Ikibu Affiliate Program
Terms and Conditions("Terms")
Welcome to the Ikibu AffiliateProgram (the "Program"). "Ikibu," alsoreferred to in these Terms as "we" or "us”.
These Terms are a binding contract between you and Ikibu which govern yourparticipation in the Program. By participating in the Program, you agree to bebound by the most current version of these Terms, which we may amend from timeto time. The most current version of these Terms will be posted on the Programweb site here: https://www.affiliates.ikibu.com/termsandconditions It isyour responsibility to ensure that you are familiar with the most currentversion of these Terms, and your continued participation in the Program afterwe post an updated version of these Terms shall constitute your expressagreement to be bound by the updated Terms. In the event you do not agree withthe updated Terms, your only recourse shall be to terminate your participationin the Program.
Sharing confidential information (Check glossary) by any means will beconsidered a breach of these terms and conditions. We have the right to takeany legal actions and terminate this agreement at our sole discretion.
If you have any questions or concerns about these Terms or the Program,please send an email to: email@example.com
In these Terms, the followingwords and expressions shall have the following meanings:
Affiliate ID: A tracking mechanism provided to the Affiliateby Ikibu for the purposes of tracking customer referral activities.
Approved Marketing Activities: Any lawful marketing activity conducted incompliance with these Terms which has been approved in writing by an authorizedIkibu representative.
Ikibu Marks: Any trademark owned by Ikibu or its affiliatedcompanies and licensors, including but not limited to: IkibuCasino
Ikibu Site(s): Any Ikibu operated website, in connection withwhich Ikibu makes Marketing Materials available to Affiliates through theProgram for the purpose of the Affiliate performing affiliate marketingservices in accordance with these Terms.
Chargeback: Where a customer, a credit card issuing bank, orany other third party payment solution provider effects a reversal of chargesin relation to a credit card or purchase transaction.
Commission: The commission earned in connection with theaffiliate marketing activities performed in accordance with these Terms.
Deductible Costs: Any third party costs incurred by Ikibu inconnection with the operation of the Ikibu Sites which are attributable to theactivity of any New Customer(s), including but not limited to any paymentprocessing charges, license fees, royalties, and other applicable third partypayments.
Fraudulent Activity: A deceptive act or omission which is, in thesole discretion of Ikibu, performed in order to secure a real or potential,unfair or unlawful advantage; or any conduct that Ikibu, in its solediscretion, determines to be fraudulent, deceptive or dishonest, which shallinclude, but shall not be limited to, fraudulent credit card transactions,Chargebacks, Match Betting, false or automated account creation and anycollusion or cheating by an Affiliate or a customer.
Marketing Material: Banners, URLs, text, graphics and/or otherpromotional materials made available for marketing purposes through the ProgramPortal.
New Customer: A natural person who is at least 18 years oldthat the Affiliate directs to a Ikibu Site and who can be linked to theAffiliate’s Affiliate ID, who is eligible to open an account on a Ikibu Siteand: (a) who successfully opens a new account on a Ikibu Site in accordancewith the Site’s applicable terms and conditions; and (b) who has not had aprevious account on any Ikibu Site.
Program Portal: The website used by Ikibu to manage the Program, currently located at www.affiliates.ikibu.com
Prohibited Site: Any website, forum, social media platformor other communications medium, regardless of type, upon which the advertisementof gambling-related activity is unlawful or otherwise prohibited.
Spam: Unsolicited e-mail, SMS or other communicationsent indiscriminately to one or more mailing lists, individuals, forum ornewsgroups.
Unsuitable Site: Any website, forum, social media platform orother communications medium, regardless of type, which is: aimed at children;intended to appeal to minors; promotes or glorifies violence; promotesdiscrimination based on race, sex, religion, nationality, disability, sexualorientation or age; promotes illegal activity; violates or enables the violationof intellectual property rights; violates the rights of privacy of others; isobscene or contains explicit sexual content; contains or promotes any unlawfulbehavior or content; contains or provides links to malicious or harmfulsoftware, keyloggers, trojans, viruses or malware; or which Ikibu believes, inits sole discretion, may bring Ikibu or its affiliated companies and brandsinto disrepute, or which may prejudice the interests of Ikibu or its affiliatedcompanies and brands.
1. Joining the Program
1.1 If you are not already registered as a Ikibu Affiliate and wish toparticipate in the Program, you must first submit a completed application onthe Ikibu Affiliates Program Portal located at: www.affiliate.ikibu.com Bysubmitting an application, you represent and warrant that:
a) the information provided inyour Affiliate application is correct and up-to-date and you will update it asrequired on an ongoing basis in order to ensure that it remains correct;
b) you have not alreadyregistered as an Affiliate (only one Affiliate account is permitted perperson);
c) you are at least 18 yearsof age, legally capable of entering into a binding contract, and you are notaware of any legal, commercial, contractual or other restriction against yourparticipation in the Program in accordance with these Terms; and
d) in the event that you areregistering on behalf of a company, that you have the full right, power andauthority to enter into these Terms on behalf of the company.
1.2 Within a reasonable timeafter we receive your completed application, but not later than fourteen (14)days after receipt, we shall evaluate your application and notify you inwriting of our decision to accept or reject it. In the event we have notapproved your application within fourteen (14) days after receipt, it shall bedeemed rejected. All decisions are final and are in Ikibu’s sole discretion.
1.3 You undertake, that ifthere should, at any time during your participation in the Program, occur anyevent which may cause any of the above warranties to become false, or which mayprevent you from wholly fulfilling your obligations in accordance with theseTerms, you shall promptly notify your Ikibu Affiliates account representative,and Ikibu shall be entitled to terminate your participation in the Programimmediately, without the requirement to make any further payments to you.
