Affiliate Terms and Conditions
The terms and conditions (“Terms”) set out below represent the legally binding contract governing the affiliate relationship between you and the Company. You should read these terms carefully before applying to join the Affiliate Program and make sure that you understand and agree with them all.
If you do not understand any part of these terms please contact our affiliate team at [email protected] who will provide you with clarification. If you do not agree with any part of these terms you should not apply to join the Affiliate Program.
Once we have accepted your application to join the Affiliate Program you should print and save a copy of these terms and conditions for your future reference as well as our email confirming our acceptance of your application, your player referral tracker and marketing codes and your selected commission payment option.
“Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
‘Affiliate Application’ means the application form found at https://mystinoaffiliates.com/signup.html whereby the Affiliate applies to participate in the Affiliate Program
“Affiliate Program” means the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Website(s) and create the Links from the Affiliate Website(s) to the Website(s) and thereby be paid a commission as defined under this Agreement depending on the traffic generated to the Website(s) subject to the terms and conditions of this Agreement and to the applicable Mystinoaffiliates Commission Structure.
“Affiliate Website(s)” means one or more websites on the Internet which are maintained and operated by the Affiliate.
“Commission” means the percentage of the Net Revenue as set out in the Casino Commission Structure. This shall not be affected by any Quarantined Players until they have been cleared from quarantine.
“Commission Structures” means the commission structure contained under Clause 17 below or any specific commission structure expressly agreed and confirmed in writing between the Company and the Affiliate.
“Company” refers to Alcanada Media Partners Ltd (“AMPL”), having its registered office at Suite 3, Second Floor, Icom House, 1/5 Irish Town, Gibraltar, company registration number 114021.
“Confidential Information” means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Website(s), technology, marketing plans and manners of operation.
“Intellectual Property Rights” means 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.
“Links” means Internet hyperlinks from the Affiliate Website(s) to the Website(s).
“Net Revenue” means in relation to the Website(s): all monies received by the Company from New Customers in relation to casino activities less; (a) monies paid out to New Customers as winnings; (b) bonuses and/or loyalty rewards; (c) administration fees; (d) payment fees; (e) fraud costs,;(f) charge-backs; (g) returned stakes; (h) gaming duties or local taxes (incl. VAT); (i) jackpot contribution, and; (j) any commissions/fees due to third parties for providing/licensing games and/or games software;
For the avoidance of doubt, all amounts referred to above are only in relation amounts generated from New Customers referred to the Website(s) by the Affiliate Website(s).
“New Customer” means a new first time customer of the Company who:
(a) has created a new player account, registering directly after having been referred from the Affiliate Website(s) to the Website(s); (b) has made a first deposit amounting to at least the applicable minimum deposit at the Website(s) into the Website(s) player account in accordance with the applicable terms and conditions of the Website(s). New Customers shall specifically exclude:
(i) the Affiliate, its employees, relatives and/or friends;
(ii) customers already in the Company’s customer database (where the customer has previously closed his player account(s) with the Company and opened a new one through the Affiliate, such condition shall be deemed not to be satisfied); and
(iii)customers previously having been referred by another affiliate or Website(s) advertisement but without registering
“Parties” means the Company and the Affiliate (each a “Party”).
“Website(s)”, shall mean the real-money gaming websites promoted by the Company from time to time, but shall not include promoting sports betting activities carried out on the Website(s).
“Dormant Player” shall mean a Player who, after becoming a Referred Player, has not logged into his player account with the relevant Participating Sites for 120days. For the avoidance of doubt, once a Referred Player becomes a Dormant Player, The Company may determine in its sole discretion if he/she permanently shall cease to be a Referred Player under this Agreement
1.1 The Company is responsible for the marketing services of the online gaming activities offered through the Website(s).
1.2 The Affiliate maintains and operates the Affiliate Website(s).
1.3 This Agreement sets out the general terms and conditions of the Affiliate Program and is entered into between the Company and the Affiliate.
1.4 By completing and submitting the Affiliate Application the Affiliate accepts, and agrees to abide by, all the terms and conditions of the Agreement.
1.5 This Agreement shall be binding on the Affiliate once the Affiliate Application has been submitted but shall not be binding or enter into effect in relation to the Company until the Company approves the Affiliate Application.
