Terms and conditions
Effective from 22.08.2024 and last updated 22.08.2024.
“Affiliate Program”) and you (hereinafter “you” or “Affiliate”). Affiliate Program is operated by
ADOLANOS LABS S.R.L., registered address San Jose, county 15 Montes de Oca, district 1
San Pedro, Los Yoses, 8 and 10th avenues, 39 street 2nd to the right, LY Center, Costa
Rica, Registration number: 3-102-906861.
tools or accepting any reward, bonus or commission, whether contained in the Affiliate
Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read,
understood and agreed to the Affiliate Agreement. We may periodically make modifications
to this Agreement. While we will do our best to notify you of such changes, we recommend
that you revisit this page regularly. Your continued use of the Affiliate Program will constitute
your consent to the updated Agreement.
1. DEFINITIONS
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate
Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is
made by the Affiliate to take part in the Affiliate Program and approved by Company.
1.3 “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii)
the terms and conditions of the Commission Structures applicable to the different products
and brands, and (iii) any other rules or guidelines of the Company and/or Websites made
known to the Affiliate from time to time.
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 any third-party website to Company Websites.
1.6 “Affiliate Program” means collaboration between the Company and the Affiliate whereby
the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate
Website(s) to Company’s websites. For such services the Affiliate is paid a commission
depending on the generated traffic to the Company’s websites, subject to terms within this
Affiliate Agreement and to the applicable product-specific Commission Structure.
1.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company
pays the commission and any other payments due to the Affiliate, which the Affiliate can
withdraw in accordance with the Affiliate Agreement;
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise
controlled by the Affiliate.
1.9 “Company” shall mean by ADOLANOS LABS S.R.L. and any other company within our
group of, including our parent companies, their parent companies and all of the subsidiaries
of these respective companies.
1.10 “Company Websites” means the website www.bitstake.com or other such websites
(including mirror websites) as may be added to this Affiliate Program from time to time;
1.11 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable,
a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.
1.12 “Commission Structures” means any specific reward structures expressly agreed
between Company and the Affiliate.
1.13 “Confidential Information” means any information of commercial or essential value
relating to Company such as, but not limited to, financial reports, trade secrets, know-how,
prices and custom quotes, business information, products, strategies, databases,
technology, information about New Customers, other customers and users of Company
Websites, marketing plans and manners of operation.
1.14 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain
names, brands, business names, and registrations of the aforesaid and/or any other similar
rights of this nature.
1.15 “Net Gaming Revenue” or “NGR” means all monies received by Company from New
Customers as placed bets, less (a) winnings returned to New Customers, (b) issued
bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and
chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned
above are only related to New Customers referred to Company Websites by the Affiliate
Website(s).
1.16 “New Customer” means a new, first-time customer of the Company who made a first
deposit amounting to at least the applicable minimum deposit at Company Websites’ player
account, in accordance with the applicable terms and conditions of Company Websites’. This
excludes the Affiliate, its employees, relatives and friends.
1.17 “Parties” means Company and the Affiliate (each a “Party”).
1.18 “Personal Data” means any information relating to any person, whether individual or
legal that is or may be identified, directly or indirectly.
2. AFFILIATE OBLIGATIONS
2.1 Registering as Affiliate
To become a member of our Affiliate Program you must accept these terms and conditions
by ticking the respective box while submitting the Affiliate Application. The Affiliate
Application will form an integral part of the Affiliate Agreement.
2.3 Affiliate Program participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account
for a third party, brokering or transferring an Affiliate Account is not accepted. Affiliates
wishing to transfer an account to another beneficial owner must contact us and request
permission. Besides, you shall not open more than one Affiliate Account without our prior
written consent. By agreeing to participate in the Affiliate Program, you agree to use your
best efforts to actively advertise, market and promote the Company Websites in accordance
with the Affiliate Agreement and Company’s instructions from time to time. You will ensure
that all activities taken by you under the Affiliate Agreement will be in Company’s best
interest and will in no way harm the Company’s reputation or goodwill. You may link to the
Company Website’s using the Affiliate Links or other such materials as we may from time to
time approve. This is the only method by which you may advertise on our behalf.
2.4 Affiliate Website
You will be solely responsible for the development, operation and maintenance of the
Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all
times ensure that the Affiliate Website is compliant with all applicable laws, including General
Data Protection Regulation (GDPR), and functions as a professional website. You will not
present the Affiliate Website in such a way so that it may cause confusion with the Company
Websites, or so that it may give the impression that it is owned or operated by Company.
