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Income88 Affiliate Agreement
Please read this Income88 Affiliate Agreement (“Agreement”) carefully before you register in the Affiliate Sign Up Form. Your registration signifies your acceptance on its Terms and Conditions (T&C) it. Upon completion and submission of the Affiliate Sign Up Form, it becomes binding upon you or the organization (“Partner Company”) that you represent.
- Definitions and Interpretation
- In this Agreement the following words and phrases shall have the meaning stated below:
- “Agreement” means this Income88 Affiliate Agreement and modifications or amendments, the Affiliate Sign-Up Form and all supplementary rules (which include rules, policies, guidelines) that may be provided by Income88 from time to time by email or generally on Income88’s website www.Income88.com or by a link to another website, which all form an integral part of this Agreement
- “Service” under this Agreement means any service offered on any of the Participating Site(s) as defined below.
- Participating Site(s)” means
- all sites mentioned on the Income88 website; are website(s) Income88 is authorized to promote.
- Additional websites may be added by Income88 and you can accept to promote them by expressly activating your account for these websites. Once you do so, such additional website will be automatically included as the “Participating Site” under this Agreement.
- “Income88 Brands” shall mean brands, trademarks and trade names promoted by Income88 or any of the participating sites on Income88, including the brand ‘Income88’ and related trademarks.
- “Player” means any person using the Service of any of the Participating Sites
- “Referred Player” means any Player, not being a Player previously registered at any of the Participating Sites, who as a result of an independent effort of the Partner Company, (1) has been referred to any of the Participating Sites by the Partner Company, and (2) has properly registered and opened an account with any of the Participating Sites, and (3) has been verified and accepted as a Player at any of the Participating Sites, and (4) has fulfilled any qualification conditions as may be prescribed by the partnering sites operating the Service, and (5) has made the first real money deposit into the said account, as determined solely by Income88 on the basis of information registered on the relevant Participating Site’s or Income88’s system, and (6) has not become a Dormant Player. For the avoidance of doubt, once the Player becomes a Dormant Player, he/she permanently ceases to be a Referred Player under this Agreement;
- “Players’ Data” shall mean any information about Players, whether arranged in a database or otherwise, including but not limited to their contact data and other personal data, and “Player’s Data” shall be construed accordingly;
- “Partner Commission” shall mean the amount due to the Partner Company for the services rendered under this Agreement, calculated as provided in clause 5 of this Agreement.
- “Partner Website” shall mean the website or websites stated under ‘Website’ in the Affiliate Signup Form and as may be added or amended from time to time.
- “Partner Services” the services undertaken under this Agreement by the Partner Company as stated in clause 3.1. herein
- “Commission Account” shall mean the account that the Partner Company opens on Income88, as may be decided by Income88, into which the Partner Commission is paid to the Partner Company.
- “Net Revenue” for any particular month of time means:
Gross Revenue for the same Month – (minus) bonuses, progressive jackpot contribution (gives positive contribution when jackpot is won), gaming taxes and Service fee. Quarantined players should there be any will not affect the commission until cleared from quarantine.
- “Quarantined players” means any player that that has generated a negative Net Revenue of -$5,000 or lower in a single month. Big Winners will be put in Quarantine until the individual balance of the player is 0 and will not affect commission negatively in the period which the player was quarantined.
- “Gross Revenue” for any particular month of time shall mean the real money revenue generated by the Referred Players as a result of them using the Service on the Participating Sites.
- “Partner Brand” shall mean a brand, trademark, trade name or a domain name, being operated in any way of correlation to the Participating Sites, as may be amended from time to time by Income88. “Dormant Player” shall mean a Player who, after becoming a Referred Player, has not made any more real money deposit into his player account with any of the Participating Sites.
- Reference to the ‘Partner Company’ or ‘you’ or ‘your’ is a reference to the entity or person stated in the Affiliate Signup Form under ‘Beneficiary’ in the ‘Company / Organization’ title.
- Clause headings are for information purposes only.
- Registration Process
- This Agreement is between Income88 and you as stated in the Affiliate Sign Up Form and shall govern the contractual relationship between Income88 and you, in relation to Participating Sites.
