These terms and conditions set out the agreement between our company, NetPlayTV Malta Limited, Company Reg. number: C44004, whose registered office address is at Office 6, Suite A, Dolphin Court A Embassy Way, Ta'xbiex, XBX1071 Malta, and/or NetPlayTV TV Services Ltd, 76 Church Street, Lancaster, LA1 3ET, England (“Netplay”, “the Company”, “We” or “Us”) and the person set out on the registration page (“the Affiliate/s”, “Member/s”, “the Affiliate/s Member/s” or “you”).
Please read the following terms and conditions carefully in order to become a NetPlayTV Affiliates’ Member. By accepting these terms and conditions you agree to comply and be bound by the rules laid out therein. Please note that your application to become a NetPlayTV Affiliate Member is subject to our approval. If you do not agree, or are not authorized to accept this agreement, you must not continue with the application process. Should you have any questions regarding these terms and conditions or regarding any other issue related to the Affiliate programme, please contact us at the following e-mail address: affiliates@netplayaffiliates.com.
1.1 Promotional links
1.1.1 NetPlayTV shall provide the Affiliate with the promotional links, which may be updated by us from time to time.
1.2 Payment
1.2.1 NetPlayTV shall pay the Affiliate according to the conditions established in clause 3.
1.3 Registration of the affiliate´s user
1.3.1 NetPlayTV shall register the Affiliate’s users (i.e. customers sent to our website through Affiliates who make a deposit in accordance to these terms and conditions). We reserve the right to reject users, or to cancel their accounts if necessary, in order to ensure the fulfillment of the terms and conditions set out on our websites. NetPlayTV reserves the right to withhold payment to any Affiliate in relation to any account closed or cancelled under this clause.
2.1 Unique account
2.1.1 Upon acceptance to join our Affiliate programme, you are only allowed to create one unique Member account. No Member is allowed to create more than one account.
2.2 Non-exclusive rights
2.2.1 This agreement does not grant any exclusive rights or privileges to the Affiliate. Members shall not have any right to customers that have not been referred by them.
2.3 Online information and access to our promotions
2.3.1 As an Affiliate Member you will be entitled to online access to your account, which will permit you to obtain: i) links to the promoted sites; ii) several promotion resources (banners, mailers, etc); and iii) information about the users sent to the promoted sites.
2.3.2 During the term of this agreement, you shall prominently display the most up-to-date links supplied to you by Netplay, in a manner and location agreed between you and Us and you shall not alter the form, location or operation of the links without our prior written consent. If the Affiliate fails to display the links of the promoted sites, we may terminate this agreement immediately without notice.
2.3.3 The Affiliate agrees to give NetPlayTV all reasonable assistance in respect of the display, access to, transmission and maintenance of the links.
2.3.4 Affiliates are not permitted to bid on our brand terms or any variations around our brand terms. This includes specific terms such as 'supercasino', 'supercasino.com', ‘liveroulette.com’, ‘liveblackjack.com’ and variations that would involve specific brand terms such as 'play supercasino' or 'supercasino.com bonus'. This restriction is also applicable to any misspelled variants, intentional of accidental, of our brand terms, such as 'supercasion', ‘spercasino’, etc. If at any point you are unsure as to which brand terms you are forbidden to use, you can request a comprehensive list of brand specific keywords from your Account Manager.
2.3.5Affiliates are not, under any circumstances, permitted to use our display URLs for their search activity. All URLs used in all campaigns are registered to the NetPlayTV TV group and therefore are not permitted for the use of any affiliates' search activity. Please find an example of a display URL below:
2.3.6 Affiliates may not use our trademarked brand terms within their ad copy without prior permission from NetPlayTV TV. This includes any headers and/or descriptions within the body of their ad texts as well as any display URL.
2.4 Good faith
2.4.1 The Affiliate will not generate artificial and/or fraudulent traffic. NetPlayTV reserves the right to retain and to not pay any amount that we consider has been generated in an artificial and/or fraudulent way.
2.4.2 In the case of affiliates with CPA agreements, neither you nor your direct relatives are eligible to become customers of our sites and you shall not be entitled to receive any payment or remuneration from us for the referral of such relatives or friends. Direct relatives in this context shall include your spouse, partner, parent, child or sibling.
2.4.3 The Affiliate shall ensure that no link of the promoted sites will be placed on websites aimed at persons under the age of 18 years.
2.4.4 The Affiliate is not entitled to offer any person or entity any consideration or incentive for using, directly or indirectly, the promoted sites.
2.4.5 The Affiliate shall not: i) in any way modify, redirect, suppress or substitute the operation of any button, link, or of any other interactive feature of the promoted sites; ii) engage in transactions of any kind on the promoted sites on behalf of any third party, or authorise, assist or encourage any other person or entity to do so; nor iii) take any action that could reasonably cause any end-user confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring.
