Star Partners Terms Predatory, possibly ROGUE

Discussion in 'Casino Industry Buzz and Terms Alerts' started by Guard Dog, Feb 8, 2016.

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    Guard Dog

    Guard Dog Guard Dog Staff Member

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    Terms Changes for Star Partner:



    1. Joining the Star Partner Programme
    1.1. On receiving each and every application, we shall evaluate its suitability and notify applicants shortly after on whether their application has been successful or not.
    1.2. This decision is at our sole discretion and we are under no obligation, express or implied, to offer any reasons for our decision.
    1.3.
    Grant of License 1.1
    1.4. By this Agreement, we grant you a non-exclusive, non-transferable right and license to advertise market and promote our Clients' sites and services, in accordance with the terms and conditions of this Agreement
    . 1.2. We reserve all other rights and licenses not expressly granted to you herein.


    3. Our Rights and Obligations
    3.1. We will register your visitors and will track their purchases and, in the case of casino Client's, play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. (Customer is defined as: a person or entity that follows a link from your site, e-mail or however directed, to a Client of Star Partner and opens an account with them. By opening an account with a client, that person or entity will become our Customers and, accordingly, all Client rules, policies, and operating procedures will apply to them.)
    3.2. Customer Tracking and Reporting
    3.2.1
    . We will track customersCustomers' play and will supply reports summarizing summarising their activity, as well as reports for any commission generated.
    3.2.2.
    The form, content and frequency of the these reports may, at our sole discretion, vary from time to timein our discretion.
    3.2.3.
    We will provide you with remote online access to these reportsof customer activity , which can be accessed using your Affiliate number and the referral fees generatedprovided password.
    3.2.4. We will also provide you with a unique tracking link and it is your responsibility to ensure that the tracking links you use are in the correct syntax. Failure to provide the correct information will result in our inability to accurately track and report on your Customers
    .
    3.3. We will pay you referral fees (as set out below) on income we earn from play by all legitimate customers after they open an account with a Client.
    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. If any modification is unacceptable to you, your only recourse is to terminate this agreement. 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.


    6. Term
    6.1. The term of this Agreement will begin when you download a Casino banner and link it to our site 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.
    6.2. Termination is at will, for any reason, by either party.
    6.3. For purposes of notification, delivery of a notice of termination via e-mail is considered a written and immediate form of notification. 6.4 Commission will not be honored for play generated by immediate family members of affiliates.


