TERMS AND CONDITIONS

 

In order to apply for our affiliate program, you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions do not continue with your application. Should you have any questions regarding our affiliate program please contact andy@rexaffiliates.com for further information.

1. Agreement

This document (the "Agreement") outlines the terms and conditions agreed between our legal entity (referred to herein as "PARTNER", "we" "us" or "our") and you (referred to herein as "you", "your" or "affiliate"), in respect to your application to join our affiliate program and to promote the rayaffiliates.com website and our services.

PARTNER reserves the right to update or modify this Agreement by notice via message to your email address 5 days in prior to any changes being implemented and presented online at the site within the section of affiliate terms and conditions. Should you not agree to the changes you are required to terminate this Agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions will be published in clause 15 within this agreement available in updated version on rayaffiliates.com. If you continue to participate in our affiliate program also after changes to the agreement has been posted this will be constituted as a binding acceptance of such changes by you.

In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. PARTNER determines at its' sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application, you will be bound by these terms and conditions set out in this agreement when marketing/promoting the PARTNER website and services. PARTNER will email you with further information upon acceptance of your application.

2. DEFINITIONS

In this Agreement unless the context otherwise requires:

"Affiliate" means you, the person or entity, who applies to participate in the Affiliate Program.

"Sub-Affiliate" means an individual and/or entity that an Affiliate directs in any appropriate manner to PARTNER and who can be linked to the Affiliate's unique Affiliate account / identity, which person or entity becomes an Affiliate of PARTNER.

"Affiliate Program" means the collaboration between you and us whereby you will promote the PARTNER Website and create the Links from the Affiliate Website(s) to the PARTNER Website 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.

"Affiliate Website(s)" means one or more websites on the Internet which are maintained and operated by the Affiliate.

"Confidential Information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.

"Net Generated Revenues (NGR)" means the sum of PARTNER 's net revenue generated by all your referrals in the space of a calendar month.

"Net Revenue", calculated on a monthly basis, means the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rake back, cashbacks and charge backs.

"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.

"Referred Customers" means Customers who have no prior account with Our Website, and have signed up for an account with us with your affiliate tracking code attached.

"New Depositing Player" means a New Customer / Player who has made a first minimum deposit with PARTNER where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with PARTNER within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.

"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.

"Your Website" the website which you notify to us on the Affiliate Sign up Form.

"CPA" - means "cost per acquisition". "Acquisition" shall mean the first time deposit ("FTD") of the referred player:

"Reward Plan" - shall mean the CPA commission paid by to the Affiliate for the FTD of the referred player.

In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold any payments of the Reward Plan for any customer accounts including, but not limited to, bonus abuser customer accounts, suspended and/or closed customer accounts, customer accounts suspended and/or closed due to fraud, customer accounts subject to self-exclusion or any other customer account which the Company in its sole discretion deems it necessary to suspend and/or close.

3. LINKING

3.1 The Links provided to you by PARTNER should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without PARTNER 's prior written consent.

3.2 You shall ensure that you do not place any Links on pages of the Your Website aimed at persons under the age of 18 years.

3.3 In the event that you wish to place the Links on websites other than Your Website, you must first obtain PARTNER 's written consent.

3.4 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 13.2).

  •     United States of America and its territories,
  •     France and its territories,
  •     Netherlands and its territories and countries that form the Kingdom of Netherlands, including Bonaire, Sint Eustatius, Saba, Aruba, Curaçao and Sint Maarten,
  •     Australia and its territories,
  •     United Kingdom of Great Britain and Northern Ireland,
  •     Spain

4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS

4.1.1 Your revenue share is calculated according to the following structure:

50% Rev. share for all affiliates for the first month after registration.

After the first month commission will be based on number of FTD in the next order:

0-15 FTD (first time depositor) 30% Rev. share

16-25 FTD (first time depositor) 35% Rev. share

25+ FTD (first time depositor) 40% Rev. share

∞ FTD (first time depositor) unique Rev. share

4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Sports Betting products.