2.Your Use of Ikibu’sMarketing Materials
2.1 In the event that you areaccepted as an Affiliate into the Program, Ikibu shall, during the course ofyour participation in the Program and subject to your compliance with theseTerms, grant you a non-exclusive, non-transferable, revocable, limited rightand license to distribute the Marketing Materials on your Affiliate Website forthe sole purpose of referring New Customers to Ikibu Sites in return forCommissions. You may not use or distribute the Marketing Materials for anyother purpose unless you have received our express written approval to conductApproved Marketing Activities, which we may approve or reject in our solediscretion.
2.2 All Marketing Materialshall be made available to you through the Ikibu Affiliates Program Portal andmay be updated by us from time to time. You undertake and agree that you shallonly use the current versions of the Marketing Material and shall promptlydiscontinue the use of any Marketing Material which is out of date or no longeravailable on the Program Portal. It is your responsibility to check the ProgramPortal for updated Marketing Material on a regular basis.
2.3 You undertake and agreethat you will not modify any of the Marketing Material which is made availableto you and that you will not, without our specific written approval, market orpromote Ikibu using any promotional materials not provided or approved inwriting by Ikibu.
2.4 In the event Ikibudesignates any Marketing Materials as subject to particular restrictions (forexample, campaign start/end dates, demographic limitations, etc.), youundertake and agree that you shall only use the Marketing Materials inaccordance with such designated restrictions.
3. Customer Tracking andReports
3.1 You are responsible forensuring that all referred customers are properly tagged with your AffiliateID. You will not receive credit for New Customers who are not properly taggedor who we are unable to otherwise properly associate with your Affiliate ID.
3.2 We shall track all NewCustomer activity relevant to the calculation of your Affiliate Commissions.You agree that our statistics and calculations in relation to the tracking ofNew Customer activity and the calculation of your Affiliate Commission shall befinal.
3.3 We will provide you withonline access to reports of New Customer Activity through the Program Portal.The form, content and frequency of our reporting may vary from time to time, atour sole discretion.
4. Your Obligations
4.1 As a condition of yourparticipation in the Affiliate Program, you undertake, warrant and agree thatall use of the Marketing Materials and all activities undertaken in connectionwith the Affiliate Program shall be lawful and in strict accordance with theseTerms and any Special Terms (as defined below) set out in the Program Portal.
4.2 As a condition of yourparticipation in the Affiliate Program, you further undertake, warrant andagree that you shall not conduct any activities in connection with anyUnsuitable Site or any Prohibited Site.
4.3 You agree to use your bestefforts to market and promote the Ikibu Sites in a manner consistent with goodbusiness ethics and in good faith towards Ikibu.
4.4 You acknowledge that yourpromotion of the Ikibu Sites has the potential to inflict substantial damage toIkibu and Ikibu’s reputation and goodwill, and that you shall at all times actin a manner that will not harm the reputation and goodwill of Ikibu.
4.5 You shall not: (a)undertake any action which may have a detrimental impact on the ability ofIkibu to be qualified for or to hold or maintain any license, permit orapproval granted, or to be granted, by any competent authority, or (b)undertake any action which could reasonably be construed as bringing Ikibu intoMaterial Disrepute, where “Material Disrepute” means any condition whichcould reasonably and objectively be seen to create a material negativeperception of the integrity of Ikibu or the Program.
4.6 We prohibit any Affiliateactivity in connection with any content or material which contains: (a) theintellectual property of others for which the Affiliate is not properlylicensed to use; (b) information that is unlawful, harmful, threatening,obscene, discriminatory, scandalous, fraudulent or offensive; (c) anyinformation that may subject Ikibu to any cause of action, in law, equity orotherwise; or (d) any information which Ikibu, in its sole discretion,determines to be objectionable, harmful, in bad taste, or potentially damagingto the interests and goodwill of Ikibu or the Program.
4.7 Your activities must notinvolve any marketing or promotional activity which may have the potential todeceive, confuse or mislead users, or which may infringe on any third partyrights, including the rights of privacy, publicity, or Intellectual Propertyrights. You shall ensure that the Marketing Materials are displayed only inconnection with web sites and materials which are lawful, proper, professionaland tasteful.
4.8 Your Affiliate Site(s)must not copy the look and feel of the Ikibu Sites or have the potential tocause the impression that any sites or landing pages used by you are owned,operated or affiliated with Ikibu or any of its associated brands. You are notentitled to present any Ikibu Marks, logos, graphics or other Ikibu materialson your Affiliate Site or marketing materials other than the MarketingMaterials provided to you by Ikibu through the Program.
4.9 Ikibu reserves the rightto demand the immediate takedown or modification of any materials that youdistribute, or to demand the cessation of any or all marketing activity inconnection with the Program or Ikibu, at any time and in Ikibu’s solediscretion. You agree that we are entitled to review your affiliate marketingactivities from time to time and that we may approve/reject marketing methodsand Affiliate Sites used by you in our sole discretion. You undertake and agreeto provide prompt assistance and full cooperation in connection with anyrequests made by Ikibu in this regard.
4.10 If requested by Ikibu,you undertake and agree to provide Ikibu with all such information anddocumentation as we may reasonably require to verify your compliance with theseTerms, or which we may require for our regulatory or legal purposes.
4.11 You agree that you shallneither offer nor provide incentives (financial or otherwise) to any potentialNew Customer without the prior written approval of Ikibu, excluding thestandard promotional programs which Ikibu may make available to you from timeto time through the Program.