The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (via email) whether the Affiliate Application is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
The Affiliate hereby represents and warrants that:
(a) it has, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement;
(b) it has obtained and will maintain in force all necessary registrations, authorizations, consents and licenses necessary to fulfill its obligations under this Agreement; and
(c) it fully understands and accepts the terms and conditions of this Agreement.
- Company Undertakings
4.1 Upon conclusion of the Agreement, a unique player tracking code is assigned to the Affiliate, and the Affiliate is integrated in the technical platform of the Website(s). By means of the player tracking code New Customers acquired via the Link(s) on the Affiliate Website and the bets placed during such sessions are registered and tracked.
4.2 The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links.
4.3 The Company shall administrate the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all New Customers.
4.4 The Company shall pay the Affiliate its compensation depending on the Net Revenue generated subject to the terms and conditions of this Agreement.
- Company’s Rights
5.1 The Company may refuse any applicant New Customer or close a New Customer’s account if it in sole opinion of the Company is necessary to comply with the policy of the Website(s) and/or to protect the interest of the Website(s).
5.2 The Company may refuse any applicant Affiliate and/or may close any Affiliate’s account if it in the sole opinion of the Company is necessary to comply with the policy of the Website(s) and/or to protect the interest of the Website(s). If the Affiliate is in breach of this Agreement the Company may besides closing the Affiliate’s account take any other steps at law to protect its interest.
5.3 The Company shall have the right to request any due diligence documentation that it may deem necessary for the purposes of accepting an Affiliate Application, and shall have the right to withhold all balances and payments due to an Affiliate until any and all due diligence documentation that may have been requested from the Affiliate from time to time is provided to the Company.
- Undertakings of the Affiliate
6.1 The Affiliate hereby warrants and undertakes:
(a) to use its best efforts to actively and effectively advertise, market and promote the Website(s) in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online;
(b) to market and refer potential players to the Website(s) at its own risk, cost and expense. The Affiliate will be solely responsible for the distribution, content, legality and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement;
(c) to use only links provided within the scope of the Affiliate Program; and
(d) to be responsible for the development, the operation, and the maintenance of the Affiliate Website(s) as well as for all material appearing on the Affiliate Website(s).
6.2 The Affiliate hereby undertakes, represents and warrants that:
(a) it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials. Such acts shall include, but are not limited to:
(i) harassing, abusing or threatening others or otherwise violating any person’s legal rights;
(ii) subject to the terms found in clause 6.2(f) below, violating or infringing upon any Intellectual Property Rights of the Company or of any third party;
(iii) uploading or otherwise disseminating any computer viruses or other software that may damage the property of another;
(iv) perpetuating any fraudulent activity;
(v) engaging in or creating any unlawful gambling, sweepstakes or pyramid schemes;
(vi) publishing or distributing any obscene or defamatory material;
(vii) publishing or distributing any material that incites violence, hate or discrimination towards any group; and
(viii) unlawfully gathering information about others;
(b) it will not target any person who is under the legal age for gambling, and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people;
(c) it will not target any jurisdiction where gambling and the promotion thereof is illegal;
(d) it will not promote the sportsbook on the Website(s) – the affiliate also notes that all sports bets and revenues from referred players will not be included in the affiliate’s commissions.
(e) it acknowledges the Company’s ongoing commitment for the prevention of gambling addiction and that the Affiliate will co-operate with the Company to actively reduce gambling addictions by, for example, placing links provided by the Company on the Affiliate Website(s) which direct traffic to websites involved in the business of preventing gambling addictions;
(f) that it will not generate traffic to the Website(s) by illegal or fraudulent activity, particularly but not limited to by:
(i) sending spam;
(ii) registering as a player or 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 parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Website(s). Violation of this provision shall be deemed to be fraud; and
(iii) not presenting the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Website(s) and/or the Company or convey the impression that the Affiliate Website(s) is partly or fully originated with/from the Website(s) and/or the Company.
(iv) that it will not infringe third party intellectual property.
(v) so-called “brand bidding” i.e. when promoting the Website(s) on search engines or similar, our brand name(s) must be set as a negative keyword.
(g) subject to the marketing material as may be forwarded by the Company and/or made available online through the website www.mystinoaffiliates.com, the Affiliate may not use any other terms, trademarks and other Intellectual Property Rights of the Company or its group companies unless the Company consents to such use in writing.
6.3 The Company reserves the right to freeze the Affiliates account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of the terms and conditions of the Agreement.
7.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be inclusive of value added tax or any other applicable tax. The Affiliate shall be entitled to receive the Commission exclusively in respect of New Customers.
