Terms & Conditions of the Lottoland Affiliate Program
Last change: 01.10.2020 (version 2.5)
These Terms and Conditions (T&C) may be updated from time to time without notice and will become binding upon publication. You can review the most current version of the T&C any time on this page.
Table of Content Terms and Conditions:
1. Interpretation
2.Registration for the Affiliate Program
3. Subject of Change
4. Obligations of Lottoland
5. Obligations of the Affiliate
6. Payment Method / Rewarding of Affiliates
7. Intellectual Property
8. Indemnity
9. Liability
10. Duration of Contract and Cancellation
1. Interpretation
1.1 In these Terms and Conditions, the following definitions apply:
Affiliate: the person, firm or company supplying the Affiliate Services.
Affiliate Services: the advertising and promotional services performed by the Affiliate under this Contract.
Business Day: a day other than a Saturday, Sunday or a public holiday in Gibraltar.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 3.
Contract: the contract between Lottoland and the Affiliate incorporating these Conditions.
Commission: the payments due to the Affiliate from Lottoland under this Contract (which may comprise a percentage share of Player Deposit and/ or a Fixed Payment) as set out on http://www.lottolandaffiliates.com or, if different, as detailed on the MyAffiliates account or as agreed between the parties in writing.
Fixed Payment: a fixed and one-off payment to the Affiliate from Lottoland regardless of the number of Players.
Free Stake Customers: customers that receive an offer from Lottoland whereby Lottoland agree to pay the stake of a specified value for certain bets, games, spins etc. This includes but is not limited to free lotto bets, free game plays, free spins etc.
Intellectual Property Rights: all patents, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Lottoland: Lottoland Services Limited, is a Gibraltar registered company with registered number 115304 whose registered office is at Suite A, Ocean Village Promenade, Ocean Village, GX11 1AA Gibraltar.
Lottoland affiliate website: The website under the domain on http://www.lottolandaffiliates.com where Lottoland provides information about the possibility to sign up for the Lottoland Affiliate Program.
Lottoland Materials: has the meaning given in clause 4.2 and shall include any other material given to Affiliate by Lottoland from time to time.
Lottoland Website: the web pages (including www.lottoland.com) operated by Lottoland, relating to the online business carried on by Lottoland.
Merchant Account: one or more substitute accounts held by the Affiliate under its MyAffiliates ID for each market, e.g. one substitute account for Germany (Lottoland-de) and another substitute account for Austria (Lottoland-AT).
MyAffiliates: the affiliate management software known as MyAffiliates: Codeworx Pty Ltd
Unit 2, 50 Anderson StFortitude Valley, Queensland 4006 Australia.
MyAffiliates ID: an account with MyAffiliates dedicated to the Affiliate.
Player: any person who registers an account with Lottoland and deposits money after having been referred to Lottoland by the Affiliate pursuant to the Affiliate Services.
Player deposit: The net amount deposited on the Lottoland website by the Player.
1.2 The clause headings and sub-headings are for guidance and clarity only and shall not be binding on the parties in the event of any conflict with the provisions of the clauses.
2. Registration for the Affiliate Program
2.1 By submitting an application form to become an affiliate of Lottoland, the Affiliate makes an offer to Lottoland to be bound by this Contract.
2.2 Lottoland can accept the offer within an adequate timeframe. The offer is deemed to be accepted in the event:
3. Subject of Change
3.1 These conditions apply for the contract to the exclusion of all other conditions, which the affiliate wants to enjoin or include, or which are implied by industry, commercial practice, practice or usual processing.
3.2 Lottoland is entitled to modify these conditions at any point. Modifications become effective by advising the affiliate of the modifications on the Lottoland affiliate website. Modifications become effective on the following day at 00:00.
3.3 The commissions are conditionally to the right of Lottoland to modify the reward plan at any time. Modifications become effective by advising the affiliate of the modifications on the Lottoland afiliate website. Modifications become effective on the following day at 00:00.
3.4 Any further side-agreement require agreement in written form and the signature of both contracting parties.
4. Obligations of Lottoland
Provision of MyAffiliates ID
4.1 As soon as reasonably possible after the Commencement Date, Lottoland will provide the Affiliate with a MyAffiliates ID which will enable the Affiliate to access MyAffiliates in order to manage its provision of the Affiliate Services.
