Terms & ConditionsBy applying to join the affiliate program of ("Affiliate Program") Emix Partners and by agreeing with "Terms and Conditions", you ("The Partner") accept all the conditions described in the agreement
- “Affiliate Account” means the Technical Platform account set up by the Company based on the information provided by the Partner in the application form.
- “Affiliate Account Manager” means any employee of the Company authorised to manage the business relationship between the Company and the Partner.
- “Bonuses” means any so-called “free money”, “free bonus”, “free bets”, “free spins”, “money back”, “bonus money”, “bonus spins”, vouchers, rebates, discounts and/or similar that both the New and the Existing Customer can utilise as payment for stakes (bets).
- “Brand” means Maharajafortune.com & Joaibet.com which currently operates by EMIX Gaming Group N.V
- “Commission” means the compensation due to the Partner based on the agreed percentage of Net Revenue (“Revenue Share”), Cost Per Acquisition, or other Reward Plan.
- “Company” means EMIX Gaming Group N.V
- “Confidential Information” means any information of a commercial value, considered essential for both Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Customer lists, prospect and New Customer data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
- “Content” means material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including Sub-Affiliate links), banners and other general advertising material.
- “CPA“ means the CPA reward you shall be entitled to a one-off commission based on a number of new depositing players directed to our brand(s) who have successfully met minimum deposit, wagering and/or other requirements as per prior agreement. These amounts are at the discretion of EMIX Gaming Group N.V and we reserve the right to change these amounts with prior written notice at any time. CPA Payments follow the terms on the Affiliate Programme Site.
- “Database” means any information stored about Partners and New Customers, containing any Company proprietary New Customer data for the purposes of this Agreement, including without limitation to Personal Data and contact information, and excluding all other Company databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement. Databases are assets of a financial value belonging to the Company and represent a substantial investment made by the Company.
- “Goodwill” means the benefit of a business having a good reputation under its name and regular patronage.
- “Gross Revenue” means the value of the revenues generated by all customers referred by the Partner across all products, after the deductions of costs including but not limited to taxes, betting duties, third party commissions/fees for providing games and game software etc. Revenues generated would be equal to all (settled) bets less wins and in poker, if and where applicable, would be equal to the rake contributed through each qualified pot in cash ring games and/or the fees charged to customers to compete in poker tournaments. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
- “Hybrid Payment” means the hybrid payments that you shall be entitled to according to the below reward: a “CPA Payment” payable in accordance with the terms on Affiliate Programme Site and a “Revenue Share” percentage of Net Casino & Sports Winnings for as long as each Customer has an account with the Brand.
- ”High Roller Customer” / “HRC” means a customer which has obtained a cumulative win of €10,000 (ten thousand Euro) (or the equivalent in other currency) in any given calendar month on any of the Emix Partners Brand(s).
- “Intellectual Property Rights” or “IPR” means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future.
- “Net Revenue” means the monthly Gross Revenue after the deduction of costs including but not limited to financial transaction fees, bonuses, loyalty rewards, administration fees and charge backs.
- “New Customer” means any person that registers with the Brand after clicking on the Content, excluding any person that already exists in the Company’s Brand customer Database or that has previously closed a customer account and opened a new one through the Partner. A customer will be linked to the last Partner who referred the customer to the Company based on the affiliate tracking cookie.
- “New Depositing Customer” means a New Customer who has made a first minimum deposit with the Company which is used for bona fide transactions with the aim to establish and enter into a normal commercial relationship with the Company within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
- “Parties” means the Company and the Partner (each a “Party”).
- “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Partners.
- “Products” means the betting and gaming products offered by the Company. This includes but is not limited to online sports betting and casino
- “Reward Plan” means any financial model agreed between the Parties to compensate the Partner for its marketing activities.
- “Revenue Share” means the applicable percentages of Net Casino & Sports Winnings for as long as a
Customer has an account with the Brand, subject to these terms.
Net Revenue Reward €0 - €5,000 25% €5,001 - €10,000 30% €10,001 - €20,000 35% €20,001 - €40,000 40% €40,001 45%
- “Sub-Affiliate” means any natural and legal person who, after having entered collaboration with the Partner, makes space on its website or other media platform available to post Content for the acquisition of New Customers.
- “Term” means the period from the date the Partner accepts the terms of this Agreement until termination of this Agreement as specified under article 13.
- “Working Day” means every day from Monday to Friday inclusive, excluding public holidays and weekends in Curacao.
- THE GOAL OF THE PARTNERSHIP
- The goal of the agreement is the promotion of the Brand by the Partner.
- The amount of the commission paid to the Partner is specified in the agreement.
- The Partner has one or several electronic resources in his disposition.