    7. Termination
    7.1. We may terminate this agreement if we determine (at our sole discretion) that your site is unsuitable.
    7.2. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
    7.3. French Traffic
    7.3.1 StarPartner affiliates will not send or redirect any traffic from France or players from a website with a .fr extension or players with a .fr email address to any of the brands of StarPartner group
    7.3.2 By adhering to this agreementAgreement, you agree that neither you nor your subsidiary Affiliates will actively or deliberately Target players target Customers dwelling in France, Guadeloupe, Martinique, French Guyana and Reunion island, French Polynesia, Mayotte, New Caledonia, St Barthelemy, St Martin, St Pierre, Miquelon, Wallis or Futuna DirectFutuna.Direct, or attempt to direct, traffic from any of the afore-mentioned regions, to any of Star Partners Partner's sites or Casinosour Client's sites.
    7.3.3 Star Partner reserves the right to terminate this agreement Agreement with immediate effect should you, or any of your subsidiary Affiliates, contravene the above-mentioned clause (7.4.1) 7.3.1) and excludes to the fullest extent of the law, all liability and responsibility incurred with such a breach of the above-mentioned clause (7.3.2)
    7.4. Restricted Territories
    7.4.1 By entering into this Agreement, you (and any subsidiary Affiliates) undertake not to actively target Customers located in Belgium, Bulgaria, Greece, Iran, Israel, Italy, Mexico, North Korea, Singapore, Spain, South Africa, Turkey, United Kingdom or USA and outlying territories.
    7.4.2. This includes, but is not limited to, off-line advertising, the use of bannering, or sending correspondence or direct marketing to any players or traffic coming from domains or URLs based in any of these countries and their territories.
    7.4.3. We reserve the right to terminate this Agreement, with immediate effect, should you or any subsidiary Affiliates contravene the above mentioned clause and exclude to the fullest extent of the law, all liability and responsibility incurred with such a breach.
    7.4.4.
    Upon termination:
    a) All rights and licenses given to you in this Agreement shall immediately terminate.
    b) You must remove our Clients' banner/s from your site and disable any links from your site to theirs and 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) The continuation of play after termination by customers Customers referred to our clients Clients by you will not constitute a continuation or renewal of this Agreement or a waiver of termination.
    f) You will cease all uses of any trade names, trademarks, service marks, logos and other designations of our clients Clients and us.
    g) 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.
    h) Termination will not relieve you from any liability arising from any breach of this Agreement that occurred prior to termination.
    7.5. Brand bidding is a serious matter at Star Partner. We therefore have set out limitations to advertising on the behalf of our affiliates. Please be advised that if you are found brand bidding, we reserve the right to withdraw your commissions paid to you at any time without any correspondence or warning and ultimately the termination of your account.
    7.5.1 You may not, under any circumstances, use domain names utilized by Star Partner and its clients. You may therefore not use domain names, brand names or any bid made by your party on keywords, search terms including and without limitations, Crazy Vegas Casino, Golden Riviera Casino, Maple Casino, 777 Dragon Casino (including Triple Seven Dragon Casino), River Nile Casino and Casino-Mate.
    7.5.2. If you are found scraping text from any the sites mentioned in 7.4.1 7.5.1
    7.5.3. If you are found cloning any of the sites mentioned in 7.4.1 7.5.1
    7.6. Sale of Business
    7.6.1. We recognise that you may wish to sell, otherwise dispose of the shares and assets of your business to a third party, or conclude any sort of transaction with a third party that will alter the control of your business. Before completing the sale, disposal or transfer of your business, you shall be required to:
    7.6.1.1. Give us written notice of your intention no less than 30 days prior and provide us with any information or details we may request. These will include, but are not limited to, the full details of the intended purchaser (banking details, and if they are already an Affiliate with us, their Affiliate ID). You must also provide us with irrevocable consent and authority to pay the selling Affiliate's commission, after the sale is complete, to the purchaser, in whatever form we see fit.
    7.6.1.2. Make the deed of sale subject to our approval of such purchaser as an Affiliate of our Programme and that the intended purchaser shall, subject to our approval, join the Affiliate Programme.
    7.6.2. Authorisation, by us, of the intended sale, disposal, or transfer, will effectively terminate your enrolment in the Affiliate Programme.
    7.6.3. If we reject the intended purchaser and you decide to proceed with the sale/disposal/change of control, we reserve the right to terminate your enrolment in the Programme, effective immediately.