Provision of materials
4.2 Lottoland will use reasonable endeavors to provide the following Lottoland Materials to the Affiliate through MyAffiliates:
Other obligations and terms
4.4 The Affiliate acknowledges that MyAffiliates is provided by a third-party provider and accordingly Lottoland provides no guarantees to the Affiliate in relation to the availability, functionality or performance of MyAffiliates.
4.5 Whilst Lottoland endeavors to ensure that the Lottoland Website is fully operational at all times, it provides no warranties or representations as to the uptime, availability or functionality of the Lottoland Website and the Affiliate acknowledges that Lottoland may take the Lottoland Website down at any time and for any reason, including for routine or emergency maintenance.
4.6 The parties acknowledge and agree that Lottoland will be solely responsible for the provision of services to the Player on the Lottoland Website and that any contract in relation to the same shall be between the Player and Lottoland.
5. Obligations of the Affiliate
5.1 For the duration of the Contract, the Affiliate will:
5.4 It is the responsibility of the Affiliate to properly implement the Lottoland Materials. Lottoland will not be liable to pay any Commission to the Affiliate in relation to any revenue earned that is not tracked through MyAffiliates due to the acts or omissions of the Affiliate.
5.5 In relation to Social Media, all partners must contact Lottoland before proceeding with any promotional activity to ensure that we are all compliant with the legal restrictions for the respective network. Any unauthorised content could have consequences that will affect the affiliate programme.
5.6 In relation to advertising, the Affiliate must ensure that any marketing of free bets and bonus offers do not amount to or involve misleading actions or misleading omissions and abide by the relevant provisions contained within the CAP and BCAP rules and associated guidance. In particular, where a free bet or bonus offer is displayed, the terms and conditions associated with such a promotion must be visible with sufficient prominence, does not take the customer to a log-in or join sections without providing terms and conditions of the offer and ensures that any such conditions must be above the fold for both web and email marketing. Where displays are limited in both time and space, the terms and conditions are not more than one click away and the link is displayed with sufficient prominence.
6. Payment Method / Rewarding of Affiliates
6.1 Lottoland will not pay a Commission to the Affiliate if one or more of the following events:
Calculation and payment
6.2 The Commission will be calculated on a monthly basis, and subject to the remaining provisions of this clause 6, will be paid within 30 days at the end of the previous calendar month in which the Commission has accrued.
6.3 Lottoland may, without limiting its other rights or remedies, set off any amount owed to it by the Affiliate against any amount payable by Lottoland to the Affiliate as agreed in the Contract.
6.4 Except in the case of an error or fraud, Lottoland's calculation of Commission shall be final.
6.5 All amounts payable by Lottoland under the Contract are exclusive of amounts in respect of value added tax (VAT). Where any VAT is payable under the Contract by the Affiliate to Lottoland, Lottoland shall not pay to the Affiliate such additional amounts in respect of VAT.
Threshold
6.6 No sums shall be paid in any month unless the Commission due is at least £50 or €50 (the Threshold). If the Commission is less than the Threshold in any month, such Commission shall be carried forward to the following month and shall be payable in accordance with clause 6.2 when the cumulative Commission is equal to or greater than the Threshold.
Negative carryover
6.7 There will be no carry over of any negative net revenue in any month.
Negative carryover of chargebacks
6.8 In the event of a negative net deposit figure due to chargebacks received, this figure will be carried over to the following month. If the account has a negative balance for two consecutive months, the Affiliate is obliged to refund the commissions that were paid to the Affiliate in relation to the chargeback amount.
Suspension for inactivity
6.9 In addition to Lottoland's rights at clause 6.1, Lottoland reserves the right to suspend the Affiliate's access to MyAffiliates and to suspend Commission payments if the Affiliate fails to refer any new depositing Players to Lottoland in a 3-month period. Reinstatement will be at the sole and absolute discretion of Lottoland.
Method of payment
6.10 The available methods of payment are determined by Lottoland and are detailed on the Lottoland affiliate signup form, available on the Lottoland Affiliate Website. The Affiliate can, after successful verification of their given data by the responsible person at Lottoland, permit Lottoland pay out his Commissions to him through any available payment method. A minimum amount of pay-out can be determined according to the chosen method of payment.
