Terms and conditions
EnergyCasino Affiliate Program
Terms and Conditions
EnergyCasino Partners is the official affiliate program run by Energy Marketing Solutions Limited for EnergyCasino.com, website operated by Probe Investments Limited which is registered under the laws of the European Union member state of Malta. It has registration number C51749 with registered address at Cobalt House, Level 2, Notabile Road, Mriehel, Birkirkara, BKR 3000, Malta.
By completing the Affiliate Application to EnergyCasino Program (the "Affiliate Program") and clicking "I Accept" on the form, you (hereinafter the "Affiliate") hereby agree to abide by all the terms and conditions set out in this Agreement.
EnergyCasino Partners reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Your continued (i) participation in the Program, (ii) use of the EnergyCasino Partners website and/or EnergyCasino Partners Marketing Tools (as hereafter defined), or (iii) acceptance of any Affiliate commissions from EnergyCasino Partners confirms your irrevocable acceptance of this Agreement (and any modifications thereto), subject to your continued compliance with the terms and conditions of this Agreement.
An Agreement entered into between EnergyCasino Partners, a company incorporated in Belize hereinafter referred to as "the Company" And the undersigned Affiliate__________________, hereinafter referred to as "the Affiliate"
Effective on the date the online Affiliate Registration Form is approved by EnergyCasino Partners.
1.1 EnergyCasino Partners is the official affiliate program run by Energy Marketing Solutions Limited for EnergyCasino.com, website operated by Probe Investments Limited which is registered under the laws of the European Union member state of Malta. It has registration number C51749 with registered address at Cobalt House, Level 2, Notabile Road, Mriehel, Birkirkara, BKR 3000, Malta.
1.2 The Affiliate maintains and operates one or more websites on the Internet (hereinafter collectively referred to as "the Website").
1.3 This Agreement governs the terms and conditions relating to the promotion of the EnergyCasino.com, whereby the Affiliate will be paid a commission depending on the traffic generated to EnergyCasino.com subject to the terms and conditions of this Agreement.
Acceptance of Affiliate
2.1 The Company shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in writing whether the Membership Form is accepted or not. EnergyCasino Partners reserves the right to refuse the application for any reason.
3.1 The Applicant/Affiliate hereby warrants that:
3.1.1 He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.
3.1.2 He/She is competent and duly authorized to enter into binding Agreements for the Affiliate and/or the Website.
3.1.3 He/She is the proprietor of all rights, licenses and permits to market, promote and advertise EnergyCasino.com in accordance with the provision of this Agreement.
3.1.4 He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of EnergyCasino.
3.1.5 He/She fully understands and accepts the terms and conditions of the Agreement.
Responsibilities and Obligations of the Company
4.1 The Company shall provide the Affiliate with all information necessary and marketing material for the proper implementation of the tracking link.
4.2 The Company shall administrate the turnover generated via the links, record the net revenues and the total amount of commission earned via the link, provide the contracting party with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
4.3 The Company shall pay the Affiliate the amount due depending on the traffic and or revenue generated subject to the terms and conditions of this Agreement.
4.4 The Company may refuse any player or close a player's account if it is necessary to comply with the Company's Policy and/or protect the interest of the Company.
Responsibilities and Obligations of the Affiliate
5.1 The Affiliate hereby warrants and undertakes:
5.1.1 To use its best efforts to actively and effectively advertise, market and promote EnergyCasino.com as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online.
5.1.2 To market and refer potential players to EnergyCasino.com at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.
5.1.3 To use only a link provided within the scope of the partner programme, otherwise no warranty whatsoever can be assumed for proper registration and revenue accounting. Also, not to change or modify in any way any link or marketing material without prior written authorization from the Company.
5.1.4 To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
5.2 The Affiliate hereby warrants:
5.2.1 That it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
5.2.2 That it will not actively target any person who is under the legal age for gambling.
5.2.3 That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.
5.3 That it will not generate traffic to EnergyCasino by illegal or fraudulent activity, particularly but not limited to by:
5.3.1 Sending spam.
5.3.2 Incorrect metatags.
5.3.3 Registering as a player or make deposits directly or indirectly to any player account through his tracking links for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company.
Violation of this provision shall be deemed to be fraud.
