Version 2.3 last updated 06 August 2025
It is important that You (the “Affiliate”, “You”) read and understand these terms and conditions before submitting an Application to become an affiliate with the Wildz Affiliate Programme. Your acceptance of these terms and conditions forms a binding contractual agreement between You and Kazini Media Ltd (“the Company”) a company incorporated in the BVI, with Company Registration No. 2177637.
When registering as an affiliate with the Wildz Affiliate Programme, You agree to be legally bound by and comply with these terms and conditions. If You do not agree to the following terms and conditions, You should discontinue Your Application.
DEFINITIONS
General Definitions
Admin Fee
The value of Jackpot contributions, Games and Platform costs and operating costs.
Agreement
These terms and conditions and, where applicable, any other contractual document concluded between the Parties in relation to the Affiliate Programme that You may be required to accept from time to time as part of being able to continue Your role as an Affiliate. To the extent that the said contractual document is governed by these terms and conditions, any reference to ‘the Agreement’ as included therein shall also mean a reference to these terms and conditions. Further, any reference to ‘this Agreement’ in these terms and conditions shall also include and refer to such contractual documents.
For the avoidance of doubt, these terms and conditions shall supersede any other terms and conditions applicable to such contractual documents concluded between the Parties.
Affiliate
A person (whether an individual or a company) who has registered and been accepted by the Wildz Affiliate Programme in order to promote the Brands through affiliate links.
Affiliate Network
An individual and/or entity with whom You have a business relationship and who operates for You with the intention of driving traffic to the Brands or that You direct in any appropriate manner to the Brands and who does not have an account directly with the Company but is connected to Your account. For the avoidance of doubt, this shall not include sub-affiliates.
Affiliate Programme
The Affiliate Programme is operated by Kazini Media Ltd.
Applicable Law
All laws, statutes, regulations, edicts, bylaws, mandatory codes of conduct and mandatory guidelines – whether local, national, international or otherwise existing from time to time – which are legally binding on either Party and which are applicable to that Party’s rights or obligations under this Agreement, including all applicable Market-Specific Requirements.
Application
Your application to join the Affiliate Programme via the Affiliate Programme site.
Approved Marketing Material
Our banners, text and/ or other online and offline promotional materials and certain Intellectual Property (collectively “Approved Marketing Material”).
Brands
“Wildz” “Caxino”, “Wheelz”, “Spinz”, “Chipz”, “Tuplaus” including without limitation any and all of the trademark registrations/applications of the Group, any taglines or marketing slogans used by the Group, as well as any other brands (whether registered or unregistered) owned and /or used by the Group, as may be indicated by the Company to You from time to time.
Chargeback
The reversal of a payment made previously to any Group entity operating the Websites by a Player, the credit card-issuing bank, or any other third-party payment solution provider. Chargebacks are regarded as Fraud for the purposes of calculating the Net Revenue.
Commencement Date
The date on which the Company confirms Your Application to join the Affiliate Programme has been accepted.
Commission(s)
The amounts due to You by Us in exchange for the provision of the services in accordance with the conditions of this Agreement, calculated under the Revenue Share, CPA, or Hybrid model, as the case may be, applicable across all Brands, and not per Brand if Customers register on more than one of Our Brands.
CPA Deal
A Cost-Per-Acquisition deal, whereby the Company pays You a predetermined amount for each Player. CPA deals will undergo a trial period to ensure Affiliates are providing Us with legitimate and profitable traffic.
Customer/Player
A first time customer referred or directed by You in any appropriate manner to a Product offered by the Group who can be linked to Your (or Your organisation’s) Affiliate Account and/or identity who registers a Customer Account and makes a first deposit on the Websites no later than thirty (30) days from registering a Player Account. For the avoidance of doubt, players who are already customers of the Group shall not be considered ‘referred Players’. Players who are referred to one of the Brands, won’t be automatically referred to all other Brands.
Customer Account or Player Account
The Customer / Player account that an individual creates on the Website(s), which enables them to use our Products.
Direct Marketing
Any form of direct marketing communication sent to one or more mailing lists, individuals or newsgroups, notably without limitation via Email and/or SMS that concerns whether directly or indirectly, the Brands or is sent or can be deemed to be sent on behalf of Us, irrespective of whether to the Customer of the Brands or otherwise.
Fraud
Any form of fraud committed by a Player, which in the sole opinion of the Company, is deliberately practised by a Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to:
– Fraud Costs;
– Chargebacks;
– Bonus abuse by a Player or group of Players;
– Your (or a third party’s) encouragement to a Player to abuse Our bonus offers;
– Collusion on the part of the Player with any other Player;
– Your (or a third party’s) offering or providing unauthorised incentives (financial or otherwise) to Players to encourage them to sign up;
– Dropping or stuffing cookies.
Fraud Costs
The costs incurred (financial or otherwise) by the Group as a direct or indirect result of Fraud committed by You, Your employees, sub-affiliates, business partners, Customers, and/or third parties linked to Your affiliate Account to whom You, as an Affiliate, have introduced Our Products.
