Terms and Conditions:
Definitions
Affiliate: A natural and/or legal entity that has registered and is accepted by Bolla.bet as an affiliate of the affiliate program in terms of this Agreement.
Affiliate Account: The tracking and technical reporting interface set up for the affiliate to use to monitor performance, access marketing materials, access financial reports, and set up payment details.
Affiliate Network: Acts as an intermediary between publishers and commercial affiliate programs.
Affiliate Program: The affiliate program operated by Bolla.bet and forms the subject of this Agreement.
Affiliate Website – A website owned by the affiliate that sends traffic to Bolla.bet.
Agreement: The contract and its annexes between the Company and the Affiliate in accordance with the Terms and Conditions of the Affiliate Program.
Company: Oracle Ventures Limited NV
Content: material provided by the Company for the purposes of this Agreement, including, but not limited to, text links (including Affiliate links), banners, and other general advertising material.
FTD (first time depositor): The successful registration and deposit of a new player account on Bolla.bet from the affiliate tracking link/links.
General Terms and Conditions: Bolla.bet General Terms and Conditions
Master Affiliate: An approved affiliate can operate as a Master Affiliate, who recruits new affiliate partners for the Bolla.bet affiliate program using the Master Affiliate link in the Affiliate account.
Net Gaming Revenue: Monthly gross gaming revenue after deduction of costs, including but not limited to financial transaction fees, bonuses, loyalty rewards, gaming taxes, game provider costs, and chargebacks.
New Customers: Bolla.bet customers who do not yet have a gaming account and access Bolla.bet via the Tracking Link provided by Bolla.bet and properly register their account.
Real Money Players: A new customer who made a real money transfer of at least equal to the minimum deposit in their player account and placed at least one real money bet on Bolla.bet
Sub-affiliates: Any natural or legal entity that, after being referred to the Program by Master Affiliate via a sub-affiliate tracking link, enters into this agreement. The referring master affiliate earns a commission from the players of the sub affiliates.
Tracking Link: A unique link generated in the affiliate account for each affiliate and granulated on a campaign basis, to track and register New Customers that the affiliate has brought to Bolla.bet
Player Account: An affiliate must create a player account on Bolla.bet that they promote and submit the username to their affiliate account in order to receive any commission.
Privacy Policy: Bolla.bet Privacy Policy.
This document (the Agreement or Affiliate Agreement) sets out the terms and conditions agreed between:
Oracle Ventures NV (Company or Bolla.bet), a company duly registered under the laws of Curaçao and the person / company stated in the corresponding application form (hereinafter the "Affiliate"), which allows the Affiliate to join and become member (if the Affiliate's application is successful) of the Bolla.bet Affiliate Program ("Program").
By completing the Bolla.bet Affiliate Program application and clicking "I accept the Terms and Conditions" on the registration form, you agree to be bound by all the terms and conditions set forth on the Bolla.bet site.
The commission structure described for Bolla.bet set forth in Exhibit A to this Agreement shall be deemed an integral part of this Agreement. Therefore you accept:
1. Participation in the affiliate program
2. Use of Bolla.bet websites and/or marketing tools
3. The condition that the acceptance of any Affiliate commission from the Bolla.bet website confirms your irrevocable acceptance of this Agreement and any modifications to it.
4. disallow targeting of any jurisdiction where gambling and/or promotion of gambling is prohibited.
Therefore, you will be bound to continually comply with the Bolla.bet terms, as well as the Bolla.bet General Terms and Conditions and Privacy Policy, as well as any other rules and/or guidelines presented from time to time. at what time The Agreement between the Company and you becomes effective on the date the Affiliate Program application is approved by us.
1.GENERAL SCOPE AND OBJECTIVE
1.1. The affiliate maintains and operates one or more websites on the Internet (collectively referred to as an affiliate website), and/or refers potential customers to us through other channels.
