The below is an agreement between Marvik North Ltd incorporated in Malta, registration number C99935 with its registered address: Marvik North Limited, 15, Level 1, Suite 4, Naxxar Road, Birkirkara BKR 9049, MALTA, and you, the affiliate.
The terms and conditions have been amended on 30 November 2021.
1.1 “Affiliate” means the person (natural or legal) specified as the applicant on the registration form for our affiliate program
1.2 -“Affiliate Account” – means the account created based on the approved affiliate applications
1.4 Affiliate Application – means the application made by the Affiliate to participate in the Affiliate Program.
1.5 Affiliate links – means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other third party traffic source to HoS website.
1.7 Affiliate Website / Source – means website or any other means of directing potential New Customers to HoS website
1.9 Applicable data privacy laws. – means all applicable privacy and data protection regulations and laws, including but not limited to GDPR – https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02016R0679-20160504&qid=1532348683434
1.10 House of Spades (HoS) or company – means Marvik North Ltd
1.11 Company websites – means houseofspades.com
1.12 Commission – means the percentage of net revenue set in the commission’s structures or another form of compensation paid for delivering new players to the site i.e CPA (Cost per Acquisition), Revenue share, and/or any other commissions structure.
1.13 Commissions Structures – means the commission’s structures specifically agreed together with HoS and the Affiliate
1.14 Confidential Information – means any commercial or information of other value relating to HoS or the company, including but not limited to, financial reports, trade secrets, business information/secrets, products strategies, marketing plans, technology or any other information the affiliate has gained from HoS or the related affiliate program. Your obligations in regards to this clause survive the termination of the Affiliate Agreement. You must not issue any press release or any similar communication to the public with respect to the affiliate program or HoS without prior, written approval of HoS.
1.15 Intellectual Property Rights – means any copyrights, trademarks, service marks, domain names, brands, business names, utility brands, and registrations of the aforesaid and/or any other similar rights of this nature
1.16 Net Revenue – means Gross Revenue (Bets – Wins) minus admin fee, transaction fees, game provider fees, chargebacks, bonuses, and any other applicable deductions. INSERT NET REV FORMULA HERE
1.17 New Customers – means a new first-time customer of HoS who has made at least a single minimum deposit on HoS or other related website in accordance with the applicable terms and conditions of HoS Website but excluding the affiliate, its relatives, employees and/or friends
1.18 Parties – means House of Spades and the affiliate.
1.19 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 Affiliates.
1.20 Sub-Affiliate – means an affiliate introduced to the affiliate program through a link specifically intended for introduction of new affiliates to the HoS affiliate program
1.21 New Customer – means a person who signs up to the company website and does not previously have a registered account at respective brand, HoS or other.
2. Affiliate Obligations
2.1 Registering as an Affiliate – It is the affiliate’s sole responsibility to ensure that any and all information provided in the but is not limited to affiliate application are correct and are kept up to date at all times. HoS will have sole discretion in approving affiliate accounts.
2.11 KYC etc. Verification checks – HoS reserves the right to carry out KYC (Know your customer) checks of affiliates. Once KYC process has started, no commissions are paid out before completion of the KYC. This documentation may include but is not limited to corporate and/or individual identity documents, proof of address, and/or bank statements.
2.2 Affiliate program log in details – It is the affiliates’ sole responsibility to ensure that affiliate program details are kept safe and confidential. Any unauthorized use of affiliates’ log-in details is the affiliates’ sole responsibility and HoS bears no responsibility for any possible financial or other damage that may incur from unauthorized parties using affiliates’ log-in details. Should affiliates become aware that their log-in details might be compromised they are required to inform HoS immediately.
2.3 Affiliates efforts – By participating in the affiliate program the affiliate agrees, to the best of their ability, to advertise HoS effectively and actively. Affiliate shall do everything to not damage the reputation of HoS, including but not limited to, not publishing negative reviews of HoS, publishing anything related to HoS on website(s) which have content listed in section x.xx
2.4 Good faith / Cannot be your own affiliate – The affiliate shall not generate traffic to HoS by registering as a New Customer, whether directly or indirectly through friends and/or family or other third parties which may be deemed as fraudulent by HoS. If HoS has any reasonable suspicion to believe that the New Customer brought in by the affiliate are associated with but not limited to money laundering, fraud, bonus abuse, or any other type of fraud HoS can without warning close the affiliate account and confiscate any possible commissions from the affiliate and move the players under HoS.