- All information provided in the Affiliate Sign Up Form must be complete, valid and accurate. You shall notify Income88 immediately of any change of information provided in the Affiliate Sign Up Form
- Income88 reserves the right to conduct Know your Customer (“KYC”) procedures for verification purposes and may request documents from the individual or Partner company.
- Income88 may request for the submission of the following KYC documents:
For Individuals: a government issued identification card showing their photograph, complete name, address and birthday as well as proof of an address.
For Partner Company: a copy of Certificate of Registration/Incorporation, Articles of Incorporation, Registration of Directors and Shareholders, proof of address of company, Certificate of Good Standing, utility bill or bank statement showing the company name and address.
Income88 may request for additional documents not listed above if necessary and needed to confirm identity.
- Income88 has the right to deny, suspend or de-activate the account of the Partner company if proven that false, invalid, misleading information or tampered documents were provided during registration.
- If individual, you declare that you are over 18 years of age. If Partner company, you confirm that you are validly registered in your place of incorporation.
- You undertake to carry out your obligations under this Agreement only for the commercial purposes intended herein, i.e. to promote the Participating Sites, and for no other purpose whatsoever (whether for hedging purposes of otherwise).
- Rights and Obligations of The Partner Company
- The Partner Company shall carry out marketing, advertising and promotion of the Participating Sites and refer prospective Referred Players to the Participating Sites via the Partner Website (“Partner Services”) in accordance with the terms and conditions of this Agreement.
- The Partner Company shall perform Partner Services actively, effectively, with the best of its ability with the view of making the Service a successful long-term venture and maximizing the benefit for Income88 and the Partner Company.
- The Partner Company shall provide space for banners and links promoting the Service on the Partner Website and, if approved by Income88, on other websites and media channels.
- Unless specifically agreed otherwise, all marketing material to be used by the Partner Company for carrying out the Partner Service shall be provided by Income88 at no cost to Partner Company.
- Subject to its obligations under clauses 3.6, 3.7, 3.8, 3.10, 3.11 and 3.14 Partner Company shall carry out its Partner Services as it deems appropriate and effective. The Partner Company shall be solely responsible for the manner in which the Partner Services are carried out and, in respect of marketing material not provided by Income88, for the content of the said marketing material.
- For any content of any promotion, advertising or marketing done by the Partner Company using any of the Brands promoted by Income88, whether by way of banners, adverts or otherwise, the Partner Company shall at all times obtain and maintain a prior written approval from Income88. In case marketing material provided by Income88, the provision of such material shall be considered as approval to use such material.
- The Partner Company shall conform and adhere to laws, good practice and good business conduct applicable to the Partner Company, to the operation of the Partner Company’s websites, including the Partner Website, and to the activities carried out by the Partner Company under this Agreement in the geographical markets where Partner Company carries out its activities under this Agreement or which are targeted by the Partner Company.
- Without prejudice to the generality of clause 3.7 above, the Partner Company shall not itself nor authorize or encourage any third party:
- Promote any gaming sites to persons in the United States of America (USA), USA territories, Singapore, Philippines or Hong Kong or to attempt to circumvent restrictions that are in place to prevent persons from the above-mentioned jurisdictions to access and use the Service. Promotion of the Service to persons in the United States of America (USA), USA territories, Singapore, Philippines or Hong Kong is a breach against this Agreement and will void all Partner Commission to the Partner Company.
- Cause disturbing marketing/traffic;
- Conduct the Partner Services in unlawful manner or form, including placing or using any material which is malicious, obscene, sexually explicit, violent, potentially libelous, discriminatory, infringes anyone’s intellectual property rights or goodwill or reputation, targets persons under the age of 18 years (or higher of majority in the jurisdictions that the Partner Company is targeting);
- Interfere with the operation or accessibility of any of the Participating Sites;
- Conduct the Partner Services in any way that is misleading or confusing as to the relationship amongst the Referred Player / prospective Referred Player, the Partner Company and Income88 promoting the Participating Sites or as to the operation, functions or ownership of the Participating Sites;
- Deploy or use any UMC (Unsolicited Mass Communications), also known as “spam”. Should it become evident to Income88 that the Partner Company does not adhere to this obligation, Income88 shall have the right to terminate this Agreement immediately in addition to other remedies available to Income88 at law. Moreover, should the Partner Company use spam, Income88 will close all account(s) of the Partner Company and withhold funds immediately. Due to ongoing efforts, legal actions will be taken should the use of spam be brought to Income88’s attention.