1.2. This Agreement governs the terms and conditions relating to the promotion of Bolla.bet by the Affiliate, whereby the Affiliate will receive a commission as defined in this Agreement, based on traffic sent to Bolla.bet and the terms of this Agreement.
1.3. The definition of the term Net Gaming Revenue is provided above in definitions. In the event of an introduction of another product or group of products by us in the future, the Company reserves the right to use an individual definition of the term Net Gaming Revenue for each product.
2. ACCEPTANCE OF AN AFFILIATE
2.1. The Company reserves the right to reject any Affiliate Program application in its sole and absolute discretion.
3. QUALIFICATION CONDITIONS
3.1. The Affiliate therefore warrants that he/she:
a) You are of legal age in the applicable jurisdiction to accept and enter into the Agreement.
b) Is competent and duly authorized to enter into binding Agreements.
c) You are the owner of all rights, licenses and permissions to market, promote and advertise Bolla.bet in accordance with the provisions of the Agreement.
d) You will comply with all applicable rules, laws and regulations in correlation with the promotion of Bolla.bet
e) You fully understand and accept the terms of the Agreement.
4. RESPONSIBILITIES AND OBLIGATIONS OF THE COMPANY
4.1. The Company will provide the Affiliate with all required information and marketing material for the implementation of the Tracking Link as it deems appropriate and necessary.
4.2. The Company will assign a unique tracking identification code to all customers referred by the Affiliate. The Company will calculate the Net Game Revenue generated through the tracking links, record the Net Game Revenue and the total amount of the Affiliate's commission earned through the link, provide the Affiliate with commission statistics and arrange for all customer services related to your business.
4.3. The Company will pay the Affiliate the amount due depending on the commission scheme assigned to the affiliate for the traffic generated by the Affiliate subject to the terms of the Agreement.
4.4. The Company reserves the right to freeze or close Affiliate Accounts. In addition to any other rights to which the Company is entitled under this Agreement, the Company reserves the right to:
a) Should you have any reason to suspect that the Affiliate is in breach of the terms of the Agreement, the Affiliate's Accounts may be blocked and payments may be frozen during the investigation period. If the investigation shows that a violation of the Agreement has occurred, the Company reserves the right to withhold the commission from the Affiliate;
b) Close the accounts of any Affiliate if, in the sole judgment of the Company, it is necessary to comply with our policy and/or to protect the interests of the Company website or the Company. If the Affiliate violates the Agreement, the Company may, in addition to closing the Affiliate's account(s), take any other legal action to protect its interests;
c) Terminate the Agreement for the affiliate account(s) where the affiliate threatens Bolla.bet staff with bodily harm. Under no circumstances will the Company be responsible for any loss or damage caused to the Affiliate.
d) The Company reserves the right to initiate an internal investigation of the accounts of Affiliates or players on Bolla.bet in the event that the Company suspects that the Affiliate violates the rules of the Affiliate website.
5. RESPONSIBILITIES AND OBLIGATIONS OF THE AFFILIATE
5.1. The affiliate therefore guarantees:
a) Use its best efforts to actively and effectively advertise, market and promote Bolla.bet as widely as possible to maximize benefit to the parties and comply with Company guidelines as they may arise from time to time. / or as published online.
b) To market and refer potential players to Bolla.bet at their own cost and expense. The Affiliate shall be solely responsible for the distribution, content and manner of its marketing activities. All Affiliate marketing activities must be professional, appropriate and legal under applicable laws and must be in accordance with the Agreement.
c) To use only the tracking link provided within the scope of the Affiliate Program, otherwise no guarantee can be given for the proper registration and sales accounting of the Company. In addition, you must not change or modify in any way any links or marketing materials without the prior written permission of the Company.
d) Be responsible for the development, operation and maintenance of your affiliate website, as well as all material that appears on your affiliate website.
e) That you will not perform any act that is defamatory, discriminatory, obscene, illegal or otherwise inappropriate or that contains sexually explicit, pornographic, obscene or graphically violent material.