4.2 Net Generated Revenue is calculated according to the following terms for each of PARTNER 'products:

a) NGR from Sports Betting is calculated as, the figure resulting from the calculation of the betting revenues generated by your referred Customers actually received by us less the winnings, less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.

b) NGR from Casino is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.

5. FORBIDDEN PRACTICES

5.1 You may not in any way offer added rewards of any kind to your Referred Customers without PARTNER 's prior written consent. If PARTNER deems you to be in breach of this condition, PARTNER may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 13.2).

5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under no circumstance receive any Revenue Share on your own or direct relatives' customer account.

5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or another interactive feature of the PARTNER Site.

5.4 You are forbidden to attempt to artificially increase monies payable to you by PARTNER.

5.5 You and your Sub-Affiliates shall at all times comply with all the applicable Gaming laws and regulations and all the Data Protection laws and regulations, including but not limited to the European Directive 2002/58/EC, the General Data Protection Regulation (GDPR) (EU) 2016/679 and any legislation and/or binding regulations implementing or made pursuant to them.

In particular:

a) You may not in any way advertise to customers which did not expressly and clearly consent to receive marketing communications, or which consent you didn't store and are not able to prove anytime, or to customer’s which data have been processed in breach of any Data Protection laws and regulations

b) Every email shall clearly indicate it origins from You and not from us.

c) Every marketing email shall contain a clear link to unsubscribe from further marketing emails.

5.6 We reserve the right to terminate the Agreement immediately with no notice if, in our reasonable opinion, you have breached any gambling advertising rules or any Data Protection laws and regulations.

6. PARTNER 'S OBLIGATIONS

6.1 PARTNER shall supply you with the Links for inclusion on the Your Website and may update such Links from time to time.

6.2 PARTNER shall use its best endeavors to ensure that whenever a Referred Customer signs-up with PARTNER through your affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, PARTNER shall not be liable to you in any way if PARTNER is unable to identify a Customer as originating from the Your Website.

7. PAYMENT & COMISSIONS

7.1 You will receive affiliate payments directly to your PARTNER account.

7.2 Payment is made on the 15th of every calendar month.

7.3 The minimum sum for a monthly payment of affiliate payment is €100 via e-wallets and €500 via bank transfer. If a Revenue Share does not exceed our minimum threshold of €100 or €500 (depending on the payment method), PARTNER shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds our minimum threshold, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €100 or €500 in any given month.

7.4 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will not be forward to the subsequent monht(s).

7.5 In the calculation of Fees where Net Gaming Revenue is negative will be set to zero. A negative balance due to High roller Policy will however be carried over where applicable.

7.6 PARTNER shall provide you with statements accessible through your personal affiliate page, https://rayaffiliates.com detailing the Referred Customers and your share of Net Generated Revenues.

7.7 High roller Policy If in any given month a Referred Player referred by a You generates a negative Net Revenue (before admin fees deduction) of at least €5,000, this Referred Players will be deemed to be a “High-Roller”. If the aggregate commissionable Net Revenue (before admin fees deduction) in that given month for You is negative: The negative net revenue generated by the High-Roller will be carried forward and offset against future net revenue generated by that High-Roller; The negative balance carried forward cannot be set-off against other Referred Players’ net revenue. The negative balance of a High-Roller will be reduced by future positive net revenue that they generate in subsequent months. A negative balance will not be increased by future negative Net Revenue unless the High-Roller meets the above-mentioned qualifying criteria in subsequent months. You will be able to view all adjustments in order to track the High-Roller’s net breakeven point. Adjustments will be made at the end of each calendar month based on the cumulative revenue for the month.

7.8 If the Commission makes an error in the calculations, the Company reserves the right to correct such estimates at any given time. In such cases, the Company will immediately reclaim overpayments or payout underpayments to the Affiliate.

