Terms and Conditions
StarVegas Partners [Italy] | Terms & Conditions (T&C) as at: May 20, 2020
Please read this document carefully before accepting these terms – ideally store safely along with all confirmation emails reflecting commission deals and other aspects of interests.
StarVegas Partners (also referred to as “StarVegas Partners Programme”) is a marketing programme on behalf of the brand StarVegas.it, according to which Marketing Partners are recruited in order to place the Operator’s marketing material and/or campaign links on their own Marketing Partner website(s).
Participation in the StarVegas Partners Programme shall be governed by these terms and conditions (“T&C”) that are entered between the StarVegas Partner Programme company (hereinafter to be referred to as ‘Programme Partner’) and the Marketing Partner.
The purpose of the T&C is to regulate the relationship between the Programme Partner, the Operator and the Marketing Partner.
The recruited Marketing Partners’ contractual relationship is with the Programme Partner. The company details of the Programme Partner are as follows:
• Funstage Spielewebseiten GmbH.
Wiedner Hauptstraße 94 A-1050 Vienna, Austria
General enquiries related to participation in the StarVegas Partners Programme or to these terms and conditions should be sent to the email address of the Programme Partner seen above.
The Programme Partner provides the marketing and tracking services on behalf of the Operator brand(s). The company details of the Operator are as follows:
Greentube Malta Ltd.
W Business Centre, Level 4, Triq Dun Karm, Birkirkara, BKR9033, Malta
Target country: Italy.
The contractual agreement has been written in English and will only be served in English.
The T&C may be modified or supplemented from time to time as the Programme Partner deems fit and/or in line with regulatory developments or legal requirements. The modifications shall be communicated to the registered Marketing Partner via e-mail, via the StarVegas Partners Programme website www.starvegaspartners.it or via the Software utilized in the StarVegas Partners Programme. T&C changes shall only take effect the earliest two (2) business days after the date of posting or sending (whichever is earlier) of such notice unless stipulated by the Programme Partner that immediate effect of the change is required, in order to adhere to legal and/or regulatory requiremen.
Under no circumstances can the Marketing Partner amend and/or supplement these T&C without a written consent of a duly authorized representative of the Programme Partner.
In order for Marketing Partners to participate in the StarVegas Partners programme, they must be registered and approved. When the registration form is completed the T&C are considered to have been read, understood, acknowledged, and most of all accepted by and bound the Marketing Partner.
On completion of the registration form for the StarVegas Partner Programme, the Marketing Partner will have set a user name and password based on the submission of this information during the registration process. The Marketing Partner shall at all times remain responsible to keep all its data confidential and up-to-date. The Marketing Partner shall not provide this information to any third party as any activity under the Marketing Partner’s user settings is automatically attributed to the Marketing Partner. Further details and information will be requested and required from the Marketing Partner after registration in order to have successful out-payment for a commission that may be generated.
Marketing Partner registration data are the basis for the self-billed invoices and need to comply with invoicing standards, especially regarding correct names of company or registered private persons, VAT and tax numbers and official addresses. Data that are misstated and lead to wrong tax calculation or tax information on the self-billed invoice, will lead to exclusion of the Marketing Partner from the StarVegas Partners Programme if not reported immediately to the Programme Partner, including the correct information necessary.
In these T&C, references to the following words shall have the meaning set out below, unless explicitly stated otherwise:
1. “Marketing Partner” is a company which provides a website (“Marketing Partner website”) where the Operator’s marketing material is placed and directly linked to one of the Operator’s Website(s).
2. “StarVegas Partners” or “StarVegas Partners Programme” is the marketing programme where the StarVegas Partner Programme company (the “Programme Partner”) recruits Marketing Partners to place the Operator’s marketing material and/or campaign links on their own Marketing Partner website(s). Marketing Partners will receive a referral fee or commission in the form of revenue as may be agreed between the Programme Partner and the Marketing Partner.
3. “StarVegas Partners Software” means the log-in access portal located on the URL of the StarVegas Partners Programme stipulated in section 1, as this may be replaced from time to time (and such other web addresses that are owned, operated or controlled by or on behalf of the Operator from time to time and that make available such website) and each of its related pages.
4. “Marketing Partner Website” is the website operated and owned by the Marketing Partner.
5. “Commission” is the amount due and payable to the Marketing Partner, for its participation in the StarVegas Partners Programme, as calculated solely on the basis of StarVegas Partners Software system’s data and in accordance with these T&C and the applicable Payment Plans that are associated with the respective Marketing Partner.
6. “Payment Plan” means the payment plan(s) chosen by the Marketing Partner for each of the Marketing Partner’s campaign tracking links as further laid down in section 9.3.
7. “Cost per Acquisition” (CPA) means the Payment Plan, where the Marketing Partner gets paid a referral fee for the completion of the action set by the StarVegas Partners Programme as further described in section 9.3..