5.3.4 That it will not present the Website in such a way that it might evoke any risk of confusion with Energy Casino and/or the Company or convey the impression that the web site of the contracting party partly or fully originated with EnergyCasino and/or the Company.
5.3.5 Without prejudice to the Marketing Material as may be forwarded by the Company and/or made available online through the website http://energycasinopartners.com. The Affiliate may not use Energy Casino or other terms, trademarks and other intellectual property rights that are vested in the Company unless the Company consents to such use in writing.
5.3.6 The Affiliate shall not register or attempt to register domain names which are similar or confusingly similar to the Marks or Sites including the Operators name, or any other associated brands or companies, including (for the avoidance of doubt) any misspellings of the domain names of any of the Sites (commonly known as typo-squatting), or any phonetics of any of the Sites.
5.3.7 The Affiliate shall not register or attempt to register any logo, trade mark, trade name, insignia, design, domain name or similar identifying material that contain the Marks or are confusingly similar to or are comprised of any of the Marks. In the event that the Affiliate does register any domain name referred to in clause 5.3.6, it will on demand by the Operator, immediately transfer any such domain name to the Operator or to a third party elected by the Operator.
6.1 EnergyCasino agrees to pay the Affiliate a commission calculated on the net revenue generated from new customers referred by the Affiliate Website. The net revenue shall be calculated on the following formula:
Casino net revenue is the product of the following: Gross Revenue (Player Losses – Player Wins) – Bonuses – Admin fee* – taxes in the licensed markets where applicable (example: 15% for UK traffic)
*admin fee is % cost on GR. It is differrent for traffic from each country ( depending upon your recruited players country of origin), including a payment relating to transaction handling and other service related costs.
We have and reserve the right to pass on any Fraud Costs to Your account.
Negative balance in the Affiliate’s Affiliate account with the Operator means that in any calendar month the total of all bets generated on the Affiliate’s Trackers is less than the total sum of all winnings and bonuses generated on the Affiliate’s Trackers.
The Operator has a negative carry-over policy, meaning that any negative balance in the Affiliate’s Affiliate account will be carried over to subsequent months and will be set-off against the payments due to the Affiliate in the subsequent months, until the full negative balance is thus set-off.
The commission shall be a percentage of the net revenue in accordance with what is set out in the Commission Plan, displayed in the table below.
|over 100 players||40 %|
|no players in last 3 months||5%|
New customers are those customers of the EnergyCasino.com who do not yet have a betting account and who access the website via the link to EnergyCasino.com and who properly registers and makes real money transfers to their betting account.
6.2 CPA Plans
In accordance with the CPA Payment Plan, you will receive a one-off payment for every New Player you direct to any of our Sites. A CPA Payment will be owed and payable to you if and when a qualifying Player completes first registration on one of the Sites, deposits the minimum required amount and meets the minimum wagering activity requirements, as previously agreed upon in writing with your Affiliate Manager.
Please take note of the following with regards to the CPA Payment Plan: (i) in the event of a Chargeback received against or issuance of credit to a qualifying Player, that Player will be discounted for the purpose of the CPA Plan. In addition, any CPA Payment previously made to you in respect of such a Player will be deducted from future payments to you and; (ii) A CPA Payment will be owed and payable to you in respect of a qualifying Player upon the first registration in any of our brands and the depositing of the minimum required amount, as specified in the CPA tables above. All subsequent activity by such a Player within that Site or in other Sites, inclusive of playing different games in that Site, in other Sites or on different gaming platforms (for example, playing Poker after Casino games), will not warrant any payment to you. A CPA Payment will be made to you as a one-off payment for each qualifying Player, regardless of the number of Sites and/or number or type of games played by that Player.
- We do not pay for incentivized traffic in any form and we do not pay for schemes where a Player is given part of the CPA as an incentive or any roulette playing schemes or casino systems where players are advised on how to play to beat the casino.
- EnergyCasino holds the right to refuse to pay for any Player and/or traffic that they deem to be abusive as per the terms and conditions of EnergyCasino
6.3 The commission is calculated at the end of each month and payments shall be performed by the [1st - 14th] of each calendar month, provided that the amount due exceeds [€100] ('Minimum Payment'). If the balance due is less than the Minimum Payment, it shall be carried over to the following month and shall be payable when it exceeds the Minimum Payment.
