TERMS AND CONDITIONS
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
1. Definitions
1.1. “Site” and “The Casino” refers to the web properties accessible via http://www.igamingprofits.com , http://www.irishluckcasino.com and related pages.
1.2. "we" and "us" refer to iGamingProfits.com. We are in the business of producing,
marketing and promoting affiliate programs. This service is accessed through the
use of a personal computer, modem and/or direct Internet access.
1.3. "you" “Affiliate” and "Webmaster" refers to the other party to the contract
formed by the acceptance of these Terms and Conditions.
1.4. “Deposit” and “Deposits” denotes funds transferred by players to their real
money gaming account.
1.5. “Customer”, “Player” and “Players” are customers referred to iGamingProfits
properties by the affiliate, using linking codes provided by iGamingProfits.
1.6. “Affiliate ID”, “Your ID” is defined as the unique number or string used
to identify your affiliate account.
1.7. “Tracking code”, “Linking code” is defined as the tracking URL or other
mechanism we provide exclusively, during the term of this Agreement through which
we track your traffic and calculate your earnings. All provided tracking codes will
be unique to you.
1.8. “Adjusted Net Win”, “ANW” and “Earnings” refers to the net revenue earned
by an affiliate through iGamingProfits affiliate program, based solely on our log
files. The calculation for ANW is: ANW = Deposits - Cashouts - Chargebacks
1.9. “Revshare” , “Revenue Share”, “Revenue sharing” is defined the percentage
of ANW payable to you at the end of each calendar month. The default revshare rate
is 35% of ANW generated by players referred by you.
1.10. “CPA” and “Cost per Acquisition” is defined as a payment metric, whereby
we pay you an agreed amount for each “Qualified depositing player”. There is not
a default CPA rate or qualification condition. Rate and conditions will be determined
and agreed upon, in writing, on a case-by-case basis, between iGamingProfits and
the affiliate.
2. Affiliate rights and Obligations
2.1. Your participation in the iGamingProfits program, by using any marketing
material, or accepting any payment or commission from iGamingProfits, deems you
have agreed to be bound by all the terms and conditions set out in this agreement.
The agreement provides you with the non-exclusive right to direct users ("Visitors")
from your site or sites to the iGamingProfits web site network, in return for the
payment of commissions as specified below.
2.2. You desire to obtain from us, and we agree to grant you the non-exclusive
right and license to advertise, market and promote the Service, in accordance with
the following terms and conditions.
2.3. You must be at least 18 years of age to participate in our program,
2.4. You and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. You will have no authority to make
or accept any offers or representations on our behalf. You will not make any statement,
whether on your site or otherwise, that reasonably would contradict anything in
this paragraph.
2.5. You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site. For example, you will
be solely responsible for ensuring that materials posted on your site are not libelous
or otherwise illegal. We disclaim all liability for these matters. Further, you
will indemnify and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys fees) relating to the development, operation, maintenance,
and contents of your site.
2.6. Marketing Methods
2.6.1. By agreeing to this agreement, you are agreeing to create a unique link
from your website(s) an iGamingProfits web site. You may link to our web sites with
banners, icons, text links, Email Creatives, Downloadable exe’s.
2.6.2. iGamingProfits will allow other promotion and linking methods not explicitly
detailed in these terms and conditions, allowing for the noted exemptions. Affiliates
should note, however, that we can only guarantee correct and accurate tracking when
using linking codes generated by our tracking system.
2.6.3. You shall not make any claims, representations, or warranties in connection
with us and you shall have no authority to, and shall not, bind us to any obligations.
2.7. Spam
2.7.1. We will terminate this agreement immediately if there is any form of unsolicited
communication (spamming) or if you advertise our casino in any other way which could
reasonably be construed as SPAM.
2.8. Fraud
2.8.1. You will not knowingly benefit from known or suspected traffic not generated
in good faith whether or not it actually causes damage to iGamingProfits, or its
web site's. Should fraudulent activity arise in relation to an account (including
but not limited to hitbots, CC fraud, IP fraud), we retain the right to retract
the commissions paid to the affiliate at any time. Our decision in this regard will
be final and no correspondence will be entered into. We reserve the right to retain
all amounts due to you under this Agreement if we have reasonable cause to believe
that such traffic has been caused with your knowledge. Sites that ask their surfers
to click , download or in any other way access our site, or our advertising banners
or consoles, in order to access their site or to obtain other goods or services will
be considered fraudulent.
