MyCasinoShare Affiliate Program
General terms and conditions
These terms and conditions constitute the
agreement between MyCasinoShare ( “MCS” “us” “we” “our”) which is part of Traarbach Diensten BV, a
company based and incorporated in The Netherlands (EU VAT Code NL003411187B01,
Markt 28, 6211 CJ MAASTRICHT) that operates this website and the Affiliate
Programs (which may also be referred to as partner programs) set out therein and the
Affiliate (which may also be referred to as publisher or partner), being the
person or entity that will provide the services as described below.
MCS and the
Affiliate are also individually referred to as a “Party” and collectively as
Article 1 – Object of this Agreement –
Grant of limited license
1.1. MCS promotes certain
brands of services in the realm of online money games (casinos).
MCS wishes to appoint the Affiliate for the performance of certain
marketing services, and the Affiliate accepts under the terms and conditions
set forth herein.
Affiliate shall promote the websites, brands and applications that have been
entrusted to MCS and that can be found under the URL http://www.mycasinoshare.com/partner-programs/
only through banners, links and other content to be provided by MCS through the
‘Promotions’ section of the Affiliate’s on line account.
The Affiliate will place these banners, links and other content on its
own website(s) to provide links to the websites, brands and applications that
have been entrusted to MCS, to either generate new, paying customers or players
for the websites, brands and applications that have
been entrusted to MCS (Customers) or to attract new affiliates that will themselves become Affiliates of
use of these banners, links and other content is granted under a personal,
non-exclusive license and is strictly limited to the proper performance of the
Affiliate’s obligations under the present agreement and strictly for the
duration thereof and can not be sublicensed, assigned or transferred. The
provided banners, links and other content can not be altered in any way by the
Article 2 – Registration and acceptance of the present Terms and
Affiliate will need to complete the on line registration process on the website
www.mycasinoshare.com. Completion of this process will imply in itself the full acceptance of
the present Agreement and all terms and conditions set forth therein.
Affiliate warrants that the provided information is complete and true and will
promptly update the information whenever it should change.
2.3. The Affiliate warrants that:
of the legal age in the applicable jurisdiction to agree to and enter into this
the proprietor of all rights, licenses and permits to market, promote and
advertise in accordance with the provision of this Agreement.
shall comply with all applicable rules, laws and regulations in connection with
the performance of this Agreement and has not violated any local law,
regulation, rule or treaty, in particular local gaming laws and regulations,
nor is involved in tortuous conduct such as posting defamatory, libelous,
scandalous, or private information about a person(s) or company without their
consent; intentionally inflicting emotional distress or otherwise, nor in the
violation of the trademark, copyright, or other intellectual property rights of
a third party.
fully understands and accepts the terms and conditions of this Agreement.
has the right to terminate the Agreement at any time and by simple notification
via e-mail if any of the above warranties is not met or not met anymore.
2.4. Any Affiliate
application will be immediately denied and the Affiliation may be terminated at
MCS’s sole discretion by simple notification via e-mail if any of the following
is found on any of his/her website(s):
Sexually graphic, pornographic or obscene material.
Content of a graphic violent nature.
Content aimed towards minors.
- Any content
of an overtly political or controversial intention.
Prejudicial, hateful, threatening, inciteful or discriminatory-natured content
( whether that be concerning race, religion, sexual orientation, gender or
promotion or use of any form of SPAM or unsolicited commercial email.
Article 3 –
3.1. Neither Party shall, for the duration of
this Agreement and for 1 year thereafter, whether on behalf of itself or on
behalf of any third party, solicit any employees of the other Party involved
with the negotiation of this Agreement or that Party’s performance hereunder,
without the express written consent of the Party that employs the employee, and
that such consent is to be at the employing Party’s sole and absolute discretion.
