Set out below is an agreement ("Agreement") between us, operating the GoWild Affiliate Program, and you, containing the terms and conditions that apply to all members of our GoWild Affiliate Program. Please read this Agreement fully and carefully. By submitting the application form, you will be deemed to have agreed to join our GoWild Affiliate Program and to be bound by the terms and conditions set out in this Agreement, and, subject to our agreement to receive you as an affiliate in the GoWild Affiliate Program, this Agreement will automatically become valid and binding as between you and us.
Definitions
"Banners and Text Links" are the graphical artwork or text that will be directed to Sites through your Tracker, to permit a Player to hyperlink from your website to any Site.
"Casino Net Revenue" means the amount of Casino bets minus Casino winnings minus Casino bonuses plus adjustments to Casino bonuses.
"Chargeback" , A transaction which is not collectable by the credit card company or other financial company as a result of customer non-payment or fraudulent credit card use, or other Player payment transaction which is revoked and for which a credit is given.
"CPA Payment" is the one-time payment for every qualifying Player payable to you if you choose the CPA payment plan.
"Deposits" are the funds transferred by Players to their player accounts at the relevant Sites.
"Fraud" means an actual or attempted act by you or any Player which is (1) illegal in any applicable jurisdiction, (2) made in bad faith, or (3) intended to defraud us or any of the Sites and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us or any of the Sites any damage or harm. Fraud shall include, without limitation, collusion; abuse of bonuses or other promotions; abuse of the commission structure; violation of money-laundering or other laws and regulations false, misleading or unauthorized advertising or representations; use of stolen credit cards; and unauthorized use of any intellectual property rights (including third parties' and any of our or the Sites' rights).
"Marks" means any logo, trade mark, trade name, design, domain name or similar identifying material that are owned or licensed by us or by any Site.
"Player" is a person that enters any Site via your Tracker(s), has opened a new player account with such Site and is qualified and authorized to access and use the Site in accordance with the terms and conditions of use with all applicable laws, rules and regulations.
"Promotion Mails" means graphical artwork or text regarding specific promotion campaigns, sent by us from time to time for dissemination by you.
"Revenue Commission" is the percentage of Casino Net Revenue payable to you when you choose the Revenue Share payment plan.
"Sites" are the websites promoted by us and offered within the GoWild Affiliate Program, as they may be from time to time, and all of their related pages.
"Sub-Affiliates" mean persons who were introduced to us by you and who join our GoWild Affiliate Program as regular affiliates, and in respect of which we shall pay you certain commissions, as further described in this Agreement.
"Trackers" are the unique tracking URLs that we provide exclusively to you for the term of this Agreement, through which we track Players and calculate your Revenue Commission or CPA Payment, as applicable.
1. AppointmentBy this Agreement and upon receiving your application form, we will consider accepting you as an affiliate in our GoWild Affiliate Program. If we decide, in our discretion, to accept you as an affiliate, this Agreement will become valid and binding as between you and us, and we will hereby grant you the non-exclusive, revocable right to direct potential players to the Sites, in accordance with the terms and conditions of this Agreement.
This Agreement does not grant you an exclusive right to direct potential players to the Sites or any other exclusive right in connection with the Sites or with the GoWild Affiliate Program. Except for the payment of the Revenue Commission or CPA Payment, as applicable, you will not have any rights with respect to any Players.
We may operate additional affiliate programs in connection with the Sites or any other sites, and you will have no right in connection with such other programs, other than those rights we may expressly grant to you.
2. Termination of affiliate accountThe term of this agreement will commence on until either party sends written notification to the other that it wishes to terminate this agreement. Upon receipt of written notification by either party, the agreement will be considered to be terminated immediately. Termination is at will, for any reason, by either party. For purposes of notification of termination, email is considered a written and immediate form of notification.
Upon termination notwithstanding to the mentioned bellow, if this agreement is terminated by GoWild Affiliates on the basis of affiliate’s breach of any of the terms and conditions of this agreement, then GoWild Affiliates’ only obligation shall be to pay to the affiliate the earned but unpaid commissions as of the termination date, but shall not be obligated to pay any further commissions on players referred to clients by the affiliate;
The Affiliate must remove all references to the Clients from the Affiliate’s websites and communications, remove all marketing tools and disable all links to the sites;
The affiliate will be entitled only to those earned and unpaid commissions for players that are tagged with the affiliate tracking tag as of the effective date of termination; however, it is hereby clarified that as of the effective date of termination the affiliate will only be eligible to receive commissions for players that were tagged by the affiliate’s tracking tag prior to the account termination notification date;
Upon termination GoWild Affiliates will be released 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.
