AffUtd major terms updates

Discussion in 'Casino Industry Buzz and Terms Alerts' started by Guard Dog, Dec 4, 2013.

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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    AffUtd major terms updates



    Terms spidered on December 1st, 2013 02:41 AM





    SUMMARY: The terms update below will include Affiliates United (AffUtd) as well as William Hill affiliates which has been integrated into AffUtd.









    Sportsbook Net Revenue



    Sportsbook Net Revenue means the amount of Sportsbook bets placed by Customers in the relevant calendar month less: (i) the Sportsbook winnings; (ii) Sportsbook bonuses (taking into account any adjustments to the same); (iii) Chargebacks; (iv) Gambling Taxes; and (v) any other revenue returns, credits, compensations or refunds given to Customers;








    Derivative Domain Name



    2.3.7In the event the Affiliate does register any domain name referred to in clause 2.3.5, the Operator reserves the right to withhold payments due to the Affiliate until such time as the provisions of clause 2.3.6 have been met to the Operators satisfaction. Should the Affiliate fail to comply within a reasonable time of the Operators request to do so, or fail altogether to comply with the provisions of clause 2.3.6 and/or the Operators instructions in this regard, without prejudice to any of its rights pursuant to applicable legislation, any outstanding payments due from the Operator to the Affiliate shall be forfeirted and the Operator may terminate this Agreement with immediate effect.



    2.3.8The Affiliate shall
    not place, purchase or register 'pre-click' pre-click bids, keywords, search terms or any other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, are similar or otherwise resemble any of the Company IP including without limitation the Licensed Marks. This includes, and is not limited to, any words containing, or derived from, the names of the Sites or the brands used on them, and any typo errors or phonetics of them. 2.3.8
    The 2.3.9The Affiliate shall immediately cease to use all Company IP including without limitation the Licensed Marks upon being notified to do so by the Operator (either by electronic or written notification) or on any termination of this Agreement.








    Commercial - Fraud



    2.4Commercial Use Only

    2.4.1 The marketing opportunity presented in the AUAP is for commercial use only, and the Affiliate, its family members, friends or associates may not make Deposits, directly or indirectly, through any of its Trackers for its or its own personal use or to increase the amounts payable to it under this Agreement by any act which involves Fraud.

    2.4.2 If the Affiliate wishes to make test transactions to evaluate the system, including Deposits, it should contact support@affutd.com so the Operator can refund the charges once the Affiliate has completed its testing.

    2.4.3 Transactions deemed by the Operator at its sole discretion to be made in violation of this provision will be deemed Fraud traffic and the Operator will deduct applicable Deposits or traffic from the amounts payable to the Affiliate hereunder.








    Excluded Territories



    3.7.1 The Affiliate will not market or promote any Site within or to persons from any Excluded Territories; or be involved in any traffic coming from any Excluded Territories; or allow, assist or encourage circumvention of any restriction put in place by the Operator and/or any Site in connection with Excluded Territories. ''Excluded Territories'' Excluded Territories include the territories indicated in the list below, which may be changed by the Operator from time to time. IT IS THE AFFILIATES DUTY TO CONSULT AND REGULARLY CHECK  THIS AGREEMENT REGARDING ANY CHANGES TO THIS LIST. The Excluded Territories are as follows: THE UNITED STATES AND ITS TERRITORIES, ISRAEL, IRAQ, IVORY COAST, INDONESIA, INDIA, ANTIGUA AND BARBUDA, NETHERLANDS ANTILLES, ESTONIA, CYPRUS, KAHNAWAKE, BULGARIA, HONG KONG, PHILIPPINES, TURKEY,  FRANCE AND ITS OVERSEAS DEPARTMENTS, CUBA, IRAN, MYANMAR (BURMA), NORTH KOREA, SUDAN , AND SYRIA, CHINA, GREECE, AUSTRALIA and SOUTH AFRICA.








    Restrictions



  2. 3.10Other Restrictions

  3. 3.10.1In addition and without derogating from any of the above, the Affiliate will not at any time by itself, nor will the Affiliate allow, assist or encourage others to, do any of the following:

  4. 3.10.1.1Use or cause Spamming.

  5. 3.10.1.2Do any act or omission that disparages the Operator or any of the Sites or that otherwise is damaging or is reasonably expected to be damaging to the Operator’s goodwill or to the goodwill of any Site or the Operator’s reputation.

  6. 3.10.1.3In any way alter, affect or interfere with the operation or accessibility of the Sites or any page thereof.

  7. 3.10.1.4Do any act which causes the Affiliate’s site or any other site to copy or resemble the look and feel of any of the Sites or attempt to pass as any of the Sites or create the impression that any such sites are the Sites or otherwise confuse potential Customers in connection therewith.

  8. 3.10.1.5Communicate, engage or become involved with any of the Sites, in any way, without the Operator’s prior written consent.

  9. 3.10.1.6Alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof.

  10. 3.10.1.7Intercept or redirect (including via user-installed software) traffic from or on any online website or other place that participates in the AUAP.

  11. 3.10.1.8Use any trade mark, business name or other intellectual property without the prior written approval from the relevant owner of the intellectual property right.