Gross Win
The total revenue generated by all Products as a result of all bets and/or deposits by referred Players introduced to Us by You.
Group
All affiliated and/or subsidiary companies forming part of the same corporate group as Kazini Media Limited.
Intellectual Property
Any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trademarks, word marks, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licences in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
Market-Specific Requirements
The Applicable Laws of certain Markets, as more particularly described in the respective Schedules.
Markets
All Markets in which the Group operates.
Minors
Natural persons under the age of eighteen (18).
Negative Carry Over
In the calculation of the Commission, where the Net Gaming Revenue is negative due to, but not limited to, Customer winnings, Admin Fees, cash items, and/ or Progressive Contributions, the balance on Your Affiliate Account will be set to zero. However, a negative balance due to Fraud Costs, and the instances set out in clause 25 of this Agreement shall be considered as Negative Carry Over.
Net Gaming Revenue
Net Gaming Revenue is calculated as Gross Win minus Player bonuses minus Fraud Costs, Progressive Contributions minus taxes (if applicable) and any other admin and/or network fees.
Cellxpert
The commercial platform (or any other platform as may be indicated by the Company) used by the Company to track Your marketing campaigns.
Party
Either the Company or the Affiliate (jointly referred to as the ‘Parties’).
Progressive Contributions
A percentage of revenue generated on any progressive game that is paid over by Us into the network’s progressive pool.
Products
An online gaming product (including but not limited to Casino and Live Casino) for which professional gaming services are rendered by the Group.
Revenue Share Deal
A deal where You receive payment through a revenue share model that is tracked on Cellxpert.
Affiliate Account
The Affiliate Account that an individual and/or a company creates on wildzaffiliates.com which enables them to promote our Products.
Schedule(s)
The documents attached to this Agreement further specify the arrangements between the Parties.
Spam
Unwanted or unsolicited email, SMS or any other form of communication sent indiscriminately to one or more mailing lists, individuals, or newsgroups. This shall include not having appropriate opt-ins and/or opt-outs prior to sending such communication and the lack of maintaining records of the same.
Ultimate Beneficial Owner
Shall refer to individuals owning, directly or indirectly, 25% (twenty-five) or more of the shares of a legal entity, the voting rights of a legal entity or an ownership interest of the legal entity.
Us/We/ Our
The Group and all related Brands.
Websites
Websites operated by the Group entities, as communicated by Us to You.
You/Your
You in Your capacity as an Affiliate and partner, and any sub-Affiliates which You may engage pursuant to this Agreement.
Vulnerable Groups of Persons
Refers to, in any case, Minors, Young Adults, persons demonstrating an affinity for high-risk gambling behaviour, persons with intellectual disabilities, persons who are currently suffering from gambling addiction or have suffered from gambling addiction.
Young Adults
Natural persons from 18 up to and including 23 years old.
1 | Appointment
1.1 | Upon Your registration, You will be required to accept these terms and conditions. You must read and understand these terms and conditions fully before accepting them. In case You do not agree with these terms and conditions, You should refrain from applying to become an Affiliate. After reading the Terms, please contact Us if You still have any questions.
1.2 | Your Application to be an Affiliate will be reviewed following submission, and You will be notified in a timely manner of Our acceptance or rejection of Your Application. If the information provided by You is deemed insufficient, We reserve the right to withhold pay-out and reject Your Application to be an Affiliate.
1.3 | Upon acceptance into the Affiliate Programme, You hereby accept the appointment as an Affiliate partner of the Company. For the avoidance of doubt, any approval by Us does not imply that We may not re-evaluate Your Application at a later stage.
1.4 | You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals and that You shall have no claims to any Commissions or other compensation on business secured by or through persons or entities other than You.
2 | Affiliates’ Rights
2.1 | Licence to direct Customers to the Websites
Upon acceptance as aforesaid, We grant You for the duration of this Agreement a non-exclusive, non-transferable, revocable, limited, royalty-free licence to direct Customers to the Websites, in accordance with the terms of this Agreement and Applicable Laws.