2.4.6 In general terms, the Affiliate shall not be allowed to provide its service in a different way to what is established in this agreement without Netplay’s prior and written consent.
2.4.7 In the event that NetPlayTV discovers that the Affiliate is not in compliance with the terms of this agreement, or takes any action which would put NetPlayTV in breach of any advertising codes applicable under ASA regulations, or takes any action that would put NetPlayTV in breach of any regulation laid down by either the Gambling Commission (GB) or the Lotteries and Gaming Authority of Malta, the company will be entitled to take such measures as to render inoperative the links used by you and immediately terminate this agreement without notice to you.
2.5 Confidentiality
2.5.1 For the term of this agreement and 1 year after, the Affiliate may receive confidential information in relation to business, operations or technology. The Members specifically agree not to reveal confidential information to third parties, unless they have previous written authorization from Netplay.
3.1 You shall be entitled to indicate, on your application form to join Netplay’s Affiliate programme, which payment option you prefer. If you would prefer to receive a share of the Revenue (as defined below) then such monies shall be dealt with in accordance with clause 3.2. If you indicate that you would like to receive CPA payment, then such monies shall be dealt with in accordance with clause 3.4. We will also consider entering into hybrid agreements, which will be arranged separately to these standard terms.
3.2 If you have indicated on your application form that you wish to receive a share of the Revenue, then NetPlayTV shall pay you (in accordance with the provisions of clause 3.6) the currently published percentage (as detailed on the commission page of your Netplay’s Affiliate account) of Revenue Share (as defined below) received during the term of this agreement.
3.3 "Revenues Share" shall mean all gross monies received by NetPlayTV from customers through Netplay’s promoted casino websites, less monies paid out to customers as winnings, less costs. These costs cover all of the following:
(i) monies paid in the form of duties or taxes or other statutory deductions or payments to licensing authorities;
(ii) charges levied by electronic payment or credit card organisations;
(iii) bad debts;
(iv) the cost of free chips or bonuses provided to customers as a promotional or marketing activity.
(v ) broadcasting expenses.
| Net Revenue | Net Rev-Share Percentage |
|---|---|
| £0 - £10,000 | 35% |
| £10,001 & above | 40% |
3.4 If you have indicated on your application form that you wish to receive CPA, then NetPlayTV shall pay (in accordance with the provisions of clause 3.6) a CPA payment, in accordance with the agreed CPA commission, inclusive of VAT if applicable, i.e. - you will receive an agreed amount when any of your players make their first deposit. Players must place at least 50% of their deposit through the table before the CPA will be paid.
3.5 Loyalty/Incentive sites will automatically be considered as Revenue Share agreements for the first two months on a trial basis. At the end of this trial period the agreement will be assessed and where the quality of traffic and player behavior is satisfactory then a CPA agreement can be entered into.
3.6 NetPlayTV shall provide you with statements accessible through the website (campaign statistics) detailing the number of customers and your share of net Revenues and/or CPA Payments (as appropriate), if any, which have accrued to you over the course of the calendar month. Such statements shall be updated daily. At the end of a calendar month, NetPlayTV shall record your total share of net Revenues and/or CPA Payments (as appropriate), if any, during the previous calendar month. In the event that a Revenue Share in any calendar month is a negative amount, it will not be carried forward to the next month. If a Revenue Share does not exceed £50, NetPlayTV shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds £50, at which time payment shall be made in accordance with clause 3.6. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than £50 in any given month. Also, if an Affiliate fails to bring new depositing customers to a promoted website site over a period of three consecutive months, the Affiliate will cease to generate Revenue Share by players brought until that time.
3.7 Subject to clause 3.5 above, at the end of a calendar month, you may raise an invoice for the relevant Revenue Share payable by NetPlayTV to you, which shall be paid within 45 days of receipt by Netplay. However, raising an invoice is not a requirement by you as the relevant Revenue Share payable by NetPlayTV to you shall be automatically raised and paid out (in accordance with clause 3.5) within 60 days of the end of the relevant calendar month. Such Revenue Share shall be paid in pounds sterling, inclusive of VAT, if applicable.
3.8 If an error is made in the calculation of your share of the Revenue Share, NetPlayTV reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by NetPlayTV to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time). Net Revenues received in currencies other than pounds sterling shall be converted in accordance with Netplay's standard currency exchange policy. All payments shall be made inclusive of VAT, if applicable.
3.9 You shall be entitled to indicate, on your application form to join Netplay’s Affiliate programme, which payment option you prefer. If you would prefer to receive a share of the Revenue (as defined below) then such monies shall be dealt with in accordance with clause 3.9. If you indicate that you would like to receive CPA payment (as defined below) then such monies shall be dealt with in accordance with clause 3.11. We will also consider entering into hybrid agreements, which will be arranged separately to these standard terms.