    9. Compensation
    9.1. Classic Model The following 9.1.Custom Deals - Please contact your affiliate manager as Terms and Conditions pertain to the Classic Commission Model: Any Affiliate who signed up for the Affiliate Program up to and including 31 December 2011 and has opted to stay on the original commission model will earn according to the following structure: 9.1.1. You will earn referral fees based on Revenue, calculated according to the percentages reflected in the Fee Schedule below. Only credits actually purchased by a Real Player (in the case of Casino Clients) will be eligible for payment. 9.1.2. Revenue is defined as gross bets less payouts (calculated using the Client's software) less (i) progressive contributions (progressive games only); (ii) sign-up bonuses and/or promotions that may have been taken up; (iii) Charge backs and discretionary returns 9.1.3agreed upon on an individual basis. Classic Model Fee Schedule Revenue Generated Amounts Commission Monthly Revenue $1 - $15,000 27,0% Monthly Revenue $15,001 - $30,000 31,0% Monthly Revenue $30,000 - or more 35,0%
    9.2. Profit Share Model The Following Terms and Conditions pertain to the Profit Share Commission Model: Any Affiliate who signed up for the Affiliate Program Programme after and including 1 January 2012, as well as Affiliates who have opted whodidn't opt for the Profit Share Modela Custom Deal, will earn on the following commission structure:
    9.2.1. You will earn referral fees based on the number of first time depositing players delivered per month, calculated according to the percentages reflected in the Fee Schedule below. Only credits actually purchased by a Real Player (in the case of Casino Clients) will be eligible for payment.
    9.2.2. Revenue is defined as gross bets less payouts (calculated using the Client's software) less (i) progressive contributions (progressive games only); (ii) sign-up bonuses and/or promotions that may have been taken up; (iii) Charge backs and discretionary returns; (iv) Processing costs; and (v) Royalties. Profit Share Fee Schedule Players % 0-5 0 players 15% 6-10 players 20% 11-15 1-15 players 25% 16-20 players 30% 21-25 players 35% 26-30 players 40% 31-35 players 45% 36-40 players 50% Greater than 41 players Negotiable General The following Terms and Conditions pertain to both the Classic Model Custom Deals and the Profit Share Model Commission Structures:
    9.3. We retain the right to change the fee schedule and method of calculation of fees.
    9.4. If the account is in a negative position (e.g. because total customer winnings have exceeded total customer losses) a balance of zero will be carried over until the following month.
    9.5. Referral fees will be based upon our good faith calculation based on our statistics.
    9.6. 2nd Tier Affiliate Program - You shall be entitled to a referral bonus of 2%, with respect to monthly Revenue generated by visitors who arrive from other Affiliates that are referred to us, directly by you. Please note that negative carry over is applicable to 2nd tier earnings.
    9.7. We retain the right to pass on any financial costs to your account that we may incur due to fraudulent activity actioned by players that you get to sign up at the casino.
    9.8. A charge back is when a credit card-holder discovers irregular transactions made on his/her Credit/Debit Card that was were not authorized by him/her. The credit card-holder can request his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder's card or card number.
    9.9. Should the player process a charge back, the charge back for that player will be deducted from the Affiliates accumulated revenueearnings, and therefore deducted from the total balance due to the Affiliate for the current month.
    9.10. Should the deduction of the charge back amount exceed your current amount due, your balance will then revert to a negative balance, and you will have to work your way back to zero before you can start earning revenue again.
    9.11. Unlike with a player making a big win, which only lasts one month, a charge back will stay due until the revenue generated by your other players has covered the amount due.
    9.12. In the event that a new depositing player (on the Profit Share Model) makes a chargeback in the month that he signs up, this player will not qualify as a depositing player when calculating commission.
    9.13. We understand that this might be frustrating to the Affiliates, but it has to be made clear that the casino can only pay out a percentage of their profits, not fraudulent revenue.
    9.14
    . No affiliate can earn commission from his/her own play or that of their immediate family.
    9.159.14. The 60/50/40 Commission structure for new affiliates is calculated according to the Profit Share Revenue Calculation. Affiliates will earn 60% commission in the first month of signing up to the Star Partner Program. In the second month Affiliates will earn 50% commission and in the third month, Affiliates will earn 40% commission.
    9.15. Ring Fencing of Affiliate Funds (This applies only if you registered as an Affiliate after 1st February 2015)
    9.16.1. If, in a month, your account shows a negative Net Revenue balance for one brand while another brand shows a positive Net Revenue balance, the positive and negative balances will be off-set against each other for that given month. e.g. Brand 1's Net Revenue is -$100 and Brand 2's Net Revenue is $150, then your account balance will be $50. 9.17. Periods of Inactivity (This applies only if you registered as an Affiliate after Date to be confirmed)
    9.17.1. If you become dormant or inactive for a period of three months or more, at any time during this Agreement, we reserve the right to restructure, on an individual basis, the commission model applicable to your account, including any commissions due to you.



    10. Payment
    10.1. We will pay you referral fees on a monthly basis, within the first 10 working days of each month for any fees earned by you in the previous month.
    10.2. Your commission is based on what you earn from the purchases and play of your referred Customers at our Client's sites. Therefore you will only be entitled to, and paid your commission, once we have beenpaid by our Client
    .



    I have also attached the TAS (Terms Alert Spider) document.
     

    Attached Files:

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