Other payment provisions
6.11 Lottoland may withhold and/or cease payment of any Commission if it has reasonable grounds for believing that the Affiliate has breached any term of this Contract or has acted dishonestly.
6.12 Lottoland may also withhold payment of any Commission if it has reasonable grounds for believing that the payment of such Commission may cause Lottoland or the Affiliate to be in breach of any applicable laws, rules or regulations in any jurisdiction.
6.13 The Affiliate agrees to promptly repay to Lottoland on demand any monies already paid to it arising from any of the circumstances set out in clauses 6.8 together with all reasonable legal costs and other expenses incurred by Lottoland in investigating the matter and recovering any losses that it has suffered.
6.14 Lottoland will only pay Commissions on promotions that Lottoland itself has put online on the platform made available to Affiliates. Lottoland will not pay a Commission for any promotion which is uploaded to this platform by a party other than Lottoland. Lottoland reserves its right to terminate the existing business relationship with any Affiliate in breach of this condition with immediate effect.
7. Intellectual property and domain names
IP rights of the contractual parties
7.1 Each party shall retain all Intellectual Property Rights in its name, logos, slogans, trademarks and any other material that it currently uses or may use in future.
Grant of limited license
7.2 Lottoland grants to the Affiliate a non-exclusive, revocable, royalty-free license to use the Lottoland Materials for the duration of this Contract solely for the purposes of performing the Affiliate Services. Except as provided in this Contract or by law, the Affiliate shall not be permitted to copy, modify or reverse engineer the Lottoland Materials.
No warranties
7.3 The Lottoland Materials are provided without any warranties or representations as to their accuracy or non-infringement. The Affiliate undertakes to inform Lottoland immediately in the event that it receives notification of any kind of infringement and will immediately remove the infringing Lottoland Materials from its website.
Lottoland Materials
7.4 All Lottoland Materials are, and shall remain, the exclusive property of Lottoland and shall remain as such notwithstanding the use of the same by the Affiliate.
Keyword bidding
7.5 The Affiliate agrees that it will not bid on any keywords or search terms used by internet search engines if the keyword or search term is identical to or might possibly be confused with any trade marks, slogan or other intellectual property utilised by Lottoland unless prior written approval is obtained.
No domain name registration
7.6 The Affiliate will not attempt to register any domain names with any resemblance to Lottoland or any other domain name owned or used by Lottoland save that the Affiliate will be permitted with prior written approval from Lottoland, and for the purposes of this Contract only, to include the words Lottoland as a resource identifier in a URL (for example: http://www.affiliatename.com/lottoland). Lottoland will provide details of its registered domains on request.
Cash-Back, Bonus or Retargeting-Partner and advertisement for third parties
7.7 The Affiliate will not attempt to build up own Cash-Back, Bonus, Retargeting or similar programs nor will they combine Lottoland promotions with offers of third parties or bind them to offers of third parties. Every such attempt requires the explicit written approval by Lottoland.
Forwarding pages and domains
7.8 The Affiliate will not use pure forwarding pages (javascript / iFrame) or forwarding-domains such as de.vu.
8. Indemnity
8.1 The Affiliate shall keep Lottoland indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Lottoland as a result of or in connection with:
9. Liability
9.1 Save for any liability arising under clause 8.1, neither party shall be liable to the other for any:
9.2 Lottoland shall not be liable to the affiliate for any losses of the Affiliate due to direct or indirect damages or secondary damages, no matter if by an unauthorized (including negligent) breach of contract or otherwise.
9.3 Lottoland shall not be liable to the Affiliate for any losses of the Affiliate whatsoever arising from the non-availability, lack of functionality or loss of use of MyAffiliates or the Lottoland Website.
9.4 The Affiliate acknowledges that the Contract is made between the Affiliate and Lottoland and that MyAffiliates shall have no liability in relation to any dispute arising from it.
9.5 Nothing in this Contract limits or excludes any liability for death or personal injury arising from negligence or for fraud or fraudulent misrepresentation.