8. “Revenue Share“(RS or Rev Share) is a stipulated percentage of the revenue generated by Real Money Players which is paid by the Programme Partner to the Marketing Partners which choose the Revenue Share Payment Plan or the Time Limited Revenue Share Payment Plan (within section 9.3).
9. “Fraud” means fraudulent behavior as described in section 7.
10. “Intellectual Property Rights” (IP) means rights to all existing and future intellectual property, owned from time to time by the Operator or any of its third parties (as described in Section 10.).
11. “Marketing Material” means banners, text links and other marketing materials that has been provided or otherwise made available to the Marketing Partner via the StarVegas Partners Programme and/or pre-approved in writing by the Programme Partner.
12. “Minimum Required Deposit” means the minimum amount to be paid by a player required for the Marketing Partner’s commission, which will be available to the Marketing Partner after due registration with the StarVegas Partners Software and is to be treated as strictly confidential. Programme Partner reserves the right to alter the said amount at any time by placing a notice to this effect on the StarVegas Partners Software and/or email notification.
13. “Commission Base” means the revenue generated via one player less administration fees (such as bonus money and handling fees), taxes due on the offering of games, license costs, fees to be paid to third parties’ software and services providers, marketing costs, transaction processing fees, user verification fees and charge backs and is the basis for the Revenue Share.
14. “Operator” means the gaming brands that Programme Partner provides a service to. For details of the Operator’s company address, as well as licence info, please refer to section 1 of these T&C and the URL provided thereto.
15. “Operator’s Website” means the websites (as seen in section 1of these T&C) and any other online site or platforms that are offered by the Operator under its online gaming licence number and each of its related pages through which a player opens a player account and/or accesses the related Operator’s services.
16. “Player(s)” means any person using any products or services on any of the listed Operator’s website(s) whether attached to the Marketing Partner’s tracking link(s) or not.
17. “Player Account” means a uniquely assigned account that is created for a player when it successfully registers for the services via a tracking link URL.
18. “Referred Player(s)” means any person who is attached to the Marketing Partner’s tracking link and who:
(i) has not been a player with the Operator before;
(ii) is not located in a restricted territory of that specific Operator list who the player attempts to participate with;
(iii) has made the minimum required deposit;
(iv) is accepted as a player under any applicable sign up or identity verification procedure which the Operator may require;
(v) has accumulated the required criteria notified to the Marketing Partner after duly registering with the StarVegas Partners programme; and
(vi) has adequately fulfilled any other qualification criteria that Programme Partner may introduce from time to time.
Notwithstanding any other provisions contained elsewhere in this agreement, Programme Partner reserves the right to alter the above-mentioned qualifying criteria at any time by virtue of placing a notice on the software and/or email notification.
19. “Services” means any product or service offered to players by the selected Operator’s website(s).
20. “Tracking Link(s)” means a unique identifier through the use of a URL that Programme Partner provides exclusively to the Marketing Partner, through which Programme Partner tracks referred players´ activities and calculates commission. Every Tracker is uniquely identified by its Tracking ID.
21. “Tracking URL” means a unique hyperlink or another linking tool for referencing the Operator’s website(s) or services through which the Marketing Partner refers potential real money players. When the relevant player opens their player account, the Operator’s website(s) automatically logs the tracker URL and records the Marketing Partner.
22. “Tracking ID” is a unique identification number which identifies the Marketing Partner’s tracking links and their performance.
5. Responsibility of the Programme Partner
1. Programme Partner makes no warranties or representations (whether expressed or implied by law, statute or otherwise) with respect to the StarVegas Partners Programme, sites, website or any content, products or services available therein or related thereto or that the Operator’s website, the Programme Partner Software, system, network, software or hardware (or that provided to Programme Partner by third parties) will be error-free or uninterrupted or with respect to the quality, merchantability, fitness for particular purpose or suitability of all or any of the foregoing. Except as expressly stated otherwise in these T&C, all warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law. Furthermore, neither Programme Partner, nor its providers or vendors are required to maintain backup system(s), network, software or hardware.
2. Programme Partner shall provide the Marketing Partner with a selection of advertising instruments e.g. logos, banners, graphics and other sales enhancing tools (hereinafter referred to as “marketing material”). Upon implementation of any marketing material on the Marketing Partner website, the Marketing Partner offers the users of the Marketing Partner website the opportunity to directly access the Operator’s website(s). Programme Partner shall be entitled to modify, limit and/or provide new marketing material at any time.
3. Programme Partner shall bear any cost/s arising in connection with the graphical representation of the link(s).
4. Programme Partner shall administer the referred players generated via the links, and the total amount of the commission earned via the links, provide the Marketing Partner with performance statistics online, and handle all customer services related to the business.
5. Programme Partner reserves the right to alter the commission deal at any time by placing a notice to the Marketing Partner via email notification to the email associated with the Marketing Partner details. It is the responsibility of Programme Partner to notify its Marketing Partner’s commission deal change at least two (2) business days in advance, unless specifically mentioned by the Programme Partner representative.
