GENERAL TERMS AND CONDITIONS
These Terms and Conditions govern participation in the MiCasino.com Affiliate Program and form an integral part of the agreement between the Affiliate and the Company.
1. DEFINITIONS
In this Agreement, the following terms shall have the meanings assigned to them below:
• Acceptance Email: Email sent by the Company to the Affiliate registered in accordance with Clause 2.3, confirming their acceptance into the Affiliate Program.
• Affiliate: Person (natural or legal) who registers in the Affiliate Program and wishes to promote and market the Company's brand.
• Affiliate Program: Scheme through which the Company and the Affiliate collaborate in the promotion of the MiCasino.com Website.
• Affiliate Website: Website or websites owned and operated by the Affiliate for the promotion of the Company.
• Agreement: Contractual relationship between the Company and the Affiliate, regulated by this document and the Membership Contract Form.
• Effective Date: Date on which the Agreement enters into force in accordance with specified in Clause 2.
• Force Majeure Event: Any event beyond the reasonable control of the affected party, including, but not limited to, internet failures, cyber attacks, viruses, power outages, labor disputes, changes in legislation, natural disasters, explosions, fires, riots, terrorist attacks, and wars.
• Intellectual Property Rights: These include, but are not limited to, copyright, related rights, database rights, trade secrets, know-how, trade names, domain names, trademarks, patents, utility models, design rights, and any other intellectual property rights anywhere in the world.
• Link: Hyperlink from the Affiliate Website to the Affiliate Website. MiCasino.com, in the manner and position agreed upon.
• Parties: Refers collectively to the Company and the Affiliate, or individually to each of them.
• Payments: Compensation granted to the Affiliate for each referred user who meets the Payment Trigger, based on the terms agreed upon in the Affiliate Contract Form.
• Net Gaming Revenue: Total amount wagered by referred users, less the amount won, taxes, fees, and other costs, including:
• Hosting and software provisioning costs. • Bank charges and financial intermediary commissions. • Losses due to fraud and bad debts of users. • Direct costs of providing the service, including verification of identity and geolocation. • Brand licenses related to game content.
• Referred User: A person who registers on the MiCasino.com Website through the Affiliate tracking link and who meets the criteria established in the Payment Activator.
• Payment Trigger: Action performed by a Referred User that meets all the following conditions: • Have made a valid first deposit with your own funds within 30 days of your first visit to the MiCasino.com Website through an Affiliate tracking link. • Having made an effective bet with part or all of the balance deposited. • Have generated minimum gaming activity according to the metrics established by the Company, including but not limited to: - A betting volume commensurate with the amount deposited. - Do not make immediate withdrawals without having generated gaming activity significant. • The Company reserves the right to verify the authenticity and activity of users before making any payment. • Users who exhibit fraudulent behavior patterns, such as non-playable deposits, minimum bets, or any other suspicious activity according to the Company's standards, will not be considered payment triggers.
• Prohibited Materials: Content, works, or other materials that the Company deems inappropriate, including: • Indecent, obscene, pornographic or lewd material. • Content that violates applicable laws, regulations or codes. • Material that violates the intellectual property rights of third parties. • Offensive, abusive content or content that causes discomfort to other users. • Computer viruses, spyware, Trojan horses, or other malicious programs. • Spam or unsolicited bulk emails.
• Affiliate Agreement Form: Document that the Affiliate completes upon registration, which incorporates the specific conditions of their participation in the Affiliate Program. • Term: Period during which the Affiliate participates in the Affiliate Program. • MiCasino.com Website: Online platform accessible at the URL www.micasino.com. In this Agreement, any reference to a law or legal provision includes any amendments, consolidations, or replacements that may arise in the future. The headings of the Clauses are for reference purposes only and do not affect the interpretation of the Agreement.
2. REGISTRATION AND APPROVAL
2.1. To apply and become an Affiliate, the applicant must complete and submit the Affiliate Agreement Form, which incorporates the specific conditions of participation and constitutes acceptance of these terms and conditions.
2.2. Before submitting the Membership Contract Form, the applicant will have the opportunity to review and correct any entry errors.
2.3. The Agreement will become effective once the Company sends the Affiliate the Acceptance Email, confirming their incorporation into the Affiliate Program.
2.4. The contractual relationship between the Company and the Affiliate shall be governed by this Agreement and shall continue indefinitely, unless: • Be terminated by either Party in accordance with Clause corresponding to Termination of the Agreement. • The Affiliate fails to comply with its obligations and the Company decides to terminate its stake. • Fraudulent or irregular activities are detected in traffic management referenced by the Affiliate.
2.5. The Company reserves the right to modify these terms and conditions by notifying the Affiliate in advance by email or through the MiCasino.com Website. Continued participation in the Affiliate Program after such notification will constitute acceptance of the modified terms.
3. AFFILIATE PROGRAM
3.1. Within 7 days of the Effective Date, Affiliate must include one or more tracking links on its Website and keep them active for the duration of the Agreement.
