End user license agreement
The “Rules and regulations” section is a document (hereinafter “Agreement”) that represents an agreement between the representatives of JimPartners affiliate program (hereinafter “Affiliate program”) that develops its own casino offers and webmasters (hereinafter “Partners”). The Agreement contains all rules, conditions, and responsibilities of each party.
Please, read the Agreement and everything about the features of work with the Affiliate program. Registration on the website automatically assumes that you agree with all the specified rules and conditions of work with the Affiliate program, and accept this Agreement as valid.
2. Use of definitions in the Agreement
Company is Atlantic Management B.V., (company number: 139089) located at: Emancipatie Boulvard Dominico F. “Don” Martina 29, Curacao. Billing Services are provided by Spotlider Limited (company number: HE 340253) located at: Prevezis 13, 1065, Nicosia, Cyprus, under Billing Agent Agreement #1, dated 06.03.2018.
Revenue sharing (RevShare) / Commission from earnings is a model of work with the Affiliate program that implies that the Partner gets a percentage from the Net profit he or she brings to the Affiliate program. Engaging Players to the Casino, the Partners receives a certain percent from their loss minus Commission from earnings. Net profit of the Casino is a sum of Deposits, made by the Player in the Casino, from which the Commission and Wins are subtracted. All the bonus-related financial fluctuations are also taken into account when calculating the Net profit
CPA payment is a one time payment for the First Deposit of the Player that corresponds to the requirements of the Affiliate program. Payment for the First Deposit of the Player is a marketing activity that is performed by the Partner:
Deposit is the funds that the Player adds to his or her account in the Casino.
First Deposit from the new Player (FTD, FD) is the first replenishment of the balance, made by the Player after first registration in the Casino.
Player is a user that entered the Casino via unique Partner’s link, signed up for the Casino and got his or her unique account and has the right to access the Casino and use it in accordance with the rules and regulations of the Casino and laws.
Refund is a certain operation with a payment card that blocks the card issuer company from charging penalty in case of Fraud or failure to pay from the side of the customer.
Idleness of the Partner is a certain period, during which there are no registrations and First Deposits from the new Players. Terms and conditions of cooperation between the Partner and the Affiliate program as well as the percentage of Partner’s commission under the condition of the Idleness of the Partner will be described in the article 8. Payments and fees.
Fraudulent activity (Fraud) is an activity or an attempt of an activity, performed by the Player or the Partner that:
Fraudulent activity is factual, no matter if it caused the actual harm to the Affiliate program or the Casino. Fraudulent activity also includes such clauses:
Requirements for data security and confidentiality. The Affiliate program demands data protection and nondisclosure of information in accordance with all the valid laws and regulations in the sphere of data processing, confidentiality, and direct marketing. The requirements include all the sets of rules and regulations, published by authorized persons and organs of the corresponding jurisdiction.
Advertising letter is an illustrative material or a text that fits the specific promotional campaign and is periodically sent to Partners by the Affiliate program.
Casino are websites and all the related pages that, promoted and offered by the JimPartners Affiliate program.
Subpartners are persons, who become participants of the JimPartners Affiliate program via referral links of the Partners. The Affiliate program pays the Partners a certain commission reward for the attraction of Subpartners in accordance with the conditions of this Agreement, presented below.
Banners and Texts are textual and illustrated materials that contain hyperlinks with the unique Partner links, necessary for redirection of the Player from the Partner’s website to the Casino.
Partner links. The Affiliate program provides every Partner with unique URLs for tracking the Player’s actions. With the help of the Partner link, the Affiliate program calculates the amount of the Commission for the Partner from the Net profit of the Casino or the amount of the CPA payment, regarding on the scheme of cooperation in each specific case.
Trademarks are any logos, samples, symbols, domain names, trademarks, trade names, and any other identification materials, owned by the Affiliate program and/or by the Casino.
Payouts are the funds that Players transfer from their accounts in the Casino to their credit and debit cards and personal accounts in various payments systems.