If any such employee should cease to be an employee of either Party, the other
Party may solicit such employee beginning 1 year after the cessation of such
3.2. Notwithstanding anything to the contrary
herein, neither Party shall be deemed to have breached or violated this section
(i) solely as a result of generic employment advertising by that Party
(including any “open position” or similar listings in that Party’s Web site or
other general advertising), or (ii) if any employee of the other Party
approaches and obtains employment with the other Party after the date of this
Agreement solely as a result of any advertising or recruitment effort
contemplated in (i) above.
Article 4 – Consideration
4.1. General – For
every person or entity that becomes a paying Costumer of any of the websites,
brands and applications that have been entrusted to MCS, by following banners,
links or other content provided by MCS that the Affiliate has placed on its
website(s), the Affiliate will receive an Affiliate fee, as set out below and
as stipulated on the URL http://www.mycasinoshare.com/partner-programs/.
The Affiliate fee can
vary between a Revenue Share, a Cost Per Acquisition or combination of both
(Hybrid) and will be determined by the Program that the Affiliate will join,
following the specific calculation methods set out in a specific Program to be
found on http://www.mycasinoshare.com/partner-programs/ , which may be subject
to change. If the conditions and parameters of any Program would be unclear and/or
need interpretation, they will always be applied in the way most favourable to
For every person or
entity that becomes an Affiliate (Subaffiliate) under any of the Affiliate
Programs offered by MCS, through the efforts of the Affiliate, the Affiliate
will receive a Subaffiliation fee, as set out below.
A revenue share is
always calculated as a percentage of the Net Game Revenue (NGR), which is
constituted of: all bets minus all wins minus gaming taxes minus accrued
expenses. The accrued expenses (Expenses helpdesk, Technical expenses, Admin
fee, Expenses for PR management and the control organism) are calculated as 19%
of all bets.
Negative balances are not carried over to subsequent months.
There are three methods by which the Affiliate Fee may be calculated and MCS
shall determine which payment calculation method to allocate to the Affiliate,
which may be subject to change.
– Any Costumer or Subaffiliate will be tracked through a unique tracking
id, that links the Costumer or Subaffiliate to the Affilliate. MCS retains the
right to refuse or exclude any Costumer or Subaffiliate at its sole discretion
without the need to provide a motivation to the Affiliate. MCS will provide the
Affiliate with statistics that will allow the Affiliate to monitor the revenue
generated by the Customer or Subaffiliates. If there would be a discrepancy
between MCS’s data and the Affiliates data, MCS’s data will always take
Share - The Affiliate fee shall constitute of a monthly commission
according to the percentage of NGR as per the published commission schedule, or
a different mutually agreed schedule
Per Acquisition (CPA) - The Affiliate fee shall amount to a fixed sum as
per the published commission schedule, or a different mutually agreed schedule.
The Affiliate Fee shall be payable when a Customer introduced to MCS by the
Affiliate deposits a sum which is at least equivalent to the minimum deposit
allowable by MCS, or alternatively according to the baseline deal, which sum
must equal or exceed an amount stipulated by MCS in the relevant Program.
- The Affiliate fee shall be a combination of the Cost Per Acquisition
method and the Percentage of Net Revenue method, as may be determined by MCS
and mutually agreed with the Affiliate.
fee - the Affiliate shall be paid a monthly commission according to a
percentage of NGR generated by the Subaffiliates referred to MCS by the
Commission Booster - MCS may implement a temporary revenue commission
booster (RCB), constituting and additional Revenue Share to be added to the
agreed Affiliation fee under the specific conditions set out in the relevant
Program. For the purposes of this Agreement, the RCB will be assimilated to the
Affiliate fee, but they will not make an indivisible whole.
Article 5 – Taxes
The Parties hereto
shall each bear their own respective taxes, if any, incurred in connection with
Article 6 – Illicit conduct and indemnification
Affiliate will indemnify and hold harmless MCS for all claims arising out of
any breach of this Agreement or any illicit, fraudulent or tortuous activities
or conduct by the Affiliate or its own affiliates in the broadest sense.