6. Responsibility of the Marketing Partner
1. The Marketing Partner acknowledges and agrees the regulations 10(1) and 10(2) (information to be provided by electronic means) and 11(1) (placing of the order) of the Electronic Commerce Directive 00/31/EC shall not apply to or have any effect on this agreement.
2. It is the Marketing Partner’s responsibility to visit the StarVegas Partners Software frequently to view the T&Cs and/or have the correct email listed to receive notifications of such changes in the T&C, which may be communicated by the Programme Partner from time to time, according to these T&C.
3. The Marketing Partner shall only target and acquire players from the approved list of country or countries listed under the Operator(s) information in section 1 (“target country or countries”) of these T&C. Programme Partner reserves the rights to close, block or suspend the Marketing Partner’s account and any commission associated with it, should the Marketing Partner attempt to target or acquire players outside the target country or countries.
4. The Marketing Partner’s continued participation and/or activity in the StarVegas Partners Programme for three (3) business days following the notice period seen in section 5.1 above will be deemed binding acceptance of the modified T&C.
5. The Marketing Partner shall not register or attempt to register domain names which are similar or confusingly similar to the trademarks or sites, or any other associated brands and companies (including any misspellings or phonetics). In the case that the Marketing Partner does register any domain as described above, the transfer of any such domain name will be demanded by the Programme Partner, with immediate effect, to Programme Partner or to a third party elected by the Programme Partner at the expense of the Marketing Partner.
6. The Marketing Partner may not place, purchase or register keywords (including meta-tag keywords), search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, similar or otherwise resemble any trademarks owned by the Programme Partner, the Operator or third parties.
7. The Marketing Partner will only use advertising creative(s) (banners, mailers, images, logos, micro games, page peels, content and other formats) approved by the Programme Partner and will not alter their appearance nor refer to the Programme Partner and the Operator in any promotional materials other than those that are available within the StarVegas Partners Software.
8. The Marketing Partner shall guarantee that the material shown on the Marketing Partner website does not infringe any rights of third parties (including copyright, patents and trademark rights, the general right of personality or any other rights – in the following “IP”).
9. The Marketing Partner shall not copy or resemble the Programme Partner or its Operator’s website in whole or in part or frame any page of the Operator’s Website in whole or in part. The Marketing Partner shall not register or attempt to register any logo, trademark, trade name, insignia, design, domain name or similar identifying material and shall not create any websites, groups, profiles (especially but not limited to www.facebook.com) that contain the IP or are confusingly similar to or are comprised of any of the IP belonging to the Programme Partner, to the Operator or third party.
10. The Marketing Partner shall be solely responsible to ensure that the set link is in compliance with all applicable laws of all relevant jurisdictions that might be concerned and the Marketing Partner shall further indemnify and hold the Programme Partner harmless against any and all claims, demands, liabilities, losses, damages, costs and/or expenses resulting or arising (directly or indirectly) from any such breach of the applicable law. Furthermore, the Marketing Partner represents and warrants that during its participation in the StarVegas Partners Programme it shall comply with all applicable laws in the target country, including but not limited to the provisions of Decreto Dignità’ (Law Decree no. 87/2018) and any further applicable law on commercial communication of gambling activities, as well as any emergency decrees or other relevant legislation which may be emanating from time to time from the Italian Authorities.
11. The Marketing Partner acknowledges that any artwork or other marketing material used outside StarVegas Partners Software shall need a written confirmation via email supplied by a Programme Partner representative approving said artwork.
12. The Marketing Partner represents and warrants that the information provided to the Programme Partner in the online application form is true and complete in all respects. The Marketing Partner shall promptly update such information if all or any part of it changes.
13. The Marketing Partner confirms that it operates the Marketing Partner website under its own name and that it is fully and without any restrictions authorised to dispose thereof.
14. The Marketing Partner shall assume all costs incurred for the implementation of the link. In addition, the Marketing Partner undertakes to bear the costs related to the access to the Marketing Partner website and display and/or delivery of the advertisement.
15. The Marketing Partner shall be responsible for the proper technical incorporation of the link and for the technical operation of the Marketing Partner website.
16. The Marketing Partner shall be responsible for the development, operation, and maintenance of the Marketing Partner website as well as for all material appearing on the Marketing Partner website.
17. The Marketing Partner acknowledges and agrees that tracking links are for the Marketing Partner’s sole use and the Marketing Partner shall not assign or sub-license (as appropriate) the tracking ID or any commissions to any third party without the Programme Partner’s prior written consent.
18. The Marketing Partner warrants that it has independently evaluated the desirability of marketing the Operator’s website(s) or services which the Programme Partner provides a service to.
19. The Marketing Partner has independently evaluated all relevant laws and regulations that apply to its activities and has confirmed to its complete satisfaction that it may participate in the StarVegas Partners Programme without violating any applicable rules or laws.