6.4 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
6.5 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the Balance due for the period indicated.
6.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company on firstname.lastname@example.org and indicate the reasons of such dispute.
Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the Balance due for the period indicated.
6.7 EnergyCasino Partners may delay payment of any Balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
6.8 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.
6.9 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
6.10 The Company reserves the right to set limits for a minimum level of activity on affiliate accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and basically reflect the intention of avoiding accounts where the revenue does not cover our internal costs for maintaining the account and the payout procedure.
7.1 This Agreement may be terminated by either party by giving written notification to the other party. Written notification may be given by an email.
7.2 The Contracting Parties hereby agree that on termination of this Agreement
7.2.1 The Affiliate must remove all references to EnergyCasino from the Affiliate's websites and communications, irrespective of whether the communications are commercial or otherwise.
7.2.2 All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company
7.2.3 The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, EnergyCasino may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
7.2.4 If this Agreement is terminated by the Company on the basis of an Affiliate's breach, the Company shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.
7.2.5 The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
7.2.6 The Affiliate will release the Company 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.
7.3 - WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
7.3.1 Any form of traffic that is generated from any medium that is aimed at children, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring EnergyCasino Our Merchants into disrepute or prejudice the interests of EnergyCasino or Our Merchants in any way is considered unsuitable and constitutes a breach of agreement.
7.4 Sale of Business - We recognize that an Affiliate may wish to sell his/her/ its Affiliate business to a third party. We require an Affiliate to recognize and respect that the personal qualities, probity and background of Affiliates is vital to Our decision to accept a person as an Affiliate of the Affiliate Programme.
7.4.1 If an Affiliate wishes to sell or otherwise dispose of the shares or assets of his/her/its Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/her/its Affiliate business) the Affiliate shall be required, prior to completing the sale, disposal or transfer, to:
(i) give Us no less than 30 (thirty) days prior written notice of such intention, simultaneously provide such details as We may request (which shall include, but not be limited to, the selling of the Affiliates Affiliate ID and full details of the intended purchaser (including their banking details and, if they are already an Affiliate of the Affiliate Programme, their Affiliate ID) and furnish Us with an irrevocable consent and authority to pay the selling Affiliates Commission, after the sale is completed, to the purchaser, in a form acceptable to Us in Our sole discretion; and
(ii) make the deed of sale subject to the suspensive condition that We approve such purchaser as an Affiliate of the Affiliate Programme and that such intended purchaser shall, subject to Our approval (at Our sole discretion) join the Affiliate Programme.
7.4.2 If We reject the intended purchaser as an Affiliate of the Affiliate Programme and the selling Affiliate nevertheless decides to proceed with the sale, We reserve the right to terminate this Agreement insofar as it relates to the selling Affiliate, the business sold and/or the purchaser.
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its risk and that this Referral Program is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
8.2 The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of Energy Casino website or the Affiliate Program.
9.1 The Affiliate agrees to defend, indemnify and hold EnergyCasino and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
9.1.1 Any breach of Affiliate's representations, warranties or covenants under this Agreement.
9.1.2 Affiliate's use (or misuse) of the marketing materials.
9.1.3 All conduct and activities occurring under Affiliate's user ID and password.
9.1.4 Any defamatory, libellous or illegal material contained within Affiliate Site or Affiliate's information and data.
9.1.5 Any claim or contention that Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.
9.1.6 Third party access or use of Affiliate Site or Affiliate's information and data.
9.1.7 Any claim related to Affiliate Site.
9.1.8 Any violation of this Agreement.
9.2 Energy Casino reserves the right to participate, at its own expense in the defense of any matter.
Governing Law & Jurisdictions.
10.1 This Agreement shall be governed by the laws of Malta and any action relating to this Agreement must be brought in Malta and the Affiliate irrevocably consents to the jurisdiction of its courts.
11.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of EnergyCasino.
12.1 The Company's failure to enforce the Affiliate's adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of EnergyCasino to enforce said terms at any time.
13.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.
Relationship of the Parties.
14.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party's employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
Severability / Waiver.
15.1 Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information shall be treated confidentially. Such information must not be used for own commercial or other purposes, neither direct nor indirectly. This provision shall survive the termination of this agreement.
Changes to this Agreement
17.1 The Company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on EnergyCasino and via email to Affiliates.
In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.