10. Duration of Contract and Cancellation
Termination at any time
10.1 Either party may terminate this Contract at any time (and without needing to give reasons) by serving notice on the other party in writing.
Written notice from the Affiliate to Lottoland to be sent by email to: [[email protected]]
Consequences of termination
10.2 On termination of the Contract for any reason, the licence to use Lottoland Materials and all benefits under the Contract shall immediately terminate and the Affiliate shall immediately cease providing the Affiliate Services and shall:
No trailing Commission
10.3 On and from the date of termination of the Contract, Lottoland shall have no further obligation to pay any Commission to the Affiliate other than the Commission accrued up to the date of termination.
Last payment to the Affiliate
10.4 The last payment to the Affiliate by Lottoland can, with reasonable grounds be withheld for up to 6 months (end of period of writing back of payments). At the end of this timeframe, any remaining balance will be paid out completely.
Removal of access to MyAffiliates
10.5 Lottoland will withdraw the Affiliate's account on or as soon as practicable after termination of the Contract.
11.General conditions
Force majeure
11.1 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable.
Assignment and subcontracting
11.2 The Affiliate shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Lottoland.
11.3 Lottoland may at any time assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
Waiver and cumulative remedies
11.4 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.5 The rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance
11.6 If a court or any other competent authority finds that any provision (or part of any provision) of the Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
11.7 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No partnership or procuration
11.8 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. The Affiliate shall not have authority to act as agent for Lottoland, or enter into a commitment for Lottoland
No rights for third parties
11.9 A person who is not a party to the Contract shall not have any rights to enforce any term of under the Contract.
Governing law and jurisdiction
11.10 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of Gibraltar.
11.11 Each party irrevocably agrees that the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
These Terms and Conditions (T&C) may be updated from time to time without notice and will become binding upon publication. You can review the most current version of the T&C any time on this page.
Table of Content Terms and Conditions:
1. Interpretation
2.Registration for the Affiliate Program
3. Subject of Change
4. Obligations of Lottoland
5. Obligations of the Affiliate
6. Payment Method / Rewarding of Affiliates
7. Intellectual Property
8. Indemnity
9. Liability
10. Duration of Contract and Cancellation
1. Interpretation
1.1 In these Terms and Conditions, the following definitions apply:
Affiliate: the person, firm or company supplying the Affiliate Services.
Affiliate Services: the advertising and promotional services performed by the Affiliate under this Contract.
Business Day: a day other than a Saturday, Sunday or a public holiday in Gibraltar.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 3.
Contract: the contract between Lottoland and the Affiliate incorporating these Conditions.
Commission: the payments due to the Affiliate from Lottoland under this Contract (which may comprise a percentage share of Player Deposit and/ or a Fixed Payment) as set out on http://www.lottolandaffiliates.com or, if different, as detailed on the MyAffiliates account or as agreed between the parties in writing.
Fixed Payment: a fixed and one-off payment to the Affiliate from Lottoland regardless of the number of Players.
Free Stake Customers: customers that receive an offer from Lottoland whereby Lottoland agree to pay the stake of a specified value for certain bets, games, spins etc. This includes but is not limited to free lotto bets, free game plays, free spins etc.
Intellectual Property Rights: all patents, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Lottoland: Lottoland Services Limited, is a Gibraltar registered company with registered number 115304 whose registered office is at Suite A, Ocean Village Promenade, Ocean Village, GX11 1AA Gibraltar.
Lottoland affiliate website: The website under the domain on http://www.lottolandaffiliates.com where Lottoland provides information about the possibility to sign up for the Lottoland Affiliate Program.
Lottoland Materials: has the meaning given in clause 4.2 and shall include any other material given to Affiliate by Lottoland from time to time.
Lottoland Website: the web pages (including www.lottoland.com) operated by Lottoland, relating to the online business carried on by Lottoland.
Merchant Account: one or more substitute accounts held by the Affiliate under its MyAffiliates ID for each market, e.g. one substitute account for Germany (Lottoland-de) and another substitute account for Austria (Lottoland-AT).
MyAffiliates: the affiliate management software known as MyAffiliates: Codeworx Pty Ltd
Unit 2, 50 Anderson StFortitude Valley, Queensland 4006 Australia.
