Affiliate Terms

Terms and Conditions

The following document sets out the terms and conditions (the ‘Agreement’) for participating in the GoodGamer Affiliate Program.

The Agreement should be read by the individual or entity that may participate in the Program (the ‘Affiliate’). The agreement governs the relationship between GoodGamer Corp and the Affiliate. The Agreement applies for the duration of the relationship between GoodGamer Corp and the Affiliate. The Agreement applies to all aspects of the Program, including, but not limited to, the application process and the possible membership that follows and the Affiliate’s actions in promoting the GoodPoker site and the creation of hyperlinks from the Affiliate’s website(s) to goodpoker.in(the ‘Links’).

1. Definitions and interpretations

‘Affiliate’ means any natural and legal persons who, after having entered into the Agreement, makes space on their homepage, website(s), other media platform or e-mail, etc. (‘Affiliate Site’ or ‘Advertising Space’) available to GoodGamer for the marketing of the Business and/or Services and acquisition of New Depositors.

‘Sub-Affiliate’ means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on his homepage, website, email or other media platform available to GoodGamer for the marketing of the Business and/or Services and the acquisition of New Depositors.

‘Bonuses’ means any so-called ‘freemoney’, ‘free-games’, ‘money-back’, ‘top-ups’ and/or similar; and/or vouchers, rebates, discounts and/or similar that the New Depositor can utilize as payment for stakes (bets).

‘Brand’ means the name, concept or identity under which the Services or Business is generally, and from time to time, recognized in the public domain worldwide. The Brand is and remains the sole property of GoodGamer.
‘Business’ means the GoodGamer’s business consisting of Fixed Odds Betting, the Other Betting and Gaming Activities and New Activities.

‘Confidential Information’ means any information of a commercial value, essential for any of the Parties, such as, but not limited to: technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Depositor lists, prospect and New Depositor data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.

‘Commission’ means the compensation due to the Affiliate based on the agreed percentage of Net Profit generated by the New Depositor at Site.

‘Database’ means the database regarding Affiliates and New Depositors, containing any GoodGamer proprietary New Depositor data with relevance to the Agreement, including without limitation personal data and contact information, and excluding all other GoodGamer databases, as it stands as of the date of the Agreement, and as it stands until the date of the Agreement being terminated. The Databases are assets of a financial value belonging to GoodGamer and represent a substantial investment made by GoodGamer.

‘Intellectual Property Rights’ means any rights in computer software (including source codes), rights in data bases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights in the nature of any of the aforesaid items.

‘Payment Agent’ means the person appointed by GoodGamer to carry out on its behalf and name payments to the Affiliates.

‘Personal data’ means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Depositors and/or Affiliates.

‘New Activities’ means any services or products related to the Business which are not offered through GoodGamer websites as of the date of the Agreement.

‘New Depositor’ means a new customer having made, in compliance with the from time to time existing GoodGamer terms and conditions (‘the Rules’), a first minimum deposit with the Site, or the equivalent amount in any other by GoodGamer accepted currency, or more, and which deposit is utilized for verified transactions with an ultimate aim to establish and enter a normal commercial relationship with GoodGamer within the framework of the Business.

‘Net Profit’ means the total sum of the following:

• monies paid out to New Depositors as winnings;
• monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof);
• bad debts;
• fraud;
• returned stakes;
• transactions which are reversed by instruction from the card-holder’s bank (commonly referred to as charge-backs);
• voids and bet/deposit bonuses and administration fees.

• on New Activities, the gross monies received by us in respect, less prize monies (winning) paid out in connection with New Activities, such as on poker activity, the gross rake and buy-in fees less;
• licensing fees;
• poker chips bonus;
• charge-backs;
• bad debts;
• fraud;
• rake back;
• cash back, the value of opening balance with the addition of funds transferred in less.

• funds transferred out;
• closing balance;
• credits made to users;
• licensing fees;
• charge-backs;
• bad debts;
• fraud.

(iii) Less arm’s length commission, license fees and/or similar paid out to Third Parties due to profit sharing arrangement, including but not only fees for the Technical platform, affiliates prizes and other similar cost.

For the avoidance of doubt, any amounts referred to herein-above in this definition are amounts attributable to a New Depositor only and are allocated pro rata subject to their participation in the revenue/costs generating events and the Affiliate concerned.

‘Services’ means the concept under which the Business is generally provided and, from time to time, made available in the public domain, in the format of language and localized customized home pages combined with call center staff having the relevant language skills.

2.General scope and object

• a) GoodGamer requires third party advertising space to promote its Brands and increase its Business, notably via increasing the number of New Depositors, and from time to time will, in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event GoodGamer uses a third party for the (partial) roll-out of its affiliate marketing strategy, including contract negotiation, day-to-day management of the Technical platform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other, GoodGamer is and remains exclusively responsible for the proper execution of the Agreement.
• b) GoodGamer expressly states that the promoting or soliciting of bets is subject to legal restrictions in some countries and may even be prohibited in some cases. These restrictions may vary by date. The Affiliate acknowledges that should the promoting or soliciting of bets or the participation in prize games be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions not met, it may not enter into this agreement and consequently not be entitled to post the link on its website. Should any disadvantages whatsoever arise for GoodGamer or the Affiliate due to disregard of the relevant prohibitions in the country of domicile of the Affiliate, the Affiliate shall be exclusively liable.
• c) The Affiliate further confirms that it operates the Affiliate Site under its own name and that it is fully and without restrictions authorized to dispose thereof.
• d) Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses(including investment and/or running costs) incurred in respect of the obligations it undertakes in terms of the Agreement and will have no right of recourse against the other Party in respect thereof.