20. If the Marketing Partner is an officer, director, employee, consultant or agent of the Programme Partner or one of its subsidiary parent or associated companies, or suppliers, vendors or Operators, it is not permitted to participate in the StarVegas Partners Programme or to use directly or indirectly any of the Operator’s website(s), other than in the course of his/its employment as employee. Similarly, relatives of Operator’s employees (including, but not limited to, a spouse, Marketing Partner, parent, child and/or sibling) are not permitted to participate in the StarVegas Partners Programme or to use directly or indirectly any of the Operator’s website(s), unless the Marketing Partner has the Programme Partner’s or the Operator’s (being utilized by the player) prior written consent.
21. The Marketing Partner represents and that it is entering into this agreement for purposes relating to his business, in its capacity as legal person and cannot be deemed as a “consumer” for the purposes of applicable consumer protection laws.
22. The Marketing Partner shall not market the Operator’s website(s) and/or the Operator or Operator’s services or trademarks in any way whatsoever, (unless such activities are approved in writing by the Programme Partner), including:
(i) on any website on which the Operator promotes any of the Operator’s website(s);
(ii) on or through any internet search engine on or through which the Operator promotes any of the Operator’s website(s); and
(iii) in any other manner that results in the Marketing Partner competing with the Operator in relation to the promotion of any of the Operator’s website(s) or
(iv) where the Programme Partner requests that the Marketing Partner cease the same.
23. The Marketing Partner shall make sure that the Marketing Partner website does not promote sexually explicit materials, is not targeted towards children or minors, does not promote violence, does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, does not promote illegal activities, is not targeted towards citizens from restricted territories and does not violate intellectual property rights including Operator’s Intellectual Property Rights.
24. 1. The Marketing Partner shall not directly or indirectly, authorise, assist or encourage any third party/ies to:
i. Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the marketing of the Operator, the Operator’s Website(s) and/or the Marketing Partner software which marketing is targeted at any person(s) who are younger than 18 years of age, regardless of the age of majority in the location where the Marketing Partner’s marketing is taking place;
ii. Place marketing materials on any online site or other medium, including the Marketing Partner website, where the content and/or material on such website, the links to such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, in Programme Partner’s sole discretion otherwise unsuitable or undesirable or potentially causing material disrepute;
iii. Use marketing materials in a manner that may potentially confuse or mislead a player or potential player;
iv. Place marketing materials on any online site or other medium, including the Marketing Partner website, where the content and/or material on such online site, and where the links to such website or medium:
a. infringes any third party’s Intellectual Property Rights, including those of the Operator;
b. copies or resembles the Programme Partner’s or the Operator’s website(s) in whole or in part;
c. disparages the Programme Partner or the Operator, or otherwise damages their goodwill or reputation in any way;
d. frames any page of the Programme Partner and/or the Operator’s website(s), including player registration forms in whole or in part;
v. Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Programme Partner by any other person;
vi. In any way alter, redirect any/or interfere with the operation or accessibility of the Operator’s website(s) or any page thereof;
vii. Register as a player on behalf of any third party, authorise or assist (save by promoting the Operator’s website(s) and services in accordance with this agreement) any other person to register as a player;
viii. Take any action that could reasonably cause any player confusion as to the Programme Partner’s relationship with the Marketing Partner and/or any third party/ies, or as to the ownership or operation of the Operator’s website(s) or service on which any functions or transactions are occurring. Any further disclosure of and/or reference to the Operator requires the Programme Partners’ prior written consent;
ix. Post, serve or publish any advertisements, communications and/or promotional content promoting the Operator’s website(s), the Operator’s services, Intellectual Property Rights or Marks around or in conjunction with the display of the Operator’s website(s) and/or any part or page thereof (for example and without limitation through any “framing” technique or technology or pop-up windows or pop-under windows or interstitials);
x. Cause any of the Operator’s website(s) (or any parts or pages thereof) to open in a visitor’s browser or anywhere else used for accessing the services other than as a result of the visitor clicking on banners or text links contained in or as part of marketing materials;
xi. Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in the StarVegas Partners Programme;
xii. Use any means to promote any of the Operator’s website(s) that resemble in any way the look and/or feel of any of the Operator’s website(s) whether in whole or in part, nor utilize any such means or site to create the impression that such sites are the Operator’s website(s) (or any part of the Operator’s website(s));
xiv. Attempt to communicate with any player/s whether directly or indirectly on the Operator’s website(s) to solicit them to move to any online site not owned by the Operator or for any other purposes by any means whatsoever including, but not limited to, via email, chat, etc. without the Programme Partner’s prior approval.
2. If the Programme Partner determines, in its sole discretion, that the Marketing Partner has engaged or has attempted to engage in any of the foregoing activities, the Marketing Partner will be obliged to pay a penalty equal to the highest of: a. any commission accrued by the Marketing Partner or b. any damages suffered by the Operator due to breach of the T&C.
The Operator can also terminate this agreement due to such breach immediately, upon notice to that effect.