2.2 | Licence to use certain Intellectual Property
During the term of this Agreement, You are granted a non-exclusive, non-transferable, revocable, limited and royalty-free licence to use the Approved Marketing Material as defined below (hereinafter referred to as “Licensed IP”). The licence, in conjunction with the Licensed IP granted to You in terms of this Clause, shall be conditional and strictly contingent upon the following:
– The Licensed IP may be used solely and strictly as required for You to fulfil Your obligations under this Agreement;
– The Licensed IP may not be sub-licensed, assigned or otherwise transferred by You to any third party without Our prior written permission;
– You may not modify, alter, adjust, remove, crop, manipulate or create any derivative works of the Licensed IP;
– You shall not, during the term of this Agreement or at any time thereafter, assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property rights in any action or proceeding of whatever kind or nature, and further You shall not take any action that may prejudice Our rights in the Intellectual Property (including but not limited to seeking intellectual property right related protection or file any application for such protection in any country worldwide for the Approved Marketing Materials), render the same generic, or otherwise weaken their validity or diminish their associated goodwill;
– You may not use the Licensed IP or any Intellectual Property of the Group in a manner that would create confusion to customers, notably without limitation as to the origin of the marketed goods and services, portray Affiliate as a member of the Group, or impersonate the Group;
– You shall fully comply with Clause 10.4, Clause 11, Clause 18 and The Schedules;
– You shall fully comply with any other terms of this Agreement (including any restrictions contained herein);
– All rights not expressly granted herein shall remain strictly with Us;
– Your use of any other Intellectual Property of the Company or the Group shall be strictly subject to prior written approval;
– We shall have a right to revoke the licence as provided herein at any time and without cause.
Notwithstanding anything to the contrary, the Company retains the right to request a written agreement signed by both Parties detailing any other terms which the Company at its sole discretion deems appropriate, such as any payment terms, methods of giving notices, other rights and obligations of both Parties and including a term during which You are allowed to make use of such Licensed IP provided You abide by the terms set forth by Us which shall be clearly stated within such agreement.
3 | Registration of Customers
You shall register all Customers and track their gaming activity. The Company has the right to refuse Customers or close their accounts, if necessary, in order to comply with any regulatory or legal requirements in Applicable Laws, including, but not limited to, not providing the Group entities operating the Websites with Identification Documents, Proof of Address, Source of Wealth or Funds, if they are found to be involved in fraudulent or obtaining funds from ill-gotten means.
4 | Financial reporting on Customers referred by You and related activity
The style, form, content and frequency of generated reports may, at Our discretion, vary from time to time. You will be provided with remote online access to generated reports of Referred Player activity and the Commissions attracted by that activity. To gain access to these online reports, You will need to use Your username and password as provided to You by the Company. We will provide You with a unique tracking link(s), but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track Players referred by You, if the links You use are incorrect, so You must ensure to copy the code exactly as presented in the wildzaffiliates.com Affiliate centre. We will not be liable to pay Commissions on any referred Players who are not tracked due to modified tracking codes or links. It is Your responsibility to inform the Company immediately if the tracking link provided is broken or does not work correctly.
5 | Modification of the terms and conditions
We may amend, alter, delete, interlineate and/or add to these 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. Any such updates may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral programme rules. Any such updates to these terms and conditions shall be effective immediately upon notice, by sending a newsletter to Your designated email address, display on wildzaffiliates.com and/or on Cellxpert (‘Notice’), and shall supersede all previous versions. Your use of wildzaffiliates.com and/ or continued marketing of Us or Our Products after such Notice is given to You will be deemed automatic acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement should these terms and conditions be replaced in their entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
Please also note: No purported modifications, amendments, alterations, additions, deletions or interlineations of this Agreement by You are permitted or will be recognised by us. No employees, officers or agents of the Company may verbally alter, modify or waive any provision of this Agreement.
6 | Your Warranties
By applying to be registered as an Affiliate, You warrant the following:
– The information You provide Us on registration is complete, valid and truthful;
– In the event You are a juristic or legal person, the person submitting the Application has the full right, power and authority to enter into this Agreement on behalf of such entity;
– The execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound;
– That You have all requisite legal and authority to enter into this Agreement and to carry out and perform Your obligations under the terms of this Agreement;
– You shall comply with all Applicable Laws and regulations related to the performance contemplated under this Agreement;
– Your performance of this Agreement shall not infringe the Intellectual Property or any other rights of any third party, including without limitation the right of privacy, right of publicity, contractual or other right of any person, or constitute any libel or slander of any person.
7 | Your Obligations
7.1 | You shall take reasonable steps to ensure Your employees’ reliability and proper training and that such employees understand the data protection and marketing requirements applicable to the Affiliate, the Company and the wider Group..
7.2 | The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in very serious consequences for the Affiliate itself, for the Company, or for the Group including, without limitation, fines, penalties, breaches of licence conditions and ability to do business, as well as potential civil and criminal action against the Affiliate, the Company and/or the Group by the respective authorities.
7.3 | Without prejudice to any of the Company’s rights herein or at law, the Company may terminate this Agreement, in part or in its entirety, or any of Your accounts should You act in breach of the foregoing and You shall be held fully responsible and liable for any such resulting fine, penalty, claim, action, or loss which is caused to us as a result of Your action or default as the case may be.
8 | Your website
You are not allowed to register for the Wildz Affiliate Programme if Your website is considered unsuitable. The classification of whether a website is unsuitable is to be determined at the sole discretion of the Company when evaluating Your Application prior to accepting or rejecting such. The Company reserves the right to reassess Your website at any point in time and deem it suitable or unsuitable at its sole discretion.