4.12 You will not knowinglybenefit from known or suspected activity not performed in good faith (oralternatively, performed in bad faith), whether or not such activity actuallycauses damage to Ikibu.
4.13 You may not be a party(whether directly or indirectly) to any illegal activity or Fraudulent Activityin connection with your participation in the Program.
4.14 You undertake and agreeto maintain complete records, during and for a period of two years after thetermination or expiration of your participation in the Program, regarding youractivity in the Program and any marketing or promotional activity undertaken infurtherance thereof.
4.15 You acknowledge and agreethat in performing your obligations under these Terms, you are strictlyprohibited from marketing and promoting the Ikibu Sites to residents of theProhibited Territories and you shall exercise all possible technical andoperational measures to prevent marketing to residents of the ProhibitedTerritories.
4.16 You acknowledge and agreethat any breach of the aforementioned obligations shall be deemed a materialbreach of these Terms resulting in your immediate termination from the Program.
5. No Spam; No Marketing toSelf-Excluded Customers
5.1 You will not send anymarketing SMS, email or other communications relating to Ikibu or the Programwithout our prior written consent. In order for Ikibu to properly considerwhether its consent shall be granted, you shall provide us with:
a) A complete list of theintended recipients of any proposed marketing campaign, which list we shallreview to verify that marketing materials are not to be sent to any person whohas a self-exclusion agreement in place with us;
b) Written confirmation thatall proposed email, SMS or other communications comprising the proposedcampaign shall include an option to opt-out of receiving further suchcommunications; and
c) Written confirmation thatthe proposed recipients of the campaign have respectively provided the necessaryconsents to receive communications of the type proposed (“opt in”) andhave not since opted out.
5.2 If we incur any cost inconnection with Spam sent by you or anyone on your behalf, these costs will bededucted from any Commissions due to you under these Terms. Should our costsnot be covered by the funds in your account we have the right to offset futureCommission payments or pursue other alternative means for obtaining paymentfrom you. Should your Affiliate account not be active, or otherwise notgenerating Commission payments, then we shall have the right to demand paymentdirectly from you.
5.3 Should you require more information regarding our Spam policy, orshould you wish to report any incidences of Spam please contact us at firstname.lastname@example.org
6. Legal Compliance
6.1 Your activities shallcomply with all applicable laws and industry practices applicable to onlinemarketing; online advertising; and the marketing of online gambling sites,including but not limited to:
a) the UK Gambling Act 2005;
b) Licence Conditions andCodes of Practice;
c) the UK CAP Code; and
d) the IGRG Industry Code forSocially Responsible Advertising.
6.2 Without reservation, youagree that all activities undertaken by you in connection with the Program willuphold the highest ethical standards including but not limited to the licensingobjectives established by the UK Gambling Act 2005:
a) preventing gambling frombeing a source of crime or disorder, being associated with crime or disorder orbeing used to support crime;
b) ensuring that gambling isconducted in a fair and open way; and
c) protecting children andother vulnerable persons from being harmed or exploited by gambling.
6.3 You undertake to observeall applicable directives, laws and regulations applicable to the use ofcookies or the use, processing, storage and transfer of personal data,including but not limited to the EU Data Protection Directive 95/46/EC, EUPrivacy and the Electronic Communications Directive 2002/58, or any implementingor related legislation of any member state in the European Economic Area.
6.4 Any electronic messages orother communications sent by you, or caused to be sent by you, shall be free ofSpam and in full compliance with all regulations related to the sending ofcommercial electronic messages, including the Privacy and ElectronicCommunications (EC Directive) Regulations 2003 and the EU Data ProtectionDirective 95/46/EC.
6.5 It is your obligation tofamiliarize yourself with the laws, regulations and codes of practiceapplicable to the activities you conduct in relation to your participation inthe Program. To the extent you are marketing to potential customers residingoutside of the United Kingdom, you are required to abide by any applicablelaws, regulations and codes of practice applicable to those jurisdictions. Inthe absence of any specific governing laws, regulations or codes of practice,the standards set out above shall apply.
7. Ikibu’s IntellectualProperty Rights
7.1 Ikibu and its licensorsretain full and exclusive ownership of the Ikibu Sites, Ikibu Marks, MarketingMaterials, any reports, documentation or materials provided in connection withthe Program, and any Intellectual Property rights, associated thereto. Noright, title or interest in the foregoing is conveyed hereunder, except for anon-exclusive, revocable, limited license to distribute the Marketing Materialsin accordance with these Terms. Any rights that are not expressly grantedherein are reserved by Ikibu and its licensors.
7.2 You acknowledge and agreethat Ikibu’s Intellectual Property will at all times remain the property ofIkibu and its licensors. You further acknowledge that you have no claim orright of whatever nature in and to the aforesaid Intellectual Property, otherthan the limited rights conveyed herein.
7.3 You undertake and agree that you shall not assert the invalidity,unenforceability or contest the ownership of any of the Intellectual Propertyrights of Ikibu or its licensors in any action or proceeding whatsoever andshall not take any action that may prejudice Ikibu’s or its licensors' rightsin such Intellectual Property.
7.4 You undertake and agree that you will not register any domain name thatincludes, incorporates or consists of any Ikibu Mark or any domain name that isconfusingly similar to the Ikibu Marks. You undertake and agree that you shall,upon request by Ikibu, promptly transfer ownership of any domain namesregistered in violation of this Agreement to Ikibu or any third partydesignated by Ikibu. This obligation shall survive the termination of theseTerms.