MyAffiliates ID: an account with MyAffiliates dedicated to the Affiliate.
Player: any person who registers an account with Lottoland and deposits money after having been referred to Lottoland by the Affiliate pursuant to the Affiliate Services.
Player deposit: The net amount deposited on the Lottoland website by the Player.
1.2 The clause headings and sub-headings are for guidance and clarity only and shall not be binding on the parties in the event of any conflict with the provisions of the clauses.
2. Registration for the Affiliate Program
2.1 By submitting an application form to become an affiliate of Lottoland, the Affiliate makes an offer to Lottoland to be bound by this Contract.
2.2 Lottoland can accept the offer within an adequate timeframe. The offer is deemed to be accepted in the event:
- Lottoland expressly informs the Affiliate in writing via email that it has been accepted; or
- any act by Lottoland consistent with appointing the Affiliate as an affiliate (for example, by assigning a MyAffiliates ID to the Affiliate), at which point and on which date the Contract shall come into existence (the Commencement Date).
3. Subject of Change
3.1 These conditions apply for the contract to the exclusion of all other conditions, which the affiliate wants to enjoin or include, or which are implied by industry, commercial practice, practice or usual processing.
3.2 Lottoland is entitled to modify these conditions at any point. Modifications become effective by advising the affiliate of the modifications on the Lottoland affiliate website. Modifications become effective on the following day at 00:00.
3.3 The commissions are conditionally to the right of Lottoland to modify the reward plan at any time. Modifications become effective by advising the affiliate of the modifications on the Lottoland afiliate website. Modifications become effective on the following day at 00:00.
3.4 Any further side-agreement require agreement in written form and the signature of both contracting parties.
4. Obligations of Lottoland
Provision of MyAffiliates ID
4.1 As soon as reasonably possible after the Commencement Date, Lottoland will provide the Affiliate with a MyAffiliates ID which will enable the Affiliate to access MyAffiliates in order to manage its provision of the Affiliate Services.
Provision of materials
4.2 Lottoland will use reasonable endeavors to provide the following Lottoland Materials to the Affiliate through MyAffiliates:
- graphic content for use in banner ads or other web content;
- details of promotions or offers that Lottoland is running and which may be promoted by the Affiliate; and
- a tracking code to be inserted by the Affiliate onto the Affiliate's website.
Other obligations and terms
4.4 The Affiliate acknowledges that MyAffiliates is provided by a third-party provider and accordingly Lottoland provides no guarantees to the Affiliate in relation to the availability, functionality or performance of MyAffiliates.
4.5 Whilst Lottoland endeavors to ensure that the Lottoland Website is fully operational at all times, it provides no warranties or representations as to the uptime, availability or functionality of the Lottoland Website and the Affiliate acknowledges that Lottoland may take the Lottoland Website down at any time and for any reason, including for routine or emergency maintenance.
4.6 The parties acknowledge and agree that Lottoland will be solely responsible for the provision of services to the Player on the Lottoland Website and that any contract in relation to the same shall be between the Player and Lottoland.
5. Obligations of the Affiliate
5.1 For the duration of the Contract, the Affiliate will:
- use all reasonable commercial efforts to market and promote the Lottoland Website with the aim of introducing new players to Lottoland;
- comply with any guidelines or instructions given to it by Lottoland;
- comply with all applicable laws and regulations and the UK Gambling Commission License conditions and codes of practice,
- provide such information to Lottoland as it may reasonably require in order to enable Lottoland to comply with their information reporting and other obligations to the UK Gambling Commission;
- use the Lottoland Materials solely for the purpose of performing the Affiliate Services and not modify the Lottoland Materials in any way;
- keep its MyAffiliates ID and password secure and take all reasonable steps to avoid unauthorised access by any third party;
- be solely responsible for checking the correct functioning of any tracking code and links provided to it as part of the Lottoland Materials; and
- be solely responsible for all aspects of the provision of the Affiliate Services including, for example, the costs of setting up and maintaining its website or other promotional material.
- when promoting Lottoland, to remain fully compliant in regards of copy and creative. For UK, Australia and other English-speaking markets, using terms such as Bet when promoting a Lottery and not misleading users into thinking they are purchasing a lottery ticket, by using terms such as 'tickets', 'play, and 'lines'.