3. The Links

• • directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or other benefit) for using the Links on the Affiliate Site to access the Site (e.g. by implementing any ‘rewards’ program for persons or entities who use the Links on the Affiliate Site to access Site);
  • read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to GoodGamer by any person or entity;
  • In any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Site;
  • engage in transactions of any kind on the Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
  • take any action that could reasonably cause any end user confusion as to GoodGamer’s relationship with the Affiliate, or as to the site on which any functions or transactions are occurring;
  • Other than providing the Links on the Affiliate Site in accordance with the Agreement and any promotion contemplated by Clause4 (j), post or serve any advertisements or promotional content promoting Site;
  • post or serve any advertisements or promotional content promoting the Site or otherwise around or in conjunction with the display of the Site (e.g., through any ‘framing’ technique or technology or pop-up windows or pop-under windows), or assist, authorize or encourage any third party to take any such action;
  • Attempt to artificially increase monies payable to the Affiliate by GoodGamer;
  • cause the Site (or any page thereof) to open in a visitor’s browser other than as a result of the visitor clicking on a Link on the Affiliate Site; or
  • attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in the Program.
  • Use any form of spam (including search engine spamming) or unsolicited mail in its attempts to refer New Depositors to the Site.
  • Be under eighteen (18) years of age; and he/she is obliged to provide GoodGamer upon simple request at any time a copy of his/her ID and billing address if needed. GoodGamer reserves the right at any time to request that the Affiliate or player produce documents to verify his/her identity and/or other facts. Refusal to do so may be considered, at GoodGamer’s sole discretion, as fraudulent activity that will be subject to all the consequences listed above.
  • GoodGamer determines, in its sole discretion, which the Affiliate has engaged in any of the foregoing activities or doubtful patterns, and the list above is not limited. As a result GoodGamer may without limiting any other rights or remedies available to it, (a) withhold any monies otherwise payable to the Affiliate, in particular adjust the commission earned on the offending player in the affiliate account to 0%, sever the relationship between the affiliate and the player account and/or (b) close the player and/or affiliate account and/or immediately terminate the Agreement.

• • h) If the Affiliate contacts any of the Affiliate’s users to promote the Site or the Links, the Affiliate shall make clear in the body of any such communication that such communication is made without the knowledge or involvement of GoodGamer and that any complaint that the relevant user may wish to make should be addressed to the Affiliate and not GoodGamer.
  • i) The Affiliate shall at all times comply with the reasonable data protection standards and any other related or similar legislation.
  • j) In any event, the Affiliate shall inform users of the Affiliate Site (‘Users’), via a privacy policy or other appropriate means, that tracking technology will be installed on the User ‘shard drive when a User clicks on the Links.

4. GoodGamer Obligations and rights

• a) GoodGamer shall not be liable to the Affiliate in any way if GoodGamer is unable to identify a New Depositor as originating from the Affiliate Site.
• b) GoodGamer shall be entitled to exercise any of its rights or fulfill any of its obligations hereunder (including without limitation its payment obligations pursuant to clause 6) through any company within the group of companies containing GoodGamer.
• c) We reserve the right to update and change the Terms and Conditions from time to time without notice. Any amendments, modifications, enhancements or changes to The Program (including the release of new features and resources made available by us from time to time) shall be subject to these Terms and Conditions. Continued use of The Program after any such changes shall constitute your consent to such changes.
• d) GoodGamer reserves the right, without liability to you, to reject your application without reference to you or assigning any reason thereto.
• e) If we suspect the Terms and Conditions have been breached, or the occurrence of fraudulent traffic, payment requests may be held over for investigation and your account may be frozen until we can validate that there has been no breach of the Terms and Conditions.
• f) We track and report all player activity for the purposes of calculating your affiliate earnings.
• g)No payment shall be due if the Company has reason to believe that traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement between the Affiliate and the Company.
• h) Applicants must provide at least 5 active players to become a qualified affiliate and to have the right to request a withdrawal. Any earnings accrued during this time will remain in the affiliate’s account until this rule has been met.

5. Commission, Payment and Payment Terms

• • • a) The Affiliate in the Program shall be entitled to receive, on a monthly basis a revenue based on a percentage (to be agreed upon between the parties) of the Net Profit (‘Commission’).
    • b) The Affiliate shall be entitled to receive the Commission for each New Depositor for a lifetime value from the date of the first deposit made by the New Depositors, except in the event of a termination of the Agreement. In the event of termination, the payment of the Commission shall end after a period of 6 months following the date of the Agreement’s effective termination.
    • c) To receive revenue based on a percentage of the Net profit of his Sub-Affiliate, the Affiliate shall register the Sub-Affiliate through the Program. The Affiliate is individually responsible for registering his Sub-Affiliate and cannot claim revenue from a Sub-Affiliate not registered through the Program. The Terms and Conditions shall apply to the Sub-Affiliate. The Affiliate undertakes the responsibility to not use a fictitious name or alias when registering a Sub-Affiliate and is not allowed to register himself as a Sub-Affiliate. The Affiliate is entitled to receive 5% of his Sub-Affiliate’s Commission.

6. Intellectual Property

• • a) Nothing in the Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks ,registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or the performance of the Agreement.
  • b) All Intellectual Property Rights created and/or deriving out of the Agreement, including, without limitation, banners, advertising material, contents, the Database, including contents and personal data, shall be or become the sole property of GoodGamer, and Affiliate shall have absolutely no rights therein.
  • c) GoodGamer grants the Affiliate a non-exclusive and worldwide right to display the GoodGamer Brand features and related content (the ‘GoodGamer Content’) during the Term solely for the purposes of the display of the Links by the Affiliate on the Affiliate Site as set out in the Agreement and in accordance with GoodGamer’s guidelines as may be provided to the Affiliate from time to time.