3. Participation in the Affiliate program
How to get the status of a Partner? After the Partner signs up for the Affiliate program in correspondence with this Agreement, the Affiliate program will consider the possibility of cooperation with this Partner. If the Affiliate program decides to cooperate with the Partner, this Agreement will immediately come into effect for the Partner and the Affiliate program equally. According to the Agreement, the Affiliate program gives the rights to redirection of the Players to the websites of the Casinos. This Agreement does not give the exclusive right related to potential Players, Casinos or the JimPartners Affiliate program. Partners do not have any rights related to Players, except for the income gaining under the conditions of working by Revenue Sharing model or fixed CPA rate, depending on the scheme of cooperation between the Affiliate program and the Partner. During the course of cooperation between the Affiliate program and the Partner, the Affiliate program has the right to provide additional programs, related to the Casinos or any other websites. At the time of the realization of an additional program, the Partner will not have any additional rights, apart from those provided by the Affiliation program.
Provision of the personal information. One of the conditions of cooperation with the Affiliate program is the submitting of the personal data if necessary. Concerning this, we ask you to pay attention to the 7th article of this Agreement.
4. Rights, restrictions, and responsibilities of the Partners
Promotion of the Casino Accepting the Terms of this Agreement, the Partner undertakes to engage in marketing and promotion of the Casinos, presented by the Affiliate program, and redirect all the potential Players to the Casinos with the help of a unique Partner’s link and mailing advertisements. Before using any promotional materials, the Partner has to get a written confirmation of the Affiliation program for the use of this content. The unique Partner’s link can be included in Texts and Banners. The Partner is responsible for the contents and the method of presentation of promotional materials and any advertising activity. All the methods of advertisement must be held legal and professional and correspond to the conditions of this Agreement and all actual laws and regulations, including the Requirements for data security and confidentiality.
Other marketing activity is forbidden by the Affiliate program. The only way of promotion of the Casinos of the Affiliate program is the support of a unique Partner’s link that leads from the Partner’s website to the Casino and the utilization of Texts, Banners, mailing, targeted and contextual ads, advertisement in social networks and video-networks. Other promotional methods must be coordinated with the Affiliate program, and the Partner has to receive a written notification from the Affiliate program with the permission for using such advertisement. Other means of promotion of the Casinos are forbidden, unless the Affiliate program provided the written permission for other advertising activity beforehand.
The Partner is forbidden:
Legal usage. The Partner holds responsibility for the legality of cooperation with the Affiliate program in accordance with any actual laws and requirements. The Partner agrees that the Affiliate program does not provide any guarantee or juridical recommendations regarding the legality. If the Partner has any doubts on the legality of the Affiliate program, he or she has to consult with the legal advisor. Every Partner undertakes to follow all the actual laws. For the correct and legal work, the Partner has to track any changes in jurisdiction, in which he or she provides the marketing activity on his or her own. With no regard to the general requirements for the legality of the Partners’ work, the Partner is obliged to ensure that all the promotional and marketing activities were conducted in full correspondence with any laws and regulations in the field of advertisement, including the Requirements for data security and confidentiality and the requirements and restrictions on the contents of the posted material.
The Affiliate program’s prohibition of Fraudulent activity. The Affiliate program does not accept Fraudulent activity and inappropriate behavior. The Partner is obliged to not participate, contribute and admit directly or indirectly any Fraudulent activity and to not get profit and stimulate any Fraud. Fraudulent activity concerns the traffic as well. This rule is applied to Fraudulent activity of the Partner, suspected by the Affiliate program on its own.
Age restrictions. Only adults can cooperate with the Affiliate program. Adulthood is defined in accordance with the jurisdiction of a particular country. People under 18 years old cannot work with the Affiliate program under any circumstances. The Affiliate program has the right to ask the Partner for confirmation of his or her adulthood and to block the account temporarily, until the Affiliate program receives the positive confirmation of the Partner’s age.
Protection of the underage. The Partner agrees to not promote the Casinos of the Affiliate program directly or indirectly among underage people and persons under 18 years old in accordance with the jurisdiction of a particular country and to not facilitate such marketing activity. The Partner agrees to not realize and develop any advertising activity of the Casinos of the Affiliate program with the help of the channels, targeted for the persons under 18 years old.
Socially responsible marketing. Despite following all the laws and regulations in the sphere of advertising, the Partner obliges to watch carefully that the created and published content that aims at engaging new Players to the Casino:
Excluded countries. The Partner does not have a right to promote the Casinos within any of the excluded countries, as well as among people, who live on the territory of such country. It is forbidden to participate in drawing the traffic from any restricted country. It is forbidden to facilitate the bypass of the limitations, specified by the Affiliate program or a particular Casino. The list of the Excluded countries is presented below. The Affiliate program has the right to make changes to this list from time to time without notifying the Partners.