- The Partner Company is allowed to introduce sub-affiliates, provided that sub-affiliates introduced by the Partner Company shall not be allowed to introduce further sub-affiliates. It shall be the sole responsibility of the Partner Company to ensure that sub-affiliates are aware and agree with this condition and with all other conditions relevant and applicable to sub-affiliates. The Partner Company hereby undertakes to fully inform and keep informed all sub-affiliates it introduces about all relevant details in relation to the operation of this Agreement.
- The Partner Company shall remain solely responsible towards Income88 for anything done or not done by any of the sub-affiliates it introduced. Any claim of a sub-affiliate arising out of or in connection with this Agreement is a matter solely and exclusively between the Partner Company and the sub-affiliate and neither Income88 or any of its participating sites shall accept any liability in this respect.
- The Partner Company shall not allow any rake-backs in any form or by any means whatsoever breaching Income88 partners Networks Terms and Conditions. A breach of this condition shall give the right to Income88 to terminate this Agreement immediately.
- The Partner Company acknowledges and accepts that Income88 retains the right to change or withdraw any part of the Service, at any time and in any manner it deems appropriate, without prior notice to the Partner Company and without any liability whatsoever on the part of Income88, provided that any strategic change of the Service that may affect to a very significant extent the operation of the Partner Company under this Agreement shall be made with prior notice to the Partner Company by Income88.
- The Partner Company acknowledges and accepts that in order to carry out its obligations under this Agreement in particular in respect of calculating and paying the Partner Commission, Income88 requires to liaise with and obtain information from and pass information to Companies providing the Service on the Participating Sites. In this respect, the Partner Company:
- Authorizes Income88 to disclose to and to obtain partnering sites operating the Service all information that may be required for the proper operation of this Agreement;
- Releases Income88 and partnering sites operating the Service from any and all liability related to or arising out of the above-mentioned disclosures.
- The Partner Company shall have the right to utilize the brands promoted by Income88 during the period of validity of this Agreement solely and exclusively to the extent that such use has been approved by Income88 for the purposes of carrying by the Partner Company its Partner Services in accordance with the terms of this Agreement. Without prejudice to the generality of the above.
- The Partner Company shall not register or utilize in any way, whether as the Partner Website or otherwise, any domain name that contains (a) any of the partner brands (or significant part of) promoted by Income88 or their variations or misspellings. In case of doubt or similarity of a domain name to any of Partner Brands, the Partner Company must obtain written consent from Income88 prior to registration or utilization of the domain name;
- The Partner Company shall not utilize and shall not allow any third party to utilize any website having a domain name that contains any of the partner brands or their variations or misspellings in such a way that results in promoting any website other than the Participating Sites, whether by way of linking, redirecting traffic or otherwise;
- The Partner Company shall not engage in any marketing by way of pay-per-click, sponsored links, search engines’ keywords, ad words or similar promotion which utilizes any of the partner brands promoted by Income88.
- Partner Company must obtain the minimum level of activity per month which shall consist of at least one (1) First Time Depositor, one (1) new Referred Player and shall maintain a positive Net Revenue (“Minimum Level of Activity”) during the entire duration of this Agreement.
- Rights and Obligations of Income88
- Income88 shall make available to the Partner Company tools allowing the Partner Company to monitor the Partner Commission and the payments of the said Partner Commission into the Commission Account using an online monitoring system at a secure web site.
- Income88 shall provide to the Partner Company sufficient information Income88 declares and the Partner Company acknowledges and accepts that the Service is operated by the different partner brands which are responsible for compliance with all regulation or legislation applicable to the operation of the Service. Income88 declares and the Partner Company acknowledges and accepts that neither Income88 nor any of the partner brands shall be liable for any losses or damages, howsoever caused, resulting from any change in government regulatory policies or legislation that may preclude or put any restriction on the operation of any part of the Service.
- The Service shall be provided in any form and to any extent that the partner brands operating the Service deems appropriate.