f) That I did not actively seek out anyone who is under the legal gambling age.
g) That you will not actively target any jurisdiction where gambling and the promotion thereof are illegal.
h) That you will not generate traffic to Bolla.bet for illegal or fraudulent activities, particularly but not limited to:
I. Send spam.
II. Incorrect meta tags.
III. Register as a player or make deposits directly or indirectly to any affiliate account through your tracker(s) for your own personal use and/or the use of your family, friends, employees or other third parties, or any other attempt to artificially increase the commission payable or to defraud the Company. Violation of this provision will be considered fraud.
i) That you will not present your affiliate website in such a way as to evoke any likelihood of confusion with the Company and do not give the impression that the affiliate website of the contracting party originates in whole or in part with the Company.
j) Notwithstanding any marketing material that may be sent by the Company and/or made available online through the Affiliate Program, the Affiliate may not use Bolla.bet or other terms, trademarks and other intellectual property rights conferred on the Company unless the Company consents to such use in writing.
k) That you will not purchase any domain that includes names, words and phrases that are part of Bolla.bet or that are deemed to be capable of bidding on keywords or keyword phrases that include names, words and phrases that are or may be deemed which is part of Bolla.bet in any format on any pay-per-click (PPC) search engine.
6. SUB-AFFILIATE
6.1 Sub-Affiliate is an affiliate referred to the Company by you who has the same qualification conditions as an Affiliate. All of these Sub-Affiliates will be linked to your Affiliate account (and you will be considered the Master Affiliate) as long as the Sub-Affiliates sign up using one of your Sub-Affiliate referral links. To become a Master Affiliate, the Affiliate must submit an application and obtain approval from the Company, then a referral link is provided to the Master Affiliate.
6.2 To become a Sub-Affiliate, the Sub-Affiliate must register using the Sub-Affiliate referral link provided by you. You are solely responsible for ensuring the proper completion of a Sub-Affiliate registration. If you do not complete the steps correctly, the Sub-Affiliate may not be linked to you.
6.3 You will earn 5% of the Sub-Affiliate commission generated by each Sub-Affiliate you successfully refer to us. The Company reserves the right to change any of the commissions at any time without notice. In the event of a negative transfer by a Sub-Affiliate, the Master Affiliate will also inherit the negative transfer.
6.4 The Company reserves the right, in its sole discretion, to investigate any Sub-Affiliate referred to us if we suspect any suspicious activity on the Sub-Affiliate's account. If a Sub-Affiliate that you have referred to us is found to have engaged in or been involved in Fraud, Spam or violated any of the terms and conditions of the Agreement. The Company reserves, in its sole discretion, the right to withhold all Sub-Affiliate commission payments related to that Sub-Affiliate, due to you and suspend, freeze and seize the account, if deemed appropriate.
6.5 Any Sub-Affiliate will be subject to the terms and conditions of the Agreement and you will be liable to us for the performance of such Sub-Affiliate's obligation under the Agreement.
6.6 The Company is not responsible for any direct trading, including disputes that occur between a Master Affiliate and a Deputy Affiliate. All responsibility regarding communication between a Master Affiliate and a Sub Affiliate remains with the Master Affiliate and the Sub Affiliate.
7. PAYMENT
7.1. The Company agrees to pay the Affiliate a commission based on the Net Gaming Revenue generated by Real Money Customers referred through the Affiliate's website and/or other channel. The commission will be deemed to include value added tax or any other taxes, if applicable.
7.2. The commission will be a percentage (as stipulated in clause 21 of the Agreement) of the agreed commission model of either Net Gaming Revenue as set out in the Bolla.bet commission structure (Annex A) of the Agreement for the particular product as below or a qualified CPA by FTD.
