility whatsoever toward local authorities.

5.5 Payments are effected by Neteller, Moneybookers, bank wire and player account, payment thresholds are as follows:

Neteller and Moneybookers                    €20
Bank Wire                                            €250

6. Term and Termination

6.1. This Agreement will take effect when Affiliate completes the Affiliate Sign-up Form, and will continue until terminated by either Party.

6.2. This Agreement is not limited in time and is extended for as long as both Parties fulfill their obligations and neither of the Parties has terminated the Agreement.

6.3. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via e-mail.

6.4. This Agreement can be terminated by iGame without any notice if Affiliate ceases promoting iGame’s services.

6.5. If this Agreement is terminated Affiliate should immediately remove all links, marks and logos, etc., from Affiliate’s website.

7. Rights and Obligations

7.1. Members tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of iGame.com changes, the obligations under this agreement shall be honored by the new owners.

7.2. iGame.com reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given after the Terms and Conditions for Affiliates have been updated on iGame.com or written notice given to the Affiliate.

7.3. This Agreement and the rights and obligations hereunder may not be assigned by you without iGame’s written consent.

7.4 All information, including but not limited to e-mail addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate's own commercial or other purposes, nor communicated to any third party for any reason.

8. Liabilities

8.1. We do not guarantee that our system, network, software or hardware will be error free or operated without disturbances.

8.2. iGame’s obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of iGame or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. iGame’s liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind.

8.3. You acknowledge that you have read this Agreement and agree to all its terms and conditions.

9. Miscellaneous

9.1. iGame reserves the right to modify any of the terms of this Agreement at any time, in our sole discretion, by either E-mailing you a change notice or by posting the new version of the Agreement on iGame Affiliates.com. It is your responsibility to visit the website(s) frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.

9.2. All notices pertaining to this Agreement shall be given to iGame in written or by email. Notices to the Affiliate will be sent to you at the email address provided in your Player Account and/or Affiliate Account.

9.3. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of Malta.

BY SUBMITTING THE SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Updated 9th December 2013