7.5 You undertake and agree that you shall not make any bid on any internetsearch engine using keywords including the Ikibu Marks or words that areconfusingly similar to the Ikibu Marks.
8. Your Warranties
8.1 By participating in the Program, you represent, warrant and undertakethat:
a) your activities shall fully comply with these Terms;
b) you shall not solicit any potential customers by way of any offersexcept for the current offers made available through the Program;
c) you have the ability, experience, expertise and resources to perform allof your obligations hereunder in accordance with these Terms;
d) you understand and agree that the marketing activity undertaken by youin connection with the Program, and your conduct as an Affiliate has thepotential to inflict substantial damage to Ikibu’s reputation and goodwill, andas a result you shall at all times consider and act in the best interests ofIkibu and shall preserve the goodwill and reputation of Ikibu and Ikibu’s name;
e) you shall not undertake any activities in violation of our intellectualproperty rights, including but not limited to: brand bidding, registering orusing any domains with confusingly similar names to the Ikibu Marks, copyingthe “look and feel” of our sites or software, using any Ikibu Marks, brandingor logos except as expressly permitted by these Terms, or modifying anyMarketing Materials we make available on the Program Portal;
f) you have evaluated the applicable laws relating to your activities andobligations hereunder and you have independently concluded that you canparticipate in this Program and fulfil your obligations hereunder withoutviolating any applicable rule of law; and
g) you will not knowingly benefit from known or suspected traffic notgenerated in good faith, or via Spam, whether or not it actually causes damage.This includes but is not limited to you registering customer accounts orplaying under your own Affiliate tracking links and or any other FraudulentActivity.
9. Restricted Territories
9.1 By entering into these Terms you undertake that you will not:
a) actively target potential customers located in United States ofAmerica (and its dependencies, military bases and territories including but notlimited to American Samoa, Cyprus, Guam, Marshall Islands, Northern MarianaIslands, Puerto Rico, and Virgin Islands), Afghanistan, Algeria, Belgium,Bouvet Island, British Indian Ocean Territory, Bulgaria, Comoros, CzechRepublic, Denmark, Ecuador, Estonia, Ethiopia, France, Greece, Greenland, Guam,Holy See (Vatican City State), Hong Kong, Hungary, India, Indonesia, Iran,Iraq, Ireland (sports betting prohibited), Israel, Italy, Jordan, DemocraticPeople’s Republic of Korea, Kuwait, Libya, Malaysia, Montenegro, Myanmar, NewCaledonia, Nigeria, Pakistan, State of Palestine, Philippines, Poland,Portugal, Romania, Singapore, Slovenia, Somalia, South Africa, South Georgiaand the South Sandwich Islands, South Sudan, Spain, Sudan, Syria, The FaroeIslands, Turkey, Western Sahara, Yemen (the “Prohibited Territories”),including, but not limited to, sending correspondence, the use of bannering,off-line advertising and direct marketing any traffic or customers emanatingfrom domains or URLs based in any of these countries.
9.2 You understand and agree that you are not entitled to any Commissionsor fees applicable to any activity related to the Prohibited Territories. Youfurther agree that the list of Prohibited Territories may be updated from timeto time, and in the event a territory is added to the list of ProhibitedTerritories, we shall be entitled to cease paying you any Commissions or feesapplicable to customers from such territories.
10. Commission Calculations
10.1 You are eligible to earn Commission payments in connection with gamblingactivity by New Customers referred by you, as further set out herein. Youunderstand and agree that we may vary these Commission rates from time to time,in our sole discretion.
10.2 You are only eligible to receive ongoing Commission payments during yourparticipation in the Program, and only during the time you continue to referNew Customers in accordance with these Terms. You will no longer receiveCommission payments in the event your participation in the Program isterminated for any reason.
10.3 You shall receive Commissions based on the number of New Customersreferred by you during the month, and based on the types of games played bythose customers:
You are eligible to receive a Commission based on the percentage of casinoNet Revenue generated by the New Customers referred by you. The calculation isbased on the number of New Customers referred by you during the calendar month:
0-10 New Customers: 25% of casino Net Revenue
51+ New Customers: 45% of casino Net Revenue
11. Periods of Inactivity
11.1 In the event that you fail to refer any New Customers during anyconsecutive 3-month period, we reserve the right to reduce your Commission rateto a flat rate of no more than 25% of Net Revenue until you introduce a totalof 3 New Customers within a 3-month period, at which point (effective upon yourreferral of the third New Customer) your Commission rate will revert to thestandard Commission rates set out above.
12. Cost Per Acquisition (CPA) Payments
12.1 If you are entitled to receive a CPA payment under the terms of awritten agreement between you and Ikibu, you will receive a one-time CPApayment to be established by Ikibu in its sole discretion (the “CPA Payment”)for every New Customer you refer who meets the following qualifications:
a) The customer meets the territory and age requirements to lawfullyregister an account on the Site and participate in online gambling activity;
b) The customer successfully completes a first-time registration on theSite and opens an account subject to the Site’s terms and conditions; and
c) The customer deposits the minimum required amount of twenty(20) £/€/$, or its equivalent in other currencies, and meets theminimum wagering activity requirements, as established by Ikibu and agreed inwriting.
12.2 Where a Chargeback is received against a New Customer, or issuance ofa credit to a New Customer occurs, that customer will not be eligible for a CPAPayment, and any CPA Payment previously made to you in respect of such NewCustomer will be deducted from future payments to you.
12.3 In case of self-exclusion or account closure, by the player or by anymeans, the affiliate won’t be entitled to any CPA commission. An email will be sent to you in order to confirm the ammount deducted.