3. Commercial Use OnlyThe marketing opportunity presented in our Affiliate Program is for commercial use only, and you, your family members, friends or associates may not make Deposits, directly or indirectly, through any of your Trackers for your or their own personal use or to increase the amounts payable to you under this Agreement by any act which involves Fraud.
4. Player's privacy
It is clarified that any and all data relating to the Players shall be and remain our exclusive property.
5. Your Rights and Obligations5.1 Promotion and Link to Sites
Joining the GoWild affiliate program, you agree to market, promote and refer potential Players to the Sites, you will promote the sites using a unique link on your site/s which will link the player to our sites and/or by distributing Promotional Mails received from us or approved by us. This link may be established with one or more of our Banners and Text Links. You will be solely liable for the content and manner of your marketing and promotion activities. With our written permission, you may link directly to the Sites exe download file, and in this case we may ask you to comply with additional relevant requirements. All such activities must be conducted at all times in a professional and lawful manner.
5.2 Responsibility
GoWild affiliate system will not be responsible for any unethical, unlawful and/or offending activity made by you in order to promote our sites. GoWild affiliate reserves the right to cancel your subscription with the affiliate program and receive compensation from you and/or your organization for any damage caused to us or to a 3rd party by these actions.
5.3 Approved Layouts usage
You understand and agree that all promotional material used by you in order to promote our sites will be our genuine and approved banners, Email layouts, text links, etc. you will not alter their appearance, design or content, unless we give you our prior written authorization. all promotional materials and text provided to you are GoWild affiliate program's property and you are allowed to use these materials only while being subscribed to our program or until farther notice and only in order to promote our sites in a way which do not dishonor or abuses the site's reputation.
5.4 Legal age
Signing this agreement you must have at least 18 years of age or any other age above 18 which by your jurisdiction's laws permits the affiliations of gambling and gaming sites. We reserve the right to ask for proof of age from you at any time and your account may be suspended until a satisfactory proof of age is provided to us.
You will not by yourself, nor will you allow, assist or encourage others to, market and promote the GoWild Affiliate Program or any of the Sites, directly or indirectly, to persons that are less than 18 years of age or such higher age as may apply in the jurisdiction that you are targeting, or develop or implement marketing and promotion strategies in respect thereof.
5.5 General legality
You accept and agree that your participation and cooperation with GoWild affiliate program must be legal and legitimate according to all laws that apply to you. You hold sole responsibility to all consequences which might occur by your actions and leaves GoWild affiliate program free of any responsibility or consequences that your actions might result with . Incase that you are unfamiliar or not sure whether your actions are following these terms, you are obligated seek legal advice. GoWild affiliate program do not provide you with any legal recommendations or assurance regarding to such legality
5.6 Fraud
You are hereby obligated not to be involved with any fraudulent activity. You will not engage in, allow, promote, assist, encourage or benefit from, directly or indirectly, any act or traffic that involves Fraud. You will immediately stop and report to us on any fraud attempts on our web site/s and share any information that you might have regarding to these acts. you will not intentionally or by negligence send to our sites, traffic that you know to be private or organized wagering syndicates dedicated to changing and manipulating the odds of the games or creating an advantage play over the sites and/or the site's players.
5.7 Private promotions
You will not advertise, promote or offer the GoWild players any private promotions unauthorized by us whatsoever, that include rake backs, free money, private tournaments, etc. Any promotion being offered to the players must be authorized in writing by GoWild affiliate program. In any case of dispute go wild reserves the right to use or perform any action in order to enforce this agreement. Any conduct that the casino in its sole discretion determines to be fraudulent conduct which shall include, but not be limited to, fraudulent transactions and and/or Charge Backs.
5.8 Privacy and Confidentiality
During your participation in our Affiliate Program, we may disclose to you or you might otherwise obtain certain information which is either marked or by its nature is confidential and proprietary to us (herein referred to as "Confidential Information"). You shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement. Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by applicable law or any legal agency having jurisdiction over you (in which case you will give us prompt notice of such requirement).
5.9 General conditions
By this agreement you will not use spam messages in any form, Do any act that disparages us or any of the Sites promoted by GoWild affiliates, Copy or take influence from the web site in any way and/or claim to be a direct representative of the web sites.