7.3.The commission is calculated at the end of each month and payments will be made on the 8th of each calendar month, provided that the amount due exceeds Bolla.bet specific thresholds. If the balance due is less than the minimum threshold of your chosen payment method, it will roll over to the following month and become payable when you collectively exceed the minimum threshold. The commission rate is defined by the previous month's performance as described in the commission structure in clause 21 and Exhibit A.
7.4. Commission payment will be made only if the Affiliate's outstanding balance is positive. If the balance is negative due to the user's performance in the games, the balance will be carried over to the next month. If the next month's revenue is positive and covers the negative carryover from the previous month, the payment will be made. This method is known as negative transfer.
7.5. Payment of commissions will be made to the Affiliate in the desired currency, including but not limited to Bolla.bet terms. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will pay the underpayment or reclaim the overpayment made to the Affiliate before the 8th day of the calendar month. If the payment has not been made to the Affiliate before the 8th day of the calendar month, the commission will be paid in full during the next month only when the Affiliate has provided all the necessary details to the Company.
7.6. Acceptance of payment by the Affiliate will be considered as full and final settlement of the balance owed during the indicated period.
7.7. If the Affiliate does not agree with the balance due as reported, they will do so within a period of seven (7) days, emailing the Company at info@Bollapartners.com and stating the reasons for the dispute. Failure to send an email within the prescribed time limit will be deemed an irrevocable acknowledgment of the balance due during the indicated period.
7.8. The Company may delay payment of any balance to the Affiliate for up to sixty (60) days, while it investigates and verifies that the relevant transactions comply with the provisions of the terms of the Agreement.
7.9. No payment will be made where the generated traffic is illegal or contravenes any provision of the terms of the Agreement.
7.10. The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs of legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
7.11. For the sake of clarity, the parties specifically agree that, upon termination of this Agreement by either party, the Affiliate will no longer be entitled to receive any payments from the Company, provided payments are already due (commissions earned and unpaid) be Paid.
7.12. At the sole discretion of the Company, the Affiliate may have the opportunity to restructure their commission structure. Examples of alternative revenue streams could include a cost-per-acquisition (CPA) module. The Company declares to the Affiliate that only one type of income structure can be applied, and it will not be possible for two different income structures to coexist. Therefore, once an Affiliate chooses to accept the Company's offer for a different income structure than the standard commission structure described in clause 21 of this Agreement, the Affiliate acknowledges and accepts and understands that the new structure The proposed revenue stream will replace your existing commission structure in its entirety. Without prejudice of the previous,
7.13. The Affiliate shall be solely responsible for the payment of any and all taxes, levies, fees, charges and any other monies payable or owed both locally and abroad (if applicable) to any competent tax authority, department or other entity by the Affiliate. Affiliate as a result of the commission generated under this Agreement. The Company shall not be liable in any way for unpaid amounts that the Affiliate is required to pay and the Affiliate hereby indemnifies the Company in that regard.
8. TERMINATION
8.1. Either party may terminate this Agreement by giving thirty (30) days written notice to the other party. Written notification can be sent via email to info@bollapartners.com
8.2. The contracting parties agree that, upon termination of the Agreement:
a) The Affiliate must remove all references to Bolla.bet from the Affiliate website and/or other marketing and communications channels, regardless of whether the communications are commercial or non-commercial.
b) All rights and licenses granted to the Affiliate under the Agreement will terminate immediately and all rights will revert to the respective licensors, and the Affiliate will cease to use any trademarks, service marks, logos and other designations acquired from the Company.
c) The Affiliate shall be entitled only to commissions earned and unpaid as of the effective date of termination; however, provided that the Company may withhold the Affiliate's final payment for a reasonable time to ensure the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this termination date.
d) If the Company terminates the Agreement on the basis of the Affiliate's breach of clause 4.4. (B), the Company shall be entitled to withhold the Affiliate's earned but unpaid commissions as of the date of termination as security for any claims arising from such a breach. It is further specified that termination by the Company due to a violation by the Affiliate of any of the provisions of the Agreement shall not require a notice period and such termination shall be effective immediately upon mere notice by the Company to the Affiliate.