2.8.2. Fraudulent activities will be pursued to the full extent of the law regardless
of country of origin. iGamingProfits has a zero tolerance for fraud.
3. iGamingProfits rights and obligations
3.1. We will track all relevant data on your players and traffic. We will provide
you with remote online access to the necessary statistics for the affiliate programs
you utilize. These reports will be available in real time for most statistics but
may be delayed for hits by several minutes. iGamingProfits will do everything there
power to keep statistics as close to real time as possible but will not be held
responsible for delays in reporting statistics from time to time.
3.2. We will make all reasonable efforts to ensure your traffic is tracked accurately,
regardless of method.
3.3. We will pay you commission based upon the program rates in each affiliate
program. These rates can be varied at our discretion but rate changes will not apply
retrospectively. Any changes in payment rates for individual programs will result
in changed rates on our web site , it is the webmasters responsibility to keep themselves
up to date with the current published rates on the iGamingProfits web site.
3.4. We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or a new agreement
on our site. Modifications may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures, and referral program rules. Your
continued participation in the program following our posting of a change notice
or new agreement on our site will constitute binding acceptance of the change. You
must regularly check the iGamingProfits site and terms as once changes are posted
here they are effective from that date forward. It is up to you to keep yourself
abreast of any changes.
3.5. We reserve the right to move program members (affiliates) from the active
program they are using to the Revenue Share program at the rates current at that
time if the individual affiliates traffic is not performing based upon the average
performance of the program, and the overall performance of the program. A message
will be sent to the email address supplied with the affiliates account. The change
will apply from the day the affiliate is moved and not retrospectively. These changes
will only occur where an entire program is proving unproductive in general and the
individual account is unproductive in relation the average of the program.
4. Commercial Use Only
4.1. This Marketing opportunity is for commercial use only, and you, your family
members, friends; associates may not make Deposits, directly or indirectly, through
your linking codes for your own personal use or to fraudulently increase the Commission
payables to you. If you wish to make test transactions to evaluate the system, including
Deposits, this is allowed, but you must contact support@igamingprofits.com so we
may refund the charges once you have completed your testing. Any transactions made
in violation of this provision will be deemed Fraudulent Traffic and we will deduct
such Deposits or traffic from your Revenue Share or CPA revenue.
4.2. Traffic, Deposits, Play and/or Revenue generated as part of a public audit
of our systems conducted for commercial purposes will be exempted from this provision.
5. Affiliate program(s), fees and payments.
Note
- Affiliates are advised that the rates below are the DEFAULT rates for the various revenue programs.
- If you would like a higher rate, or a deal not detailed on the iGamingProfits website, please contact us.
5.1. Revenue share Program
- Earnings on the revenue share program are calculated using the following formula:
Adjusted Net Win (ANW) = Deposits - Cashouts - Chargebacks.
- The default rate for the revshare program is 35% of the Adjusted Net Win of players referred by the affiliate.
- Affiliates will be paid for the full lifetime of the player. The lifetime will be as long as the contract is not ended due to affiliate breaching this agreement.
5.2. CPA Program
- Affiliates will be paid the agreed amount for each qualified depositor.
- The rate paid per player will be negotiated and agreed upon, in writing,
between the Affiliate and iGamingProfits.
- The rate paid per player will also depend on the volume of qualified depositors
delivered each month.
- The CPA program is only available to approved affiliates.
- Affiliates may apply to send traffic on the CPA program by sending an
email to with “CPA program application” in the subject line.
5.3. Qualified Depositor definition
A “Qualified depositor” is defined as a player referred by the affiliate
who fulfills all of the following conditions:
- Creates a real account
- Deposits $ € £ 80 or more, in a 60-day period, which starts on the date
of their first deposit. (80 units of the currency the player made their
deposit in)
- Generates turnover (wagering) of more than $ € £ 80.
- Does not chargeback, or otherwise dispute their deposit.
5.4. Default CPA payment rates
The table below is created with the sole purposes of providing a default
set of payment values. It does not constitute an agreement or acceptance of
contract to pay for delivered players.
Please note that every CPA agreement will be different. We have provided
these values as an example
| Qualified depositors / month
|
CPA rate per player
|
| 1-10 |
$100 |
| 11-20 |
$125 |
| 21-50 |
$150 |
| 51-100 |
$200 |
| 101-150 |
$220 |
| 151-200 |
$250 |
| 200+ |
Ask |
5.5. Affiliate referral program
- iGamingProfits offers affiliates a 10% affiliate referral program.