- In case of any breach by the Partner Company of any of the terms and conditions of this Agreement, in addition to other remedies available to Income88 at law and under this Agreement, Income88 shall have the right to terminate this Agreement by a notice given to the Partner Company. Unless the breach by the Partner Company is serious and/or irreparable (which will be determined by Income88 in its sole discretion), before the termination Income88 shall allow the Partner Company a period of time not less than 10 days to give to the Partner Company the possibility to correct the matter and overcome the failure.
- This Agreement does not impose any exclusivity obligation on Income88. Neither Income88 nor any of its Participating sites / brand shall be liable in any way what so ever for engaging in any arrangement competing with the Partner Company.
- Notwithstanding anything else stated in this Agreement, neither Income88 nor any of its participating sites, their respective directors, officers, employees, partners, shareholders or consultants shall be held responsible or liable for any loss of income, or loss of the ability to produce income of the Partner Company, even if such loss arises from the inability of Income88 to ensure the delivery of the Service stipulated in this Agreement for any reason whatsoever, whether Income88 is at fault or whether a third party is at fault.
- Unless explicitly stated in this Agreement, Income88 does not make any warranty or representation of any kind.
In case of a breach by the Partner Company of clause 3.14, in addition to other remedies available to Income88 at law, Income88 or the owner(s) of the participating sites, as the case may be, shall have the right to become registered as the registrant of all domain names registered or utilized by the Partner Company in breach of clause 3.14 and the Partner Company shall assist Income88 and/or shall assign to Income88 or to the owner(s) of the participating sites, as may be specified by Income88, all the said domain names irrespective of whether they are top level generic domain name, top country level domains or otherwise.
- Partner Commission
- In consideration for the Partner Services provides by the Partner Company, Income88 shall pay to the Partner Company the Partner Commission as stated in this clause.
- The Partner Commission payable to the Partner Company shall be based on the percentage of Net Revenue as stated in the table below:
The commission is based on Net Revenue
Monthly Net Revenue Commission Your Earnings 0$ – 5.000$ 25% up to 1.250$ 5.001$ – 10.000$ 30% up to 3.000$ 10.001$ – 20.000$ 35% up to 7.000$ 20.001$ – 30.000$ 40% up to 12.000$ 30.001$ – 50.000$ 45% up to 22.500$ 50.001$ – unlimited 50% Unlimited
“Net Revenue” for any particular period of time shall mean Gross Revenue for the same period of time, less costs like license fees, betting and gaming taxes, payment costs, bonuses and/or loyalty bonuses, jackpot contributions given to the Referred Players and charge-backs/refunds.
In cases where the Partner Company introduced sub-affiliates the Partner Company can receive up to 20% of the Partner commission due to the said sub-affiliates after agreement with designated affiliate manager and approved by Income88 affiliate director.
- Income88 shall pay the Partner Commission and paid to the Partner Company on a monthly basis in arrears, not later than the twentieth (20th) day of each month in respect of the Partner Commission for the preceding month. The payment shall be accompanied by a written statement that details the calculation of the Partner Commission.
- The Partner Commission shall be paid into the Commission Account.
- Any charges that may be applicable to the withdrawal of the Partner Commission from the Commission Account by the Partner Company shall be borne solely by the Partner Company.
- Income88 has the right to adjust payments of the Partner Commission from time to time to reflect any overpayments or other applicable deductions, which were not deducted earlier, such as chargebacks or refunds.
- All payments of the Partner Commission shall be made in USD or in such other currency that may be determined by Income88 and regardless of the currency used by the Referred Players to use the Service.
- Income88 shall have the right to withhold any and/or all payments to the Partner Company if the Partner Company is in breach of any of the provisions of this Agreement.
- The Partner Commission stated in clause 5.2 above is exclusive of VAT. VAT shall be payable into the Commission Account in addition to the amounts stated in 5.2. In case of any change in the applicable VAT, the Partner Commission shall be adjusted, so Income88’s position remains not more onerous than prior to the change.
- The Partner Company shall be solely responsible for registering and accounting for any and all taxes due in relation to any payment made to the Partner Company in terms of this Agreement
- The Partner Company has the right, at its own expense and at reasonable intervals, to audit the systems and the figures related to this agreement.