13. General Commission Terms
13.1 We may conduct special promotions related to certain products,services, games, customer activity, special events, and other matters throughthe Program Portal from time to time (“Special Promotions”) and inconnection with same, establish certain additional terms, Commission rates, CPApay-out rates, incentives, deposit and wagering requirements, or otheradditional terms and conditions (“Special Terms”). In the event you wishto participate in one of the Special Promotions, you understand and agree thatsuch participation will be subject to the Special Terms, as applicable.
13.2 All payments due to you are based on our own statistics, records andcalculations. All decisions made by us regarding the tracking, calculation orpayment of your Commissions or other payments shall be made by us in our solediscretion.
13.3 We reserve the right to review all activity in connection with yourparticipation in the Program for possible Fraudulent Activity or activity whichwe believe in our sole discretion to be in bad faith or violation of theseTerms.
13.3.1 Ikibu reserves the right to take actions against any affiliates orits referred players that show patterns of manipulating the Program or thesystem in anyway whatsoever. If we determine at our sole discretion that suchconduct is being practiced, we may withhold and keep any commission paymentaccrued to the benefit of the relevant affiliate at such time and thereafterand terminate this agreement with immediate effect.
13.4 We do not pay for customers who have already registered an account atone of our Sites. If the customer already exists in our system, or the systemof any Site, you are not eligible to receive any payments for the customer.
13.5 We do not pay fees or commissions in connection with roulette playingschemes or casino systems where players are advised on how to play to beat thecasino.
13.6 Unless you have entered into a separate written agreement with uspermitting such payments, we do not pay for incentivized traffic in any form.
13.7 You will not be entitled to any payment related to any customeractivity and/or traffic that we deem, in our sole discretion, to be unlawful,abusive, not generated in good faith, or based on Fraudulent Activity.
13.8 We do not pay for any customer activity related to brand bidding orany activity which we consider to be a breach of our intellectual propertyrights.
13.9 We reserve the right to pass on any Fraud Costs to your account. TheseFraud Costs shall be deducted from any payment owed to you. In the event theFraud Costs exceed the amount of payments owed to you, we reserve the right tocollect such sums from you directly.
13.10 We reserve the right to refuse any potential New Customer, to close acustomer's account, or to take other action which we may deem necessary inorder to preserve the integrity or safety of the Ikibu Sites. In the event thatwe refuse, suspend or close any customer's account for any reason, you will notbe entitled to earn Commissions in respect of those customer accounts.
14. Payment Terms
14.1 We will process the fees earned by you in the previous calendar month between the 10th and 20th of the following month.
14.2 We shall not be liable to you in any amount whatsoever for latepayments due to technical, third party or any other unforeseen events.
14.3 Payment shall be made to you by way of the method selected by you onregistration, but only in US dollars, UK pounds or Euros at the market exchangerate.
14.4 You will only be paid once you have a balance of €100 owing to you (orthe local currency equivalent).
14.5 Payments will be done through bank transfer only unless another method agreed otherwise (please, note we don't use Neteller nor Paypal). Affiliates must provide their bank details in 'Payment Preferences' in order to receive their commission.
14.6 You will not be able to change your payment details in your accountduring the 10 (ten) working day period prior to the date we make payment toyou, and any attempts by you to make such changes during this period will berejected. To ensure your payments are properly processed, it is your soleresponsibility to ensure that the correct payment details are entered at least5 (five) working days prior to the payment date.
14.6.1 If any change has been made on these terms by the affiliate, they must be notified to the Affiliate or Finance team as soon as possible.
14.6.2 If changes haven't been notified to Ikibu on time, we don't take any responsability for the ammounts not received by the affiliate. If any fees are charged from the bank to Ikibu, we reserve the right to disccount this ammount from the Affiliate's commission.
14.7 You are responsible for the reporting and payment of any taxes,tariffs or other governmental fees, charges or levies applicable to anyCommission payable to you in connection with your participation in the Program.All amounts payable to you are exclusive of all sales, use, value-added,withholding, and other taxes and duties. You undertake and agree to promptlyreimburse Ikibu for any and all taxes or duties that Ikibu may be required topay in connection with your participation in the Program, except for taxespayable on Ikibu’s net income.
14.8 We reserve the right to change the fee payment schedules and methodsof calculation at any time, in our sole discretion.
15. Negative Carry-Over
15.1 In the event that the total Net Revenue from your referred customersis negative for a given month, the negative balance will not be carried overfrom month to month.
16. High-Roller Policy
16.1 In any given month, if a referred customer generates a negative NetRevenue of €10,000 or more at any time (in which case, the customer shall bereferred to as a “High-Roller”), and your aggregated Net Revenue in thatmonth (across all referred customers and game types) is negative €2,000 or more,then the negative Net Revenue generated by the High-Roller will be carriedforward and offset against future Net Revenue generated by that High-Rolleruntil the negative balance (the “High-roller Balance”) reaches zero.
16.2 The High-roller Balance carried forward is not set off against othercustomers’ Net Revenue, only the Net Revenue generated by the High-Roller.
16.3 The High-roller Balance carried forward will not be greater than thetotal aggregate negative Net Revenue generated by your referred customersduring that month.
16.4 If more than one High-Roller is designated during the same calendarmonth, the aggregate negative balance carried forward will be splitproportionally between them.
16.5 The High-roller Balance of a High-Roller will be reduced by futurepositive Net Revenue that the High-Roller generates in subsequent months. TheHighrolled Balance will not be increased by future negative Net Revenue unlessthe High-Roller meets the qualifying criteria to be classified as a“High-Roller” during the applicable month.