The Partner is obliged to check the text of this Agreement for any changes regularly.
Excluded countries: Netherlands, USA, Canada, Spain, France, Italy, Great Britain, and Ukraine.
CPA payments cannot be applied to players from such countries: Netherlands, Ukraine, USA, Canada, Spain, France, Italy, and Great Britain.
Responsibility for the Partner’s website. The Partner is solely responsible for the performance and contents of his or her website. The Partner has to watch that the materials, presented on the website, do not have any features of violence, pornography, slander or obscenity, do not call to discrimination (on the basis of race, religion or any other), are not inappropriate or illegal due to any other reason, communicated by the Affiliate program if necessary. The Partner has to watch that all the content, used on his or her website, is original and authorized for publishing and utilization by its owner. The Partner undertakes to not make complaints, provide guarantees or statements regarding the Affiliate program or the Casinos. The Partner has no right to take responsibility and obligations or provide any guarantees on the behalf of the Affiliate Program or the Casinos.
Refuse from the rewards for the Players. The Partner agrees to not pay the Players any sums or money rewards. The Affiliate program forbids to use motivated traffic as a method of engaging new players. The Affiliate program has the right to withdraw the sum, owed to the Partner, in case of suspecting the utilization of motivated traffic as a way of engaging Players to the Casinos.
Additional restrictions. In addition to these restrictions, the Partner does not have a right to perform or assist other persons to perform:
Confirmation of following the Requirements for data security and confidentiality.
The Partner is obliged:
The Affiliate program obliges to use information, received in accordance with the conditions of this article, exclusively for identifying the correctness of fulfillment of all the obligations of the Partner and for taking actions that can be appropriate in case of failure to fulfill these obligations.
5. Rights and obligations of the Affiliate program
Payments. The Affiliate program obliges to transfer payments to the Partners in accordance with the Payments plan. The Payments plan is presented below in this Agreement.
Reports. Every Partner receives the online-access to the statistics about the Players’ actions and the generated Commission from the Partner’s income. Due to technical errors and malfunctions, inaccuracy in the statistics of the Affiliate program may appear. The Affiliate program has the right to make changes to the statistics in case of noticing the inaccuracy without notifying the Partner.
Obligations on respecting confidentiality. The Affiliate program guarantees confidentiality of the Partner’s personality and information. However, the Affiliate program can hand the information about the Partner and payments to authorities, operators of the Casino, providers of games and services, and various financial institutions in case of any suspicion of illegal, inappropriate or fraudulent actions. In the course of this activity, the Partner obliges to fully cooperate with the Affiliate program. Beside that, the Affiliate program can expose the Partner’s identity to the Players if:
6. Property rights and data
Use of materials for commercial purposes. The Affiliate program offers the Partners such Marketing opportunities that are designed for commercial use. The Partner, his or her friends, relatives, and acquaintances cannot Deposit via individual Partners’ links for their own use. The Partners are not allowed to increase the sums, owed to them in accordance with this Agreement, through any Fraudulent activity.
In case if the Partner wants to evaluate and test the system’s performance, he or she needs to inform the personal manager about this. All operations, executed by the Partner with violation of this condition, will be considered by the Affiliate program as Fraudulent activity, and the sum of corresponding Deposits, made by him or her, as well as the percentage from them, owed to the Partner in accordance with this Agreement, must be subtracted.
Information about the Players. The Partners must follow the Requirements for data security and confidentiality and take necessary precautions to identify the source of data of all the players, storage, use or processing of the information in accordance with the Requirements for data security and confidentiality. Generally, these measures include the Partner’s control in order to make it possible for individuals to provide their consent and get the opportunity to subscribe or unsubscribe from the promotional materials in case of legal request. The Partners are individually responsible for choosing the recipients for the mailing of Advertising letters that must be conducted in accordance with the Requirements for data security and confidentiality. With this Agreement, the Affiliate program states that all the players’ data, provided to the Casinos and the Affiliate program by themselves, is exclusive property of the Affiliate program.