- only use the links, creative and copy provided in the MyAffiliates platform. Any affiliate using any other links, creative or copy may have their Commission declined and may also be suspended from the Lottoland Affiliate programme indefinitely.
- have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
- keep their account details up to date, including payment and contact details.
- undertake any activity or publish any material (whether on its website or otherwise) which is illegal, defamatory, discriminatory, obscene, unlawful or which is sexually explicit, pornographic or otherwise distasteful;
- publish any material that infringes upon the Intellectual Property Rights or other rights of Lottoland or any third party;
- publish any material on a website that infringes upon the Intellectual Property Rights or copyrights of Lottoland or any other third party (the updated list of websites can be found here - https://llcrm.s3.amazonaws.com/copyright/copyright_infringement_websites.pdf[EZ1] );
- actively target persons under the age of 18 or persons located in any jurisdiction where gambling or the promotion of gambling is unlawful (including those jurisdictions listed on Lottoland's terms and conditions www.lottoland.com/en/terms);
- send spam emails, text messages or other communications whether electronic or otherwise;
- use metatags or code which infringe the Intellectual Property Rights of any third party;
- use any material other than the Lottoland Materials for the purposes of performing the Affiliate Services;
- hold itself out (by way of its website or otherwise) as Lottoland and will not make any representations about any services provided by Lottoland unless authorised by Lottoland;
- do anything which may give rise to a risk of confusion between the Affiliate and Lottoland;
- engage in any practice which may be considered deceptive or a nuisance such as altering browser home pages without informed consent, supplying or downloading software which does not function as advertised, installing software covertly, dropping cookies or using multiple or forced pop-up screens;
- other than as contained in the Lottoland Materials, use the names, logos, trade marks, slogans or any other intellectual property owned or used by Lottoland.
5.4 It is the responsibility of the Affiliate to properly implement the Lottoland Materials. Lottoland will not be liable to pay any Commission to the Affiliate in relation to any revenue earned that is not tracked through MyAffiliates due to the acts or omissions of the Affiliate.
5.5 In relation to Social Media, all partners must contact Lottoland before proceeding with any promotional activity to ensure that we are all compliant with the legal restrictions for the respective network. Any unauthorised content could have consequences that will affect the affiliate programme.
5.6 In relation to advertising, the Affiliate must ensure that any marketing of free bets and bonus offers do not amount to or involve misleading actions or misleading omissions and abide by the relevant provisions contained within the CAP and BCAP rules and associated guidance. In particular, where a free bet or bonus offer is displayed, the terms and conditions associated with such a promotion must be visible with sufficient prominence, does not take the customer to a log-in or join sections without providing terms and conditions of the offer and ensures that any such conditions must be above the fold for both web and email marketing. Where displays are limited in both time and space, the terms and conditions are not more than one click away and the link is displayed with sufficient prominence.
6. Payment Method / Rewarding of Affiliates
6.1 Lottoland will not pay a Commission to the Affiliate if one or more of the following events:
- An Affiliate account is suspended or closed due to fraudulent activity, including high number of chargebacks (as determined by Lottoland in its sole and absolute discretion);
- An Affiliate and/or Merchant Account is suspended or closed if the Affiliate has not driven a new depositing player within a 3-month period for the respective Merchant Account;
- An Affiliate will not be rewarded and/or be entitled to a Commission for Free Stake Customers; or
- The Affiliate's account details and/or payment details are not kept up to date and Lottoland has used reasonable endeavours to contact the Affiliate in order to update such details.
Calculation and payment
6.2 The Commission will be calculated on a monthly basis, and subject to the remaining provisions of this clause 6, will be paid within 30 days at the end of the previous calendar month in which the Commission has accrued.
6.3 Lottoland may, without limiting its other rights or remedies, set off any amount owed to it by the Affiliate against any amount payable by Lottoland to the Affiliate as agreed in the Contract.