6. Our Rights and Obligations6.1 Trackers and registrations.
The players you send to our sites will be using any registration form the sites will provide, their games results will be tracked while they are playing and calculated by our systems. We reserve the right to change the registration systems and the tracking systems from time to time, you will be notified about the changes by Email or by a public message and your player's information will remain accurate. We hold the right to refuse new players, close existing accounts,etc. Players who have been flagged as bonus abusers, bonus seekers, bonus hunters,colusion players or found involved any other fraudulent activities will be considered as unwanted players and their profits will not be included in your commission whatsoever.
6.2 Payments
Payments will be processed according to our applicable payment plan and according to these terms and conditions. We will facilitate payment of Commission to You, based on income from purchases and play from Your Customers after they open an account with one of our sites. Payment shall only be made to You once you reached the minimum payment limit that will be agreed on your comission plan. We reserve the right to change payment terms at any time and for any reason.
6.3 Information
On demand, we will allow you to access information relevant to your player's activity, this information will remain confidential and will not be used for any other reason beside examining your player's stats unless if you receive a written authorization from us to use this information or a part of it in any other specific way. the reports will be available on demand. signing this agreement you declare that GoWild Affiliate program is free to close access to these systems under any reason whatsoever without prior notification and will not be held responsible for any direct or indirect damage that might occur as a result of these actions, We from our side will make efforts to notify you about these actions within a reasonable time frame when possible.
6.4 Communication
All communications between you and us will be documented, recorded and or saved in our archives for any case of dispute or misunderstanding. We are not obligated to supply these documentations, recordings,etc and these will remain discrete and secured for your privacy. signing this agreement you give us permission to record, save,etc and we are privileged yet not obligated to do so under our own discretion.
6.5 Privacy and confidetiality
We are committed at all time for secrecy and confidentiality of your identity and information. However, We shall be entitled to inform relevant authorities, online casino operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you will cooperate fully with us to investigate any such activity.
6.6 Identity veification
GoWild affiliate program phorbid any unlawful behavior such as but not limited to :money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The details you will suply to us will be verifyed by obtaining information from information sources and data. We will make our best efforts to reasonably ensure that we know the true identity of any of our affiliates. You agree to provide us any supporting documents requested by us. You are aware that we have the right to delay payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals valid passport copy; valid driving license copy; a copy of a utility bill; a letter of reference from your bank and a copy of a bank statement. For a company, supporting documentation may include a copy of the company's certification of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficiary owner of the company and the identity of the directors of the company.
6.7 General
We may amend, alter, delete, interlineate or add to 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.
6.8 Commision plans
| Time period \ Player's net revenue |
up to $2000 |
$2000 - $10,000 |
$10,000 - $20,000 |
$20,000 - $50,000 |
$50,000 - $150,000 |
$150,000 and more |
| First two months | 50% | 50% | 50% | 50% | 50% | 50% |
| Third month and on | 25% | 30% | 35% | 40% | 45% | 50% |
6.9 Calculation of Casino Commission You will earn, based on:
- The Casino Net Win (Gross Win less Progressive Contributions (progressive games only) less Non-Cash Items less Fraud)
If in a calendar month the Casino Net Win generated by You is less than or equal to US $2,000 You will earn 25% Commission on the Casino Net Win.
If in a calendar month the Casino Net Win generated by You is greater than US $2,000.00 but less than or equal to US $10,000.00, You will earn 30% Commission on the Casino Net Win.
If in a calendar month, the Casino Net Win generated by You is greater than US $10,000.00, but less than or equal to US $20,000.00, You will earn 35% Commission on the Casino Net Win.
If in a calendar month, the Casino Net Win generated by You is greater than US $20,000.00, but less than or equal to US $50,000.00, You will earn 40% Commission on the Casino Net Win.
If in a calendar month, the Casino Net Win generated by You is greater than US $50,000.00, but less than or equal to US $150,000.00, You will earn 45% Commission on the Casino Net Win.
If in a calendar month, the Casino Net Win generated by You is greater than US $150,000.00, You will earn 50% Commission on the Casino Net Win.
6.10 Calculations
All calculations in connection with the amount payable to you, whether under the Revenue Share or the CPA payment plans, will be made by us and based solely on our systems' data and records, and our calculations will be final and binding.
6.11 Business by other entity
You shall have no claims to Any comissions on business secured by or through persons or entities other than yourself.
We will send you every month a statement of account showing any balance due to you, if any, and if we will not receive any comments as to the correctness of the statement within two weeks, the statement of account will be deemed to have been accepted and agreed by you. You will be paid on a monthly basis, provided the amount payable to you is not less than $200. If this minimum amount is not reached in a particular month, we will be entitled to withhold payment and carry the amount due to you to the next calendar month and so on, until the minimum amount is reached. All payments will be due and paid in US Dollar or in any other currency in our discretion.