MCS determines that the Affiliate has engaged in any illicit, fraudulent or
tortuous activities or conduct, MCS may (without limiting any other rights or
remedies available to MCS) withhold any Affiliate fees and/or terminate this
Affiliate will not induce existing Customers to re-sign with a different
username. MCS considers the re-signing of existing players as fraud traffic and
reserves the right to withhold Affiliate fees relating to such traffic.
6.4. If a Costumer or
Subaffiliate of the Affiliate proceeds with any illicit, fraudulent or tortuous
activities or conduct, MCS has the right to retain all amounts due to the
Affiliate under this Agreement if MCS has reasonable cause to believe that the
Affiliate had knowledge of this conduct or these activities or to withhold the
relevant Affiliate fees with respect to the relevant Customer or Subaffiliates,
even without such knowledge by the Affiliate. The relevant Customer or
Subaffiliates will in any case be excluded as a basis for calculation of
Affiliate fees or Subaffiliation fees.
6.5. MCS shall not be liable to the Affiliate in
respect of any loss of profits, goodwill, data or any type of special indirect
or consequential loss (including loss or damage suffered by the Affiliate as a
result of an action brought by a third party) arising out of this Agreement or
the performance thereof even if such loss was reasonably foreseeable or MCS had
been advised of the possibility of the Affiliate incurring the same.
6.6. Without prejudice to
the immediately preceding clause, in the event that MCS is found liable in any
way, by a court of law and/or a similar authority, with legal competence and/or
jurisdiction over MCS, then MCS’s liability in damages shall be limited to the
amount, if any, payable to the Affiliate in the last three months by way of net
Affiliate Fees under this Agreement.
Article 7 – Force majeure
7.1. Force majeure shall mean any
unforeseen event which is beyond the reasonable control of the Parties or any
foreseeable occurrence the consequences of which may not reasonably be avoided
that arises after the date of signature of this Agreement and which prevents
performance of this Agreement, in whole or in part, by either party.
7.2. If an event of force majeure
occurs, performance of the Parties’ obligations under this Agreement shall be
suspended for the duration of the delay caused by the event of force majeure
and the period of performance shall be automatically extended, without any
penalty, for an equal period.
7.3. The party claiming force majeure
shall promptly inform the other party to this effect in writing, explaining its
reasons for doing so.
7.4. If an event of force majeure
occurs, the Parties shall immediately consult with one another with a view to
finding an equitable solution and shall use all reasonable efforts to minimise
the consequences of the occurrence. If the conditions of force majeure
prevail for more than 2 months and the Parties have been unable to reach an
equitable solution, the other party shall have the right, pursuant to article
10.1. (ii), to terminate this Agreement.
Article 8 – Relationship between the Parties
The Parties are
independent entities. None of the provisions of this Agreement can be
interpreted as indicating the intent of the Parties to form a company,
association or joint venture.
Neither party is
authorised to represent the other party in any way.
Article 9 – Duration
The duration of this
Agreement shall be undetermined.
Article 10 – Termination
10.1. Notwithstanding articles 2.3, 2.4, 6.2 and
9 of this Agreement, MCS shall have, for the duration of this Agreement, the
right to terminate it forthwith by sending a written notice of termination by
e-mail to the Licensee specifying the reasons for the termination, if any of
the following events occur: (i) the Affiliate materially breaches any of its
obligations under this Agreement and, notwithstanding a written request from MCS
to refrain from such a breach in the future and, if possible, to prevent such a
breach or breaches from occurring in the future and to rectify the situation,
fails to comply with such a request; (ii) an event of force majeure
prevails for a period in excess of 2 months and the Parties have been unable to
find an equitable solution pursuant to article 7 of this Agreement; or (iii) the
Affiliate becomes insolvent or enters liquidation, a petition in bankruptcy is
filed for it or a receiver is appointed in respect of the Affiliate.