e) The Affiliate must return the original data elements containing all Confidential Information (and all copies and derivatives thereof) in the Affiliate's possession, custody and control to the Company or permanently delete any copies or electronic containers of data that contain the same.
f) The Affiliate shall release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination. Termination will not relieve the Affiliate of any liability arising from any breach of the Agreement, which occurred prior to termination and/or any liability arising from any breach of Confidential Information, even if the breach arises at any time after termination of the Agreement. Agreement. The Affiliate's obligation of confidentiality to the Company shall survive the termination of this Agreement.
8.3. If the Affiliate account is inactive, we will terminate the account with the right to freeze the commission on the account. In this clause, "inactive" means that you have not registered any new real money players for one hundred and eighty (180) days or more. If your Affiliate Account is inactive, your Agreement and participation in the Affiliate Network will automatically terminate. When automatic termination occurs, we will notify you that your commission in your Player account will be frozen. If we do not receive a response from you within one hundred and eighty (180) days, the remaining funds within your affiliate account will revert to us.
9. GUARANTEES
9.1. The Affiliate expressly acknowledges and agrees that use of the Internet is at your own risk and that this Affiliate Program is provided "as is" and "as available" without warranties or conditions of any kind, whether express or implied. There is no guarantee that your affiliate website will be accessible at any particular time or in any particular location.
9.2. The Company shall in no event be liable to the Affiliate or any other person for any inaccuracies, errors or omissions, loss, injury or damage caused in whole or in part by failures, delays or interruptions of Bolla.bet or the Affiliate Program.
10. INDEMNIFICATION
10.1.The Affiliate agrees to defend, indemnify and hold harmless the Company and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys from and against any and all claims and liabilities, including reasonable lawyers and experts. fees, related or derived from:
a) Any breach of the Affiliate's representations, warranties or covenants under the Agreement.
b) Affiliate's use (or misuse) of marketing materials.
c) All conduct and activities that occur under the Affiliate's username and password.
d) Any defamatory, defamatory or illegal material contained on the Affiliate Website or as part of the Affiliate Information and Data.
e) Any claim or assertion that the Affiliate's website or the Affiliate's information and data infringes the patent, copyright, trademark or other intellectual property rights of any third party or violates the rights of privacy or publicity from a third party.
f) Third Party Access or Use of Affiliate Website or Affiliate Information and Data.
g) Any claim related to the affiliate website.
h) Any violation of the Agreement.
10.2. The Company reserves the right to participate, at its own expense, in the defense of any matter.
11. RIGHTS OF THE COMPANY
11.1. The Company may reject any player or close a player's account if necessary to comply with Company policy and/or protect the Company's interests.
11.2. The Company may reject any applicant and/or may close any Affiliate Account if necessary to comply with the law, Company policy, the General Terms and Conditions or the Privacy Policy, the Agreement and/or to protect the interests of the company. If the Affiliate breaches the Agreement or the terms of the Company or other rules, policies and guidelines, the Company, in addition to closing the Affiliate Account, may take any other legal action to protect its interests.
12. APPLICABLE LAW AND JURISDICTIONS
12.1. This Agreement shall be governed by and construed in accordance with the laws of Curaçao and any action or dispute relating to the terms of this Agreement must be brought in Curaçao and the Affiliate irrevocably consents to the jurisdiction of the Curaçao courts of law.
12.2. Any claim, dispute or matter arising out of or relating to the Bolla.bet Website shall be governed by and construed in accordance with the laws of Curaçao and any action relating to the Bolla.bet Website must be brought in Curaçao and the Affiliate irrevocably consents in the jurisdiction of the courts of law of Curaçao.