7. The Partner’s Identity
Personal identification of the Partner. In correspondence with the rules of the Affiliate program and this Agreement, the Affiliate program forbids and actively struggles with money laundering, sponsorship of terrorism or any other criminal activity. The Affiliate program can identify the Partner with the help of information that he or she provided himself or herself and the data from the public sources. The Affiliate program will make everything possible to identify the real Partner’s personality. If necessary, the Affiliate program can use the services of third party organizations and establishments to conduct legal expertise, concerning JimPartners’ Partners. One of the conditions of future participation in the Affiliate program is that the Partner agrees to cooperation during this activity and must provide any information, asked by the Affiliate program for these purposes, as well as any consent that might be needed in the course of these actions.
Confirmation of data with documentation. By the request of the Affiliate program, the Partner has to provide supporting documents. In accordance with this Agreement, the Affiliate program has the right to suspend the payments until the supporting documents are received. Supporting documents are all or several of the following documents for individuals:
In case when the Partner is a legal entity, the supporting documents can include:
8. Payments and fees
Payment Plans. The partners receive payments, according to the active Plan. The Affiliate program is obliged to pay the Partner a Commission from revenue in accordance with the conditions, presented below. If cooperation between the Affiliate program and the Partner goes on by the CPA (Cost per Action) model, the payments are made with delay. The payments will be available only to those CPA Partners, who make a written agreement with the managers of the Affiliate program and correspond to the CPA qualifying requirements.
Within the Payments Plan, the Partners receive partnership deductions twice a month in the form of Commission from revenue, depending on Net profit in the Casino that was formed from Deposits of Players of a particular Partner. The Payment is made from 1 to 5 and from 15 to 20 day of every month. There are 2 reporting periods in the Affiliate program, within which the payments are made: from 1 to 15 and from 16 to 30 (31) day of the month.
Commission from revenue makes up: 50% from the casino’s net profit in the first and second month after registration of the new Partner and 40% — in the third month after registration of the new Partner. The 40% Commission gets fixed on the active Partner for the whole period of his or her cooperation with the Affiliate program. Active Partner is the Partner, who constantly direct new Players to the projects of the Affiliate program. In case if the Partner remains inactive for 60 days, his Commission from the net profit of the Casino will be 25%. The Affiliate program has the right to not inform the Partner about changing the Commission’s percentage. In future, the Partner can apply for revision of the Commission’s percentage in case if the Partner resumes to direct new players to the Affiliate program’s projects.
CPA Payments Plan. According to this Agreement and the CPA Payments Plan, the CPA Partner will get a fixed payment for each new Player, engaged by the Partner to one or all Casino projects of the Affiliate program that were coordinated before the work started. In other cases, when the Partner acts without coordination with the representative of the Affiliate program, the Affiliate program has the right to make unilateral decision about the payments for these Players. The CPA Payment is owed to the Partner if the Player corresponds to the requirements of the Affiliate program, completes the first registration in any Casino, presented by the Affiliate program, makes a necessary minimal deposit and shows activity, coordinated between the Partner and the Affiliate program’s manager.
The Partners have to pay attention to the following information:
Final stats and calculations. All the calculations, related to the sum, owed to the Partner (regardless of the CPA Payments Plan or the Revenue Sharing Plan), are made by the Affiliate program on the basis of records and data of special systems of the Affiliate program. Calculations, made by the Affiliate program, are final and mandatory.
Changes to the Payments plan. The Affiliate program has the right to change the Payments plan, chosen by the Partner, and informs the Partners about this with a corresponding written notification. Any changes to the Payments plan of the Affiliate program become valid only after sending the written notification to the Partners. To avoid misunderstandings, all changes to the Payments plan become valid in relation to the Players, who came to the Casino after the written notice about these changes.
Activity of other people. The Partner is obliged to not lay up claim for the Commission from revenue or the CPA Payment and other types of compensations for the activity, performed by other individuals or legal entities, apart from the Partner himself or herself.
Losses of the Partner as a Player. In case of the Partner is a Player in any of the Casinos, presented by the Affiliate program, himself or herself, the Partner’s losses are not included in the percentage from the Players, and the Partner will not receive Commission from revenue, owed to him or her from his or her own Deposits. The Partner also has to present all the accounts in the Affiliate program and the Casinos to the managers of the Affiliate program in order to coordinate the cooperation with the Affiliate program and the use of the Casinos to avoid further misunderstanding and violation of the rules of this Agreement.