1. Programme Partner shall be entitled to terminate the agreement with immediate effect and apply against the Marketing Partner a penalty equal to the total commission due in lieu for damages suffered in the event that the Programme Partners can determine that one or more of the following fraudulent activities has taken place or is about to take place:
i. Fraudulent activities by the players include, but are not limited to, the following: charge backs, incorrect player data, minor players, chip dumping, money laundering;
ii. Fraudulent activities by the Marketing Partner including, but not limited to, the following: if the Marketing Partner and the player have the same IP address, as well as if the player and the Marketing Partner are relatives in the direct line; if the Programme Partner has any doubt as to the true identity of the Marketing Partner; and if the Marketing Partner is not able to provide the Programme Partner with appropriate identification to effectively verify its identity.
iii. Fraud Traffic activities, especially, but not limited to:
a. any simulated new player, any self-referring,
b. any simulated introduction of a player via the Marketing Partner’s Tracker ID,
c. any double introduction of an individual player already introduced,
d. any introduction in pretense,
e. any acquisition of players and/or data through illegal means or similar action,
f. any direct initiative to incentivize users to specifically do a set of actions that would trigger the Marketing Partners’ commission. This incentive can be either of exchange of service or money being offered,
g. players generated via the use of illegal measures and disrupting marketing methods, spam, creation of false accounts and unauthorized use of any third-party accounts, collusion, multiple subscriptions from a single e-mail address, sequential names or patterns of names, many subscriptions from a specific website within a short time span,
h. subscriptions from employees or other parties related to the Marketing Partner,
i. Manipulation of the service or system, any alterations or modification of the marketing material provided and the Intellectual Property Rights.
2. Any dispute as to whether an issue is to be considered fraud traffic or not, shall be resolved and conclusively determined solely by the Programme Partner, regardless of whether damages have actually been incurred by the Programme Partner.
3. In the event that the Programme Partner reasonably deems that fraudulent activity has taken place in relation to the generation of the commissions, a Programme Partner representative or a member of its fraud team shall notify the Marketing Partner promptly of the nature of the fraud and of the identity of the perpetrator of the fraud. The Marketing Partner shall rectify the situation within forty eight (48) hours from the notification. If the situation cannot be clarified to the satisfaction of the Programme Partner within these 48 hours, the Programme Partner shall be entitled to terminate the agreement with the Marketing Partner with immediate effect and will seize any outstanding commission payments generated after dissatisfaction of the remedy results following the 48 hours given.
8. Reporting – Data Protection
1. Programme Partner will provide online reporting to each Marketing Partner detailing registrations, new referred players, and commission payable from each of the Operators the Marketing Partner promotes.
2. Programme Partner will enable Marketing Partners to access this information online. Should this not be possible at any stage, the Operator will provide reports via e-mail detailing the information mentioned above. It is understood that access to the system is not a precondition for membership to the StarVegas Partners Programme.
3. Programme Partner considers privacy (data protection), information security and reliability crucial to the success of the StarVegas Partners Programme. To this regard, and for the avoidance of doubt, reporting does not include any player’s information which would be considered personal data according to (i) the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”), (ii) any and all supplementary acts and national data protection laws adopted accordingly and (iii) guidelines or similar acts issued by the relevant data protection authorities and gaming regulators, as applicable.
1. The commission will be calculated twice in a calendar month (on the 1st and on the 15th of the month respectively, “Commission Calculation Date”) in accordance with the Marketing Partner’s chosen payment plans after the Marketing Partner has completed the registration process and/or when the Programme Partner has activated additional tracking links.
2. The Marketing Partner will only be able to select the available payment plan options upon registration. Other payment plans may be available at a later stage but this is at the discretion of the Programme Partner’s representative. However, the Marketing Partner can contact the Programme Partner’s representative to discuss other possible payment plan options that may be available.
3. In order to clarify the payment terms used and their meaning, the payment option plans a Marketing Partner can be associated with and the respective terms of such payment option plans are listed below. Terms and their meanings only describe the characteristic and do not represent the value of commission or the value required to trigger a commission:
· CPA Payment Plan (also known as a Cost per Acquisition Plan) is based on an amount to be received for each new referred player that the Marketing Partner introduces via the Marketing Partner’s Tracker ID. CPA calculation can be triggered at various points of acquisition depending on the set up of CPA commission deal. The setup, depending on the criteria, can also be specific to the acquisition of players who participate in a product vertically (i.e. Slots or Sports), however, this is outlined in the commission deal and seen within the StarVegas Partners Programme software.
· Revenue Share Payment Plan is based on the commission percentage of the Marketing Partner deal which is taken from the generated revenue of the Marketing Partner’s acquired players through his Tracker ID. Prior to these certain deductions from the revenue (such as Converted Bonus Money, Tax and Handling Fee) are incurred. The setup, depending on the criteria, can also be specific to the acquisition of players who participate toward a product vertically (i.e. Slots or Sports), however this is outlined in the commission deal and seen within the StarVegas Partners Programme software.