2.5 Affiliate Website – The affiliate is solely responsible for the operation, development, and maintenance of the affiliate website(s) or any other source of traffic. Affiliate will ensure that the website is compliant with the terms of conditions of HoS affiliate program and any and all applicable legislation and/or regulations.
2.6 Unsuitable sources – The Affiliate shall ensure that they will not promote HoS or place any tracking links on website(s) or forms of traffic with unsuitable or illegal content, including but not limited to content aimed at children, illegal streaming, pornographic, violent, obscene, derogatory, discriminative (whether sex, religion, race, nationality, disability, sexual orientation or age) or pornographic content or any other content which could be deemed as illegal in the target country.
2.8 Use of HoS intellectual property rights – Affiliate ensures that any use of HoS intellectual property rights is done in accordance with any brand guidelines (provided by HoS).
2.9 Approved creatives – the Affiliate can only use HoS approved creatives and shall not modify them in any way, unless approved by HoS in writing.
2.10 Loyalty programs – Affiliate shall not offer any type of cashback/rakeback other than the programs offered by HoS on their website.
2.11 Illegal activity – Affiliate shall not target any territory/jurisdiction where gambling is illegal and shall follow all regulations set by HoS and the regulatory body of territory/jurisdiction where marketing takes place. Affiliate must act legally and with all relevant laws/regulations at all times and will not perform any act which may be deemed as illegal in relation to the affiliate program and applicable laws and regulations.
2.12 Compliance with laws – Affiliate has the obligation to comply with all relevant laws and regulations as well as guidelines set by the Company.
2.13 Notification of breach – Affiliate shall notify within 5 working days of becoming aware of any breach of the agreement
3. Affiliates rights & obligations
3.1 Right to use HoS IPRs – Upon acceptance into the affiliate program, HoS grants the affiliate a non-exclusive, non-transferable right to use HoS IPRs provided through the affiliate program for the duration of the affiliate agreement.
3.2 Pay-Per-Click (PPC)
1. Affiliate must not bid on brand names, trademarks, or misspellings of thereof
2. Affiliate must add brand keywords, trademarks, and misspellings of thereof to negative keywords.
3. Affiliate must have written consent from the company before doing PPC
3.3 Affiliate is solely responsible for their actions and the company bears no responsibility for the actions of the affiliate.
3.4 Affiliate can only do Social media/streaming/mailers/SMS which promotes HoS with the written consent of HoS
3.5 The Affiliate shall not
1. Be his/hers own affiliate
2. shall not advertise to people under the age of 18 or higher where applicable
3. Advertise through pop-ups or pop-unders on any website without written consent from the company
4. Direct any incentivized traffic to company websites.
5. Use any content/creatives which are outdated
6. perform any actions which may be perceived as cookie stuffing/dropping, including but not limited to pop-ups/unders
7. Copy the website of any other affiliate
3.6 The Affiliate must disclose all sources of traffic used to bring New Customers to HoS
4. HoS obligations & Rights
4.1 HoS shall do its best to provide affiliates with all creatives and links required (made available on affiliate program)
4.2 Privacy information about processing of personal data of Affiliates:
As an independent data controller, We shall use and process the following personal data of an Affiliate or any Affiliate employee in accordance with applicable privacy law, as follows: your username for the purpose of logging in, your email address, full name, date of birth, your country and address, telephone number, information about revenue and target achiever, financial and other data necessary for legally required verifications and checks. Furthermore, as a general rule, we do not share Personal Data of Marvik North Ltd or Affiliate customers for the purpose of this cooperation except for limited circumstances where a legal obligation is imposed on us, however, you may be required to share some information with us (for example customer e-mail address) in exceptional situations where you have reasonable suspicion that New Customer referred by you under the Affiliate Agreement is in any way associated to money laundering, fraud, or other abuse of remote gaming sites. All these data will be used in the first place in order to conduct cooperation with you and for the performance of the Affiliate Agreement (to register your account, to report and follow your revenue and KPI, to make necessary payments to you) but also in order to fulfill our legal obligations coming from relevant laws such as AML and Gaming laws. Finally, we have to process your data based on our legitimate interest to prevent violation and abuse of these Terms and Conditions, to ensure security, to manage our business relationship, and in the defense of legal or other claims. Please note that all these data are necessary so we can establish and conduct cooperation with you, and therefore if you refuse to provide the data we will not be able to cooperate with you. We have to keep your personal data for the duration of our cooperation and after the end of the cooperation as required per relevant laws and in order to establish, defend and/or exercise legal claims.