7.9 If an Affiliate agrees to the Commission’s payments, such a transaction shall include the final settlement of the balance due for the specific period. If the Affiliate has concerns about the balance due as reported in the estimates, they must intimate the Company within fourteen (14) calendar days by explicitly stating their reasons for disagreement. If an Affiliate fails to notify the Company within the stipulated time frame, it shall be considered an irrevocable acceptance of the balance owed for the agreed period.

7.10 The Commission is deemed free from all forms of applicable taxes like Value Added Tax, etc. The Affiliate is solely responsible for paying all taxes, charges, or amounts levied by or due to any tax department, authority, or other related departments as a result of the payment generated under the Affiliate Agreement.

7.11 In the case of a partnership venture based on CPA or a Hybrid model, several conditions must be considered. These are:

  1.     All self-excluded players and duplicate accounts shall be removed from the Commission’s CPA section. And the pre-decided stipulation is enforced unless explicitly discussed with the Affiliate Manager in advance.
  2.     In the cases where the CAP was negotiated with a partner, the Commission will be paid out only on the agreed number of FTDs.
  3.     A lead (first-time deposit) generated from Facebook, Twitter, email, SMS, or UAC sources will only be paid for if they deposit within 30 days of registration. If a lead doesn’t deposit the initial amount within the specified period (30 days from registration), the Company will not pay a commission.
  4.     Late converted payers will be considered qualified if they make their first deposit within 30 days from the termination date of the agreement or a certain marketing campaign unless the agreement was terminated due to a material breach by the affiliate. However, if the agreement was terminated due to a material breach by the affiliate, then the late converted players will not be considered qualified under any circumstances.

8. INTELLECTUAL PROPERTY

8.1 PARTNER grants you a non-exclusive and worldwide license to display the PARTNER brand features and related content (the "PARTNER Content") during the Term solely for the purposes of the display of the links by you on the Your Website as set out in this Agreement and in accordance with PARTNER's guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by PARTNER to its customers from time to time shall remain the property of PARTNER. You are not permitted to alter or modify in any way the PARTNER Content without the express prior written consent of PARTNER.

8.2 You agree that the Your Website shall not resemble in any way the look and/or feel of the PARTNER ‘s Site, nor will you create the impression that the Your Website is the PARTNER Site (or any part thereof).

9. WARRANTIES

9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.

9.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement.

10. DISCLAIMER

We make no representation that the operation of the PARTNER Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

11. INDEMNITY

You are solely responsible for any marketing initiatives you and/or any of your Sub-Affiliates conduct, including, without limitation, compliance of such initiatives with the applicable legal requirements.

You (the "Indemnifying Party") shall indemnify on demand and hold harmless PARTNER and each of PARTNER 's associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, nonperformance or non-observance by you and/or any of your Sub-Affiliates of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement or of any applicable laws or regulations.

12. EXCLUSION OF LIABILITY

12.1 PARTNER shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.

12.2 The liability of PARTNER shall not, in any event, exceed the sum of the total monies paid by PARTNER to you over the 6 month period preceding the date on which such liability accrued.

13. TERM

13.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice. Reasons for Termination: Fraud, Motivated traffic, Branded Traffic (without our permission ), Spam, Breaking marketing rules, Low quality traffic, bonus abuse.

13.2 If you are in material breach of your obligations within this agreement, PARTNER may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on you Referred Customers, by written notice to you.

14. YOUR PERSONAL INFORMATION

We are required by law to comply with data protection requirements in the way in which we use any personal information collected from you. We therefore take very seriously our obligations in relation to the way in which we use your personal information. To learn how we use your personal information please read our Privacy Policy.

15. GENERAL

15.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.

15.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

15.3 Any notice given or made under this Agreement to PARTNER shall be by email to the relevant email andy@rexaffiliates.com. PARTNER shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to PARTNER.

15.4 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

15.5 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.