Minimum sum of payment. The sum, owed to the Partner, must be no less than 5 USD. In case of not reaching the minimum specified sum for the reporting period, the Affiliate program has the right to transfer this sum to the next reporting period and further on, until the minimum specified sum is reached. All payments transfer in USD, EUR or RUB, according to the agreement between the Affiliate program and the Partner. The Affiliate program transfers the sum, owed to the Partner, only to the accounts, specified in his or her personal cabinet in the Affiliate program. Transferring funds to third parties is forbidden.
It is possible to receive the payment of the Commission from revenue via bank transfer (to bank account). In case if the Partner wants to receive the payment of the Commission from revenue via bank transfer, the minimum sum of the Commission from revenue on the balance must be no less than 1000 USD. Payout of the Commission from revenue via bank transfer must be made in EUR. To receive the payment of the Commission from revenue, the Partner has to ask the Affiliate program for invoice. The Partner can ask for invoice no more than once in 30 days.
Taxes and fees. The Partner has full responsibility for the taxes, fees, and other expenses that can be related to payments, transferred to the Partner by the Affiliate program, including the fee for the transaction processing.
Negative transference. There is a policy of resetting the negative balance in the Affiliate program. The Partner does not have to compensate the negative balance in the next reporting period.
The right for withholding sums. The Affiliate program has the right to withhold any sums, owed to the Partner in accordance with this Agreement, if any Fraudulent activity occurred or planned with the participation of the Partner, regardless of whether the withheld sums are related to these Fraudulent actions or not. If the Affiliate program considers a Player, engaged to the Affiliate program, performs Fraudulent activity, the Affiliate program has the right to withhold any sum on the balance of the Partner. If it is possible to prove that sums, owed to the Partner, were acquired through Fraudulent actions, the Affiliate program has the right to withhold such sums on the balance of the Partner in future. If the Partner provides any financial reward to the Player or, in other words, uses the motivated traffic to engage Players to the Casinos, the Affiliate program has the right to withhold these sums on the balance of the Partner.
The Affiliate program is against any kind of theft and copying if the content or the website, so it has the right to block the account temporarily or completely if it was ascertained that the Partner was stealing and to transfer all sums, owed to the Partner, to the original author of the content. For the effective cooperation between the Affiliate program and the Partners, the Affiliate program provides them with free promotional materials (banners, landings, branding, and unique reviews of the casinos). With the help of these promotional materials, provided by the Affiliate program, the Partners fill up their own sources of traffic and engage Players to the Casinos. The Partner has to ask the personal manager of the Affiliate program for the necessary advertising materials, and the personal manager will provide them to the Partner as soon as possible.
The Affiliate program has the right to suspend or withhold the payouts if the Partner did not provide supporting documents on the Affiliate program’s demand.
If the Affiliate program finds out that the Partner participates in the activity, forbidden by this Agreement, takes action in relation to Excluded countries or performs other violations, specified in this Agreement, the Affiliate program:
Any user becomes a Subpartner of the Affiliate program after following the unique referral link of the Partner and signing up for the Affiliate program, and the latter will track his or her actions in the role of a Subpartner of a particular Partner. Any Subpartner is considered a usual Partner in the Affiliate program. The Subpartner will have the same obligations and work with the Affiliate program under conditions, presented in this Agreement. The Partner along with the Subpartner will be solidary responsible for fulfillment of the Subpartner’s obligations, according to this Agreement.
To encourage the Partners and engage more Subpartners via Partners, the Affiliate program pays 10% from every Subpartner’s income to the Partner in addition to commission payments. Commission payment from the Subpartner is transferred once a month in correspondence with the results of the previous month, along with the regular Partnership payments.
The Partner has no right to call Subpartners any individuals or legal entities that were registered in the Affiliate program in the past and without the unique referral link of the Partner.
All Subpartners are Partners of the Affiliate program and have the right to receive payments, according to the Payments plan, specified in this Agreement. Being a Partner of the Affiliate program, the Subpartner has the right to engage his or her own Subpartners to the Affiliate program and get additional commission to his or her payment.