· Time Limited Revenue Share Payment Plan is based on the commission percentage of the Marketing Partner deal which is taken from the generated revenue of the Marketing Partner’s acquired players in the course of the first 360 days after player registration. Prior to these certain deductions from the revenue (such as Converted Bonus Money, Tax and Handling Fee) are incurred. The setup, depending on the criteria, can also be specific to the acquisition of players who participate toward a product vertically (i.e. Slots or Sports), however this is outlined in the commission deal and seen within the StarVegas Partners Programme software.
· Hybrid Payment Plan is based on the characteristic mentioned above of both the CPA payment plan and the Revenue Share payment plan collectively on a referred player. The setup, depending on the criteria, can also be specific to the acquisition of players who participate toward a product vertically (i.e. Slots or Sports), however, this is outlined in the commission deal and seen within the StarVegas Partners Programme software.
4. The Marketing Partner is entitled to receive commission calculated according to the applicable payment plans that are allocated to the Marketing Partner’s tracking links during the term of this agreement or whilst the concerned player is still active on the Operator’s website. For the avoidance of doubt, the Marketing Partner will not be entitled to receive any commission for revenues generated by any players not generated via the Marketing Partner’s tracker URL or already registered on the Operator’s website(s) except as set out in the payment plans the Marketing Partner choose for the Operator’s website(s) that are part of the StarVegas Partners Programme.
Furthermore, any acquisition of players generated via fraud traffic (as defined in section 7.), if so considered in the Programme Partner’s sole discretion, is not taken into account for the purposes of the commission.
5. The Operator reserves the right to change a Marketing Partner’s commission payment plan towards future referrals, and if needed existing user referrals, for any of the following reasons, including but not limited to:
iii. suspicious fraudulent activity
Provided that this change is notified to the Marketing Partner via the provided Marketing Partner contact email.
6. The Marketing Partner understands that when it chooses the revenue share payment plan, the revenue per user is the amount that each referred player´s account is debited with as consideration of the referred player´s participation in the games, minus the amount of bonus money that the respective user has converted into winnings in the course of wagering such amounts in games or tournaments on the Operator’s website(s). The flat fee percentage as ‘Handling fee’ (in particular charge backs, service costs, transaction costs, taxes due on the offering of games, license costs, fees to be paid to third parties’ software and services providers, marketing costs etc.) is deducted from such amount. The remainder is considered as the commission base and is the basis for the calculation of the revenue share.
7. Revenue share payment plans may include an expiration period. Meaning that a period of time will be stipulated in the revenue share payment plan during which the actions of the referred users will be included in the commission. Any actions of the referred user after the stipulated expiration period will not form part of the Revenue Share payment plan. The stipulated expiration period starts from the date of the user’s registration under the Marketing Partner’s referred tracker. To avoid any doubt the expiration period, if set, is mentioned in the commission seen in the StarVegas Partners Programme software.
8. In the event that suspicions are raised as to the use of fraudulent elements in order to raise ones’ commission, the Programme Partner may withhold payment of a said commission, and all future commission until it is satisfied that no fraudulent methods were used. Provided that fraudulent methods have in fact been used, then payment of such commission shall not take place and the Marketing Partner’s agreement shall be terminated immediately.
9. The commission shall be paid to the Marketing Partner by the Programme Partner and shall – if possible – be credited via the chosen payment method of the Marketing Partner within fifteen (15) days from the Commission Calculation Date. If the payment method or the Marketing Partner company information (including, but not limited to, Company legal name, VAT number, address) is changed by the Marketing Partner within a period of 24 hours before the Commission Calculation Date, the payment will be delayed and performed on the next Commission Calculation Date., Programme Partner shall not be held liable for any delay due to technical reasons and events which are beyond the Programme Partner’s or the Operator’s reasonable control.
10. The commission can only be paid out, if the credit has reached a minimum amount of fifty euro (EUR 50.00,-). If this requirement is not met, the commission shall be carried over until a total of fifty euro (EUR 50.00,-) has been accumulated.
11. General clarification to the minimum amount and commission: if a Marketing Partner is awarded a hybrid plan or over the duration of the Marketing Partner participation and the Marketing Partner had multiple deals of standalone CPA plans and revenue share plans, the Marketing Partner’s commission total is based on the totals of the CPA aspect of the payment plan and the revenue share aspects of the payment plan collectively.
12. Negative revenues will be balanced to zero and will not be carried over to the next period of commission calculation (no negative revenue carry over), with the exception of bonus money and other deductions.
13. All taxes due in connection with any payments to the Marketing Partner shall remain at all times the Marketing Partner’s sole liability. The Marketing Partner is responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of the Marketing Partner’s income from this agreement and for collecting and paying the income tax and social security contributions in respect of the Marketing Partner’s staff, if the Marketing Partner has any staff. If Value Added Tax (VAT) or any other sales tax, gaming tax or turnover tax is chargeable, the Marketing Partner is responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided and the Marketing Partner acknowledges that the payments that it receives shall be deemed to include all VAT or sales tax or turnover tax.
