Terms & Conditions of the Program
1. The Agreement
This agreement describes the general terms and conditions which govern your participation in the RevenueGiants.com Affiliate Program.
By accepting these terms the Affiliate accepts and agrees to abide by all the terms and conditions of this Agreement.
"Affiliate", "You", and "Your" refer to you, the applicant;
"We", "Our" and "Us" refer to RevenueGiants.com;
"Referring Website" refers to the website from which you optionally link to our Client's websites and/or to RevenueGiants.com;
"Services" refers collectively to our Affiliate Program, Our clients; Casino, Bingo and Online Gaming Services.
"Agreement": all the terms and conditions set out in this document and any other rules and/or guidelines of RevenueGiants.
“Referring Website”: Affiliate may provide a link from a Referring Website to our clients' websites and earn referral fees.
“Bounced lead”: a registered user that instantly leaves the site without ever logging in to play.
“Duplicate accounts”: multiple registrations from the same identity
“Fraud": an actual or attempted act by you or any Player which is (i) illegal in any applicable jurisdiction, (ii) made in bad faith, or (iii) intended to defraud us or any of the Sites and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us or any of the Sites any damage or harm. Fraud shall include, without limitation, collusion; abuse of bonuses or other promotions; violation of money-laundering or other laws and regulations; Spamming; false, misleading or unauthorized advertising or representations; use of stolen credit cards; and unauthorized use of any intellectual property rights (including third parties’ and any of our or the Sites’ rights);
"Net Revenue": Total Deposits minus Total Withdrawals minus Chargebacks minus Frauds.
"New Customer": a customer that is not an existing client of the Promoted product’s database
"Intellectual Property Rights": any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.
“Referral Fee Amounts”: All payments made by Affiliate's referred customers for the services provided by the properties run under the Marketing of RevenueGaints.com affiliate program will earn Affiliate a referral fee based on the collective Net Gaming of all properties in the rate structure;
“Sub-Affiliates”: A Sub-Affiliate is defined as a third party that is in no way personally or professionally related to Affiliate.
“Data Protection Laws” : all laws, regulations, legislative and regulatory requirements and codes of practice applicable to the processing of Personal Data including, without limitation the UK Data Protection Act 1998 and any regulations or instruments thereunder, Directive 95/46/EC of the European Parliament and of the Council of October 24 1995 and any successor legislation (including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as applicable as of 25 May 2018);
“GDPR” means the General Data Protection Regulation (EU) 2016/679;
3. Joining the Affiliate Program
Following receipt of your registration we will consider accepting you as an affiliate in our RevenueGiants program. Should we decide, in our sole and absolute discretion to accept you as an affiliate, this agreement will become binding between you and us, and we will grant you the non-exclusive, revocable right to direct potential Customers to the Sites, pursuant to the terms and conditions of this Agreement.
4. Affiliate Duties and Rights
Affiliate may provide a link from a Referring Website to our clients' websites and earn referral fees as outlined below. Affiliate may remove said link from a Referring Website and re-link to our clients' websites at any time without prior approval. Affiliate may not display our name or link in any way that may defame us or mislead the customer.
Affiliate may not link to our clients' websites from a Referring Website which promotes spam as described in this Agreement, pornographic material, violence, illegal activities such as software piracy, or discrimination based on race, gender, religion, national origin, physical disability, sexual orientation, or age.
The Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices. If the Affiliate specifies bonus levels and free money offers in its marketing and advertising, it shall ensure that it is updated regularly to reflect any changes.
No Frames: Affiliate may not put our Clients' websites in frames under any circumstances.
Referral URL: Affiliate is solely responsible for ensuring that Affiliate's assigned URL is used in Affiliate's advertising, and Affiliate agrees that we cannot calculate referral fees otherwise.
No Spamming: Promoting our services via unsolicited email is strictly prohibited, and affiliate agrees not to reference us in any way, shape, or form, in any email that Affiliate sends, and which the recipient has not specifically asked to receive. In the case of mailings which are conducted by a third party on Affiliate's behalf, Affiliate assumes full responsibility and is advised to perform due diligence to ensure that the mailing list is in fact 100% opt-in. Furthermore, Affiliate may not link to our Clients' sites from any URL that is promoted via unsolicited email. Affiliate may reference our services in discussion groups, social networks such as Facebook, twitter, message boards and USENET newsgroups as long as this is done in a way that does not violate the conditions of participation in the discussion of the above mentioned groups.
Affiliate agrees that we will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.