9 | Approved Layouts
In the absence of Our prior written approval, You will only be permitted to use Our Approved Marketing Material as made available at the Wildz Affiliate Programme or as supplied directly to You by Us, and will not alter its appearance nor refer to Us. Our Products or Our/ their partners in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by Us and constitute the only authorised and permitted representation of Our Products’ sites.
10 | Marketing Compliance
10.1 | You shall comply with all Applicable Laws, including the applicable Market-Specific Requirements. For the Market-Specific Requirements and the applicable authorities, please refer to the Schedules. In the event of any conflict between any Market-Specific Requirement contained in the Schedules and any of the terms otherwise set out in this Agreement, the Market-Specific Requirement shall prevail to that extent and in respect of the applicable Market only.
10.2 | Direct Marketing
10.2.1 | You shall not send Spam to any person, whether a Customer or otherwise, at any time. Any form of Direct Marketing communication shall be strictly prohibited. Any Direct Marketing carried out that looks like it is coming directly from any of Our Brands or in the Company’s name, likeness, or copyrighted material shall be considered a material breach of this Agreement with the respective consequences. Markets may have specific requirements when dealing with direct marketing. You are required to check those before You proceed with any communication. Please refer to the Market-Specific Requirements in the applicable Schedules.
10.3 | Approved Marketing Material
10.3.1 | Once successfully registered as an Affiliate of the Company of one of the Brands, You will have access to Approved Marketing Material. You may place said materials on Your site and/ or utilise them via e-mail and/ or direct marketing and/ or social media and/or print media, but You may not use any Intellectual Property of the Group (notably without limitation the Brand or related trademarked material) with respect to mobile applications, notably without limitation as keywords for any mobile application or to impersonate Group or create confusion as to the origin and/or nature of the goods and services provided within the scope mobile application. These are the designated methods by which You may advertise Us.
10.3.2 | It will be Your responsibility to ensure that the use of such Approved Marketing Material is strictly in accordance with any specifications, obligations and/or limitations in these terms and conditions and any Applicable Law. We reserve the right to request You to take down any form of use of the Approved Marketing Material which it deems to be non-compliant with this Agreement or Applicable Law or infringing Intellectual Property of the Group.
10.3.3 | Should You be in any doubt, please contact [[email protected]](mailto:[email protected]) before publication. All Approved Marketing Material must be kept current, and You shall utilise new Marketing Material forthwith after it is made available to You by Us.
10.4 | Before we approve Your account, we will advise You to share Your traffic sources and determine whether You are compliant.
10.5 | Furthermore, any form of traffic that is generated from any medium that is aimed at Vulnerable Groups of Persons, promotes violence, includes narcotic material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates any Intellectual Property rights, or are otherwise considered by Us to bring the Brands or Us into disrepute or prejudice the interests of the Group in any way or is capable of creation of confusion of the customers, is considered unsuitable, and constitutes a serious breach of this Agreement.
You shall be responsible for monitoring Your networks and traffic sources regularly to ensure full compliance with this Clause at all times.
10.6 | Manipulation/Advising Players to the Detriment of the Brands
You shall not advise or incentivise Players that You refer in any manner that would negatively affect the profitability of the affiliate relationship between You and us. Prohibited activities include, but are not limited to, advising Players about ways in which the Brands’ Products could be abused or manipulated.
10.7 | Non-Compliance
Any form of breach or non-compliance with Clause 10 will result in Your account being placed under review immediately and any Commissions due to You being withheld pending an investigation. For the purpose of this Clause 10, Penalty shall mean as defined within the applicable Market-Specific Requirements in the Schedules. We shall be entitled to enforce a Penalty, which will be deducted from Your account. If this occurs, the amount of the Penalty will be deemed fair and acceptable to You. Should the Penalty and/or any additional payment due to Us (including without limitation expenses and/ or damages in dealing with such breach of this Clause or being blocked by third-party Internet Service Providers) not be covered by funds in Your account, We have the right to investigate other alternative means for obtaining these payments from You, including the right to demand direct payment from You.
The non-adherence to the terms may result in the immediate termination of the relationship between You and the Company.
Should You require more information regarding this clause, please contact us at [email protected]. Should You report any breach of this Clause, please contact us at [email protected].
Schedules
Marketing Compliance Requirements Malta
11 | Good Faith / Ethical Conduct
You will not knowingly benefit from known or suspected traffic which, in the reasonable opinion of the Company, is not generated in good faith, including but not limited to traffic generated via Spam or through the use of Intellectual Property of the Group (notably without limitation the Brand) in conjunction with mobile applications or contrary to these terms and conditions, whether or not this actually causes damage to Us or otherwise. For the avoidance of doubt, this includes undertaking any fraudulent activity whatsoever, including, for separate deals like Cost-Per-Acquisition (CPA), referring players which We deem low-value. In such cases, we reserve the right to withhold any payment of Commissions that may have been generated.