16.6 Affiliates who have qualifying High-Rollers on their account will benotified at the beginning of the following month.
17. Affiliate Networks
17.1 If you are joining the Program in the capacity of an affiliatemarketing network, you represent, warrant and undertake that the terms andconditions of your marketing network are at least as restrictive as those setout herein, and that you shall be responsible for all activity undertaken byyour affiliates. Ikibu reserves the right in its sole discretion to requestwritten documentation of your compliance with this clause, and your failure topromptly provide such documentation upon request shall be deemed a materialbreach of these terms.
18. Ownership of Customer Data
18.1 You acknowledge and agree that all information relating to anyreferred customer is the exclusive and sole property of Ikibu and that youshall have no rights therein whatsoever excluding any information that yougather independently, outside of your participation in the Program.
18.2 You acknowledge and agree that any data we collect from you may betransferred to, and stored at, a destination outside the European Economic Area("EEA"). It may also be processed by staff operating outsidethe EEA who work for us or for one of our suppliers.
19.1 All rights and licenses granted to you hereunder are non-transferableand non-sublicensable, save that you may assign or delegate any of your dutiesor obligations to a sub-affiliate approved in writing by Ikibu (the “Sub-Affiliates”).Ikibu reserves the right in its sole discretion to require your Sub-Affiliatesto join the Program as a condition of their undertaking any activities as aSub-Affiliate.
19.2 You are responsible for ensuring that all activity of anySub-Affiliates is in full compliance with these Terms, and any duties andobligations applicable to you hereunder shall equally apply to theSub-Affiliates. Between you and Ikibu, you shall be solely responsible forensuring the full compliance with these Terms by Sub-Affiliates, and you shallremain solely responsible for any acts or omissions of your Sub-Affiliates inviolation of these Terms.
19.3 You are entitled to receive 7% of the Net Revenue generated by asingle tier of Sub-Affiliates referred by you when the Sub-Affiliate activityis undertaken in strict compliance with these Terms. You shall not receive anyother payment or compensation from such Sub-Affiliates under these Terms, andyou are not entitled to receive any payment from any sub-Sub-Affiliates or anyother tier of affiliates other than a single tier of Sub-Affiliates.
20. Restriction on Activities by Related Persons / Entities
20.1 In order to prevent the potential for abuse and Fraudulent Activity,Ikibu does not pay Commissions for customer referrals in certain circumstances,such as when you have an existing relationship with the referred customer.While decisions shall be taken on a case-by-case basis, we provide forillustration purposes the following non-exhaustive list of scenarios whereCommissions shall not be paid:
a) you shall not earn a Commission on the activity of any Sub-Affiliate if:(a) in the event that you are a juristic entity, such Sub-Affiliate is youremployee, director, shareholder or agent or (b) in the event that you are anatural person, such Sub-Affiliate is your employee, agent or direct familymember;
b) you shall not earn any fees or Commissions on any additional Programaccount set up by you, or on your behalf;
c) you shall not earn Commission on any Program account/s set up by youremployees or immediate family members, or on their behalf; or
d) if you, or, if applicable, your employees, agents, or family members,sign up as a customer on one of the Ikibu Sites after being referred to thesite by you, we will not pay any Commissions or amounts related to suchactivity and we have the right to terminate your enrolment in the Program andcancel these Terms.
21. Account Security
21.1 You are responsible to guard the security of your Program username andpassword, and may not share your login details with any third party. You shallbe solely responsible for all activity occurring under your Affiliate account.
21.2 We may require you from time to time to positively verify your accountdetails in order to receive continuing Commissions or to prevent FraudulentActivity in connection with your account. This is to protect both you and usfrom potential illegal or Fraudulent Activity. This verification process mayrequire the submission of additional personal documentation proving identity,payment and physical address details.
22.1 During your participation in the Program, we may share with youcertain Confidential Information owned by Ikibu or its licensors. You undertakeand agree that you will not use the Confidential Information for any purposeother than to discharge your obligations to Ikibu in accordance with theseTerms, and that you will not publish or disclose the Confidential Informationto any third party without our express written permission.
22.2 You undertake and agree to take all reasonable measures to maintainthe confidentiality of our Confidential Information, which will in no event beless than reasonable care.
23. Money Laundering; Anti-Bribery
23.1 You undertake and agree that your participation in the Program shallnot, directly or indirectly, encourage, benefit from, or be party/privy to, anymoney laundering or related illegal activities. Ikibu strictly prohibits, andundertakes efforts to prevent, money-laundering activities and other activitiesthat may facilitate money-laundering or the funding of terrorist or criminalactivities in connection with the Program. You hereby agree to provide Ikibu orits designated agents with all requested assistance and documentation inconnection with such efforts, including but not limited to: (a) forindividuals, copies of your current: passport, driving licence, utility bill,bank statement, or other documents; or (b) in the case of a corporation, copiesof: the company's certificate of incorporation, constitutional documentation,identity of the directors, officers and beneficial owners of the company. Youagree that Ikibu may undertake independent identity verification procedures inits sole discretion which may include the procurement of information frompublic or private sources for identity verification and crime preventionpurposes.
23.2 You understand and agree that some jurisdictions in which we operatehave strict laws on money laundering that may impose an obligation upon us toreport you to the federal or local authorities within such jurisdictions if weknow, suspect or have reason to suspect, that any transactions in which you aredirectly, or indirectly, involved, involve funds, derived from illegalactivities, or are intended to conceal funds derived from illegal activities orinvolve the use of the Program to facilitate criminal activity.