Qualifying Services: All Services sold by us to customers originating from Affiliate's Referring Website or Referral URL -- and processed via our clients' online cashier -- qualify to earn Affiliate referral fees as described below. Our clients reserve the right to reject any purchase that does not comply with their policy. Affiliate will not receive referral fees for any purchase made directly or indirectly by him/herself or by any person who is directly or indirectly related to the affiliate in a personal or professional capacity. Affiliate will not receive referral fees if Affiliate makes a purchase on behalf of a Customer - for receiving referral fees, the Customer must place the order him/herself. Affiliate will not receive referral fees if affiliate is found to have stolen 3rd party content with the intent of stealing potential income of another RevenueGiants.com affiliate.
References/Testimonials: Affiliate agrees to cooperate with us in the development of press releases, testimonies, and other such marketing materials. Affiliate grants us unlimited rights to reference Affiliate in any and all marketing materials, without further compensation.
Non Disparagement: The Affiliate shall not make any oral or written statement about the other party which is intended or reasonably likely to disparage RevenueGiants.com, or otherwise degrade its reputation. RevenueGiants.com holds the right to terminate the current agreement and to stop the payment with immediate effect in case it shall discover that the Affiliate has been creating any negative publicity in the Advertiser’s name.
5. Data Protection and Marketing
For the purposes of this agreement the terms controller, data subject, personal data, process (and its cognate terms) and processor shall have the meaning given to them in GDPR.
You acknowledge and agree that you are a controller in respect of: (i) Potential Customer Personal Data; and (ii) Customer Personal Data only to the extent that such Customer was originally a potential Customer converted into a Customer directly by you (Potential Customer Personal Data and Customer Personal Data to which you are a controller shall be referred to herein as "Affiliate Personal Data"). You acknowledge and agree that we shall be a controller in respect of Customer Personal Data to the extent that it relates to providing services to Customers and any marketing undertaking directly by us or our appointed third parties.
In the event of duplication of data subjects' personal data between Affiliate Personal Data and Customer Personal Data, we both acknowledge and agree that we shall be acting as controllers in common and not joint controllers in respect of the independent processing of such data subjects' personal data. Furthermore, you acknowledge and agree that any direct marketing that you send out to Affiliate Personal Data pursuant to this Agreement and the consents related to the same shall be independent of, and governed separately from, any marketing consents that we may have in respect of Customers and our own marketing of our own services.
You shall at all times comply with the Data Protection Legislation including, without limitation, ensuring that Affiliate Personal Data: (i) is collected fairly, lawfully and transparently; (ii) processed in accordance a lawful condition as set out in the GDPR; and (iii) is protected from loss, theft, accidental destruction or unauthorized access by implementing appropriate technical and organization measures in respect of such personal data.
You warrant that all direct marketing sent to Affiliate Personal Data shall only be done so where such individuals have given valid consent to receive such marketing communication as required by the Data Protection Legislation. Valid consent shall include data subjects opt-in to such marketing and data subjects being informed that they shall receive marketing relating to our Sites (identified either specifically or, at the least, by its industry).
You warrant that all direct marketing sent to Affiliate Personal Data shall include an opportunity for such persons to opt-out of all future direct marketing.
You warrant that you shall not send direct marketing to any Affiliate Personal Data who have not provided valid consent to receive such marketing or who have unsubscribed to direct marketing.
You shall notify us immediately in the event that you breach (or suspect that you have breached) any of the warranties in this clause 5.
Without prejudice to the warranties given in this clause 5, you shall not send any direct marketing to any Affiliate Personal Data where you have received instructions from us not to send direct marketing. You shall comply with any instruction to not send direct marketing as soon as practicable and in any event within no less than 48 hours from receipt of the instruction.
You shall notify us immediately in the event that any Affiliate Personal Data makes a complaint to you, or where any competent data protection regulator contacts you, in respect of direct marketing or your processing of such personal data.
You shall, within five (5) days upon request by us, provide a copy of all Affiliate Personal Data for the sole purpose of us identifying and removing any individuals from such Affiliate Personal Data that we (acting reasonably and in good faith) do not consider it appropriate to contact (whether in respect of direct marketing and otherwise). You shall not contact such individuals notified to you by us.
We may, from time to time, request that you provide evidence of your compliance with this clause 5 and you shall provide such evidence within five (5) days of receipt of such request.
You shall ensure that all processors acting on your behalf pursuant to this Agreement are bound by contractual terms no less onerous than the standards prescribed by the Data Protection Legislation.
You shall provide us with all such assistance as necessary in respect of data breaches, claims and requests for information made against us in respect of any communications sent by you pursuant to this Agreement, in particular, any investigations made by a competent data protection regulator.
You shall ensure that any communications sent by you or any of your processors are duly tagged to allow tracking in the event that they are forwarded to us as part of a complaint.
6. Our Duties and Rights
We have the right, but not the obligation, to pre-approve the graphics and logos used on a referral website which is linked to our clients' sites.