The Affiliate Website will not contain any defamatory, libelous, discriminatory or otherwise
unsuitable content (including, but not limited to, violent, obscene, derogatory or pornographic
materials or content which would be unlawful in target country).
2.5 Valid traffic and good faith
You will not generate traffic to Company Websites by registering as a New Customer
whether directly or indirectly (for example by using associates, family members or other third
parties). Such behaviour shall be deemed as fraud. You will also not attempt to benefit from
traffic not generated in good faith. If you have any reasonable suspicion that any New
Customer referred by you is in any way associated to bonus abuse, money laundering,
fraud, or other abuse of remote gaming websites, you will immediately notify us of this.
2.6 Unsuitable websites
You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever
featuring our Intellectual Property on any unsuitable websites (whether owned by a third
party or otherwise). Unsuitable websites include, but are not limited to, websites that are
aimed at children, display illegal pornography or other illegal sexual acts, promote violence,
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation,
or age, promote illegal activities or in any way violate the intellectual property rights of any
third party or of the Company, or breach any relevant advertising regulations or codes of
practice in any territory where such Affiliate Links or digital advertisements may be featured.
2.7 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the
Affiliate Website. You will only use Affiliate Links provided by Company within the scope of
the Affiliate Program.
2.8 Email and SMS marketing
If sending any emails or SMS communications to individuals which (i) include any of
Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Company
Websites, you must first obtain our permission to send such emails. If such permission is
granted by the Company, you must then ensure you have each and every recipient’s explicit
consent to receive marketing communications in the form of communication to be sent (i.e.
by SMS or email) and that such individuals have not opted out of receiving such
communication. You must also make it clear to the recipient that all marketing
communications are sent from you and are not from our Company.
2.9 Use of Company Intellectual Property Rights
Any use of Company’s Intellectual Property Rights must be in accordance with any brand
guidelines issued to you from time to time and are always subject to the approval required in
clause below. You shall not undertake any activities in violation of the intellectual property
rights of 1st.Partners and the Company, including but not limited to: brand bidding,
registering or using any domains with confusingly similar names to the Company Brands,
copying the “look and feel” of our sites or software, using any Company marks, branding or
logos except as expressly permitted by this Agreement, or modifying any Marketing Material
made available by 1st.Partners.
2.10 Approved creative
You will not use any advertising layout or creative (including banners, images, logos)
incorporating our Intellectual Property Rights unless the advertising layout or creative was
provided to you by the Company or (if advertising layouts are created by you) without the
advance written approval of Company. You will not modify the appearance of any advertising
that has been provided to you or for which approval was granted. It is your responsibility to
seek approval from Company in time for launch of any advertising campaign or creative, to
ensure you have written approval from the Company in relation to advertising, and to be able
to evidence such approval upon request.
2.11 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs
as are offered on the Company Websites.
2.12 Responsible Gaming
The Company has ongoing commitment to responsible gaming and prevention of gambling
addiction. You agree to actively cooperate with the Company to convey a responsible
gaming message. Specifically, you will not use any material or in any way target persons
who are under 18 or the legal gambling age in their jurisdiction.
2.13 Illegal activity
You will not target any territory or jurisdictions where gambling is illegal. You will act within
the relevant and / or applicable law at all times and you will not perform any act which is
illegal in relation to the Affiliate Program or otherwise.
2.14 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any
existing or new data protection acts, regulations or law applicable to your territory. This
includes all applicable legislation and/or regulations relating to the use of ‘cookies’.
2.15 Cost and expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting
your obligations under the Affiliate Agreement.
2.16 Company monitoring of Affiliate activity
You will immediately give Company all such assistance as is required and provide us with all
such information as is requested by Company to monitor your activity under the Affiliate
Program.
2.17 Sweden specific terms
The Affiliate acknowledges that promoting on Swedish market resources and using Swedish
language is subject to legal restrictions in Sweden. Such actions will be considered as a
breach of general terms & conditions and will lead to the immediate account closure if …-
That the company on the website offers deposits, withdrawals and winnings in Swedish
currency,- That the company on the website has information in Swedish,- That the company
has the conditions for participation in the game in Swedish or otherwise in the conditions
refers to the fact that you are a Swedish customer,- That the company on the website has
contact information for customer service with a Swedish telephone number, and / or- That
the company and / or the company’s “affiliates” direct their marketing to Swedish customers.
