Mr Affiliate - Many T&C Changes

Discussion in 'Casino Industry Buzz and Terms Alerts' started by Guard Dog, Mar 15, 2013.

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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    Mr Affiliate - Many T&C Changes

    Terms spidered on March 15th, 2013 09:34 AM
    SUMMARY: While we will have to do a complete re-review of the Mr. Affiliate program, below are some of the 'highlights' of their changes which will affect your term and termination.


    Marketing Activity Clause

    3.1 The Affiliate shall perform the services actively, by effectively advertiseadvertising, market marketing and continuously using its best efforts to promote the Website as widely as possible. For the avoidance of doubt, the Affiliate understands and accepts that the Company shall in order its sole and absolute discretion determine whether potential New Customers (as defined below in Clause 4.1) shall be accepted or not. The Company shall also in its sole and absolute discretion be entitled to maximize determine whether to close New Customer's account if it, in the benefit sole opinion of the Company, is necessary to comply with the PartiesCompany's policy and/or to protect the interest of the Company and/or Mr Green.

    Marketing Rules

    3.5 The Affiliate shall at all times conduct its business in a manner that reflects favorably upon the high quality image of the Company and/or Mr Green. The Affiliate shall engage in good business practice and comply with all applicable laws and regulations. In specific, all of the content of the Affiliate Sites and the Affiliate's marketing activities must be professional, proper and lawful under applicable laws, and in accordance with the terms of this Agreement.




    3.6 The Affiliate may not purchase, attempt to register, or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Company's and/or Mr Green´s trademarks or otherwise include the word "Mr Green" or variations thereof, or include metatags on the Affiliate Sites Site(s) which are identical or similar to any of the Company's and/or Mr Green´s trademarks and/or the Website.



    . 3.11 The Affiliate shall not promote the Company, Mr Green or the Website and/or create pages using Mr Green trademarks, brands or slogans in any social media.

    Fraud

    3.9 The Affiliate agrees that it will shall not generate traffic to the Website by illegal or fraudulent activitymeans, particularly but not limited to sending spam, cookie spam or registering as a playeror . Further, the Affiliate agrees that it shall not make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third partiestracker(s), or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.

    Commissions

    4. Payment of commission


    4.1 The Company shall pay the Affiliate a commission of 35% calculated on the net revenue generated from new customers based in the European Union and referred by the Affiliate Sitesas specified below. The commission shall be paid for continuouslyis based on the number of New Customers, for as long as the new customer holds an account at defined below in this Clause, who access the Website . Net revenue is via clicking the gross revenue generated from a player's bets and losses (tracking links on the game win) less banking fees, license fees and bonus fees from game win. The fees are a total of 28%Affiliate Sites. "New customers Customers" shall mean customers of the Company Mr Green who do not yet have, and have not had an account with Company Mr Green and who access the Website via clicking the tracking links on the Affiliate Sites, properly register and then make real money transfers at least equivalent to the minimum deposit into their Website website account.


    4.2 The commission granted by the Company to the Affiliate will be calculated as a percentage share of the Net Revenue generated from the New Customers referred by the Affiliate Sites. Net Revenue is the revenue generated from New Customer's real money bets less real money won during that same calendar month less any applicable taxes or levies less a fixed fee of 28%.


    4.3 The size of the commission (the Affiliate's percentage share of the Net Revenue) for each month depends on the total number of New Customers which has been referred to the Company by the Affiliate Sites during that same calendar month as specified in the commission structure as set out below: Number of New Customers per month Affiliate's Net Revenue share 0 - 1 25% of the Net Revenue 2 - 4 30% of the Net Revenue 5 - 14 35% of the Net Revenue 15 - 29 40% of the Net Revenue 30 + 45% of the Net Revenue