3.10 If you have indicated on your application form that you wish to receive a share of the Revenue, then NetPlayTV shall pay you (in accordance with the provisions of clause 3.13) the currently published percentage (as detailed on the commission page of your Netplay’s Affiliate account) of Revenue Share (as defined below) received during the term of this agreement.
3.11 "Revenues Share" means all gross monies received from customers in deposits less payouts.
| Net Revenue | Net Rev-Share Percentage |
|---|---|
| £(€)0 - £(€)5,000* | 25%
|
| £(€)5,000 - £(€)10,000* | 30%
|
| £(€)10,000+* | 40% |
*£/€= according to the site promoted and country.
3.12 If you have indicated on your application form that you wish to receive CPA payment, then NetPlayTV shall pay (in accordance with the provisions of clause 3.13) a CPA payment, in accordance with the agreed CPA commission, inclusive of VAT if applicable, i.e. - you will receive an agreed amount when any of your players make their first deposit. Players must place at least 50% of their deposit through the table before the CPA will be paid.
3.13 NetPlayTV shall provide you with statements accessible through the website (campaign statistics) detailing the number of customers and your share of net Revenues and/or CPA Payments (as appropriate), if any, which have accrued to you over the course of the calendar month. Such statements shall be updated daily. At the end of a calendar month, NetPlayTV shall record your total share of net Revenues and/or CPA Payments (as appropriate), if any, during the previous calendar month. In the event that a Revenue Share in any calendar month is a negative amount, it will not be carried forward to the next month. If a Revenue Share does not exceed £50, Ne tplay shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds £50, at which time payment shall be made in accordance with clause 3.13. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than £50 in any given month. As well, if an Affiliate fails to bring new depositing customers to a promoted website over a period of three consecutive months, the Affiliate will cease to generate Revenue Share by players brought until that time. If you have indicated on your application form that you wish to receive CPA payment, then NetPlayTV shall pay (in accordance with the provisions of clause 3.13) a CPA payment, as detailed on the commission page of your NetPlayTV Affiliate account ("CPA Payments"), inclusive of VAT if applicable.
3.14 Subject to clause 3.12 above, at the end of a calendar month, you may raise an invoice for the relevant Revenue Share payable by NetPlayTV to you, which shall be paid within 45 days of receipt by NetPlayTV of such invoice. However, raising an invoice is not a requirement by you as the relevant Revenue Share payable by NetPlayTV to you shall be automatically raised and paid out (in accordance with clause 3.12) within 60 days of the end of the relevant calendar month. Such Revenue Share shall be paid in pounds sterling, inclusive of VAT if applicable.
3.15 If an error is made in the calculation of your share of the Revenue Share, NetPlayTV reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by NetPlayTV to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time). Net Revenues received in currencies other than pounds sterling shall be converted in accordance with Netplay's standard currency exchange policy. All payments shall be made inclusive of VAT, if applicable.
4.1 NetPlayTV grants you a non-exclusive and worldwide license to display Netplay’s brand features and its related content during the term of this agreement and in accordance with what is established through the agreement. All intellectual property rights and any goodwill arising in the links and in all the promoted sites, associated systems and software relating to the services provided by NetPlayTV to its customers from time to time shall remain the property of Netplay. The only intellectual property rights that the Member obtains are those ones inherent to this agreement.
5.1 The Affiliate hereby represents and warrants to NetPlayTV that: -
(i) the Affiliate has sufficient authority to enter into this agreement;
(ii) the Affiliate’s website used for the services agreed under this agreement does not and will, at all times, not infringe any copyright, trade secret, trademark, or other personal or proprietary right, held by any third party;
(iii) the Affiliate’s website does not, and will not, contain any messages, data, images or programmes which are, by law, defamatory, obscene, profane or pornographic.
5.2 The Affiliate will indemnify NetPlayTV from and against any loss, claim, liability, damage, action or cause of action (including, without limitation, reasonable attorneys’ fees) brought against NetPlayTV by a third party (including without limitation any tribunal, regulatory authority or other competent body having relevant jurisdiction in any jurisdiction) suffered or incurred, directly or indirectly, by NetPlayTV in consequence of any breach by you of this warranty.
6.1 NetPlayTV makes no representation that the operation of the promoted websites will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
7.1 Nothing in this clause shall limit Netplay's liability for death or personal injury resulting from Netplay’s negligence or for fraud.
7.2 NetPlayTV shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for: -
i) loss of revenues, profits, contracts, business or anticipated savings;
ii) any loss of goodwill or reputation;
iii) any indirect or consequential losses;
iv) in any case, whether or not such losses were within the contemplation of the parties at the date of this agreement, or any other matter under this agreement.