- THE PROCESS OF THE CONCLUSION OF THE AGREEMENT
- The Partner reads the terms and conditions and applies for the affiliate program.
- The Affiliate Program assesses the application and after notifies the applicant about its decision.
- The answer of the affiliate program is done in the written form of an e-mail letter sent to the e-mail address of the potential partner.
- The Affiliate Program reserves the right to reject the application without any explanations.
- Only one account can be registered by the Partner and his IP-address, unless otherwise agreed in writing by the Affiliate Program.
- Registering more than one account by one Partner is considered as a fraudulent activity and entails an end to the cooperation.
- Only persons over 18 years can apply for the affiliate program.
- Persons who enter into agreements with the company, must be competent and authorised representatives of the partner organisations.
- Partners need to examine and accept the conditions of the agreement.
- RESPONSIBILITIES OF THE COMPANY
- To provide the partners with all the information and marketing data needed for advertising.
- To control the trafficking, keep a record of the net profit, as well as of the total amount of commissions for which data should be made available to the counterparty
- To pay the amount of commissions to the Partner, based on the traffic and size of all revenues from gamblers attracted by them.
- DIRECT RESPONSIBILITIES OF THE PARTNER
- To make all the effort and use all the possibilities for advertising, marketing and promotion of the company.
- To direct the potential users to Emix Partners to attract new customers.
- The member of the company is responsible for marketing activities, including the content and appearance.
- The companion is obliged to follow the law and respect the legality of actions.
- The conducting of the marketing activities is done by using the link(s) provided by the company.
- Using of any data, not provided by the company, for marketing, should be carried out after receiving a written permission from the company.
- The partner has to provide us with the reliable information about the personality of the partner, including contact details, payment history, address etc.
- To compensate damages and costs that were the result of violations of the rules and conditions committed by the Partner.
- PROHIBITED ACTIONS OF THE PARTNER
- To carry out illegal actions in the development of Web sites
- To attract people under 18 years old to the sites.
- To sign up as a player or make deposits directly or indirectly to any account by using own tracking links for personal use and/or use of his relatives, friends, employees or third parties, or in any other way attempt to artificially increase the commission payments or defraud the Company.
- The use of any kind of fraud in Emix Partners to increase your own profit (the game under your affiliate link; the use of dedicated advertising resources to the detriment of Emix Partners).
- The violation of this agreement will be considered a fraud.
- To send spam or post fake meta tags in the portal.
- To use the promotional material without the consent of the management.
- To offer refunds and promotions.
- Partners are strictly not allowed to open personal accounts in the Casino. If such a fact is detected, the administration will immediately block personal accounts of the Partner and of the gamblers he brought to the program and the money from all those accounts will be written off in favor of the Casino. Family members of the Partner and people who are close to him are also under the effect of this rule.
- The amount of attracted clients affects the Partner's earnings. Customers who have registered on the portal by clicking the link and became players of one of the project participants are new clients for the company.
- The amount of total income affects the size of earnings, which is net income without refunds or winnings, promotions or special offers.
- Payments shall be made on a monthly basis in arrears provided that the amount due exceeds €200 (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total commission collectively exceeds the minimum threshold. We will account to you for the commission on a per-calendar month basis and pay you the commission due in respect of any calendar month no later than thirty-one (31) days after the end of the calendar month in which the Commission arose. For example, the Commission due to you in relation to the calendar month of September 2022 will be paid to you no later than 31st October 2022.
- Where Commission earned by a Partner in relation to a HRC results in a negative amount in any calendar month, the Company reserves the right at its sole discretion to carry forward, in full, any such negative amounts and set off the amounts which have been carried forward against any future Commission payable to the Partner in relation to the same HRC until the negative balance has been fully set off against future Commission.
- All Partner Payments will be paid in Euros, are deemed exclusive of any VAT or other tax
payable. The Partner is responsible for providing the correct payment details. If a bank
transfer has been chosen as the preferred payment method, the Partner will need to send an
invoice prior to a payment using the below details:
EMIX Gaming Group N.V
Zuikertuinjeweg Z/N, (Zuikertuin Tower) Willemstad, Curaçao
Registration Number: 157341
Email to: [email protected]
Please add your EmixPartners affiliate username/s on the invoice.
- The partner can choose the payment method and currency himself, during authorization.
- If the Partner finds errors in the calculation, he has the right to request a recalculation. In the case of wrong calculation, the funds will be deposited together with the commission funds in the following month.
- If the Partner has questions about the amount of payments, he can contact us by sending an email to [email protected] specifying the cause of the problem. The email/letter should be sent after the accrual of commission funds, no later than 30 calendar days.
- If the Company has to verify the conformity of all the operations, the Company has a legitimate right to delay payments up to 180 days.