3.2. The Company may request modifications to the Affiliate's links and/or promotional strategy to ensure consistency and quality in the use of the brand. The Affiliate must implement such modifications within 7 days of the request, provided they are reasonable and proportionate.
3.3. The Affiliate agrees not to modify the tracking links provided by the Company without prior authorization and to ensure that they are used in accordance with the terms set forth in the Agreement.
3.4. The Company reserves the right to monitor the traffic generated by the Affiliate and, in the event of identifying deceptive or fraudulent practices, may require adjustments or take corrective measures in accordance with the provisions of Clause 7 of this Agreement.
3.5. The Affiliate acknowledges that the Company may periodically update its promotional materials and marketing guidelines. In these cases, the Affiliate will be notified of any relevant changes and given a reasonable period of time to implement them.
MEMBER OBLIGATIONS
4.1. Cooperation and Compliance: The Affiliate agrees to: • Provide the Company with accurate, up-to-date information within the deadlines required. • Actively collaborate in the implementation of marketing strategies within the limits permitted by law and good business practices.
4.2. Website Maintenance: The Affiliate must: • Keep your website up to date and ensure that the tracking links provided by the Company are properly implemented. • Ensure that the design, content, and functionality of your website are maintained at a professional and appropriate level throughout the term of the agreement. • Ensure that all marketing and advertising campaigns comply with applicable regulations.
4.3. Restrictions and prohibitions: The Affiliate may not: • Include prohibited materials on your Website or link to third-party content that violates these terms. • Use spam, unsolicited emails, or other deceptive or invasive marketing techniques. • Modify, damage or interfere with the tracking codes provided by the Company. • Attempt to manipulate payment trigger events using methods fraudulent. • Make false or misleading statements about the Company. • Include negative or defamatory references about the Company or its website in your platforms.
4.4. Traffic and fraud control: • The Affiliate will be responsible for the quality and origin of the traffic it sends to the MiCasino.com Website. • If the Company identifies low-quality or fraudulent traffic, it may carry out audits, withhold payments or suspend the Affiliate's account. • If suspicious activity is detected, the Affiliate must notify the Company of immediate.
4.5. Sanctions and warnings: • First warning: Written notification of the detected irregularity. • Second warning: Partial or total retention of payments until resolution of the problem. • Third warning: Immediate termination of the contract and loss of payments pending in case of proven fraud.
4.6. Regulatory compliance: • The Affiliate agrees to comply with all applicable regulations, including those related to the use of cookies and data privacy. • It is the Affiliate's responsibility to implement notification procedures necessary for the use of cookies on your website.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Company grants the Affiliate, during the term of the Agreement, a limited, non-exclusive, non-transferable, and revocable license to use promotional materials provided by the Company, including logos, banners, and tracking links, solely for the purpose of promoting the MiCasino.com Website within the framework of the Affiliate Program.
5.2. The Affiliate acknowledges and accepts that: • You do not acquire any ownership rights to the materials provided by the Company. • You may not modify, sublicense, sell, or distribute the materials without the Company's prior written permission. • You will only use the materials in the formats and conditions approved by the Company.
5.3. The Company does not warrant that the use of the links, logos, or any other promotional materials provided will not infringe the intellectual property rights of third parties or give rise to additional liability for the Affiliate.
5.4. If the Company determines that the Affiliate's use of its materials violates this Agreement, it may require the immediate removal or modification of such materials. Failure to comply may result in the suspension or termination of the Affiliate's participation in the Affiliate Program.
5.5. All trademarks, trade names, logos, and other intellectual property rights related to MiCasino.com remain the exclusive property of the Company. Nothing in this Agreement confers on the Affiliate any right, title, or interest in or to them, except for the limited license described herein.
6. PAYMENTS
6.1. The Company will only make payments to the Affiliate for referred users who meet all Payment Activator requirements and whose activity has been verified according to the Company's established quality metrics.
6.2. Payments will be made within 30 days of the end of each calendar month, provided the Affiliate's balance reaches the minimum withdrawal amount agreed upon in the Affiliate Agreement Form.
6.3. All payments will be subject to applicable tax deductions and withholdings in accordance with applicable regulations. The Affiliate will be solely responsible for reporting and paying any additional taxes applicable in their jurisdiction.
6.4. Payment Exclusions: Payments will not be due for:
• Any bet on the MiCasino.com Website made by: • The Affiliate. • Any parent company or subsidiary of the Affiliate. • Any employee, agent or officer of the Affiliate or its companiesrelated. • Any amount obtained through fraudulent or illegal use of payment methods (credit/debit cards, e-wallets, or other fraudulent means). • Any purchase or deposit that is subsequently canceled, refunded, reversed, or charged back. At this point, the company will have the right to demand a refund of any payments made as a result of such purchases or deposits.
6.5. Review and withholding of payments: The Company may temporarily withhold payments if:
• Suspicious activity or signs of fraud are detected in the referred users. • Additional verification of the traffic generated by the Affiliate is required. • There is a breach of the terms of the Agreement by the Affiliate.