7.3 Netplay’s liability shall not, in any event, exceed the sum of the total monies paid by us to you over the 6 month period preceding the date on which such liability was accrued.
8.1 This agreement shall start on the date that we notify you that your application has been successful.
8.2 Either party ("Non-Defaulting Party") may bring the term to an end with immediate effect by written notice to the other party ("Defaulting Party") if:
i) the Defaulting Party commits a breach of its material obligations under this agreement and in the case of a remediable breach, fails to remedy it within 15 days of the date of receipt of notice from the other;
ii) the Defaulting Party becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets, or if any petition shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.
8.3 Either party may terminate this agreement on delivery of four weeks' prior written notice to the other party.
8.4 Each party shall forthwith give notice in writing to the other party of any event.
8.5 Without prejudice to clause 8.4, we reserve the right to terminate this agreement at any time and for any reason immediately by delivery of written notice to you.
8.6 The parties shall have no further obligations or rights under this agreement after the end of the term, without prejudice to any obligations or rights which have accrued to either party at the time when the agreement ends save those other clauses the survival of which is necessary for the interpretation or enforcement of this agreement, shall continue to have effect after the end of the term.
8.7 At the end of the term, you will have to remove all the authoring marketing tools, and all the links of the promoted sites.
8.8 At the end of the term: -
i) all the rights and licenses given to the Member in this agreement, will arrive to an end immediately;
ii) you will have no right to receive further payments.
8.9 NetPlayTV reserves the right to deduct, from the last payment, the possible amounts that any breach of contract has generated.
9.1 This agreement replaces all previous terms and conditions of our Affiliate programme.
9.2 We may change all or any part of this agreement at any time. Notice of any changes will be given by message to your email address 5 days in advance of any such changes. If you do not agree to the changes you should terminate this agreement in accordance with its terms. We will publish details of any changes to the terms and conditions. Your continued participation in our Affiliate programme after we have posted the changes will constitute binding acceptance of such changes.
9.3 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, privilege, power, claim or remedy conferred by or arising under this agreement or by law, be deemed to be or construed as a waiver of that or any other right, privilege, power, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
9.4 You shall not without the prior written consent of NetPlayTV assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-license or deal with this agreement or any rights under this agreement, or sub-contract any or all of its obligations under it, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.
9.5 If any of the provisions of this agreement should be invalid or ineffective or become invalid or ineffective, such invalidity shall not effect or impair the validity of the other provisions of this agreement. The invalid or ineffective provision shall be replaced by a valid provision which incorporates the economic intent and purpose of the invalid or ineffective provision to the extent possible. This provision shall also apply if the agreement contains a gap which requires an appropriate provision shall remain in full force and effect.
10.1 The validity and interpretation of this agreement shall be governed and construed in all respects exclusively by the laws of Malta in the case of Bingo Affiliates, where the Affiliate has been sourced through websites conducted under NetPlayTV (Malta)’s license issued by the Lotteries and Gaming Authority (LGA) of Malta. In the case of Casino Affiliates, where the Affiliate has been sourced through websites conducted under NetPlayTV TV Services Ltd’s license issued by the Gambling Commission of Great Britain, the validity and interpretation of this agreement shall be governed and construed in all respects exclusively by the laws of England.
10.2 The parties shall use their best endeavours to negotiate in good faith and settle amicably and as quick as possible any dispute or difference between the parties or any of them related to this agreement or a breach of it.
10.3 If no settlement can be reached through consultation within sixty (60) natural days after either party has given written notice to the other party of the existence of a dispute under this agreement, the matter may, at the election of any party, be brought before the competent Court of Malta or England depending on the product and gambling license involved, which Court shall have exclusive jurisdiction over any disputes or differences. The parties expressly renounce to any other jurisdiction other than Malta or England.
10.4 If any of the provisions of this agreement should be invalid or ineffective or become invalid or ineffective, such invalidity shall not effect or impair the validity of the other provisions of this agreement. The invalid or ineffective provision shall be replaced by a valid provision which incorporates the economic intent and purpose of the invalid or ineffective provision to the extent possible. This provision shall also apply if the agreement contains a gap which requires an appropriate provision. On approval, the Member accepts the terms and the conditions of this agreement, signing the box in the REGISTER section.
| Amount of Qualified Registrations | Prize/Model of Car | Equivalent Cash Amount |
|---|---|---|
| 500 - 999 | Fiat 500 | £10,000 |
| 1,000 - 1,499 | VW Sirocco | £20,000 |
| 1,500 - 1,999 | BMW 325 Coupe Convertible | £30,000 |
| 2,000 - 2,499 | Porsche Boxter | £40,000 |
| 2,500+ | BMW M3 | £50,000 |