EMUPARTNERS TERMS AND CONDITIONS

Affiliation and Affiliate Marketing – Terms & Conditions

These Affiliate Terms and Conditions were last updated 04/02/2020 – Version 1.5

1.0 Register Players / Customers

We will register Players / Customers and will track their gaming activity. EmuPartners has the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements that they may periodically establish.

2.0 EmuPartners: Your Rights and Obligations

2.1 Financial reporting on player / customer activity

We will track Players gaming activity. The style, form, content and frequency of generated reports may, at our discretion, vary from time to time. You will be provided with remote online access to generated reports of Player activity and the commission attracted by that activity. To gain access to these online reports You will need to use your username and password as provided to you by EmuPartners. We will provide You with a unique tracking link but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track players referred by You if the links You use are incorrect, so it is vital that You make sure to copy the code exactly as presented in the EmuPartners Affiliate platform. We will not be liable to pay Commission on any Players who are not tracked due to modified tracking codes or links.

2.2 Modification of this Agreement

We may amend, alter, delete, interlineate or add to 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. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral programme rules.

Any amendments, alterations, deletions, interlineations or additions to this Agreement shall be effective immediately upon notice, by display on the Site (hereinafter, “Notice”). Your use of the Site and/ or continued marketing of Us or Our Products after such Notice is given to You will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement should this Agreement be replaced in its entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version.

3.0 Your Rights and Obligations

3.1 Your Warranties

By applying to be registered as an EmuPartners Affiliate, You warrant the following:

the information You provide Us on registration is complete, valid and truthful;

in the event You are a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; and the execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound.

3.2 Spam

Please note that Affiliates of EmuPartners undertaking activities that may be categorised as Spam, face severe consequences. In the giving of effect to this Agreement You may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.

Any form of Spam whatsoever will result in Your account being placed under review immediately and any commissions due to You being withheld pending an investigation. If EmuPartners incurs expenses and/ or damages in dealing with such Spam generated mail or being blocked by third party Internet Service Providers these same expenses and/ or damages will be deducted from Your account. If this occurs the amount of such expenses and/ or damages will be deemed fair and final and acceptable to You. Should these expenses and/ or damages not be covered by funds in Your account we have the right to investigate other alternative means for obtaining payment from you. Should your account not be active nor be generating profit through commission payments We shall have the right to demand payment from You.

3.3 Marketing Material

Once successfully registered as an Affiliate of EmuPartners, You will have access to EmuPartners banners, text and/ or other online and offline promotional materials and trademarks (collectively “Approved Marketing Material”). You may place said materials on Your site, and/ or utilise them via email and/ or direct marketing and/ or print media. These are the designated methods by which You may advertise on behalf of EmuPartners. You may not alter any of the Approved Marketing Materials or make use of other marketing materials without Our prior written consent. Should You be in any doubt, please contact affiliates@emugroup.com before publication. All Approved Marketing Material must be kept current and You shall utilise new Marketing Material forthwith after it is made available to You by Us.

3.4 Good Faith / Ethical Conduct

You will not knowingly benefit from known or suspected traffic not generated in good faith, or via spam, whether or not it actually causes damage to EmuParters. Fraudulent activity will result in EmuParters retaining commissions and Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you, either current or future, 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 referral fees with respect to such traffic.

3.5 Responsibility for Your Site and/or Marketing Methods and Activities

You will be solely responsible for the development, operation, and maintenance of Your site and/or Marketing methods and activities and for all materials that appear on Your site and/or distributed via Your Marketing methods and activities. For example, You will be solely responsible for ensuring, amongst other things, that materials posted on Your site are not libellous or otherwise illegal. In the case of Approved Marketing Material You are required to ensure that all news, offers and promotions in relation to EmuParters are current and up to date.

3.6 Licence to use Intellectual Property

You shall not during the term of this Agreement nor at any time thereafter assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

3.7 Restrictions – You are not permitted more than one EmuPartners Affiliate account

shall not earn Commission on the Net Win of any Second-tier Affiliate if, in the case that You are a juristic entity, they are Your employee, director, shareholder or agent or, in the case that You are a natural person, they are Your employee, agent or direct family member.

shall not earn Commission on the Net Win on Your own Customer Account nor on the Customer Account/s of Your employees or family members.

If You or any of Your associated employees sign up as a Customer at EmuPartners. We shall have the right to terminate this Agreement.

3.8 Data Protection

You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate.

3.9 Money Laundering

You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.

It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the EmuPartners Affiliate Program to facilitate criminal activity.

3.10 Limitations of Advertising

The use of domain names, brand names or any bid made by you to any Internet search engine on keywords including without limitation, EmuCasino, CasinoEmu, Casino Emu, Emu Casino, Emu Poker, Emu Bingo, Emu slots, Emu pokies or EmuCasino trademarks, variations thereof or words that are confusingly similar, shall be considered to be a breach of the good faith provisions contained in Emuasino Affiliates Terms and Conditions.

3.11 Limitations of URLs

The use of EmuPartners brand names, including without limitation, EmuCasino, CasinoEmu, Casino Emu, Emu Casino, Emu Poker, Emu Bingo, Emu slots, Emu pokies or EmuCasino trademarks, variations thereof or words that are confusingly similar, in affiliate URLs is restricted. Brand name may not be used in a derivative URL or subdomain. For example:

emucasino.yoursite.com/ – NOT ALLOWED
www.yoursiteemucasino.com/ – NOT ALLOWED
www.yoursite.com/emucasino.html – NOT ALLOWED
www.yoursite.com/emucasino-review.html – ALLOWED

Any infringement of the above guidelines shall be considered to be a breach of the good faith provisions contained in EmuPartners Affiliates Terms and Conditions.