- If for a period of three (3) consecutive months, Partner Company does not achieve the required Minimum Level of Activity provided in Clause 3.15, Income88 shall notify the Partner Company regarding its inactivity and shall discuss on the new required activity level Partner Company needs to reach in order to maintain the same commission percentage.
- Income88 reserves the right to decrease the Partner Company’s commission percentage if after three (3) months from the first notification date of its inactivity, Partner Company failed to achieve the new required activity level as agreed with Income88.
- In addition to Clause 5.13, if Partner Company fails to acknowledge, respond or communicate with Income88 either by email, skype or other means of communication within a period of three (3) months from the first notification date of its inactivity, Income88 may withhold the release of any commission reflected on the Partner Company’s Account.
- In the event that the Partner Company remains to be inactive for one (1) year counted from the first notification date of its inactivity, Income88 reserves the right to close the Partner Company’s Account. All commissions due to the Partner Company prior to its account closure shall not be unreasonably withheld by Income88.
- Fraudulent Acts
- Partner Company is prohibited to use any means that will induce existing or new players to re-sign using a different name. Income88 considers the re-signing of existing or new players as an act of fraud.
- If during investigation a Partner Company is proven to have committed any fraudulent or illegal activity and Income88 has incurred damages or liability as a result thereof, Partner Company agrees to be solely liable to pay damages as a result thereof. In addition, Income88 may immediately terminate this Agreement without prior notification.
- Partner Company is responsible to provide good and quality traffic to attract players. In the event that Partner company refers a player originating from a traffic proven to have shown patterns of fraudulent or illegal acts, Income88 may at its sole discretion immediately terminate this Agreement without prior notice.
- Termination of Agreement that arises due to the aforementioned acts does not prejudice Income88 from availing other legal rights and remedies available as provided by law.
- Duration and Termination
- This Agreement shall become effective upon successful registration and KYC procedures conducted on the Partner Company.
- This Agreement may be terminated by either party by giving thirty (30) days written notice to the other party.
- Unless otherwise stated explicitly in this Agreement, each party has the right to terminate this Agreement with immediate effect if the other party is in material breach of this Agreement.
- Income88 reserves the right to terminate this Agreement by a notice in writing (an email being sufficient) if the Partner Company does not actively promote the Participating Sites. Not actively promoting the Participating Sites shall be deemed a material breach of this Agreement.
- In the event of termination of this Agreement without any fault or breach on the part of the Partner Company, The Partner Company shall have the right to continue to receive a Partner Commission, as stated in clause 5, for the period of six (6) months after the date of termination with respect to Referred Players who continue to utilize the Service. The right of the Referred Company to receive the Partner Commission shall cease upon the termination of this Agreement for any other reason. If the Partner Company wishes to resume promotion of the Participating Sites, a new agreement will have to be entered into between the Partner Company and Income88; and no Referred Player under this Agreement shall be considered as such under any new agreement.
- Referred Players and all Players’ Data shall remain the property of Income88 at all times.
- Unless explicitly stated otherwise, all rights and obligations of each Party under this Agreement will cease upon the termination of this Agreement. This shall not prejudice any right accrued to a Party before such termination.
- Confidentiality, Player’s Data and Non-Disclosure
- Each party acknowledges and agrees that it may have access to or become acquainted with confidential information of the other party. Each party specifically agrees not to misuse, misappropriate or disclose any such confidential information of the other party to any third party, whether directly or indirectly, unless compelled to do so by law.
- Each party accepts that any information of the other party or relating to the other party, including but not limited to information in respect of business and business methods, finances, clients, partners, suppliers, any intellectual property right, whether registered or not, is confidential information of that party unless such information has been put by that party into public domain.
- The Partner Company acknowledges and accepts that all Players’ Data, including data relating to Referred Players, is the exclusive property of Income88 and its partner brands and shall remain so regardless of any termination of this Agreement.
- The Partner Company shall hold harmless and shall indemnify Income88 for any and all damages of losses suffered by Income88 or its officers or representatives due to any breach by the Partner Company of this Agreement.