14. The Marketing Partner shall comply with all applicable laws and any policy notified by the Programme Partner through the Operator’s website or otherwise in relation to money laundering and/or the proceeds of crime.
15. The standard commission is to be paid based on self-billed invoices. Should a Marketing Partner activity statement be required instead and upon such request be accepted by the Programme Partner, payment can only be done upon presentation of the invoice no later than 15 days after the specific Commission Calculation Date. Upon approval by the Programme Partner, the payment will be credited after 15 days and paid according to the payment method stated on the invoice.
16. Bank charges for international money transfers are settled on a shared cost basis. The Programme Partner will pay the fees for the payment order, while the Marketing Partner pays the charges of any intermediary bank (and those of his /her own bank, if any). The intermediary bank fees are deducted from the amount transferred to the Marketing Partner.
10. Intellectual Property (IP)
1. Intellectual Property Rights means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof, including the words “STARVEGAS” (in any capitalization, font or format) and/or any logo, mark, domain name or trade name that contains, is confusingly similar to or is comprised of the Operator’s marks (or parts thereof) or any other name or mark owned from time to time by the Operator or any third party.
2. The Marketing Partner acknowledges and agrees that all Intellectual Property Rights are exclusively vested, and shall remain vested, in the Programme Partner and its Operator. The Marketing Partner further understands and agrees that it is prohibited from sub-leasing, reselling, licensing and/or distributing any intellectual property or rights thereon, to any third parties without the prior written consent of the Programme Partner.
1. The term of this agreement will begin with the Marketing Partner’s first registration and continue until terminated in accordance with the terms of this agreement. Termination is at will, for any reason, by either party. For the purpose of notification of termination, delivery via email is considered a written and immediate form of notification.
2. Termination by the Marketing Partner:
The Marketing Partner may terminate the agreement without cause immediately upon written notice to Programme Partner which notice shall be duly provided, if the Marketing Partner sends an email with the subject line “Termination StarVegas Partners Programme” to the stipulated email address of the Programme Partner in section 1. Termination of the agreement will end the Marketing Partner’s participation in the StarVegas Partners Programme as a whole. Immediately upon termination:
i. The Marketing Partner must remove the Operator’s marketing material from his websites and disable any links from the Marketing Partner’s websites or other online activity to the Operator’s website(s).
ii. All rights and licences given/allowed to the Marketing Partner in virtue of these T&C shall immediately terminate.
iii. The Marketing Partner will return to Programme Partner or destroy upon the latter’s instructions any confidential information and all copies of it in the Marketing Partner’s possession, custody and control and will cease any and all use of any trade names, trademarks, service marks, logos and other designations.
iv. Programme Partner may leave open, redirect or deactivate any tracker in Programme Partner’s sole discretion without any obligation to pay the Marketing Partner for players who subsequently become real money players.
v. The Marketing Partner and Programme Partner will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, with the exception of any obligations of confidentiality, including these mentioned in section 11.2.iii and section 12 of these T&C. Termination will not relieve the Marketing Partner from any liability arising from any breach of this agreement, which occurred prior to termination.
vi. The Marketing Partner will not be entitled to any commission from the date of issued termination.
3. Termination by the Programme Partner:
a. The Programme Partner reserves the right to terminate this agreement at any time without cause and for any reason, including, but not limited to cases where the Marketing Partner:
i. Performs fraudulent conduct pursuant to the terms set out in section 7.
ii. Breaches the obligations of Clause 6 and 10 or any other rules of these terms and conditions.
b. Termination will be communicated through the delivery of an email to the email account provided by the Marketing Partner in the Marketing Partner’s account, during his registration with the StarVegas Partners Software.
c. In case of termination, the commission shall be calculated until the date of termination unless there has been a violation of section 7. The Marketing Partner will be entitled only to those unpaid referral fees if any earned by the Marketing Partner on or prior to the date of termination and do not coincide with any violations.
12. Policies and Confidentiality
1. Programme Partner hereby grants the Marketing Partner a non-exclusive, revocable, non-transferable license, during the term of this agreement, to use any IP with regards to the approved marketing materials for the display on the Marketing Partner’s website and for the sole purpose of the agreement. This license cannot be sub-licensed, assigned, sold or otherwise transferred by the Marketing Partner without the Programme Partner’s prior written approval. Programme Partner has the right to terminate this license at any time by providing written or electronic notification to the Marketing Partner. The Marketing Partner guarantees to maintain the email-address stored in the registration with the StarVegas Partner’s Software and inform Programme Partner in any event, should this email-address change. A notification sent to the stipulated Programme Partner email address (as seen in section 1) is accepted as sufficient for any communication regarding this contract.