12 | Copying of Sites or Theft of Site Content
If it can be reasonably proven that Affiliate earnings have been lost due to an incident of copying theft, We reserve the right to pay revenue generated by the offending Affiliate to the aggrieved Party. Complaints in relation to this Clause should be sent by email for investigation.
13 | Your Restrictions and sub-affiliates
13.1 | You shall not be entitled to any Commissions in relation to any sub-Affiliate if, in the case that You are a legal person, they are Your employee, director, shareholder and/or agent or, in the case that You are a natural person, they are Your employee, agent and/or direct family member.
13.2 | You shall not earn any Commissions on Your own Customer Account nor on the Customer Account/s of Your employees or family members.
13.3 | For the avoidance of doubt, any prospect of engaging sub-affiliates by You shall be first communicated to Us and approved by Us in writing prior to any such use. We reserve the right to request any and all documentation required to on any such sub-affiliates.
14 | Confidential Information
Except as otherwise provided in this Agreement, or except within the Group, or with the consent of any other Parties hereto, all Parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Us or You, respectively, or any of Our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by such Party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such Party hereto or its Affiliates. During the term of this Agreement, You may be entrusted with Confidential Information relating to the business, operations, or underlying technology of the Company, the Group and/ or the Affiliate Programme (including, for example, Commissions earned by You under the Affiliate Programme). You agree not to disclose or use the Confidential Information in any manner or share it with third persons or outside parties unless You have Our prior written consent or are legally obligated to do so and that You will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
15 | Data Protection and Privacy
You understand and agree that for the purpose and in terms of this Agreement, You shall not, whether for Direct Marketing or otherwise, process any personal data on behalf of any company belonging to the Group. In the light of the foregoing, with respect to any data that You process, as such process is to be deemed completely out of the scope of this Agreement, You solely determine the purpose and means of processing, and therefore, You are in terms of Applicable Laws considered a controller of personal data and that You shall be solely responsible for and shall ensure its full compliance with, inter alia, all legislation, obligations and requests, by any authority in accordance with applicable EU data protection legislation or any legislation the jurisdiction in which You and the Company are domiciled or operate in. For the avoidance of doubt, The Brands or the Group shall not, under any circumstances, be considered a controller or a processor of personal data, respectively, for the purposes of this Clause and/or this Agreement because there is no sharing or processing of personal data between You and the Group.
You warrant that You will cooperate fully and promptly with the Company in the event that the Company requests information on Your data protection practices, including Your cookie compliance, for any reason.
You shall make clear to any users of Your website, or any other website that is used by You in conjunction with this Agreement, which cookies are in place and whether these cookies are used by You or by third parties. You shall obtain the respective user’s informed consent to the use of such third-party cookies and post a prominent link to the privacy/cookie policy, which shall provide detailed information about third-party cookies and an explanation as to how these can be disabled (for example, by providing information about how users can customise cookie settings in browsers). Throughout the term of this Agreement, You warrant full compliance with any cookie-related laws that may be applicable and as updated from time to time.
16 | Your Account Information and Due Diligence
16.1 | To comply with Applicable Laws and any further requirements from the applicable regulators, You may be required to provide us with information on Your account details. You are hereby notified that we carry out verification procedures and that Your account may be blocked for access, suspended or closed if we suspect that You have supplied us with false and/or misleading information. In such cases, we reserve the right to withhold any payment of Commissions that may have been generated.
16.2 | The Company reserves the right to perform background checks on any Affiliate or any entities or natural persons related to the Affiliate. The Company may request any relevant documentation such as copies or certified copies of Your or any related entities’ company formation documents, including but not limited to Certificate of Incorporation and/or Registration, Company Policies and Ultimate Beneficial Owner Identification documents, as well as copies of documents associated with linked individuals, such as passports or other identification documentation, proof of addresses, source of wealthas part of Our Due Diligence Procedures, at all times and, for any reason, including (but not limited to) any further checks into the identity of the Affiliate, or any enquiries into the Affiliate’s corporate and personal history. The Company may also request any documentation previously provided which would have later expired or would no longer be valid for any reason, or to request any additional KYC documentation for any reason and at any time. Any non-completion or non-cooperation for documentation requests may result in the Account termination and/or transactions being withheld. The Company is not obligated to advise the Affiliates of such checks. Such activities may include the use of specific third party companies, who perform the investigations as required. The Company may decide at its sole discretion to terminate an Affiliate’s Account and withhold all funds in such Account on the basis that such an investigation provides a negative or uncertain conclusion.
16.3 | You confirm that You are compliant with all Applicable Laws and any applicable Market-Specific Requirements.
16.4 | You confirm that any changes to Your corporate or personal information or any other relevant information shall be communicated to the Company within 15 (fifteen) working days from the change and that all information provided is correct to the best of Your knowledge, and that You are authorised to provide the Company with all relevant information required on behalf of Your company.