23.3 You understand and agree that, if we have any knowledge, belief orsuspicion that any money laundering or illegal activity may have occurred, wemay at our absolute discretion: (a) immediately suspend, deregister orterminate your membership of the Program; (b) decline to pay you any furtherCommission and/or (c) report you to the aforementioned federal or localauthorities should we, in our absolute discretion, determine that we areobliged, by law, to do so.
23.4 Ikibu is committed, in accordance with its zero-tolerance policy forbribery and corruption (the “Anti Bribery and Corruption Policy”), toensure that all of its activities and the activities of all of its Affiliatesand business Affiliates comply with all applicable laws and regulations andaccord to the highest principles of corporate ethics. Accordingly, inperforming your activities under these terms, you undertake to comply with allapplicable laws related to the fight against bribery and corruption and shallnot offer, promise, give, authorize, solicit or accept any undue pecuniary or otheradvantage related to any prospective New Customers, “impressions”, “clicks”,“acquisitions”, “installations”, “views”, “leads”, “registrations, paymentsmade under this Agreement or otherwise. Ikibu shall immediately terminate thisAgreement if it determines, in its sole discretion, that any of your activitiesdo not fully comply with this Anti Bribery and Corruption Policy.
24.1 You shall defend, indemnify, and hold us and our directors, officers,employees, and representatives harmless from and against any and allliabilities, losses, damages, and costs, including reasonable attorney's fees,resulting from, arising out of, or in any way connected with your performanceof your duties and obligations under these Terms, the performance of yourSub-Affiliates’ duties and obligations under these Terms, or any breach by youor a Sub-Affiliate of these Terms or any warranty, representation, or agreementcontained in these Terms.
24.2 In the event we are subject to any third party claim or investigationas a result of the activities of you or any Sub-Affiliate in connection withthese Terms, we reserve the right to withhold any Commission, fee or otheramount due, as an offset against any cost or liability which may attach as aresult of such claim or investigation, in addition to any other remedyavailable to us.
25. Disclaimer of Warranty
25.1 We make no express or implied warranties or representations withrespect to the Program, the Marketing Material, the Program Portal, or anyIkibu Site, including, without limitation, any warranties of fitness,merchantability, legality, non-infringement, or any implied warranties arisingout of the course of performance, dealing, or trade usage. In addition, we makeno representation that the operation of our site (including any trackingmechanisms) will be uninterrupted or error-free, and we make no guaranteesregarding the amount of Commissions which may be generated as a result of yourparticipation in the Program. We will not be liable for the consequences of anysuch interruptions or errors.
26. Limitation of Liability
26.1 Except in the event of: (a) bodily injury or death caused by Ikibu’snegligence, or (b) any liability which cannot be excluded as a matter of law,Ikibu’s total and aggregate liability towards Affiliate or any third party,whether in an action based on contract, tort, warranty or any other legaltheory, shall not exceed the amount of fees or Commissions generated by youduring the twelve month period prior to the incident giving rise to liability,and (ii) in no event will Ikibu be liable toward Affiliate or any third partyfor any special, indirect, incidental, punitive or consequential damages,including but not limited to damages for loss of profits, business, revenue, oreconomic advantage.
27. Term and Termination
27.1 These Terms will come into effect upon your submission of yourregistration to the Program and shall continue until your participation in theProgram is terminated for any reason.
27.2 Either party may terminate this Agreement for convenience at any time,effective upon written notice to the other.
27.3 Any notice of termination shall be given in writing by either Party tothe other. For purposes of notification of termination, delivery via e-mail isconsidered a written and immediate form of notification and the Terms shallaccordingly terminate with immediate effect.
27.4 In the event of termination of these Terms for any reason:
a) all rights and licenses granted to you in these Terms shall immediatelyterminate;
b) you must immediately cease all marketing activity, cease thedistribution of any Marketing Materials, and disable any links from your Siteto any Ikibu Site;
c) you must promptly return to us any Confidential information and/orcustomer information, and all copies of same in your possession, custody andcontrol; and
d) for clarification purposes, termination will not exculpate you from anyliability arising from any breach of these Terms, that occurred prior totermination.
27.5 Upon termination for reasons other than breach of these Terms by you,you shall continue to be entitled for a period of six months to receiveCommissions on the terms and conditions as specified herein.
27.6 In the event we terminate your participation in the Program as aresult of a breach of these terms by you, you shall not be entitled to receiveany additional Commissions effective the date of termination. In the event weterminate your participation in the Program as a result of Fraudulent Activityor activities which we believe to be unlawful or in bad faith, we reserve theright to recover any payments previously made to you and seek the recovery ofall costs incurred in the investigation of such activities and the closure ofyour account, in addition to any other rights and remedies available at law.
28.1 Any notice or communication hereunder shall be in writing, sent viae-mail to the party’s designated address. All notices shall be in English,effective upon sending.
a) The designated e-mail address for Ikibu Affiliatesis: email@example.com
b) Your designated e-mail address is the e-mail address provided by you atthe time of registration.
29. Sale of Your Business
29.1 If you wish to sell, or otherwise dispose of the shares or assets ofyour Affiliate business to a third party (or conclude any transaction of asimilar nature with a third party that will result in an effective change incontrol of your business) you shall be required, prior to completing the sale,disposal or transfer, to:
a) Give us no less than 30 (thirty) days prior written notice of suchintention, provide such details as we may request (which shall include, but notbe limited to, your Affiliate ID and full details of the intended purchaser,including their banking details and, if they are already an affiliate of theProgram, their Affiliate ID) and furnish us with an irrevocable consent andauthority to pay the selling affiliate’s Commission, after the sale iscompleted, to the purchaser, in a form acceptable to us in our sole discretion;and
b) Make the deed of sale subject to the suspensive condition that weapprove such purchaser as an Affiliate of the Affiliate Program and that suchintended purchaser shall, subject to our approval (at our sole discretion) jointhe Affiliate Program.