6.4 Except in the case of an error or fraud, Lottoland's calculation of Commission shall be final.
6.5 All amounts payable by Lottoland under the Contract are exclusive of amounts in respect of value added tax (VAT). Where any VAT is payable under the Contract by the Affiliate to Lottoland, Lottoland shall not pay to the Affiliate such additional amounts in respect of VAT.
Threshold
6.6 No sums shall be paid in any month unless the Commission due is at least £50 or €50 (the Threshold). If the Commission is less than the Threshold in any month, such Commission shall be carried forward to the following month and shall be payable in accordance with clause 6.2 when the cumulative Commission is equal to or greater than the Threshold.
Negative carryover
6.7 There will be no carry over of any negative net revenue in any month.
Negative carryover of chargebacks
6.8 In the event of a negative net deposit figure due to chargebacks received, this figure will be carried over to the following month. If the account has a negative balance for two consecutive months, the Affiliate is obliged to refund the commissions that were paid to the Affiliate in relation to the chargeback amount.
Suspension for inactivity
6.9 In addition to Lottoland's rights at clause 6.1, Lottoland reserves the right to suspend the Affiliate's access to MyAffiliates and to suspend Commission payments if the Affiliate fails to refer any new depositing Players to Lottoland in a 3-month period. Reinstatement will be at the sole and absolute discretion of Lottoland.
Method of payment
6.10 The available methods of payment are determined by Lottoland and are detailed on the Lottoland affiliate signup form, available on the Lottoland Affiliate Website. The Affiliate can, after successful verification of their given data by the responsible person at Lottoland, permit Lottoland pay out his Commissions to him through any available payment method. A minimum amount of pay-out can be determined according to the chosen method of payment.
Other payment provisions
6.11 Lottoland may withhold and/or cease payment of any Commission if it has reasonable grounds for believing that the Affiliate has breached any term of this Contract or has acted dishonestly.
6.12 Lottoland may also withhold payment of any Commission if it has reasonable grounds for believing that the payment of such Commission may cause Lottoland or the Affiliate to be in breach of any applicable laws, rules or regulations in any jurisdiction.
6.13 The Affiliate agrees to promptly repay to Lottoland on demand any monies already paid to it arising from any of the circumstances set out in clauses 6.8 together with all reasonable legal costs and other expenses incurred by Lottoland in investigating the matter and recovering any losses that it has suffered.
6.14 Lottoland will only pay Commissions on promotions that Lottoland itself has put online on the platform made available to Affiliates. Lottoland will not pay a Commission for any promotion which is uploaded to this platform by a party other than Lottoland. Lottoland reserves its right to terminate the existing business relationship with any Affiliate in breach of this condition with immediate effect.
7. Intellectual property and domain names
IP rights of the contractual parties
7.1 Each party shall retain all Intellectual Property Rights in its name, logos, slogans, trademarks and any other material that it currently uses or may use in future.
Grant of limited license
7.2 Lottoland grants to the Affiliate a non-exclusive, revocable, royalty-free license to use the Lottoland Materials for the duration of this Contract solely for the purposes of performing the Affiliate Services. Except as provided in this Contract or by law, the Affiliate shall not be permitted to copy, modify or reverse engineer the Lottoland Materials.
No warranties
7.3 The Lottoland Materials are provided without any warranties or representations as to their accuracy or non-infringement. The Affiliate undertakes to inform Lottoland immediately in the event that it receives notification of any kind of infringement and will immediately remove the infringing Lottoland Materials from its website.
Lottoland Materials
7.4 All Lottoland Materials are, and shall remain, the exclusive property of Lottoland and shall remain as such notwithstanding the use of the same by the Affiliate.
Keyword bidding
7.5 The Affiliate agrees that it will not bid on any keywords or search terms used by internet search engines if the keyword or search term is identical to or might possibly be confused with any trade marks, slogan or other intellectual property utilised by Lottoland unless prior written approval is obtained.
No domain name registration
7.6 The Affiliate will not attempt to register any domain names with any resemblance to Lottoland or any other domain name owned or used by Lottoland save that the Affiliate will be permitted with prior written approval from Lottoland, and for the purposes of this Contract only, to include the words Lottoland as a resource identifier in a URL (for example: http://www.affiliatename.com/lottoland). Lottoland will provide details of its registered domains on request.