17 | Anti-Money Laundering
You may not directly or indirectly benefit from or be a party to any money laundering or related illegal activities. It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Wildz Affiliate Programme to facilitate criminal activity.
You shall comply fully and promptly with any anti-money laundering-related requests as may be required from You by the Company.
18 | Trademark Infringements
You acknowledge that the Group has registered trademarks in relation to the Brands and You therefore agree that You shall not infringe or threaten to infringe, or carry out any unauthorised use of the Brands, the Products, or any other Intellectual Property of the:
– Ad bidding: any bid made by You to any Internet search engine or mobile application on keywords including, without limitation, Wildz, Wildz Casino, Caxino, Caxino Casino, Wheelz, Wheelz Casino, Spinz, Spinz Casino, Chipz, Chipz Casino, Tuplaus, Tuplaus Casino or any other Group trademarks, and/or variations thereof or words that are confusingly similar, or
– Mobile Applications: use of the Brand, and/or Wildz, Wildz Casino, Caxino, Caxino Casino, Wheelz, Wheelz Casino, Spinz, Spinz Casino, Chipz, Chipz Casino, Tuplaus, Tuplaus Casino and/or variations thereof or words that are confusingly similar as a name of a mobile application or name of the developer/operator of the mobile application Group during the term of this Agreement or thereafter.
– In the event of a breach of this Clause 18, We will be entitled to exercise all means available to enforce or defend Our rights with respect to any given territory, and You shall fully comply with Our requests immediately and without delay.
19 | Limitations on URLs
The use of Brand names, including without limitation Wildz, Wildz Casino, Caxino, Caxino Casino, Wheelz, Wheelz Casino, Spinz, Spinz Casino, Chipz, Chipz Casino, Tuplaus, Tuplaus Casino trademarks or any variation of these names or any use of any words that are confusingly similar, in affiliate URLs is restricted and prohibited. Our Brand names may not be used in a derivative URL or Subdomain. For example:
– www.Yoursite.com/Wildz.html – Allowed
– Wheelz.Yoursite.com – NOT Allowed
– http://www.YoursiteCaxino.com/ – NOT Allowed
– http://www.WildzYoursite.com/ – NOT Allowed
20 | Restricted Territories
Affiliate marketing efforts may not be directed at any resident in any jurisdiction where their participation in online gambling would conflict with Applicable Law, for example, the United States of America and its dependencies. In this regard, it is Your sole responsibility, the Affiliate, to understand and comply with all Applicable Laws in all the jurisdictions where Your Affiliate Sites are accessible and from where Players may originate.
For Market-Specific Requirements, please refer to Our Schedules.
We reserve the right to update this list at any time and take legal action against You should You advertise Our Brands to individuals within the aforementioned jurisdictions.
21 | Offer Limitations
You shall not offer any rake-back, cash-back, value-back, or similar offers other than the Programmes offered by Our Brands.
22 | Information Security
You are obliged to abide by Clause 15 of these terms and conditions.
Processing or possession of any Player information is against our terms of service. If You end up with any Player’s personal data in Your possession, You must immediately advise [[email protected]](mailto:[email protected]) so that it may be investigated. Failure to abide by the above will be considered a breach and may trigger any necessary actions as described in Clause 33.
23 | Affiliate Deal Payment Models
Please refer to Your account on Cellxpert for specific information regarding Your payment model and the relevant terms below for specific guidance relating to Revenue Share, CPA, or Hybrid Deals, as may be applicable.
24 | Terms Applicable to Revenue Share Deals
Under the Revenue Share Deal, You will receive a payment based on income generated by Players referred by You to each Brand, based on the model outlined below.
We reserve the right to change such a model at any time and without notice.
Calculation of revenue share is calculated as follows:
– Earnings between €0.01 and €5,000 – 25% Net Gaming Revenue across all Products by the Players.
– Earnings between €5,000.01 and €15,000 – 30% Net Gaming Revenue across all Products by the Players.
– Earnings between €15,000.01 and €30,000 – 35% Net Gaming Revenue across all Products by the Players.
– Earnings over €30,000.01 – 40% Net Gaming Revenue across all products by the Players.
25 | Negative Carry Over
You are eligible for payment on the balance of Your earnings. Negative commission balances in respect of Revenue Share Deals will be set to zero and there shall be no Negative Carry Over in the following month(s) save as set out below.
If in any given calendar month, a Customer generates negative commissionable revenue of at least €100,000 (one hundred thousand Euro) then such Customer shall be considered a ‘High-Earning Customer” in Our system. In calculating the Commission for such High-Earning Customers, where commissions generated by You results in a negative amount in any calendar month(s), then We shall have the right to carry forward such negative amounts and the negative amounts will be applicable to and set off against any future Commissions payable to You until the negative balance has been fully set off against future positive commission. If any High-Earning Customer has a negative commissionable revenue which is higher than €100,000 (one hundred thousand Euro) in the last calendar month prior to the current unbilled calendar month then this negative commissionable revenue will be considered as Negative Carry Over and used to calculate the Commission for the current unbilled calendar month.