16. Verified Traffic and Good Faith

16.1 The Company does not grant permission to send branded traffic to its official website. Hence, you will not use branded keys reserved for placing contextual advertisements to generate traffic. By continuing with this Agreement, you recognise that any New Customer gained using branded keys for placing contextual advertisements is not recognised as a valid New Customer under the terms of this Agreement. Hence, the Company can freeze or refuse to pay any commission due for such New Customers.

16.2 You shall not generate traffic for the Company by registering as a New Customer either directly or indirectly (with the help of associates, family members, or third parties). Such behavior is illegal and may attract legal action.

16.3 You agree never to try and benefit from traffic not generated in good faith. Suppose you have reasonable doubts that any New Customer whom you’ve referred is connected to misdemeanors (such as bonus abuse, fraud, money laundering, or any other abuse of remote gaming websites) in any way. In that case, you are liable to notify the Company immediately.

16.4 You explicitly recognise that any New Customer that turns out to be a bonus abuser, fraudster, money launderer, or is found guilty of assisting any form of bonus abuse (including those that you’ve notified or) loses their New Customer rights and privileges under the terms of our Affiliate Agreement. As a result, the Company is not liable to pay a commission about such a customer.

16.5 You hereby understand that in case of a massive winning at the end of the current month (between the 20th and 30th/31st) and if the balance is spent or lost in wagers in the following month, the Company is not liable to include such funds in the Commission fees of a partner. This is explicitly mentioned in the terms for the Revenue Share and Hybrid deals.

16.6 You hereby understand that if 50% or more of New Customers that you’ve referred only deposit the minimum amount during the current month, the Company shall consider such behaviour as motivated under the terms of the Affiliate Agreement. Hence, the Company reserves the right to freeze any Commission due for such New Customers as it deems appropriate.

16.7 You hereby understand that if 20% or more of the New Customers that you’ve referred turn out to be bonus abusers, fraudsters, money launderers, assistants to bonus abusers, or related to any form of affiliate fraud (including those that you’ve notified or we later discovered) do not count as valid New Customers under the terms of the Affiliate Agreement. Hence, the Company is not liable to pay the Commission for such New Customers.

16.8 The Company reserves the right to ask you to suspend your traffic, monitor the quality and volume of leads, or identify instances of fraud via emails or other communication channels like instant messaging apps (Messenger, Telegram, Skype, etc.) You explicitly understand that you shall immediately stop the traffic flow upon receiving such an announcement from the Company. Moreover, all New Customers who have registered after you’ve received this notification does not count as valid New Customers. Hence, the Company cannot be held accountable for not paying a Commission concerning said traffic.

16.9 The Company reserves the right to cancel an affiliate partnership or unilaterally set a new deal at its behest. The Company shall notify the related party one (1) bank day in advance. Reasons for the sudden change might include:

  1.     Low-quality traffic
  2.     Low conversion rate that might lead to a negative balance
  3.     Any attempt of fraud, bonus abuse, etc.

16.10 You hereby explicitly understand that once the current deal stands cancelled, a new deal is framed, and the Company notifies you one (1) bank day ahead, all following traffic that will be introduced by the Affiliate Partner (registrations or first and subsequent deposits) will be paid out according to the terms of the new agreement. Any attempt to renegotiate a deal on your part will be considered void. And the Company reserves the right to ignore or refuse to entertain such requests.

16.11 You hereby understand that if 35% or more of New Customers that you’ve referred made only one deposit and has no RDC (return depositing client) during the current month, the Company shall consider such behaviour as motivated under the terms of the Affiliate Agreement. Hence, the Company reserves the right to freeze any Commission due for such New Customers as it deems appropriate.

17. Changes to This Agreement

17.1 We reserve the right to amend any terms and conditions of the Affiliate Agreement at any time and by Our sole discretion by adjusting the amended agreement on this “Terms and Conditions" page on Our site. Any changes will take effect immediately and it is Your responsibility to familiarize Yourself with any such amended versions and changes. We encourage you to review the "Terms and Conditions" page regularly to stay up to date any possible changes.