7.2 The Commission is calculated at the end of each month and payments shall be made by the 30th of the following calendar month, provided that the amount due exceeds €200 or a higher amount chosen by the Affiliate in his/her settings of the affiliate account (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
7.3 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
7.4 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
7.5 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days from the date of payment and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
7.6 The Company may in its sole discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days if the Company needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement.
7.7 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
7.8 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
7.9 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify the Company in that regard.
- Affiliate Website(s) and the Links
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet and the Affiliate Program is at the Affiliate’s own risk. The Company makes no guarantee in relation to the accessibility of the Website(s) at any particular time or any particular location. The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Website(s) or the Affiliate Program.
8.2 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between the Company and the Affiliate.
8.3 The Company has the right to monitor the Affiliate Website(s) in order to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring.
8.4 The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the trademarks of the Company and its group companies or which include the name of the Website(s) or variations thereof.
8.5 The Affiliate shall not take any action which could cause any confusion as to the Company’s or the Website(s) relationship with the Affiliate and the Affiliate Website(s).
8.6 The Affiliate shall at all times comply with the Maltese Data Protection Act (as applicable from time to time), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other similar legislation.
- Termination & Changes
9.1 This Agreement may be terminated by either Party by giving thirty (30) days written (by email) notice to the other Party, provided that this Agreement shall be automatically terminated in the event that the Website(s) is/are precluded from offering the online gaming services to customers through the Website(s).
9.2 This Agreement may be terminated by the Company upon written (by email) notice with immediate effect if it has sufficient reason to believe that the Affiliate is or has been in violation of clause 6 of this Agreement.
9.3 The Parties hereby agree that on termination of this Agreement:
(a) the Affiliate shall promptly remove all references to the Website(s) from the Affiliate Website(s) and communications, irrespective of whether the communications are commercial or otherwise;
(b) all rights granted to the Affiliate under this Agreement shall immediately terminate and the Affiliate shall cease the use of any and all trademarks, service marks, logos and other designations vested in the Company and the Website(s);
(c) the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however provided that the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date;
(d) if this Agreement is terminated by the Company due to the Affiliate’s breach of any terms and conditions of this Agreement, the Company shall be entitled to withhold the Affiliate’s earned but unpaid Commissions as of the termination date as collateral for any claim arising from such breach;
(e) the Affiliate must return to the Company any and all Confidential Information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control; and
(f) the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such 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 in relation to Confidential Information even if the breach arises at a time following the termination of this Agreement.
- Liabilities and Indemnification
10.1 The Company shall not be liable (in contract, tort, for breach of statutory duty or in any other way) for:
(a) any economic losses, including but without limitation, loss of profits, revenues, business, contracts or anticipated savings);
(b) any indirect or consequential losses; or
(c) any loss of goodwill or reputation.
10.2 The Affiliate agrees to defend, indemnify and hold the Company and its group companies/affiliates, successors, officers, employees, agents, directors, shareholders, and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from:
- i) any breach of Affiliate’s representations, warranties or obligations under this Agreement;
- ii) Affiliate’s use (or misuse) of the marketing material and the Company’s and/or its group companies’ Intellectual Property Rights;
iii) all conduct and activities occurring under Affiliate’s user ID and password;
- iv) any defamatory, libelous or illegal material contained on the Affiliate Website(s) or Affiliate’s information and data;
- v) any claim or contention that the Affiliate Website(s) or the Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity;
- vi) third party access or use of the Affiliate Website(s) or the Affiliate’s information and data;
vii) any claim related to Affiliate Website(s) or the Links; and) any violation of this Agreement or any applicable laws.
10.3 The Company and its group companies reserve the rights to participate, at its own expense, in the defense of any matter or claim in relation to the above.
11.1 All Confidential Information shall be treated confidential must not be used for own commercial or other purposes or shared to any person or third party neither direct nor indirectly without the prior explicit and written consent of the Company.
11.2 The Affiliate shall not to use the Confidential Information for any purpose other than the performance of its obligations under this Agreement.
11.3 This clause 11 shall survive the termination of this Agreement.
- Intellectual Property
12.1 Nothing contained in this Agreement will grant either Party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights.
12.2 All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.
12.3 At no time during or after the term of this Agreement shall a Party attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.