26 | Terms Applicable to Cost Per Acquisition (CPA) Deals
Under any CPA Deal, You will receive a predetermined amount for each Player, as agreed with the Affiliate. There shall be no revenue share component under this model. We reserve the right to change the CPA Deal at any time without notice.
Unless agreed otherwise between the Parties in writing, the first fifty (50) Players referred by You under the CPA Deal are to be seen as a test phase in which We will assess their quality. After the test phase has been completed, We shall, at Our sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts based on the results obtained in the testing phase.
You shall only qualify for a commission under the CPA Deal if Your referred Players make a deposit on the Website(s) within thirty (30) days. All deposits made by the Player outside of the thirty (30) day window shall be considered late conversions, and You shall not be eligible for the Commission.
27 | Terms applicable to Hybrid Deals
Under any Hybrid Deal, Your payment will contain elements of a Revenue Share Deal and a CPA Deal based on the abovementioned models.
To avoid doubt, the terms applicable to Revenue Share Deals, as outlined in Clause 24, and those applicable to CPA Deals, as outlined in Clause 25, shall also apply to Hybrid Deals.
28 | Payment Options
Payment shall be made by Us to You by way of the method selected by You upon registration or accessible through the ‘payment information’ section of Your account at any time. You may only choose from:
– Skrill
– Bank wire transfer
If selecting ‘bank wire transfer,’ Your bank account must be able to receive euro amounts.
Should You fail to register a valid payment method and full correct details upon acceptance of these terms and conditions, we will not contact You to inform You to update Your details. Please contact us in case You experience any issues with registering a payment method.
We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising. However, we aim to process the Commission earned by You in the previous calendar month by the 15th of the following month.
29 | Cross-Tracking
We will endeavour to ensure that all Players are cross-tracked to Products that You have chosen to promote if a Player chooses to play a product other than the advertised product.
30 | Term and Termination
30.1 | Term
The terms of this Agreement shall commence on the Commencement Date and shall continue until terminated on notice by either Party.
30.2 | Termination
Either Party may give notice of termination in writing to the other at any time. Delivery via e-mail will be considered a written and immediate form of notification, and the Agreement shall accordingly terminate immediately.
We reserve the right to terminate this Agreement immediately upon any breach of this Agreement by You or Your Affiliate Network.
For the avoidance of doubt, if You hold multiple accounts, we reserve the right to terminate each account separately or to exercise any termination right that emerges in relation to one account against other accounts, at our sole discretion.
31 | Consequences of Termination
In the event of termination of this Agreement for any reason:
You will promptly return to Us any Confidential information and/ or Customer Information and all copies of it in Your possession, custody and control, and upon request, irrevocably destroy any Confidential Information belonging to Us and cease all uses of any Licensed IP. You will take immediate steps to transfer ownership to the Company and/or the Group, as the case may be of any derivative URL established by You at a cost to the Company not exceeding that incurred by You in registering the derivative URL but not the costs incurred in developing the derivative URL. You and the Company and our electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall 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. Termination will not exculpate You from any liability arising from any breach of this Agreement that occurred prior to termination and shall not affect or limit in any way Our rights pursuant to Clause 35. You will only be entitled to unpaid Commissions (if any) earned by You on or prior to the date of termination. However, if You have committed a breach of this Agreement, You shall not be entitled to any unpaid Commissions generated after the breach occurred, irrespective of whether this Agreement has been terminated or otherwise until such breach is remedied. You will not be entitled to any revenue generated after the date of termination. We may withhold the final payment for up to three months to ensure that the correct amount has been calculated and paid. If We continue to permit activity (generation of revenue) from Customers after termination, this shall not and shall not be construed to constitute a continuation or renewal of this agreement or a waiver of termination.
32 | Relationship of Parties
32.1 | The Parties are independent contractors, and nothing in this Agreement will create any legal partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. You shall have no authority to make or accept any offers or representations on Our behalf. You shall not make any statement on Your site or otherwise, that conflicts with Clause 31.
For the avoidance of doubt, You shall be solely responsible for the actions of Your Affiliate Networks and for monitoring Your Affiliate Networks to ensure compliance with the terms of this Agreement. You shall be held solely responsible for a breach of the terms of this Agreement by Your Affiliate Network, and We shall be entitled to take any action against You, without limitation, available under this Agreement in respect of such breach.
32.2 | You will not be treated as an employee with respect to any applicable statute, ordinance, rule, or regulation of any country.
33 | Representation of the Brands
You shall not make any claims, representations, or warranties in connection with any of the Brands, and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement unless agreed to in writing by Us.