    4.4 The Company will pay the Affiliate commission on a monthly basis for New Customers during the term of the Agreement. The size of the monthly commissions for all New Customers referred to the Company under this Agreement will, however, correspond with the size of the commission for the current calendar month, for which the commission is to be determined in accordance with what has been described above. Example: During the first calendar month of this Agreement, three (3) New Customers are referred to the Company by the Affiliate Sites and the Affiliate therefore receives a commission of 30 % of the Net revenue shares. During the second calendar month, only one (1) New Customer is referred by the Affiliate Sites
    . The size of the commission (the Affiliate's percentage share of the Net revenue) when only one (1) New Customer is referred is 25 %. The second calendar month the Affiliate therefore receives a commission of 25 % for the New Customer of that calendar month, as well as for the (3) three New Customers from the previous calendar month. During the third month, six (6) New Customers are referred by the Affiliate sites and the level of commission is 35 %. Hence the third calendar month the Affiliate receives a commission of 35 % for the six (6) New Customers of that calendar month, as well as for the four (4) New Customers which have been referred during the two previous calendar months.


    4.5 The Affiliate understands and accepts that the size of the commission (the Affiliate's percentage share of the Net Revenue) will vary from time to time depending on how many New Customers are referred to the Website by the Affiliate Site(s) during each calendar month.


    4.6 The commission is
    cal

    Affiliate Payments

    4.7 Payment of commissions shall be made as per by the payment method chosen by the Affiliate in the application process. The minimum payout level is 100 Euro , if except in the case where the affiliates selected payment method is a U.S bank account. In the payment method is a U.S bank account then the minimum payout level is 500 Euros. If the commission is lower than the minimum payout level, the commission will be transferred to the next coming following month. If an error is made in calculating the Excess commission , amounts received by the Company reserves Affiliate shall upon request be immediately repaid together with annual interest at a rate which by 6 percentage units exceeds the reference rate 3 month Euribor. The Company shall have a right to correct such calculation at deduct any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliatepossible overpayments in previous months from outstanding payment obligations.


    4.8 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty fourteen (30) 14) days send an email to the Company at pernilla.rutgersson@mrgreen.com affiliates@msl-limited.com or such other email address as notified in writing by the Company to the Affiliate and indicate the reasons of such dispute. Failure to report within the prescribed time limit shall be deemed an acknowledgment of the balance due for the period indicated.

    4.9 The Affiliate agrees to return immediately repay, together with an annual interest at a rate which by 6 percentage units exceeds the reference rate 3 month Euribor all commissions received based on by fraudulent or falsified transactions, or when the traffic generated is illegal or contravenes any provision of these terms and conditions, plus all costs for legal causes or actions that may be brought against the Affiliate.


    4.10 The commission is inclusive of any and all taxes, including but not limited to value added tax. The Affiliate is solely responsible for the payment of any and all taxes, fees, charges and any other money payable or due both locally and abroad to any tax authority and/ or any other authority as a result of the revenue generated under this Agreement.


    4.11 The Affiliate, acting in a private capacity, further undertakes to self-pay any applicable social security contributions on the remuneration received under this Agreement.


    4.12 The Affiliate, acting within a business activity, is required to provide an F-tax card or other proof of company registration such as a VAT-number to Company as further specified from time to time by the Company at its sole discretion. Otherwise, the Affiliate is considered acting in a private capacity and clause 4.7 directly above will be applicable.


    4.13 All payments shall be made in Euro or in such other currency that may be determined by the Company and regardless of the currency of the Affiliate's home country.


    4.14 The Company has the right to withhold any and/or all payments to the Affiliate if the Affiliate is in breach of any of the provisions of this Agreement. If for whatever reason the payments made

    4.15 Any commissions paid to the affiliate have a higher incremented valueAffiliate by the Company hereunder shall represent the Affiliate's sole remuneration for its activities under the Agreement. Hence except as otherwise expressly agreed in writing, Mr Green would have all expenses incurred by the authority to revoke or deduct that money from Affiliate when carrying out the month's rights and obligations under this Agreement shall be deemed to comebe covered by the commission provided for in this Agreement. The Affiliate is responsible for all obligations and costs in connection with the performance of this Agreement.