- Relationship of the Parties
13.1 Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such Party’s employees, agents, or representatives) as an employee, agent or legal representative of the other Party, nor to create any partnership, joint venture, association or syndication among or between the Parties, nor to confer on either Party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other Party.
14.1 In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail.
14.2 Should one of the contractual provisions in this Agreement be or become invalid or unenforceable, such provision will be replaced by one which shall come as close as possible to the commercial purpose of the void provision. All other provisions of this Agreement shall continue in full force and effect.
14.3 No waiver in relation to this Agreement will be implied from conduct or failure to enforce any rights and all waivers must be in writing to be effective.
14.4 Any notice given or made under this Agreement to the Company shall be sent by email to and marked for the attention of the Affiliate Manager of the Mystinoaffiliates Website unless otherwise notified by the Company. The Company shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.
14.5 The Affiliate may not assign this Agreement or any rights hereunder, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign this Agreement and all its rights hereunder to any group company or third party.
14.6 The Company’s failure to enforce the Affiliate’s adherence to all terms outlined in the Agreement shall not be construed to constitute a waiver of the right to enforce such right.
14.7 The Company and the Affiliate will work in close cooperation at all times for the mutual benefit of making the Affiliate Program a successful collaboration.
14.8 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate this Agreement with immediate effect by providing a written notice14.9 These T&Cs may be available in a number of languages for information purposes and ease of access. For the avoidance of doubt, the English language version of these T&Cs shall prevail over any other language version made available.
15.1 The Company reserves the right to change any provision of these Terms at any time in our sole discretion and acting unilaterally without reference to you or your consent and without incurring any liability to you. Except in the case of emergencies, such as cheating, fraud, piracy, mistakes in these Terms or other events of an urgent nature, or beyond our control, we will use our reasonable endeavours to provide you with an email notifying you of the changes at least fourteen (14) days prior to the date on which we intend them to take effect, but where we do not do so any such changes will take effect upon the posting of the amended Terms. You should monitor these Terms frequently to ensure that you are aware of and agree to the latest version. You will be bound by all such changes and if you do not agree to be bound by such changes you should terminate your membership of the affiliate program – Mystinoaffiliates.com in accordance with your right to do so. This termination right is your only remedy in relation to any changes made by us to these terms.
- Governing Law & Jurisdictions
The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Curacao.
- Commission Structures
17.1 Casino Commission Structure calculated on a monthly basis:
0-5 6-10 11-20 21-40 41+
20% 25% 30% 35% 40%
(i) the Affiliate has an individual Referred Player that has generated a negative Net Revenue of -$5,000 or lower; and
(ii) the total Net Revenue applicable to the Affiliate for the month is zero (€0) or lower;
the negative Net Revenues generated by that specific referred player shall not be included in the calculation of total Net Revenue applicable for the Affiliate (“Quarantine” and such referred player shall be a “Quarantined Player”) until the individual balance of the Quarantined Player has reached a positive sum.
17.3 In cases where more than one referred player is placed into Quarantine, each will have their own negative balance managed separately.
17.4 Quarantined Player negative balance, when carried forward, will not be offset against Net Revenue generated by other players.
17.5 Once a Quarantined Player has generated Net Revenue sufficient to offset their individual negative balance, their Net Revenue will once again contribute to the general Commission.
- Restricted territories:
18.1 The affiliate acknowledge that you are not allowed to promote our brand(s) in the following territories: Afghanistan, Albania, Algeria, Angola, Australia, Bahamas, Bahrain, Belgium, Bolivia, Botswana, Bulgaria, China, Czech Republic, Denmark, Eritrea, Estonia, Ethiopia, France, Greece, Hong Kong, Indonesia, Iran, Iraq, Israel, Italy, Jordan, Kenya, Kuwait, Libya, Malaysia, Mauritania, Mauritius, Mexico, Morocco, Netherlands, Nicaragua, Norfolk Island, North Korea, Oman, Pakistan, Poland, Portugal, Qatar, Romania, Rwanda, Saudi Arabia, Serbia, Singapore, Slovakia, Somalia, Spain, South Sudan, Sudan, Sweden, Switzerland, Syria, Taiwan, Tunisia, Turkey, United Arab Emirates, United Kingdom, the United States of America (its territories and possessions, including but not limited to Puerto Rico, Guam, American Samoa and the U.S. Virgin Islands and U.S. military bases and ships at sea, and the Islands of the Caribbean Basin), Venezuela and Yemen.