34 | Indemnity, Disclaimers and Limitation of Liability
34.1 | Indemnity
You shall defend, indemnify, and hold the Company, the Group and Our electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:
– any breach by You of any warranty, representation, or agreement contained in this Agreement, the performance of Your duties and obligations under this Agreement,
– Your negligence, or any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorised use of Our banners, copies and link or this Affiliate Programme;
– all claims, damages, and expenses (including, and without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Your site;
– any proceedings, penalties or sanctions imposed by the relevant authorities as well as any costs and expenses of legal representation attorney’s fees incurred in relation, arising out of or resulting from any breach or non-compliance, non-performance of this Agreement or any part thereof, or non-compliance with Applicable Law.
34.2 | Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Programme, any Brands or payment arrangements (including, without limitation, their functionality, warranties of fitness, Product-ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We do not represent that our site’s operation (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
34.3 | Limitation of Liability
Your liability, whether under contract, tort or otherwise (including any liability for negligent act or omission), shall not be in any manner excluded or limited and shall include, without limitation, also any liability for any indirect and consequential damages incurred by Us or the Group including loss of profits, revenue, business, contracts, anticipated savings.
For the avoidance of doubt, You shall be solely liable towards Us for breaches of this Agreement by Your Affiliate Networks.
We will not be liable for direct, indirect, special, punitive, or consequential damages or for any loss of any nature whatsoever arising from or in connection with this Agreement or the Affiliate Programme, even if we have been advised of the possibility of such damages.
Furthermore, Our aggregate liability arising with respect to this Agreement and the Programme shall not exceed 10% of the total Commissions paid or payable by Us to You in the previous 6 months from when the respective breach occurred under this Agreement.
Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Commissions generated and is limited to direct damages.
34.4 | Remedies
Our rights and remedies in these terms and conditions shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision.
You acknowledge that We may, without prejudice to any other right available,
– Immediately suspend Your membership in the Affiliate Programme and/ or
– In Our absolute discretion, not pay You any funds due to You as Commissions,
if You have committed a breach of this Agreement, or if We are not satisfied with the information You are required to provide to us in terms of Clauses 10.3, 10.5, 10.6, 15 and 17 and Market-Specific Requirements.
Additionally, should Your account be inactive for a rolling period of six (6) months and as a result You do not generate at least ten (10) First Time Depositors (FTDs) during such period we reserve the right to mark Your account as ‘inactive’ and as a result, suspend or close Your Affiliate Account with immediate effect. If your account is suspended or closed, any outstanding Commissions may be forfeited. In cases where your account is suspended, We may consider re-activating Your Affiliate Account on conditions communicated by Us to You. .
We further reserve the right to report You to the relevant authorities should We, in our absolute discretion, determine that we are obliged to do so in compliance with Applicable Law.
You acknowledge that damages or a Penalty as defined within the Market Specific Requirements may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the Parties may be enforceable by specific performance, injunction, or other equitable remedy.
Nothing in this Agreement shall limit or affect any of Our rights at law or otherwise for a breach or threatened breach of any provision of this Agreement. This provision is intended to make clear that the enforcement of Our respective rights and obligations shall not be limited in any way.
The rights and remedies outlined in this Clause, and in these terms and conditions, may be exercised against any or all of Your multiple accounts at Our sole discretion.
35 | Governing Law and Jurisdiction
This Agreement will be governed by the laws of Malta. The Regulations and Directives, and any subsequent or complementary legislation applicable in Malta.
Any disputes arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the Arbitration Act (Chapter 387 of the Laws of Malta) as presently in force and the Rules of the Malta Arbitration Centre or any other competent courts and/or tribunals in Malta. The language of the proceedings shall be English, and the arbitration shall take place in Malta.
36 | Mutual Support
Both Parties shall mutually support each other in achieving the spirit, purpose, and object of this Agreement.
You shall comply with, inter alia, all legislation, obligations and requests as required by the Company or by any authority in accordance with applicable legislation in the jurisdiction in which You or the Brands are domiciled or operate.
You warrant that You will cooperate with Us fully and promptly if the Company requests information on Your practices. You agree that We may monitor such practices to ensure compliance with applicable legislation. Should the Company discover non-compliance with any applicable legislation, We reserve the right to take any action which it deems necessary, including but not limited to terminating this Agreement with immediate effect, immediate closure of Your account and withholding all funds due to You. You agree to indemnify Us for any damages suffered as a result of a breach of this Clause and this Agreement, and the Company further reserves the right to take any action to which it may be entitled in the event that it suffers any damage whatsoever due to Your non-compliance with this Clause or this Agreement.
37 | Third Parties
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. For the avoidance of doubt, this Clause shall not apply to Affiliate Networks.
38 | Assignability and Inurement
You may not assign this Agreement by law or otherwise without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
39 | Non-Waiver
Our failure to enforce Your strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Our right to subsequently enforce such provision or any other provision of this Agreement.
40 | Severability/Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
41 | Non-exclusivity
To avoid doubt, it is understood that this Agreement shall not limit the Company to entering into similar agreements or providing similar services to or with other persons (an individual or a company).