Terms and Conditions

Affiliate Terms

Please read these terms and conditions carefully before applying to become an Affiliate as they set out our and your legal rights and obligations in relation to our Affiliate Programme.

If you have any questions or comments about the MiCasino.com Affiliate Program, please contact us by writing to our Affiliate team through the following emails: afiliados@micasino.com

1. Definitions and interpretation

1.1 In the Agreement:

Acceptance Email: This email is sent by the Company to a registered Affiliate. This in accordance with Clause 2.3 confirming that the applicant has been accepted into the Affiliate Program.

Affiliate: this is the person (natural or legal) specified as an applicant for our Affiliate Program and is the one who wishes to promote and promote our brand.

Affiliate Program: refers to the program in which a Company and an Affiliate interact promoting the MiCasino.com Gaming Site

Affiliate Website: This is the website or websites owned and operated by the Affiliate.

Agreement: is the agreement made between the Company and the Affiliate.

Effective Date: refers to the date on which the agreement comes into force as specified in Clause 2.

Force Majeure Event: refers to the event or series of related events that are beyond the reasonable control of the affected party. These include internet failures or problems, hacker attacks, viruses or other malicious software, infections or attacks, power outages, labor disputes affecting third parties, changes in the law, natural disasters, explosions, fires, riots, terrorist attacks and wars.

Intellectual Property Rights: means all intellectual property rights anywhere in the world, whether registered or unregistered, including any application for such rights. These include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, trade names, domain names, trademarks, service marks, rights and infringement, unfair competition rights, patents, utility models, semiconductor topography rights and design rights.

Link: This is a hyperlink (embedded in text or an image) from the Affiliate Website to the MiCasino.com Website in the form, design and in a position on the Affiliate Website specified on the Affiliate Website. MyCasino.com

Parties: these are the Affiliate and the Company. The Affiliate and the Company may be referred to individually as a “Party” or collectively as the “Parties.”

Payouts: This is the reward for each new registration you deposit and place at least one bet or, depending on your prior written choice, a % of the net game revenue. This payment method will be confirmed via email sent by the Company to the Affiliate with respect to each payment trigger during the term (subject to the provisions of the agreement)

Net gaming income: defined as the total amount bet by players (who came thanks to the promotion carried out by the affiliate) minus the amount won in the period after deduction of all taxes and duties (or their equivalent or replacement at the then-current rate), and other disbursements, including:

a) Software hosting and provisioning costs.

b) Bank or financial intermediary handling charges (including the use of “e-wallets” and chargebacks and refunds)

c) Losses due to fraud and bad debts of end users.

d) All direct costs of providing the service to users (including charges for age, identification and geographic location verification costs)

e) Brand licenses (in relation to game content)

Payment Trigger: bets placed by a user who visited the MiCasino.com Website through a link within 30 days from the date of that first visit.

Prohibited Materials: This is the content, works or other materials that the Company determines (acting reasonably) constitute:

a) Indecent, obscene, pornographic or lewd material.

b) Material that violates any applicable law, regulation or legally binding code.

c) Material that infringes the intellectual property rights or other rights of third parties.

d) Material that is offensive or abusive, or that may cause annoyance or inconvenience or anxiety to another internet user.

e) Computer viruses, spyware, Trojan horses or other malicious or harmful routines, programs or software

f) Spam or unsolicited mass email.

Registration Form: form that must be filled out by the Affiliate when they wish to register in the MiCasino.com Affiliate Program
Term: refers to the period of time agreed upon by the Company and the Affiliate to execute a certain action.
MiCasino.com Website: means the website accessible through the URL: www.micasino.com

1.2 In the Agreement, a reference to a law or legal provision includes a reference to:

a) That law or legal provision modified, consolidated and/or promulgated from time to time.

b) Any subordinate legislation enacted pursuant to that statute or statutory provision.

1.3 The titles of the Clauses do not affect the interpretation of the Agreement.

2. The Agreement

2.1 - To apply and become an Affiliate, the applicant must complete and submit the Registration Form and agree to these terms and conditions.

2.2 - If the applicant makes any input errors during the order process, the applicant will be able to identify them and correct them before submitting the registration form.

2.3 - The Agreement will be effective as long as the Company sends the Affiliate the acceptance email, after the Affiliate submits a completed Registration Form.

2.4 - The Agreement will continue in force indefinitely, unless and until terminated in accordance with Clause 11.

3. Affiliate program

3.1 - The Affiliate will include, within 7 days of the Effective Date, one or more links on the Affiliate Website and will maintain those links on the Affiliate Website during the term.

3.2 - The Company may from time to time during the Term, request modifications to the links and/or the Affiliate Website in order to ensure consistency and quality in the use of the Company's trademarks and branding, and in the To the extent such requests are reasonable, Affiliate will make such modifications within 7 days of the request.

4. Obligations of Affiliates

4.1 - The Affiliate will provide the Company:

a) The cooperation required by the Company (acting reasonably) in relation to the Affiliate Program.

b) All information and documents required by the Company (acting reasonably) in relation to the Affiliate Programme.