13. ALLOCATION
13.1. The Affiliate may not assign the Agreement, by restructuring or otherwise, without obtaining the prior written consent of the Company. In the event that the Affiliate acquires or gains control of another Bolla.bet Affiliate, the Affiliate Accounts will co-exist on individual terms.
13.2. The Company may assign the Agreement, by restructuring or otherwise, at any time without obtaining the prior consent of the Affiliate.
14. NO WAIVER
14.1. The Company's failure to enforce the Affiliate's adherence to the terms of the Agreement shall not constitute a waiver of the Company's right to enforce such terms at any time.
15. FORCE MAJEURE
15.1. Neither party shall be liable to the other for any delay or failure to perform its obligations under the Agreement if such delay or failure arises from a cause that is beyond the reasonable control and not the fault of such party, including, without limitation, disputes labor, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, service or communication failures, earthquakes, or other casualties. If a force majeure event occurs, the party not performing the act is relieved of any action that the force majeure event prevents to the extent possible. Provided that, if the force majeure event continues for a period greater than thirty (30) days, either party may terminate the Agreement without notice.
16. RELATIONSHIP OF BOTH PARTIES
16.1. Nothing contained in the Agreement, nor any action taken by either party to the Agreement, shall be deemed to constitute one party (or any of such party's employees, agents or representatives) an employee or legal representative of the other. party, or create a partnership, joint venture, association, or syndication between the parties, or confer on either party any express or implied right, power, or authority to enter into any agreement or undertaking on behalf of (or impose any obligation on) the other part
17. SEVERABILITY / WAIVER
17.1. Wherever possible, each provision of the Agreement shall be construed in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement is held invalid, illegal, or unenforceable in any respect, such provision shall be ineffective only to the extent such invalidity or unenforceability, without invalidating the remainder of the Agreement. No waiver for conduct or breach of any right will be implied and must be in writing to be effective.
18. CONFIDENTIALITY
18.1. All information, including but not limited to business and financial lists of customers and buyers, as well as pricing and sales information and any information related to products, records, operations, business plans, processes, product information, knowledge or logic of business. , trade secrets, market opportunities, affiliate network, affiliate program, sub-affiliates and personal data of the company's players will be treated confidentially. Such information must not be used for commercial or other purposes or disclosed to any person or third party, directly or indirectly, unless the Company has given prior explicit and written consent. This provision will survive termination of the Agreement.
18.2. The Affiliate obligates itself not to use the Confidential Information for any purpose other than the performance of its obligations under the Agreement.
19. CHANGES TO THIS AGREEMENT
19.1. The Company reserves the right to amend, alter, delete or add any of the provisions of the Agreement, at any time and at its sole discretion, without giving prior notice to the Affiliate subject to the terms set forth in the Agreement. Any such changes will be posted on Bolla.bet.
19.2. In the event of discrepancies between the meanings of the translated versions of the Agreement, the English version shall prevail.
20. TRADEMARKS
20.1. Nothing in the Agreement shall grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights (referred to as "Marks") of the other party. At no time during or after the term shall either party attempt or challenge or assist or allow others to challenge or register or attempt to register the Marks of the other party or of any company within the other party's group of companies. Provided, that neither party registers or attempts to register any Mark that is substantially similar or confusingly similar to any Mark owned by the other party or any company contained in the other party's group of companies.
21. STRUCTURE OF THE COMMISSION
Commissions are paid as a percentage of qualifying FTD's net gaming revenue or CPA. The exact Bolla.bet commission structure can be seen in Exhibit A, which is part of this Agreement, or has been assigned to your Affiliate Account.
Exhibit A - Bolla.bet Commissions
Commissions are paid as a percentage of net game revenue. The exact commission structure is explained as follows:
Level 1 = 1 – 20 FTDs required to receive 25% commission
Level 2 = 20 – 50 FTDs required to receive 30% commission
Level 3 = 50+ FTDs required to receive 35% commission
Updated: 22.09.2022