- Amendment. This Agreement may be amended from time to time by Income88 by notifying the Partner Company either by email or by posting a new version of the Agreement on Income88’s website. In case of an amendment dealing with changes of legislation or regulatory policies, security requirements, detection or prevention of illegal activities (such as fraud) or similar matters, the amendments shall become binding on you immediately upon notification. In other cases an amendment becomes binding after seven (7) days from notification. It is your sole responsibility to check Income88’s website to ensure that you are aware of the latest version of the Agreement. If an amendment to this Agreement is not acceptable to you, your sole remedy is to terminate this Agreement. Your continued acting under this Agreement and/or promoting the Service signifies your approval and acceptance of the amendment.
- Entire agreement. In case of conflict between this Agreement and other agreements, oral or written, with respect to the matter contemplated hereunder, between Income88 and the Partner Company, this Agreement shall prevail. Unless explicitly stated otherwise in any of the supplementary rules, in case of any discrepancy between the supplementary rules and the above-mentioned Income88 Affiliate Agreement, the provisions of this Income88 Affiliate Agreement shall prevail
- Assignment. The Partner Company may not assign or transfer this Agreement, in whole or in part, without Income88’s prior written consent. Income88 may wholly or partly assign its rights and obligations under this Agreement to any of its partner brands or held by the ultimate majority shareholders in the promoted partner brands.
- Severability. If any provision of this Agreement is deemed illegal, invalid or unenforceable, this shall not affect the validity or enforceability of any other provisions of this Agreement.
- Force majeure. Notwithstanding any other provisions specified herein, either Party shall be entitled to suspend performance of its obligations under the Agreement in the occurrence of an event beyond the reasonable control of the Party affected, impeding performance or making performance unreasonably onerous, (”Force majeure”) including, but not limited to local and general industrial disputes, fire, war (whether declared or not), armed conflict, terrorist activity, extensive military mobilization, insurrection, requisition, seizure, embargo, governmental action, export and import restrictions, restrictions in the use of power and delays or defects in deliveries by subcontractors caused by such circumstances referred to in this clause. The Party claiming to be affected by Force Majeure shall without undue delay after the occurrence notify the other Party in writing thereof.
- Waiver. No failure or delay of either Party to enforce any one or more provisions of this Agreement, exercise any option which is herein provided, or require the timely performance of any of the terms or provisions hereof, shall be construed or act as a waiver of such term or provision of this Agreement. Either Party may waive the compliance by the other Party with any term or provision here of only by an instrument in writing. The waiver by either Party of any term or provision of this Agreement shall not be construed or act as a waiver concerning any term or provision for the future or any subsequent breach.
- Handling of negative publicity. Upon notice of any negative publicity concerning the Partner Company, or the Partner Company’s owner(s), which Income88 management believes can damage the reputation of Income88 or any of its participating sites, Income88 has the right to terminate the Agreement immediately.
- Temporary disruptions due to hardware failure. The Parties acknowledge that from time to time, as a result of hardware failure, supplier failures, or the like, the services provided under this Agreement by the Parties can be temporarily disrupted. The Partner Company acknowledges and agrees that neither Income88 nor any of its partner brands or any of its members, shareholders, directors, officers, employees or representatives will be liable to the Partner Company for any special, indirect, consequential, punitive or exemplary damages, or damages for loss of profits or savings, in connection with these temporary disruptions.
- Applicable law. This Agreement shall be governed by and construed in accordance with the law of Malta.
- Dispute resolution. The Parties shall amicably attempt to solve any dispute relating to this Agreement through negotiations between high-level executives of the Parties. If such negotiations are not successful after a period of sixty (60) days from a claim in writing for such negotiations from either Party, the other Party has the right to bring the dispute to final settlement through arbitration pursuant to the applicable Arbitration Act of Malta. The arbitration shall be conducted using one (1) arbitrator if the value of the dispute is less than one million EURO, and otherwise three arbitrators. The arbitrators are to be elected in accordance to the laws of Malta. The arbitration shall be conducted in the English language in Malta. The above notwithstanding, either Party shall be entitled to seek an injunction in any relevant jurisdiction.
IN WITNESS WHEREOF, THE PARTNER COMPANY expressly agrees to the terms and conditions of this Agreement by activating the account at Income88.
Version 2.3 dated 21 st September 2020.