3. AFFILIATE RIGHTS
3.1 Right to direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate
Agreement, to direct New Customers to such Company Websites as we have agreed with
you in strict accordance with the terms of the Affiliate Agreement. You shall have no claim to
Commission or other compensation on business secured by persons or entities other than
you.
3.2 Licence to use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable licence, during the term of this Affiliate
Agreement, to use the Company Intellectual Property Rights, which we may from time to
time approve solely in connection with the display of the promotional materials on the
Affiliate Website or in other such locations as may have been expressly approved (in writing)
by Company. This licence cannot be sub-licensed, assigned or otherwise transferred by you.
3.3 Players’ Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the
Affiliate shall not have access to any Personal Data of Company’s customers.
4. COMPANY OBLIGATIONS
4.1 We shall use our best efforts to provide you with all materials and information required
for necessary implementation of the Affiliate Links.
4.2 At our sole discretion, we will register any New Customers directed to the Company
Websites by you and we will track their transactions. We reserve the right to refuse New
Customers (or to close their accounts) if necessary to comply with any requirements we may
periodically establish.
4.3 We shall make available monitoring tools which enable you to monitor your Affiliate
Account and the level of your Commission and the payment thereof.
4.4 We shall use and process the following personal data of an Affiliate or any Affiliate
employee, as follows: your username for logging in, your email address, name, date of birth,
your country and address, telephone number and financial data for the purposes of ensuring
a high level of security, fulfilling the AML legal requirements and for managing our business
relationship.
4.5 Subject to your strict adherence to the Affiliate Agreement, we shall pay you the
Commission in accordance with Clause 6.
5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your
negligence in performance under the Affiliate Program, or failure to meet your obligations
hereunder, the Company shall have the following remedies available:
a) the right to suspend your participation in the Affiliate Program for the period required to
investigate any activities that may be in breach of the Affiliate Agreement. During such
period of suspension payment of Commissions will also be suspended;
b) the right to withhold any Commission or any other payment to the Affiliate arising from or
relating to any specific campaign, traffic, content or activity conducted or created by the
Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
c) the right to withhold from the Commission monies which Company deems reasonable to
cover any indemnity given by the Affiliate hereunder or to cover any liability of Company
which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
d) immediately terminate the Affiliate Agreement;
e) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a
period of 3 (three) months from the date of the termination of the Affiliate Agreement in
accordance with clause 9.1.
Our rights and remedies detailed above shall not be mutually exclusive.
We hereby reserve a right to direct New Customers directed by you to some Company
Websites under CPA Commission Structure to other Websites of the Company.
6. COMMISSION AND PAYMENT
6.1 Subject to your adherence to the provisions of the Affiliate Agreement, you will earn
Commission in accordance with the Commission Structure. We retain the right to change the
Commission percentage and method of calculation of Commission in accordance with this
clause.
6.2 The Commission is calculated at the end of each month and payments shall be made on
a monthly basis in arrears, not later than the 15th of the following calendar month. Payments
via invoices are paid till 25th of the month for the previous payment period.
6.3 The Commission will be paid to your Affiliate Wallet designated in your Affiliate Account.
Due to existing regulations, Affiliates may be required for verification and “know your
customer” documentation before a withdrawal can be accessed. You shall ensure (and take
adequate and appropriate measures to ensure) that the payment details are correct and
up-to-date. The Company shall not be responsible for the Commission paid/withdrawn using
incorrect payment details designated in your Affiliate Account.
6.4 A minimum amount of €100 may be withdrawn from the Affiliate Wallet at one time.
6.5 If an error is made in the calculation of the Commission, the Company has the right to
correct such calculation at any time and will immediately pay out underpayment or reclaim
overpayment made to the Affiliate.
6.6 The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to
restructure its commission structure.
6.7 The Affiliate’s acceptance of a Commission payment shall constitute the full and final
settlement of the balance due for the relevant period. In case the Affiliate disagrees with the
balance due as reported, he or she shall notify the Company within fourteen (14) calendar
days and clearly state reasons of the disagreement. Failure to notify the Company within this
time limit shall be considered as an irrevocable acknowledgment of the balance due for the
relevant period.
6.8 The Commission shall be deemed to be exclusive of value added tax or any other
applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies,
charges and any other money payable or due to any tax authority, department or other
competent entity as a result of the compensation generated under the Affiliate Agreement.