We will transfer funds only to the designated account appearing in your application form. Third party wire transfer is prohibited.
The credit card processing fees applicable to Players, as well as other processing fees if any will be applicable in the future, will be deducted from the Casino Net Revenue. as applicable, from which your Revenue Commission is derived. Credit card current processing fees are 4%-6% of all credit card Deposits. Checks, wire transfer and Western Union payments do not presently charge any processing fees. Such fees, however, are subject to change at any time.
6.12 Right to Withhold Amounts
We reserve the right to withhold all amounts due and payable to you under this Agreement if we believe that any Fraud has taken place or is contemplated which involves you, whether or not the withheld amounts relate to the event in question. If we believe that a Fraud has taken place or is contemplated by any Player without your knowledge, we will be entitled to withhold any amounts due to you in connection with such Fraud. We will also be entitled, in the foregoing events, to set-off from future amounts payable to you any amounts already received by you which can be shown to have been generated by Fraud.
We do not support nor give hand to any kind of content stealing or copying (site scraping), and we reserve the right to close your account with us if you will be proven to use such methods, and/or to transfer the amounts payable to you to the original content creator.
We reserve the right to delay or withhold payments if any supporting documents are not provided to us upon request.
If we determine, in our sole discretion, that you have engaged in any activity forbidden in this Agreement, including without limitation activity that involves Excluded Territories, or that you have otherwise breached any of your representations, warranties or undertakings in this Agreement, we may (without limiting any other rights or remedies available to us) withhold any amounts due and payable to you hereunder, whether or not generated by such forbidden activity or breach.
Fraud: any conduct that the casino in its sole discretion determines to be fraudulent conduct which shall include, but not be limited to, fraudulent credit card transactions and / or Charge Backs. Gross Win: the total revenue generated by the casino as a result of all purchases by players introduced to the casino by You.
Non-Cash Items: the value of free credits or cash handed out to players by the casino or any other direct costs incurred to maintain the loyalty of a player (e.g. the cost of a gift to a player ) Progressive Contributions: a percentage of revenue generated on any progressive game that is paid over by the casino into a progressive pool.
6.13 Balances carried over
In the calculation of Commission where Net Win is negative due to Customer winnings and/ or Non Cash Items and/ or Cash Items and/ or Progressive Contributions said balance will be set to zero. A negative balance due to Fraud costs will be carried over. W e have and reserve the right to pass on any Fraud Costs to Your account.
6.14 Indemnity
You shall defend, indemnify, and hold Us and Our Merchants and their 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 (a) any breach by You of any warranty, representation, or agreement contained in this Agreement, (b) the performance of Your duties and obligations under this Agreement, (c) Your negligence or (d) any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorized use of Our banners and link or this Affiliate Program. Further, You will indemnify and hold Us harmless from all claims, damages, and expenses (including, and without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Your site.
6.15 Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program, GoWild affiliates or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our site (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
6.16 Limitation of Liability
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 Program, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and the Program shall not exceed the total Commission paid or payable by Us to You 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 referral fee generated and is limited to direct damages.
6.17 Assignability and Enurement - You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, enure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
6.18 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.
6.19 Remedies - Our rights and remedies hereunder shall 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, confirm, and agree that damages 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 contained 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, it being the intent of this provision to make clear that Our respective rights and obligations shall be enforceable in equity as well as at law or otherwise
This agreement will stay in effect for so long as GoWild affiliate program makes this service available, unless this agreement is terminated.
7. General
7.1 These Terms of Service are governed by the laws of Malta. You hereby irrevocably consent to submit to the jurisdictions of the Courts of Malta.
7.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoWild (or its licensors) arising from this agreement or your use of the Site, Services and/or Software.
7.3 These Terms of Service are written and are only available in English. If these Terms of Service are translated into another language the English version will prevail.
7.4 GoWild may assign this agreement in whole or in part, at any time. You hereby agree that GoWild’s licensors are third-party beneficiaries under this agreement.
7.5 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
7.6 This agreement, including the documents expressly incorporated by reference, constitute the entire agreement between you and GoWild with respect to the Services.
7.7 GoWild’s failure to enforce at any time any of the provisions of these Terms of Service or related Licence Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.
7.8 Not withstanding anything else in this agreement, no default, delay or failure to perform on the part of GoWild shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of GoWild.