We shall have the right, but not the obligation, to monitor the Affiliate's Referring Website at any time and from time to time to determine if it is in compliance with the terms and conditions of this Agreement. We shall have the right, but not the obligation, to approve, in our sole and absolute discretion and with due regard to the protection and preservation of the goodwill of our services, any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by us on any site where our services are mentioned.
Revenue Giants reserves the rights to take over the marketing of new clients and promote them via the affiliate program at any given time. Revenue Giants will do its best to update affiliates regarding new and upcoming clients, but it is the affiliate's full responsibility to keep up to date with the new clients. Revenue Giants is not responsible for any previous debt or issues of clients or their affiliate programs prior to their cooperation with Revenue Giants. In case Revenue Giants do decide to take responsibility of old debts of their clients, it would mean taking into consideration the accessibility to old program stats and info, as well as cooperation of previous client/ affiliate program. Nonetheless, it would be considered on case to case basis within reasonable time frame (up to 6 months) from the takeover date.
Every customer who purchases a Service is deemed to be our customer. We will be in direct contact with our clients for the purpose of fulfilling the customer's order. Affiliate shall refer all questions, requests or queries regarding our services to us. Affiliate does not have the authority to make or accept any offer on behalf of us. We are not responsible for any representations made by Affiliate which contradict our policies.
We will make every effort to ensure that our website is operational, and to track Affiliate's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Affiliate agrees that we are not liable in any way for such interruptions.
7. Proprietary Rights
Title, ownership, and intellectual property rights involved in our Services shall remain with us.
Affiliate is responsible for ensuring that Affiliate's advertising obeys all applicable copyright and trademark laws. We grant Affiliate the right to use our and our clients' name in acceptable marketing materials, but we are not responsible for Affiliate's misuse of any copyrighted material.
8. Payments And Fees
Referral Fee Amounts: All payments made by Affiliate's referred customers for the services provided by the properties run under the Marketing of RevenueGaints.com affiliate program will earn Affiliate a referral fee based on the collective Net Gaming of all properties in the follow rate structure;
Net Gaming = (Deposits less Withdrawals Less Charge backs Less Refunds) per month
Monthly Net Gaming
0 - $9,999 Rate 30%
$10,000 - $24,999 Rate 35%
$25,000 + Rate 40%
The Monthly Rate is calculated at the end of each calendar month and is based on the Net Gaming for that month across all sites.
No negative balances carry over: In the calculation of Commission where an Affiliates Account is negative at the end of a calendar month due to Customer winnings or to noncash items, said balance will be set to zero. A negative balance due to fraud costs will be carried over. If the affiliate does not update the account with a valid payment method for a period of over 5 months, a calculation of the entire period of none payment will be calculated and not per calendar month.
Affiliate understands that we monitor all affiliate registrations and purchases, and agrees that we will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.
9. Payment Procedure
Referral Fee Payments: All Referral fee payments are made through the following methods; Neteller, Skrill, Ecocard, Paper Cheque, Bitcoin and Bank wire. RevenueGiants will send payment in U.S. dollars or Euro for the applicable referral fees on or before the 30th day of each calendar month for the previous month's referral fees, as long as the amount due to Affiliate is more than or equal to U.S. $50, U.S. $100 for a Paper Cheque or U.S. $1,000 for a Bank Wire. If the amount due to Affiliate is less than the minimum required per method the amount will be carried forward to the next month. Furthermore, Affiliate account holder must match the name on the payment method. In the event that the Affiliate's name does not match the commission will not be processed. In special cases and according to the marketing director's decision an exception can be made. Revenue Giants does not charge payment fee, the provider may charge a fee though. Therefore, it is the Affiliate's sole responsibility to verify the fee per his/her preferred payment method. Referral fee overpayments may be deducted from future payments or shall be reimbursed by the affiliate. An online statement of customer purchase activity is available to Affiliate at all times.
Returns And Cancellations: If referral fee qualifying Services are cancelled by Affiliate's customer, or if we have to issue a refund to Affiliate's customer for any reason, the corresponding referral fee(s) will be deducted from Affiliate's next monthly referral fee payment. If the said referral fee(s) are less than the amount due to Affiliate, the amount will be carried over to the next month or any following month until such time as the amount has been cleared for the balance.
10. Taxes and Other Charges
You are fully responsible for all taxes, fees and other costs incidental to and arising from any payments made to you under this Agreement. You will indemnify and reimburse us for any costs, expenses or losses that may be caused to us as a result of any claim or demand made by any governmental or other authority, with regard to tax withholding obligations or similar obligations to which we may be subject in connection with making payments to you. We will be entitled to withhold or set-off any such amounts from the payments made to you.