- Money that were received by using the fraudulent actions must be returned to the company.
- Charge-back: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card, which was not authorized by him/her. The credit card holder then requests his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder’s card or card
- Should your referred player process a charge back, the disputed or charged-back revenue generated by your referred player will be forfeited and will not be included for purposes of computing the commission due to you for the current month.
- In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts that are identified as bonus abuse, suspended, closed for fraud, self-exclusion or for any other reasonable reason.
- The Partner is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices.
- If for any reason the Partner has been overpaid, the Company reserves the right to request that the Partner refunds the difference, or deduct the corresponding amount of overpayment to the Partner from the following month’s Commission, and each month thereafter, until the debt is repaid in full.
- If for any reason the Partner has been underpaid, the Company reserves the right to add the corresponding amount of underpayment to the Partner’s Commission in the following calendar month.
- If there is a pending payment due to a Partner for a period of two (2) years or more as a result of incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Partner has not responded to all reasonable contact attempts made by the Company, the payment will be cancelled.
- The Partner must comply with the legal and regulatory requirements in its country of domicile; if it does not, it will not be entitled to receive any Commission based on the activities of its customers.
- REASONS FOR TERMINATION OF THE PARTNERSHIP
- This Agreement shall commence on the Commencement Date and, shall continue until either party serves 25 Business Days’ written notice of an intention to terminate.
- The notification of termination of cooperation is sent on e-mail and/or by post to the registered address of the Partner’s account in the affiliate program.
- The Partner is made the subject of a bankruptcy petition or order;
- The Partner ceases or threatens to cease carrying on its business;
- The Partner, in EMIX Gaming Group N.V opinion, is in breach of the terms of any applicable advertising code of practice including but not limited to the CAP code and any voluntary codes EMIX Gaming Group N.V has agreed to abide by.
- The Brand ceases to accept Customers from or to advertise in any jurisdiction which is targeted by the Partner.
- Upon termination of the contract with Emix Partners, the Partner binds himself to remove all the related contacts and links.
- The agreements shall be cancelled upon termination automatically.
- If the contract is terminated by the company's decision and / or due to violations of the agreement by the Partner, the Affiliate Program has the right to hold funds.
- The Emix Partners Affiliate Program has the right to reject a Partner’s application to join the Program without explanations.
- The Affiliate program does not guarantee the continuous work of the portal, its availability at any time or in any place, because the Partner uses his own resources to access the Internet.
- The affiliate program is not liable for damages resulting from interruptions, failures or delays in the site's work.
- The affiliate program does not guarantee the absence of errors or inaccuracies in the work and is not responsible for any possible damages.
- Partners have the right to protect the interests of the company by their own savings at their own discretion.
- LEGITIMACY OF FUNCTIONING
- The agreement is regulated by EMIX Gaming Group N.V by the Curaçao Licensing N.V. and the company incorporated under the laws of Curaçao.
- Any claims are considered in the main office of the company under the local jurisdiction
- It is forbidden to pass an agreement in the hands of the authorities, without prior informing the company and receiving written permission.
- In the event of unforeseen circumstances, which we have in mind, but this list is not complete: the disaster, electrical and utility failures, large-scale accidents, meetings, floods, hurricanes and other emergencies, a member may be relieved of their regular assignments in case emergency suspended work of the Partner Program.
- SEVERABILITY OF THE AGREEMENT
- All terms and conditions of this Agreement shall be construed under the applicable law to be effective and valid. If any provision of this Agreement is deemed invalid, illegal or unenforceable in any respect, such provision will be deemed invalid only in the framework of its insolvency, without invalidating the remaining provisions of this Agreement
- The information provided by partners, including customer lists, finances and other information is confidential, must not subject for personal use, commercial use or distribution both in writing and orally, for the duration of the agreement, and after its completion.
- This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall in all events prevail.
- GOVERNING LAW
- This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Curacao
- Each party irrevocably agrees that the courts of Curacao shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
- DATA PROTECTION
- The Partner will duly observe all its obligations under the EU General Data Protection Regulation (GDPR) and any amendments? 1998 and any amendments thereto which arise in connection with this Agreement.
- The Partner shall ensure that it has adequate technical (and organisational) security procedures in place to prevent the unauthorised or unlawful disclosure of personal data.
IN WITNESS WHEREOF, THE PARTNER COMPANY expressly agrees to the terms and conditions of this Agreement by activating the account at Emix Partners.
Version 1 – 1st of March 2023
These Terms and Conditions might be or become available in a number of languages for information purposes and ease of access. From a legal perspective, the English language version of these Terms and Conditions will prevail over any other language version made available. Any changes to the Terms and Conditions will be communicated to all active affiliates by email.