6.6. Compensation and adjustment of payments: • The Company shall have the right to offset any amount owed to the Affiliate with any sum that he owes to the Company. - In the event of termination of the Agreement, the Company will review outstanding payments and may withhold amounts in the event of proven fraud.
6.7. Payments to the Affiliate will be made in the currency and payment method previously agreed upon between the Company and the Affiliate in the Affiliate Agreement Form.
7. FRAUD CONTROL AND RETENTION OF PAYMENTS
7.1. Traffic quality assessment: The Company will analyze the quality of traffic generated by the Affiliate using indicators such as: • Deposits without significant gaming activity. • Immediate withdrawal of funds without betting activity. • Low betting volume in relation to the initial deposit. • Atypical behavior patterns that indicate possible abuse of the program affiliation.
7.2. Measures in the event of suspicious activity: • If irregular activity is detected, the Company will notify the Affiliate and request additional information. • In case of recurrence, the Company may withhold payments until the situation improves. • If fraudulent activity is confirmed, the Company may cancel payments pending and terminate the Affiliate's participation in the Program.
7.3. Withholding and reversal of payments: • The Company may temporarily withhold payments if it detects suspicious activity, until further verification is carried out. • In the event of confirmed fraud, the Company may reverse any payments already made and demand reimbursement of amounts improperly paid.
7.4. Right to audit: • The Company reserves the right to conduct periodic audits and reviews of Affiliate traffic and activity. • The Affiliate must provide all the information required to ensure the compliance with the terms of the Agreement.
8. TERMINATION OF THE AGREEMENT
8.1. Termination by either party: • Either Party may terminate this Agreement by written notice with 30 days' notice. • Termination does not relieve either Party of its prior obligations or affect rights acquired up to the date of termination.
8.2. Termination by the Company: The Company may terminate the Agreement immediately in the following cases: • Serious breach of the terms and conditions of the Agreement by the Affiliate. • Fraudulent or suspicious activity verified in the traffic generated by the Affiliate. • Non-compliance with legal regulations applicable to the promotion of games of chance. • The Company may terminate the agreement immediately at any time by written notification to the other party. • The Company may terminate the agreement immediately (without prior notice by written to the Affiliate) if the Affiliate: * Commits any breach of any term of the contract. • Become insolvent or enter into any proceedings or proceeding of insolvency. • The Affiliate dies (in the case of an individual), or as a result of illness or incapacity becomes unable to manage his or her own affairs, or is the subject of a petition and order for bankruptcy. • If an Affiliate does not generate at least five (5) successful and verified registrations for the Company for a period exceeding three (3) months, the Company may terminate this Agreement with or without prior notice to the Affiliate and will have full authority to reassign the Leads under the Company's control.
8.3. Effects of termination: • Upon termination of the Agreement, the Affiliate must cease using all promotional materials and remove any links related to the Company. • The Company will process pending payments subject to verification. corresponding, reserving the right to withhold amounts derived from fraudulent activity or breach of contract. • All clauses that, by their nature, must remain in force after the termination (confidentiality, intellectual property, compensation) will continue in effect.
8.4. Unilateral termination and penalties: • The Company reserves the right to terminate the Agreement unilaterally without prior notice in the event of repeated or serious breach by the Affiliate. • In the event of termination due to fraud, the Affiliate will lose any right to receive outstanding payments and may be subject to claims for damages.
CONFIDENTIALITY AND EXCLUSION OF RESPONSIBILITY
9.1. Confidentiality:
• The Affiliate agrees not to disclose or use for purposes other than the execution of the Agreement any confidential information provided by the Company. • Any technical, financial, strategic or commercial related to the Company and its Affiliate Program, including but not limited to payment structures, fraud control metrics and user data. • The obligation of confidentiality will remain in force even after the termination of the Agreement. • Information that will not be considered confidential is: - Be public knowledge without breach by the Affiliate. - It has been legally obtained from a third party without restrictions. - Must be disclosed by legal or regulatory requirement, with prior notice to the Company.
9.2. Exclusion of Liability: • The Company does not guarantee the uninterrupted availability of the Program. Affiliates are not responsible for interruptions resulting from maintenance, technical failures, cyber attacks or force majeure. • The Company shall not be liable for any indirect losses, consequential damages or loss of profits that the Affiliate may suffer in connection with this Agreement. • The Affiliate agrees that the Company may unilaterally modify the terms and conditions of the Affiliate Program, giving at least 30 days’ notice, without any right to compensation for the Affiliate. • The Company's maximum liability under this Agreement shall be limited to the total amount paid to the Affiliate in the three (3) months prior to the date on which the claim arises.
10. APPLICABLE LEGISLATION AND JURISDICTION
This agreement is governed by the laws of Curacao.
Any dispute will be resolved before the competent courts of Willemstad.
By registering for the Affiliate Program and completing the Affiliate Agreement Form, the Affiliate agrees to these terms and conditions in full.
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