11. Right to Withhold Amounts
We reserve the right to withhold all amounts due and payable to you under this Agreement if we believe that any Fraud has taken place or is contemplated which involves you, whether or not the withheld amounts relate to the event in question. If we believe that any Fraud has taken place or is contemplated by any Player without your knowledge, we will be entitled to withhold any amounts due to you in connection with such Fraud. We will also be entitled, in the foregoing events, to set-off from future amounts payable to you any amounts already received by you which can be shown to have been generated by Fraud.
12. Term and Termination
We have the right to terminate this Agreement at any time, either due to breach of its terms or otherwise, by notifying the Affiliate through email. Please note that it is our intention never to terminate the Affiliate Program. However, we reserve the right to do so in response to changes in market conditions. The Affiliate may terminate the Agreement at any time by notifying us through email. If the Agreement has not been terminated due to breach of its terms, the final referral fee payment to Affiliate will be made to Affiliate within a reasonable period of time. If the Agreement has been terminated because of breach of its terms by the Affiliate, the Affiliate will automatically forfeit any referral fees then receivable or receivable in the future.
13. Affiliate Representations and Warranties
Without derogating from, and in addition to, any of your other representations, warranties, covenants and obligations contained in this Agreement, you hereby represent and warrant to us the following:
- you are not under the age of either (i) 18, or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater;
- you are not involved or intend to be involved in or are aware of any act or traffic that involves the Affiliate Site and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including but not limited to money laundering, under any Applicable Law;
- by participating in our Affiliate Program, you acknowledge that you do not find our services to be offensive, objectionable or unfair in any way;
- you will comply with all Applicable Laws in your jurisdiction, including Data Protection Laws, and perform your obligations under this Agreement in accordance with good industry practice.
- the Affiliate Site, any content thereon, and any domain name or sub-domain associated with the Affiliate Site: (a) is not aimed at children; (b) does not contain any Prohibited Material or (other than as permitted by this Agreement); (c) does not infringe the rights (including the Intellectual Property Rights) of any third party;
- you will comply at all times with any and all applicable guidelines that we may provide you with in respect of our Trademarks;
- you will not make any application to register any trade or service mark, business name, company name, domain name or sub-domain which consists of, includes or is confusingly similar to any of the Trademarks;
- you will not make, and shall procure that none of your employees make, any defamatory or derogatory statements about, or take part in any activities which are or might reasonably be perceived to be derogatory of or detrimental to our reputation or the reputation of any of the Sites;
- you will not intercept, redirect or otherwise interfere with traffic from the website of any other RevenueGiants affiliate; and
- all information you submit to us in all communications is complete and accurate.
14. No Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE REVENUEGIANTS AFFILIATE PROGRAM OR TO ANY ARRANGEMENTS CONTEMPLATED BY THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH REGARD TO THEIR FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, LEGALITY OR NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
15. Limitation of Liability
We shall have no liability for any indirect, incidental or consequential damages, or any loss of revenue arising under or with respect to this agreement or the Affiliate program, even if we have been advised of the possibility of such damages.
16. The Parties Relationship
Affiliate is an independent contractor, and nothing in this Agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between the parties. Affiliate will not be treated as our employee. Affiliate shall not assign this Agreement, by operation of law or otherwise, without our prior express written consent. Subject to the foregoing, this Agreement is binding upon, insures to the benefit of, and is enforceable by the parties and their respective successors and assigns.
During your participation in our Affiliate Program, we may disclose to you or you might otherwise obtain certain information which is either marked or by its nature is confidential and proprietary to us (herein referred to as “Confidential Information"). You shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement. Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by Applicable Law or any legal agency having jurisdiction over you (in which case you will give us prompt notice of such requirement).
18. Acknowledgement and Independent Evaluation
You acknowledge that:
(1) you have read this agreement and agree to all of its terms and conditions;
(2) you have independently evaluated the desirability of participating in our affiliate program and that you are not relying on any representation, guarantee, or statement other than those expressly set forth in this agreement.
This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements or understandings for all properties we promote or any other property running under the RevenueGaints.com affiliate program both now and in the future.
19. Amendments to Agreement
We may, in good faith, modify any of the terms and conditions contained in this Agreement (including, but not limited to, the Referral Fee Amounts), at any time and in our sole discretion, by posting a change notice or a new agreement in this Website and by informing Affiliate through email. It is our intention to keep Referral Fee Amounts as stated. However, we reserve the right to alter the Referral Fee Amounts at any time. Any credit accumulating after such change will be at the new rate, i.e. the Affiliate is not guaranteed to have the same rate as the one started with. This is not a loophole to defraud Affiliate, but a way for us to prepare for anything unforeseeable in the rapidly changing world of the Online Gaming. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. The Affiliate's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.