- Affiliates who refer other affiliates will be paid 10% of the total earnings
of all their referred affiliates.
- This figure of 10% is based on what iGamingProfits pays to the affiliate,
not their gross income.
5.6. Chargebacks
- If a charge back or credit occurs during the fee payment-processing
period we reserve the right to deduct the associated fees from Advertising
revenues owed to the affiliate .
- We further reserve the right to deduct fees for chargebacks from the
advertising revenues of an affiliate regardless of the date the original
deposit(s) or chargeback(s) are/were made.
5.7. Negative Carryover
- There is no negative carry-over.
- Negative Carry over was turned OFF all accounts effective November 1st, 2008.
- FOR ALL EXISTING ACCOUNTS: Any negative balances present on your account will remain, and earnings will count towards this balance.
- There will be NO further negative carry over added to accounts after November 1st, 2008.
- If there are any future changes to this term, prior notification will be delivered in writing via email and in these terms and conditions.
5.8. Exceptions to the rules of
revenue generation by the member(s) of iGamingProfits, Affiliate Relative(s),
Affiliate Friend(s)
iGamingProfits reserves the right not to pay an affiliate partner for any
activity on their account that was generated by:
- The Affiliate(s).
- Relatives of the Affiliate (IE Wife; Son; Daughter; In Laws: Aunt, Uncle)
- Friends in the case where geographic and demographic repetitive occurrences
relative to the Affiliate that would allow the visible understanding and
to ascertain a basis of collusion to constitute fraudulent activity to network,
perpetrate, and to create "false" deposits to make them appear as "real"
deposits in the Affiliate Program to receive the monetary gain in and from
the " iGamingProfits " Program.
Please note that affiliates ARE permitted to create both “fun” and “Real
money” accounts under their ID’s for testing purposes.
6. Payments
- Payments are made on a monthly basis for commission generated in the previous month.
- Payments will be made by the 15 th of every month.
- Affiliates are required to have current and correct payment details
7. CPA Accounts
7.1. Affiliates sending traffic under the CPA program acknowledge that their
accounts will be reviewed for profitability on an ongoing basis. If accounts
are determined to be unprofitable under the CPA program, they will be switched
to Revshare immediately.
8. No incentivized traffic
8.1. Affiliates are prohibited from offering incentives, monetary or otherwise,
to players for joining the casino and depositing money. Anybody found to be
doing so will have their account immediately suspended and reviewed. Affiliates
found to have engaged in fraudulent activity will have their accounts cancelled
immediately.
9. Exempted Countries – Referred Players
9.1. We do not accept traffic from any of the following countries/regions:
Albania, Armenia, Azerbaijan, Belarus, Cyprus, Estonia, Herzegovina,
Indonesia, Israel, Kosovo, Latvia, Lithuania, Malaysia, Malta, Moldova, Montenegro,
Nigeria, Pakistan, Serbia, Turkey.
10. Exempted Countries – Affiliates
10.1. Affiliates from any of the following countries/regions are not permitted
to join the program: Nigeria, Turkey.
11. Termination of contract
11.1. 11.1. The term of this Agreement will begin when you register as an
affiliate with iGamingProfits, and will be continuous unless and until either
party notifies the other in writing that it wishes to terminate the Agreement,
in which case this Agreement may be terminated immediately.
11.2. Termination is at will, for any reason, by either party. For purposes
of notification, delivery of a notice of termination via e-mail is considered
a written and immediate form of notification.
Upon termination:
a) All rights and licenses given to you in this Agreement shall immediately
terminate.
b) You must remove our banners, graphics, icons and any marketing materials
from your site and disable any links from your site to ours.
c) You will be entitled only to those unpaid referral fees, if any, earned
by you on or prior to the date of termination. You will not be entitled to referral
fees occurring after the date of termination.
d) If you have failed to fulfill your obligations and responsibilities, we
will not pay you the referral fees otherwise owing to you on termination.
e) You will cease all uses of any trade names, trademarks, service marks,
logos and other designations of ours
f) You and we will be released from all obligations and liabilities to each
other occurring or arising after the date of such termination, except with respect
to those obligations that by their nature are designed to survive termination,
as set out in this Agreement.
g) Termination will not relieve you from any liability arising from any breach
of this Agreement that occurred prior to termination.
h) If we permit existing customers you referred to play after your account
has been terminated, this will not constitute a waiver of termination, continuation
of agreement or renewal of agreement between you and us.