4.2 - The Affiliate must:

a) Keep the Affiliate Website updated and in good working order.

b) Ensure that the quality of the design, content and functionality of the Affiliate Website does not materially deteriorate during the term.

c) Ensure that all marketing relating to the Affiliate Website (both online and offline) is in accordance with applicable law, applicable codes of practice and general industry good practice.

4.3 - The Affiliate must not:

a) Include prohibited material on the Affiliate Website, nor include any hyperlink to prohibited material.

b) Market the Affiliate Website using spam or unsolicited email or other unsolicited communications, or using any form of spyware, parasite software, adware or similar software, or using any other anti-social or deceptive methods.

c) Increase or attempt to increase the number of payment activation events using any fraudulent or deceptive method.

d) Make any public disclosure related to the Agreement (including press releases, public announcements and marketing materials) without the prior written consent of the Company.

e) Include any hyperlink to the MiCasino.com Website from the Affiliate Website that is not a link

f) Include any reference to the Company or the MiCasino.com Website on the Affiliate Website that may be considered negative.

4.4 - The Affiliate will not take any action in connection with the Affiliate Program that could reasonably be expected to lead to the possibility of damaging the reputation and goodwill of the Company and/or the MiCasino.com Website

4.5 - Affiliate may not modify, impair, disable or otherwise interfere with any tracking code and/or other technology required by Income Access to ensure proper tracking.

4.6 - Affiliates must not send spam or use unsolicited email. If the Company reasonably believes that an Affiliate is knowingly sending spam and/or unsolicited email, the Company may, in its sole discretion, immediately terminate such Affiliate's participation in the Affiliate Program.

4.7 - Each Affiliate is responsible for the quality and origin of the traffic it provides to the Company Website and the Affiliate will always be responsible for the quality and origin of that traffic. If an Affiliate knowingly sends traffic of questionable quality and/or origin to the Company, the Company may, in its sole discretion, immediately terminate such Affiliate's participation in the Affiliate Program.

4.8 - If an Affiliate accidentally or unknowingly directs traffic of questionable quality and/or origin to the Company Website, the Company may issue a written warning to the Affiliate, notifying him or her of the questionable traffic. If, after three written warnings, the Affiliate still directs traffic of questionable quality and/or origin to the Company Website, the Company may, in its sole discretion, immediately terminate such Affiliate's participation in the Affiliate Program.

4.9 - Affiliates may not copy any other Affiliate's Website. The Company reserves the right to suspend and/or terminate an Affiliate's participation in the Affiliate Program if they are found to have copied another Affiliate's Website.

Affiliates will comply with all applicable laws and/or regulations relating to the use of cookies and will use all necessary notification procedures regarding the use of cookies to all visitors.

5. Intellectual Property Rights

5.1 - The Company grants Affiliate during the Term a worldwide, non-exclusive, royalty-free license to electronically reproduce and publish on the Affiliate Website, links only.

5.2 - The Company does not guarantee that the Affiliate's use of the links will not infringe the intellectual property rights of third parties or give rise to any other liability on the part of the Affiliate.

6. Payments

6.1 - With respect to each Payment Trigger that the company can verify (acting reasonably), the Company will make a Payment to the Affiliate.

6.2 - The Company will account to the Affiliate for all payments due with respect to a calendar month within 30 days after the end of the following calendar month.

6.3 - All payments established in or in connection with the Agreement include VAT where applicable, and the Affiliate is solely responsible for paying VAT.

6.4 - If the Company is required by law to deduct withholding taxes or any other taxes or duties from any payments, then the Company will deduct such amounts from the payments before paying them to the Affiliate.

6.5 - Payments to the Affiliate will be made in the currency and payment method previously agreed between the Company and the Affiliate.

6.6 - No payments will be due in respect of:

a) Any bet on the MiCasino.com Website, placed by or on behalf of:

a.1) The Affiliate

a.2) Any parent company or subsidiary of the Affiliate

a.3) Any employee, agent or officer of the Affiliate or any parent or subsidiary company of the Affiliate.

a.4) By any natural person related to any of the above.

b) Any amount received by the Company through the fraudulent or illegal use of a credit, debit card or other payment card, or by any other fraudulent or illegal method.

c) Any purchase on the MiCasino.com Website that is subsequently cancelled, refunded, reversed or charged back (and the Company will have the right to demand refund of payments made as a result of such purchases)

6.7 - Both before and after termination, the Company will have the right to set off any amounts owed to the Affiliate against any amounts owed by the Affiliate to the Company, whether under the Agreement or arising from the acts and omissions of the Affiliate.

7. Guarantee

7.1 - Each party guarantees to the other party:

a) That you have the right and legal authority to enter into and perform your obligations under the Agreement.

b) That you will perform your obligations under the Agreement with reasonable care and skill.

7.2 - All responsibilities and obligations of the parties with respect to the subject matter of the Agreement are expressly set forth in the terms of the agreement. To the maximum extent permitted by applicable law, no other terms related to the subject matter of the Agreement will be implied into the Agreement or any related contract.