Cash-Back, Bonus or Retargeting-Partner and advertisement for third parties
7.7 The Affiliate will not attempt to build up own Cash-Back, Bonus, Retargeting or similar programs nor will they combine Lottoland promotions with offers of third parties or bind them to offers of third parties. Every such attempt requires the explicit written approval by Lottoland.
Forwarding pages and domains
7.8 The Affiliate will not use pure forwarding pages (javascript / iFrame) or forwarding-domains such as de.vu.
8. Indemnity
8.1 The Affiliate shall keep Lottoland indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Lottoland as a result of or in connection with:
- any claim made against Lottoland by a third party arising out of, or in connection with, the supply of the Affiliate Services, to the extent that such claim arises out of the breach or negligent performance of the Contract by the Affiliate, its employees, agents or subcontractors; and
- any claim made against the Affiliate by a third party arising out of, or in connection with, the supply of the Affiliate Services, to the extent that such claim arises out of the breach or negligent performance of the Contract by the Affiliate, its employees, agents or subcontractors; and
- any claim brought against Lottoland for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with the Affiliate Services (save where the claim has arisen due to the acts or omissions of Lottoland).
9. Liability
9.1 Save for any liability arising under clause 8.1, neither party shall be liable to the other for any:
- loss of revenue or profits;
- loss of business;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- special, indirect or consequential loss,
9.2 Lottoland shall not be liable to the affiliate for any losses of the Affiliate due to direct or indirect damages or secondary damages, no matter if by an unauthorized (including negligent) breach of contract or otherwise.
9.3 Lottoland shall not be liable to the Affiliate for any losses of the Affiliate whatsoever arising from the non-availability, lack of functionality or loss of use of MyAffiliates or the Lottoland Website.
9.4 The Affiliate acknowledges that the Contract is made between the Affiliate and Lottoland and that MyAffiliates shall have no liability in relation to any dispute arising from it.
9.5 Nothing in this Contract limits or excludes any liability for death or personal injury arising from negligence or for fraud or fraudulent misrepresentation.
10. Duration of Contract and Cancellation
Termination at any time
10.1 Either party may terminate this Contract at any time (and without needing to give reasons) by serving notice on the other party in writing.
Written notice from the Affiliate to Lottoland to be sent by email to: [[email protected]]
Consequences of termination
10.2 On termination of the Contract for any reason, the licence to use Lottoland Materials and all benefits under the Contract shall immediately terminate and the Affiliate shall immediately cease providing the Affiliate Services and shall:
- remove all Lottoland Materials and any references to Lottoland from its website together with any other references to Lottoland;
- destroy any electronically stored information that the Affiliate has been given by Lottoland (including any Lottoland Materials that the Affiliate has downloaded);
- return to Lottoland any hard copies of materials supplied to it by Lottoland and destroy any hard copies of materials produced by the Affiliate for the purposes of performing the Affiliate Services; and
- on request, certify to Lottoland that it has complied with the provisions of this clause.
No trailing Commission
10.3 On and from the date of termination of the Contract, Lottoland shall have no further obligation to pay any Commission to the Affiliate other than the Commission accrued up to the date of termination.
Last payment to the Affiliate
10.4 The last payment to the Affiliate by Lottoland can, with reasonable grounds be withheld for up to 6 months (end of period of writing back of payments). At the end of this timeframe, any remaining balance will be paid out completely.
Removal of access to MyAffiliates
10.5 Lottoland will withdraw the Affiliate's account on or as soon as practicable after termination of the Contract.
11.General conditions
Force majeure
11.1 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable.
Assignment and subcontracting
11.2 The Affiliate shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Lottoland.
11.3 Lottoland may at any time assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
Waiver and cumulative remedies
11.4 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.5 The rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance
11.6 If a court or any other competent authority finds that any provision (or part of any provision) of the Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
11.7 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No partnership or procuration
11.8 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. The Affiliate shall not have authority to act as agent for Lottoland, or enter into a commitment for Lottoland
No rights for third parties
11.9 A person who is not a party to the Contract shall not have any rights to enforce any term of under the Contract.
Governing law and jurisdiction
11.10 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of Gibraltar.
11.11 Each party irrevocably agrees that the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.
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