10. Validity period and termination
The Agreement’s validity period and its termination. This Agreement becomes valid after registration of the Partner on the website of the Affiliate program and remains valid until one of the parties informs the other in the written form about the intention to terminate this Agreement. In case of fulfilment of this rule, the Agreement will be immediately terminated. Any of the parties of this Agreement has the right to terminate this Agreement for any reason or even without a reason at discretion.
A notification, sent via e-mail, can be considered a written notice and thus, corresponds to the rule of the Agreement termination.
In case of prolonged idleness of the Partner’s account, the Affiliate program has the right to consider this Agreement terminated. In order to reactivate the account, the Partner has to turn to the managers of the Affiliate program and coordinate further actions.
The Affiliate program has the right to terminate this Agreement at discretion without violating the condition, specified above, in case when:
Consequences of the Agreement termination. Immediately after termination of the Agreement, the Partner has to delete any Textual materials and Banners from his or her website, as well as any other trademarks, signs, designations, logos, industrial samples, and any materials and graphics, related to the Affiliate program. The Partner also has to deactivate any links that lead from his or her website to the Casinos. All the rights, provided by the Affiliate program, will be canceled immediately.
In case if the Partner did not fulfil these requirements, the Affiliate program has the right to penalize the Partner for a reasonable sum from the Commission from revenue, owed to the Partner, that could have been owed to the Partner in full volume during or after the Agreement termination. The Affiliate program has the right to withhold the last Commission Payment from revenue for the reasonable period to perform the payout of the correct sum in case of any debts or obligations, owed to the Affiliate program. The Affiliate program has the right to subtract the corresponding sum from the Partner’s payment in case of debt or any obligations, owed to it by him or her.
Further engagement of Players to the Casinos will be no longer considered a continuation of this Agreement or a rejection of its termination after the termination.
11. Guarantees of the Partner
In addition to all the guarantees, assurances, responsibilities, and obligations, presented in this Agreement, the Partner also guarantees that:
12. Refuse from the guarantees
If this Agreement does not clearly specify anything else, the Affiliate program does not provide any guarantees (clearly expressed or implied) and does not make any assurances, related to cooperation between the Affiliate program and the Partner, or any other agreements that are covered by this Agreement, including aspects, related to functionality, achievement of a particular goal, product quality and applicability, absence of violations, and legality of deals. The Affiliate program does not provide any guarantees of uninterrupted or errorless performance of the website and does not carry responsibility for consequences of possible failures in performance, errors, and interruptions.
13. Guarantee of exemption from liability
The Partner is obliged to protect and provide non-liability of any kind of the Affiliate program and other Partners, workers, and executives, agents, representative, and CEOs in relation to any obligations, harm, losses, and expenses, related to:
14. Refuse from responsibility in relation to the Casinos
The Affiliate program does not carry any responsibility and does not provide any assurances and guarantees, related to any Casinos, their performance, contents, and other related aspects.
15. Limitation of liability
Any responsibility that emerges from the Agreement between the Affiliate program and the Partner is limited with direct losses. The Affiliate program does not carry any responsibility for specific, indirect, and future losses and harm, including loss of business opportunities, absence of income, contracts and earnings or in a result of loss or damage, even if the Affiliate program received the message about the possibility of losses.
None of the above mentioned conditions of this Agreement cannot be interpreted as rights and methods of legal protection or any advantages for individuals or legal entities, who are not parties of this Agreement.
16. Relationships between the parties
The Affiliate program is a contractor, and the conditions of this Agreement do not provide any rights for creation of any community, agency, joint venture, partnership, franchise or any other labor relationships.
The Partner does not have a right to accept any offers, obligations or assurances on behalf of the Affiliate program. The Partner must refrain from making any statements that can contradict with the above mentioned.
After registration on the Affiliate program’s website and in case of fulfillment of the conditions of this Agreement, the Partner can have confidential information that belongs to the Affiliate program (hereinafter “Confidential information”). The Partner is obliged to keep the Confidential information in secret and not share it with anyone, not use any part of it for any purposes, except for those, specified in this Agreement. Generally known information and public information are not considered Confidential information. Information that should be revealed, according to law or court establishment with a necessary jurisdiction, is not considered Confidential either.
18. Confirmation and independent evaluation
Accepting this Agreement, the Partner confirms that:
The Partner acknowledges that the Affiliate program can demand for engagement of Players under the conditions, not covered or different from the specified in this Agreement at any moment.
19. Making amendments to the Agreement