8. Compensation

The Affiliate will indemnify and keep indemnified the Company and the Company's officers, employees, representatives, agents and subcontractors, against all damages, losses and expenses (including legal expenses) arising as a result of any breach by the Affiliate of any term of the agreement.

9. Responsibility

9.1 - Nothing in the agreement will exclude or limit the liability of either party for:

a) Death or personal injury caused by that party's negligence.

b) Fraud or fraudulent misrepresentation by that party.

c) Any other liability that cannot be excluded or limited under applicable law.

9.2 - Subject to Clause 9.1 the Company's liability to the Affiliate under or in connection with the agreement or any collateral contract, whether in contract or tort (including negligence), shall be limited as follows:

a) The Company will not be responsible for any:

a.1) Loss of profits, income or anticipated savings.

a.2) Loss or corruption of any data, database or software.

a.3) Damage to reputation or damage to goodwill.

a.4) Loss of any commercial opportunity.

a.5) Indirect, special or consequential loss or damage.

b) The Company will not be liable for any loss arising from a force majeure event.

c) Under no circumstances will the Company's liability in any calendar year exceed the total amount paid.

10. Force majeure events

10.1 - Where a force majeure event results in a failure or delay in the performance of either party with its obligations under this agreement, those obligations will be suspended for the duration of the force majeure event.

10.2 - A party who becomes aware of a force majeure event that gives rise to, or may give rise to, any failure or delay in the performance of its obligations under this agreement shall immediately notify the other party.

10.3 - The affected party will take reasonable measures to mitigate the effects of the Force Majeure event.

11. Termination

11.1 - Either party may terminate the agreement immediately at any time by giving written notice to the other party.

11.2 - The Company may terminate the agreement immediately (without written notice to the Affiliate) if the Affiliate:

a) Commits any breach of any term of the agreement.

b) Becomes insolvent or enters into any insolvency proceedings or proceedings.

c) The Affiliate dies (when an individual), or as a result of illness or incapacity becomes incapable of managing his or her own affairs, or is the subject of a bankruptcy petition and order.

11.3 - If an Affiliate does not generate any registrations for the Company for more than a period of twelve (12) months, the Company may terminate this agreement with or without notice to the Affiliate.

12. Effects of termination

12.1 - Upon termination, all provisions of the Agreement will cease to have effect, except that the following provisions of the Agreement will survive and continue to have effect (in accordance with their terms or otherwise indefinitely): Clauses 1, 8, 9, 12 and 13

12.2 - If the company terminates the agreement, the company shall have no obligation to make any additional payments to the member.

12.3 - Subject to clause 12.2:

a) The Company will pay the Affiliate all payments arising from Payment Triggers activated on or before the effective termination date of the agreement.

b) Termination of the agreement will not affect the accrued rights of either party as of the date of termination.

12.4 - Provided that we have paid or will pay you any sums due and owing on the date of termination, which shall be subject to any right we have to make deductions, whether under this agreement or otherwise, we shall have no further liability.

13. General

13.1 - Any notice given under the agreement must be in writing (whether or not described as “written notice” in the agreement) and must be delivered personally, sent by prepaid first-class mail, or sent by fax or email, to the attention of the corresponding person, and to the corresponding address, fax number or email address specified in the registration form (in the case of the Affiliate) or on the MiCasino.com website (in the case of the Company) or as notified by one party to the other in accordance with this clause.

13.2 - Notice will be deemed received at the relevant time set forth below:

a) When the notification is delivered personally, at the time of delivery.

b) When the notice is sent by first class mail, 48 hours after it is sent.

c) When the notice is sent by fax or email, at the time of transmission (provided that the sending party retains written evidence of the transmission)

13.3 - No breach of any provision of the Agreement will be waived except with the express written consent of the non-breaching party.

13.4 - If a court or other competent authority determines that a clause of the agreement is illegal and/or unenforceable, the other clauses of the agreement will remain in force. If any illegal and/or unenforceable clause would be legal or enforceable if part of it is deleted, that part will be deemed deleted and the rest of the clause will continue in effect (unless that contradicts the clear intention of the parties), in which case , the entire corresponding clause will be considered deleted.

13.5 - Nothing in the agreement shall constitute a partnership, agency relationship or employment contract between the parties. Affiliate will not make any statement on the Affiliate Website or otherwise that expressly or implicitly suggests that such a relationship exists between the parties.

13.6 - The Agreement may be modified if the Company posts a new version of the agreement on the MiCasino.com Website and notifies the Affiliate in writing that the agreement has been modified. Affiliate's continued participation in the Affiliate Program after receipt of such notice will constitute Affiliate's acceptance of the varied agreement.

13.7 - The Company may freely assign its rights and obligations under the agreement without the consent of the Affiliate.

13.8 - The Agreement is for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, agree to any amendment, waiver or variation related to the agreement are not subject to the consent of any third party.

13.9 - The agreement constitutes the entire understanding of the parties relating to the subject matter of the agreement, and supersedes all prior agreements, arrangements and understandings between the parties relating to the subject matter of the agreement. Subject to clause 9.1, each party acknowledges that no representations or promises have been made by or on behalf of the other party that are not expressly contained in the agreement.