4.0 Commission: Calculation and Payment

4.1 Commissions

Based on income earned through the promotion of EmuPartners products and services and by players referred by You, We will facilitate payment of agreed Commissions. We reserve the right to change payment options and payment terms at any time and for any reason.

4.2 Commission Plan

As a new affiliate you will automatically receive 25% commission from Our net revenue on your players. As an established affiliate we can offer you up to 45% commission.

25% commission up to €15,000 net revenue
30% commission from €15,001 – €30,000 net revenue
35% commission from €30,001 – €50,000 net revenue
40% commission from €50,001 – €100,000 net revenue
45% commission from €100,000+ net revenue

4.3 Calculation and Payment

During the term of the agreement, we will pay you commission on a Revenue Share basis, based on Income generated by Your referred players and through the continued promotion of EmuPartners products and services. Your Revenue Share is calculated from the casino’s earnings of Your referred players minus Our Microgaming fee, casino bonuses, jackpot fees and chargebacks. We reserve the right to change such Affiliate Commission Structure at any time with 30 days notice.

4.4 Fraud

Any conduct that EmuPartners in its sole discretion determines to be fraudulent conduct which includes, but is not limited to:

A chargeback executed by a Player.
Bonus abuse by Player or group of Players.
Encouragement by you (or third party) to a Player to abuse Our bonus offers.
Collusion on the part of the referred player with any other player or players.
Offering or providing unauthorised incentives (financial or otherwise) by you or any third party to Players to encourage them to sign up.
Any attempt by you to artificially increase the Affiliate Fees payable to you
Any deposits, revenues or traffic generated through illegal means
Deposits generated on stolen credit cards, collusion, manipulation of the service or system, bonuses or other promotional abuse from a player referred by You
Unauthorized use of any third party accounts, copyrights, trademarks and other third party intellectual property rights (which for the avoidance of doubt includes our intellectual property rights) from you or a player referred by You
Any other act by an affiliate or an affiliate referred player, which is understood to have been committed in bad faith against Us or to defraud Us (as determined by Us in Our sole discretion) regardless of whether or not such action has resulted in any type of harm or damage to Us (including without limitation)
We have and reserve the right to pass on any Fraud Costs to Your account and/or terminate this agreement at our discretion.

4.5 Payment Options

Payment shall be made by Us to You by way of the method in which you elect and verify with a first deposit. Should an affiliate fail to register a valid payment method either upon registration or acceptance of these Terms and Conditions, EmuPartners will contact you to inform you to update your details.

Failure by the affilate to have a valid payment method within three months of registration or within three months of having a payment method invalidated will forfeit any commissions due.

4.6 Withhold of Payments

We retain the right to withhold any commission payments to the affiliate, in the case that the affiliate is found to be abusing the commission plan and also players referred by the affiliate to be found abusing the casino bonuses.

In the case of a CPA Reward Plan, EmuPartners reserves the right to withhold CPA payments for customer accounts that are identified as bonus abuse, suspended, closed for fraud, self-exclusion or for any other reasonable reason.

During the period of time in which We shall review Affiliate Fees for possible fraud, where such review period shall not to exceed 180 days. We shall have the right to withhold any Affiliate Fees accrued in Your favour until such time as the review has been concluded and subject to the conclusions of such review.

5.0 Term and Termination

5.1 Term

The term of this Agreement will commence on approval of Your registration to EmuPartners and shall endure until terminated for any reason on notice by either Party.

5.2 Termination

Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via email is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.

We may terminate this agreement if we determine (in our sole discretion) that your site is unsuitable.

Any form of traffic that is generated from any medium that is aimed at children, promotes violence, includes Pornographic or Narcotic material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring EmuPartners into disrepute or prejudice the interests of EmuPartners in any way is considered unsuitable and constitutes a breach of agreement.

In cases where we request the termination of a specific affiliates traffic, we reserve the right to withhold commission for players which engage in abusive player behaviour including but not limited to bonus abuse.

6.0 Relationships of Parties

6.1 Representation of EmuPartners

You shall not make any claims, representations, or warranties in connection with EmuPartners and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement, unless agreed to in writing by either EmuPartners.

6.2 Indemnity

You shall defend, indemnify, and hold EmuPartners and our electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with

Any breach by You of any warranty, representation, or agreement contained in this Agreement,

The performance of Your duties and obligations under this Agreement,

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. Further, You will indemnify and hold Us harmless from all claims, damages, and expenses (including, and without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Your site.

6.3 Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program, EmuPartners or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, Product ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our site (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.

6.4 Limitation of Liability

We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Program, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and the Programme shall not exceed the total Commission paid or payable by Us to You under this Agreement. Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

7.0 Governing Law

When you register as an Affiliate on EmuPartners you accept and acknowledge that the place of this the place of this agreement is Malta and that the governing law is Maltese.

8.0 Third Parties

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.

9.0 High Roller Policy

9.1 In any given month, if a specific referred customer generates a negative Net Revenue of €10,000 (ten thousand Euros) or more at any time (the customer shall be referred to as a “High-Roller”).

9.2 If your aggregated Net Revenue in that month (across all referred customers) is negative €2,000 (two thousand Euros) or more, then the negative Net Revenue generated by the specific High-Roller will be carried forward and offset against future Net Revenue, generated by that High-Roller until the negative balance reaches zero.

9.3 The negative balance carried forward cannot be off-set against other Customers’ positive commissionable revenue.

9.4 The determination of the criteria to categorize a Customer as “High Roller” shall be on EmuPartners sole discretion.

9.5 Progressive wins do not fall into this category as this payout is taken from a progressive funds pool.