  12. 3.10.1.9Use in any manner whatsoever (including without limitation on Banners and Text Links and within domain names) the trade marks “32vegas”, “32 vegas”, “32V”, any derivation thereof or any mark that is substantially, confusingly (or likely to be confusing) and/or colourably similar and any other mark from time to time advised by the Operator.

  13. 3.10.1.10Do any activity that in the Operator’s reasonable opinion would be deemed unsuitable, Fraudulent, erroneous, misrepresentative or inappropriate.

  14. 3.10.1.11In the event that the Affiliate is found to be in breach of the above, the Operator reserves the right to suspend the Affiliate’s account and will hold payment of all monies due to the Affiliate until it is satisfied that the matter is resolved and that the Affiliate is no longer in breach of any of the above. If the Operator cannot satisfy itself within a reasonable time that the matter has been resolved, it reserves the right to treat all payments or amounts due to the Affiliate as forfeited and to provide notice of immediate termination to the Affiliate.








  15. Identity Verification



  16. 5.1Identity Verification

  17. 5.1.1It is the Operator’s policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The Operator will verify the Affiliate’s identity through the information provided by the Affiliate and by obtaining information from public sources and data. The Operator will make its best efforts to reasonably ensure that it knows the true identity of any of its Affiliates. Should the Operator be unable to adequately satisfy itself of the  Affiliate’s identity, it shall not be obliged to provide the Affiliate with any information as regards the reasons for such failure to identify the Affiliate.

  18. 5.1.2For the avoidance of doubt, the Affiliate agrees that the Operator may use any personal information provided by the Affiliate for the purposes of verifying its identity in accordance with clause 17.1.








  19. Minimum Player Quota



    * Note that the percentage of Net Gaming Revenue for 0 new Players will only be payable where the Affiliate has, in any previous calendar month, introduced one or more unique depositing Players. As such, an Affiliate will continue to receive the minimum Revenue Share in respect of previously-introduced Players for such time as those Players continue to bet, or play, on the relevant Site



    * At any time where 3 calendar months have passed without the Affiliate directing any Customers to the Operator’s Sites, the default Revenue Reward set out in the table above and any other Revenue Reward agreed by the parties in writing at any time shall no longer apply and instead shall be set at 5% of all Online Gaming Products and Sportsbook.








    Payments



    6.7Payment Procedure At the end start of every calendar month, the Operator will  send make available to the Affiliate in his AUAP account a statement of account showing any balance due to the Affiliate (if any)any) in respect of the previous calendar month.  Such statement of account will be deemed to have been accepted and agreed by the Affiliate if the Operator does not receive any comments as to the accuracy of the statement within two weeks of the date of such statement. The Affiliate will be paid its relevant payment under its Payment Plan Reward plan on a calendar monthly basis by way of the Affiliates chosen currency and payment method (where available), provided the amount payable to the Affiliate is not less than (a) US$5 (or equivalent amount in the relevant currency) where the Affiliate is using a MoneyBookers, Web Moneyor , PayPal, Neteller system and/or other e-payment system made available by the Operator; and/or (b) not less than US$200 (or equivalent amount in the relevant currency) where the Affiliate is paid by wire transfer.  If these minimum amounts are not reached in a particular calendar month, the Operator will be entitled to withhold payment and carry the amount due to the Affiliate to the next calendar month and so on, until the minimum amounts are reached. All payments will be due and paid in Euros or in any other currency at the Operator's Operators discretion. The Operator will transfer funds only to the designated account detailed on the Affiliates application form. Third party wire transfers are prohibited by the Operator.








    Security Reserve Funds



    6.10 A rolling security reserve of 8% of all amounts due to the Affiliate may be withheld for up to 6 months from the payment due date. The security reserve will serve to guarantee any debt or liability from the Affiliate to the Operator pursuant to this Agreement, such as in connection with Fraud, Chargebacks, Credits, etc.









    Chargebacks



    6.10 Chargebacks and Credits Fifty percent of all Chargeback and Credit amounts shall be deducted from the Affiliates payment or the reserved funds. Chargeback and Credit fees will be paid to the credit card companies or other payment service providers, as applicable, and will be administered by the Operator. If a Chargeback or Credit occurs during the fee payment-processing period (usually 12 business days), the Operator reserves the right to deduct such amounts and the associated fees from the amounts due to the Affiliate under the Revenue Share Reward plan. Any Chargeback or Credit to a Player Customer in respect of which the Affiliate has chosen the CPA payment reward plan will disqualify such Player Customer and the Affiliate will not be entitled to any payment with respect to such PlayerCustomer.








    Data Protection Act



    16.DATA PROTECTION 16.1The Affiliate shall at all times comply with the Data Protection Acts 1988 and 2003, as amended, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all other applicable data privacy rules, laws and regulations anywhere in the world.








    SUMMARY: There are several more changes to the terms that are relatively impossible to put into a terms alert, so instead I have linked to the actual alert of changes given by the AGD Spider: AffUtd Full Change Alert.







    AffUtd major terms updates
     

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