12. Banned sites
12.1. The following sites are not permitted to advertise iGamingProfits web
site's or participate in the iGamingProfits program; sites that: are aimed at
children or minors, promote violence, promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or
age, promote illegal activities, or violate intellectual property rights.
13. Disclaimers
13.1. We make no express or implied warranties or representations with respect
to the Affiliation Program, iGamingProfits.com or marketing fee payment
arrangements (including, without limitation, their functionality, warranties
of fitness, merchantability, legality, non-infringement, or any implied warranties
arising out of a course of performance, dealing, or trade usage). In addition,
we make no representation that the operation of our site will be uninterrupted
or error-free and will not be liable for the consequences of any interruptions
or errors.
14. Confidential Information
14.1. During the term of this Agreement, you may be entrusted with Confidential
Information relating to the business, operations, or underlying technology of
the affiliate program(including, for example, referral fees earned by you under
the program). You agree to avoid disclosure or unauthorized use of the Confidential
Information to third persons or outside parties unless you have our prior written
consent and that you will use the Confidential Information only for purposes
necessary to further the purposes of this Agreement. Your obligations with respect
to Confidential Information shall survive the termination of this Agreement.
15. Indemnification and limitations of liability
15.1. You shall defend, indemnify, and hold us and our electronic cash provider,
their directors, officers, employees, and representatives harmless from and
against any and all liabilities, losses, damages, and costs, including reasonable
attorney's fees, resulting from, arising out of, or in any way connected with:
(a) any breach by you of any warranty, representation, or agreement contained
in this Agreement,
(b) the performance of your duties and obligations under this Agreement,
(c) your negligence or
(d) any injury caused directly or indirectly by your negligent or intentional
acts or omissions, or the unauthorized use of our banners and link or this referral
program.
15.2. We make no express or implied warranties or representations with respect
to the referral program, iGamingProfits or referral fee payment arrangements
(including, without limitation, their functionality, warranties of fitness,
merchantability, legality, non-infringement, or any implied warranties arising
out of a course of performance, dealing, or trade usage). In addition, we make
no representation that the operation of our site will be uninterrupted or error-free
and will not be liable for the consequences of any interruptions or errors.
15.3. We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with this Agreement
or the referral program, even if we have been advised of the possibility of
such damages. Further, our aggregate liability arising with respect to this
Agreement and the Program will not exceed the total referral fees paid or payable
to you under this Agreement.
16. Independent Investigation
16.1. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR
INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED
IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO
OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
17. Miscellaneous
17.1. Governing Law
The laws of Netherlands Antilles, without reference to
will govern This Agreement rules governing choice of law. Any action relating
to this Agreement must be brought in Netherlands Antilles and you irrevocably
consent to the jurisdiction of its courts.
17.2. Non-Waiver
Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement. None of our
employees, officers or agents may verbally alter, modify or waive any provision
of this Agreement.
17.3. Remedies
Our rights and remedies hereunder shall not be mutually exclusive,
i.e., the exercise of one or more of the provisions of this Agreement shall
not preclude the exercise of any other provision. You acknowledge, confirm,
and agree that damages may be inadequate for a breach or a threatened breach
of this Agreement and, in the event of a breach or threatened breach of any
provision of this Agreement, the respective rights and obligations of the parties
may be enforceable by specific performance, injunction, or other equitable remedy.
Nothing contained in this Agreement shall limit or affect any of our rights
at law, or otherwise, for a breach or threatened breach of any provision of
this Agreement, it being the intent of this provision to make clear that our
respective rights and obligations shall be enforceable in equity as well as
at law or otherwise.
17.4. Waiver
Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law
but, if any provision of this Agreement is held to be invalid, illegal or unenforceable
in any respect, such provision will be ineffective only to the extent of such
invalidity, or unenforceability, without invalidating the remainder of this
Agreement or any provision hereof. No waiver will be implied from conduct or
failure to enforce any rights and must be in writing to be effective. IN WITNESS
WHEREOF, you expressly agree to the terms and conditions of this Agreement by
completing the registration process, downloading banners or other creative material
and/or creating a link from any of your sites to ours.