In any case, parties have the right to terminate
this Agreement upon one month prior notice by sending a written notice of
termination by e-mail.
10.2. Upon the termination of this Agreement
pursuant to this article, any amounts accrued, due and payable hereunder shall
be paid forthwith by the Affiliate to MCS. The Affiliate will be entitled only
to those unpaid Affiliate fees and Subaffiliation fees, if any, earned by the
Affiliate on or prior to the date of termination under the conditions set out
10.3. On no account shall any amounts be
withheld by the Affiliate due to any dispute arising out of or in relation to
this Agreement or to set-off any claim for damages made by the Affiliate.
10.4. In the event of termination of this
Agreement for any reason, the Affiliate shall at once remove all banners, links
and other content provided by MCS from the Affiliate’s website(s).
Article 11 – Miscellaneous Provisions
11.1. This Agreement, together with its Annexes,
contains the entire agreement and understanding between the Parties with
respect to the subject matter hereof and supersedes and replaces all prior
agreements or understandings, whether written or oral, with respect to the same
subject matter that are still in force between the Parties.
11.2. Any amendments to this Agreement, as well
as any additions or deletions, must be agreed in writing by both the Parties.
MCS, however, has the right to alter the Agreement unilaterally without prior
written consent of the Affiliate, in which case the Affiliate will have the
right to terminate the agreement without notice within 2 weeks after the
changes to the Agreement have been notified to the Affiliate. This notification
of changes can be done via e-mail, via a notification through the Affiliate’s
on line account, or by publishing the changed Agreement to MCS’s website, in
which case the Affiliate will be supposed to have knowledge of the changes upon
the date of publication. If the Affiliate does not proceed with termination,
the changes will be binding.
11.3. Whenever possible, the provisions of this
Agreement shall be interpreted in such a manner as to be valid and enforceable
under the applicable law. However, if one or more provisions of this Agreement
are found to be invalid, illegal or unenforceable, in whole or in part, the
remainder of that provision and of this Agreement shall remain in full force
and effect as if such invalid, illegal or unenforceable provision had never
been contained herein. Moreover, in such an event, the Parties shall amend the
invalid, illegal or unenforceable provision(s) or any part thereof and/or agree
on a new provision in such a way as to reflect insofar as possible the purpose
of the invalid, illegal or unenforceable provision(s).
11.4. Any failure or delay by a Party in exercising
any right under this Agreement, any single or partial exercise of any right
under this Agreement or any partial reaction or absence of reaction by a Party
in the event of a violation by the other Party of one or more provisions of
this Agreement, shall not operate or be interpreted as a waiver (either express
or implied, in whole or in part) of that Party’s rights under this Agreement or
under the said provision(s), nor shall it preclude any further exercise of any
such rights. Any waiver of a right must be express and in writing. If there has
been an express written waiver of a right following a specific failure by a
Party, this waiver cannot be invoked by the other Party in favour of a new
failure, similar to the prior one, or in favour of any other kind of failure.
11.5. All notices and other forms of
communication required under this Agreement must be in writing and delivered or
sent to the receiving Party by e-mail.
11.6. Either Party may change the address to
which notices are to be delivered or sent by giving the other Party written
notice to this effect in the manner set forth herein.
Article 12 – Applicable law and Jurisdiction
12.1. All issues, questions and disputes
concerning the validity, interpretation, enforcement, performance and termination
of this Agreement shall be governed by and construed in accordance with Belgian
law, and no effect shall be given to any other choice-of-law or
conflict-of-laws rules or provisions (Belgian, foreign or international), that
would cause the laws of any other jurisdiction to be applicable. The Belgian commercial
rules of evidence are made applicable.
12.2. All disputes concerning the validity,
interpretation, enforcement, performance and termination of this Agreement
shall be submitted to the exclusive jurisdiction of the Antwerp courts and
their respective Antwerp divisions.
MyCasinoShare Affiliate Program
General terms and conditions