Please note that your data will only be shared among our group of companies (including without limitation in order to grant and/or enforce the license to the Licensed IP and to process payments) and third parties (recipients) that help us maintain the relationship with you based on data processing agreements. The list of recipients with who we share your personal data includes providers of database and technical systems to manage the relationship with affiliates, consultants, and other technical providers. Please note that we process your personal data within the EEA and that if engage third-party vendors or independent contractors outside the EEA we will only do that by applying appropriate safeguards as required by the GDPR, such as Standard Contractual Clauses.
With respect to your personal data you have rights as mandated by the GDPR: right to get a copy of your data; right to correct data; right to delete data; right to object (for example, right to unsubscribe from marketing communications); right to ask for restriction of processing; right to transfer data; and right not to be subject to automated decision making including profiling without meaningful human intervention in accordance with requirements defined in the GDPR.
4.3 House of Spades has to right to
1. to suspend an affiliate account while investigating a breach of the Terms and Conditions.
2. To terminate an affiliate account if the affiliate breaks the Terms and Conditions.
3. Withhold commission payments while investigating a breach of the Terms and Conditions
5. Commissions and Payments
5.1 HoS reserves the Right to change the commission plan – Any possible changes made to the commission plan(s) will not be retroactive.
5.2 No-negative carryover – HoS operates with a “no negative carryover” policy with the exception of the High Roller Policy as defined in 5.5
5.3 Minimum payment – Commission will only be paid out once the affiliate has accumulated a total of minimum €300 on their affiliate account
5.4 Currencies & payment methods available
1. Currencies available – EUR, PLN, HUF, NOK, CZK, CAD, RUB, BRL, CLP, PEN, Crypto
2. Payment methods available:
- Bank transfer
- Credit cards: Visa, Mastercard, American Express, Diners Club International (BR), Elo (BR), Hiper (BR)
- Crypto: Bitcoin, Litecoin, Ethereum, Ripple
- E-wallet: Neteller, Skrill, Skrill 1-tap, Pay4Fun (BR)
- Wallet: Muchbetter, Astropay, Ezee Wallet, Volt, Mifinity
- Vouchers: PaySafeCard, CashtoCode, Lotericas (BR)
- Mobile: Siru Mobile (FI)
- Bank transfer
- Credit cards: Visa, Mastercard, American Express,
- Crypto: Bitcoin, Litecoin, Ethereum, Ripple,
- E-wallet: Neteller, Skrill, Skrill 1-tap, Pay4Fun (BR)
- Wallet: Muchbetter, Astropay, Ezee Wallet, Mifinity
5.5 High roller policy – if any player from any affiliate in any given calendar month generates negative commissionable commission of € 30,000 the players shall be deemed as “High Roller” and the company has the right to carryover said negative commissions and to offset any negative commissions incurred by the player against any possible future commission of the affiliate until the negative balance has been cleared.
5.6 Incorrectly paid commissions
1.The company has the right to claim back any and all incorrectly (overpayment) paid commissions.
2. The affiliate must inform the company within 15 days if the Company has paid commission incorrectly (under payment).
5.7 No commission will be paid out with invoice – only If you require an invoice
5.8 The affiliate is solely responsible to pay any and all taxes, fees, charges and any other money payable both locally and abroad to any tax authority, department or other competent entity. HoS shall under no circumstance be held responsible any unpaid amounts.
6. Force Majeur
– Should there be a Force Majeur event the company is relieved from the obligations set out in the Terms and Conditions for the duration of the Force Majeur event. The company will inform the affiliate without delay if it becomes aware of a Force Majeur.
7. Termination of agreement
7.1 Either party can terminate this agreement with 30 days notice.
8. English language.
Where the affiliate agreement is translated to any other language than English, please bear in mind that the Terms and Conditions were first drafted in English and in case of any dispute the English language version shall prevail.
9. Governing Law.
The validity, construction and performance of the Affiliate Agreement and any claim, dispute or matter arising under or in connection to the Affiliate Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta. Each Party irrevocably submits to the Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with the Affiliate Agreement and/or its enforceability.
10. Modification of terms and conditions.
The company reserves the right to modify or replace the terms and conditions of the affiliate agreement at any time.