29.2 You agree that we shall have sole discretion to approve or reject anyproposed assignment, novation or transfer of your rights under these Terms toany prospective purchaser or third party.
29.3 Any approval of your request to novate or transfer your rights to anythird party will terminate your enrolment in the Program on the date of transfer.
29.4 If we reject the intended purchaser as an Affiliate of the Program andyou nevertheless decide to proceed with the sale/change of control ortransaction contemplated above, then we reserve the right to terminate yourenrolment in the Program immediately.
30. Relationship of Parties
30.1 You and Ikibu are independent contractors, and nothing in these Termswill create any partnership, joint venture, agency, franchise, salesrepresentative, or employment relationship between the parties.
30.2 You shall not make any claims, representations, or warranties inconnection with us and you shall have no authority to, and shall not, bind usto any obligations, unless we agree in writing to be so bound.
30.3 You agree that you are not, and shall not be treated as, an employeewith respect to, as applicable, any Internal Revenue Code, Social Security Act,Federal Unemployment Acts, or other federal, state, or local statute,ordinance, rule, or regulation of any country whatsoever similar in purpose tothe aforementioned codes and acts.
31.1 During your participation in the Program, and for a period of 6 monthsafter any termination of such participation, you undertake not, either directlyor indirectly, to solicit, or attempt to solicit, divert or hire away anyperson engaged by Ikibu as an employee, contractor or consultant at the time ofsolicitation or during the 12-month period preceding the solicitation.
31.2 Should you have any doubt as to whether an individual is engaged by Ikibu,then you must, prior to attempting any solicitation of such individual, to makea written inquiry of Ikibu in this regard. Your failure to confirm the statusof any individual prior to a solicitation shall not relieve you from yourduties and obligations under this non-solicitation clause.
31.3 You agree that in the event of a breach of this non-solicitationclause, Ikibu shall suffer substantial and irreparable harm which may not beadequately compensated for by the payment of damages. As a result, Ikibu shallbe entitled to seek injunctive relief in any court of competent jurisdiction toenjoin or prevent such solicitation, and that this will not limit any othercauses of action or legal redress that may be available to Ikibu.
32.1 These Terms will be governed by the laws of Malta without reference torules governing choice of laws. Any action relating to these Terms must bebrought in Malta and you irrevocably consent to the jurisdiction of thesecourts.
32.2 Any disputes arising from or in connection with these Terms shall, atthe request of any Party, be finally resolved in accordance with the rules ofthe Centre for Effective Dispute Resolution ("CEDR") by anarbitrator or arbitrators appointed by CEDR Notwithstanding anything to thecontrary contained in this Paragraph, any Party shall be entitled to apply for,and if successful, be granted, an interdict from any competent court havingjurisdiction.
32.3 Nothing in this Agreement confers or purports to confer on any thirdparty any benefit or right to enforce any term of this Contract and theapplication of the Contracts (Right of Third Parties) Act 1999 is herebyexcluded.
32.4 Except as provided inclauses 19.1 (“Authorization of Sub-Affiliates”) and 29 (“Sale of Business”),you may not assign or delegate any right, duty or obligation under these Terms,by operation of law or otherwise, without our prior written consent. Anyattempted assign, transfer or novation by you in violation of these Terms isvoid and shall have no effect. Subject to that restriction, these Terms will bebinding on, ensure to the benefit of, and enforceable against you and us andyour and our respective successors and assigns.
32.5 Our failure to enforceyour strict performance of any provision of these Terms will not constitute norbe construed as a waiver of our right to subsequently enforce such provision orany other provision of these Terms. No waiver will be implied from conduct orfailure to enforce any rights and must be in writing to be effective.
32.6 Neither party shall beliable hereunder by reason of any failure or delay in the performance of itsobligations hereunder on account of strikes, shortages, riots, insurrection,fires, flood, storm, explosions, acts of God, war, governmental action, laborconditions, earthquakes or any other cause which is beyond the reasonablecontrol of such party.
32.7 The exercise of one ormore of the provisions of these Terms shall not preclude the exercise of anyother provision.
32.8 You acknowledge, confirm,and agree that damages may be inadequate for a breach or a threatened breach ofthese Terms and, in the event of a breach or threatened breach of any provisionof these Terms, the respective rights and obligations of the parties shall beenforceable by specific performance, injunction, or other equitable remedy.Nothing contained in these Terms shall limit or affect any of our rights atlaw, or otherwise, for a breach or threatened breach of any provision of theseTerms.
32.9 Whenever possible, eachprovision of these Terms shall be interpreted in such a manner as to beeffective and valid under applicable law but, if any provision of these Termsis held to be invalid, illegal or unenforceable in any respect, such provisionwill be ineffective only to the extent of such invalidity, or unenforceability,without invalidating the remainder of these Terms or any provision hereof.
32.10 Any headings in these Termsare inserted for convenience only and shall not affect its construction.
32.11 These Terms constitutethe entire agreement between the parties with respect to the subject matterhereof and nullifies all previous understandings, both oral and written, betweenthe parties in respect of the subject matter hereof and shall supersede allprevious agreements between the parties, whether made orally or in writing.
These Terms were last amendedon September 10th 2018