    Term and Termination

    6. Term and Termination


    6.1 This Agreement shall commence be binding on the date of Affiliate once the Affiliate's acceptance of Affiliate Application has been submitted but shall not be binding or enter into effect in relation to the Agreement as part of Company until the registration process, Affiliate Application has been approved by the Company according to Clause 2.1 and shall thereafter continue hereafter unless and until terminated as provided in this Agreement.


    6.2 Either party may during the first year at any time terminate this Agreement without cause by giving the other party thirty fourteen (30) 14) days' notice in writing according to 8.1. For each additional year the Agreement has been in effect, the notice of termination shall be given with an additional thirty (30) days' notice, up Neither party will have to a six (6) months' notice, when pay the Agreement has been in effect for six years other any costs or longer. Written notification may be given by emaildamages resulting from termination of this Agreement without cause.


    6.3 Should the Affiliate commit a breach of the terms of this Agreement, the Company is entitled to terminate this Agreement in writing with immediate effect by giving written notice of termination to the Affiliate. Written notification may be given by email or pop-up message according to 8.1.


    6.4 The Affiliate hereby agrees that on termination of Company is entitled to terminate this Agreement , with immediate effect by giving written notice of termination to the Affiliate must remove all references to in the Website event that a) the Company identifies suspicious betting patterns that suggest activity where New Customer(s), are benefiting for instance from incentives from the Affiliate Sites and to recoup losses and/or other fraudulent activities. The Company also reserves the right to withhold any communicationsearnings accumulated from such game play. b) proceeding in bankruptcy, irrespective of whether insolvency or liquidation is instituted by or against the communications are commercial Affiliate, or otherwiseif the Affiliate ceases to do business in the ordinary course.

    6.5 Upon the any termination of this Agreement, all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations of the Company. In particular the Affiliate hereby agrees that on any termination of this Agreement, the Affiliate must immediately (i) remove all references to the Website from the Affiliate Sites and (ii) shall cease any further activity promoting or marketing the Website, Mr Green and/ or the Company, irrespective of whether the communications are commercial or otherwise.

    6.6 The Affiliate must return to Company any and all confidential information Confidential Information (and all copies and derivations thereof) in the Affiliate's possession and control.

    6.7 The Affiliate will only be entitled to already earned and unpaid commissions, even after the effective date of termination provided the termination is not based on a breach by the Affiliate. However, the Website Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. For the avoidance of doubt the Affiliate understands and accepts that if this Agreement is terminated commission will no longer be paid to the Affiliate.

    6.8 The Affiliate shall not be entitled to reimbursement of any amount for any advertising, market development, investments, leases or other costs incurred before any termination of this Agreement. Without limiting the foregoing the Affiliate hereby irrevocably waives any right it may have under applicable legislation to an indemnity, damages, or compensation as a consequence of any termination of this Agreement in accordance with the terms of this agreement.



    6.9 The parties specifically agree that upon any termination of this Agreement by either party, the Affiliate shall no longer be entitled to earn or receive any payment, including but not limited to commission as provided for in clause 4, whatsoever from the Company.


    6.10 The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The For the avoidance of doubt the Affiliate's obligation obligations of Confidentiality confidentiality towards the Company under this Agreement shall survive the any termination of this Agreement


    SUMMARY: Please stay tuned on the Mr. Affiliate program as we will be reviewing their new set of terms. Until such point, they are no longer certified at AGD.
     
    Last edited: Mar 15, 2013
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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    A link to the full terms changes are here:

    Mr Affiliate_terms_scrubbed.html

    If you are currently an affiliate of Mr. Affiliate, please review the terms. We will be De-certifying Mr. Affiliate until which time we can re-review the full set of changes. At this point there are too many suspect rules above for a continued certification.
     
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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    NOTE: In talking with Mr. Affiliate, the commission structure has stayed the same since June. The terms were updated to reflect their commission structure only.

    There are no commissions structure changes to any Mr. Affiliate affiliate.
     

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