2. The Marketing Partner shall not contest the ownership of the IP, and shall not take any action that may invalidate or weaken the validity of the IP or diminish the IP associated goodwill.
3. The Marketing Partner shall cease to use all IP upon being notified to do so by the Programme Partner (either by electronic or written notification) or any other termination of this agreement.
4. The Operator of the Operator’s website(s) (which is not the same as the Operator of the StarVegas Partners Software) assumes ownership of the player at point of the first contact with the visitor. The Marketing Partner acts as a provider of promotional services for the Programme Partner and its Operators and their website(s). The Operator of the Operator’s website(s) reserves the right to refuse players (or to close their accounts). In the event that any player’s account/s are suspended or closed by the Operator of the Operator’s website(s) and subsequently reactivated at a later stage, such player/s will be reassigned/retagged to the Marketing Partner and the Marketing Partner will be entitled to earn referral fees in respect of such player in accordance with the then prevailing commission model.
5. By opening an account with a player, that person or entity will become the Operator’s customer and, accordingly, all client rules, policies, and operating procedures will apply to them.
6. The Marketing Partner may receive confidential information from the Programme Partner, including confidential information as to the Operator’s marketing plans, marketing concepts, structure, payments and other information relating the Operator’s business operations. This information is confidential to the Operator and constitutes part of the Operator’s proprietary trade secrets. The Marketing Partner shall not disclose this information to third parties or use such information other than for the purposes of this agreement without the Programme Partner’s prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).
7. The Marketing Partner agrees to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless the Marketing Partner has the Programme Partner’s prior written consent and that the Marketing Partner will use the confidential information only for purpose of this agreement. The Marketing Partner’s obligations with respect to confidential information shall survive the termination of this agreement.
1. Notices. All notices pertaining to this agreement will be given by email as follows: to the Marketing Partner at the email address provided by the Marketing Partner on the Marketing Partner sign-up form (or as subsequently updated by the Marketing Partner to the Programme Partner in the event of change), and to the Programme Partner at the stipulated email address seen in section 1 of these T&C.
2. Relationship of parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between the Marketing Partner and the Programme Partner and its Operator to which the Programme Partner provides a service under this agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this agreement.
3. Non-Exclusive. The Marketing Partner understands and accepts that the Programme Partner may at any time (directly or indirectly), enter into marketing terms with other Marketing Partner/s on the same or different terms as those provided to the Marketing Partner in this agreement and that such Marketing Partners may be similar, and even in competition with the Marketing Partner.
4. Press. The Marketing Partner may not issue any press release or other communication to the public with respect to this agreement, the Operator’s marks or the Marketing Partner’s participation in this StarVegas Partners Programme without the Programme Partner’s prior written consent, except as required by law or by any legal or regulatory authority.
5. Assignment. Except where the Marketing Partner has received the Programme Partner’s prior written consent, the Marketing Partner may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this agreement or any rights under this agreement, or sub-contract any or all of the Marketing Partner’s obligations under this agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.
6. Governing Law. This agreement (including any variation or modification thereto) shall be deemed executed in Malta and shall be governed by and construed in accordance with the laws of Malta without giving effect to conflicts of law principles. The Marketing Partner irrevocably agrees that, subject as provided below, the courts of Malta shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this agreement or its enforceability and the Marketing Partner waives any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum. Nothing in this clause shall limit the right of the Programme Partner to take proceedings against the Marketing Partner in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
7. Severability. Whenever possible, each provision of this agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these T&C 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 or any other provision hereof.
8. Entire Agreement. This agreement and the Marketing Partner sign up form embody the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to this agreement provided by the Programme Partner to the Marketing Partner in accordance with section 3 above. Each of the parties acknowledges and agrees that in entering into this agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in the agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this clause, it might otherwise have had in relation to any of the foregoing. Nothing in this section shall limit or exclude any liability for fraud.
9. No Waiver by the Programme Partner. If there is a breach of any provision of this agreement, it shall not be considered as a waiver of any subsequent breach of the same or any other provision.
10. The Marketing Partner shall defend, indemnify and hold StarVegas Programme Marketing Partner and the Programme Partner’s officers, directors, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from the Marketing Partner’s breach of this agreement.
11. The Programme Partner’s obligations under this agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Operator’s website(s) or services other than as provided under this agreement. Other than as expressly provided in these T&C, in no event will the Programme Partner be liable for any direct, indirect, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether the Programme Partner has been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Programme Partner’s liability arising under this agreement, whether in contract, or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to the Marketing Partner in relation to the Operator’s website(s) that the dispute relates to over the previous 12 months at the time that the event giving rise to the liability arises. However, nothing in this agreement will operate to exclude or limit either party’s liability for death or personal injury arising as a result of that party’s negligence or for fraud.
These are all the stipulated clauses of the terms and conditions for the StarVegas Partners Programme. Should there be any queries please contact us on the stipulated email of the Programme Partner listed in section 1 of these T&C.