6.9 A CPA is paid to an affiliate for each player whose bet amount at least equals the amount
of the established CPA or the equivalent in other currencies, if the transaction does not have
an additional conditions such as baseline or others.
6.10 As of August 22, 2024, all withdrawals are subject to the following withdrawal fees
depending on your payment system:
● Bank Transfer – 100 EUR, min cashout 1,000 EUR; min cashout 1,000 EUR for EUR
to BTC – xe.com rate +1.5%, EUR to USDT (TRC 20) – xe.com rate +1.5%, WMZ –
3%, PayPal – 3%, Skrill – 3%, Neteller – 3%, Capitalist – 3%.
6.11 Changes of payment method.
In case of any changes made by you in your payment method in your account so as to
receive a particular payout, such changes (e.g. payment details, banks, wallet) shall be
made not later than the 5th day of the month, following the month of calculation. If such
changes would be made later than the 5th day of the month, the payout would be based on
the previous details/bank/wallet. For reasons, when no payout details were provided, the
particular payout would be transferred for the next month till payout details would not be
provided.
7. STANDARD COMMISSION STRUCTURES
Standard Affiliate Commission is 40% of NGR.
NGR = Revenue x (100% – 15%) – Bonuses – (Deposits + Withdrawals) x 5%.
A negative balance on one brand does not affect a positive balance on another brand.
Payments are made for each brand separately and they are not bundled.
Negative carryover terms:
If the Affiliate’s account in the current accounting period (from the first day of the month till
the last day of the month) has a negative NGR under his own activity (Affiliate’s NGR), such
as negative NGR would be carried over on the next month with the following rules (brackets
used to denote negative sign):
0 > Affiliate’s NGR >= (10,000) EUR | Such as negative NGR would NOT be carried over for
the next accounting period
(10,000) EUR > Affiliate’s NGR | Such as negative NGR would be carried over for the next
accounting period plus (compensated by the Company) 10,000 EUR
For example, Affiliate promotes 3 Brands and at the end of the accounting period has the
following statistic:
● Brand 1 | NGR (13,000) EUR
● Brand 2 | NGR 4,000 EUR
● Brand 3 | NGR (3,000) EUR
Then at the beginning of the next accounting period Affiliate would have the following
information about promoted brands:
● Brand 1 | NGR (3,000) EUR, where 10,000 EUR were compensated and was not
carried over
● Brand 2 | NGR 0 EUR, as usual at the beginning of the accounting period
● Brand 3 | NGR 0 EUR, where 3,000 EUR were compensated and was not carried
over
Moreover, as mentioned above, payouts for Brands do NOT sums. E.g. if Affiliate has a
revenue share 50% terms, he would gain: 0 EUR for Brand 1; 2,000 EUR (4000 * 50% =
2000) for Brand 2; 0 EUR for Brand 3.
8. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with
confidential information relating to our business, operations, or underlying technology and/or
the Affiliate Program (including, for example, the Commissions earned by you under the
Affiliate Program).
You agree to avoid disclosure or unauthorised use of any such confidential information to
third persons or outside parties unless you have our prior written consent. You also agree
that you will use the confidential information only for the purposes of the Affiliate Agreement.
Your obligations in regards to this clause survive the termination of this Agreement.
In addition, you must not issue any press release or similar communication to the public with
respect to your participation in the Affiliate Program without the prior written consent of the
Company (with approval of the exact content to also be approved by Company).
9. TERM AND TERMINATION
9.1 Term
The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will
be continuous unless and until either Party notifies the other in writing that it wishes to
terminate the Agreement. In this case the Agreement will be terminated 30 days after such
notice is given. For purposes of notification of termination, delivery via e-mail is considered a
written and immediate form of notification.
For the avoidance of doubt, Company may also terminate (in accordance with Clause 5
above) upon immediate notice at any time for the Affiliate’s failure to meet their obligations
under the Agreement or otherwise for the Affiliate’s negligence.
9.2 Affiliate actions upon termination
Upon termination you must immediately remove all of Company banners or creatives from
the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company
Websites.
All rights and licenses given to you in the Affiliate Agreement shall immediately terminate.
You will return to Company any confidential information and all copies of it in your
possession and control, and will cease all uses of all Company Intellectual Property Rights.
9.3 Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any
New Customers directed to Company during the term shall not be payable to the Affiliate as
from the date of termination.
10. MISCELLANEOUS
10.1 Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate
Program, about Company or the Commission payment arrangements (including, without
limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In
addition, we make no representation that the operation of our sites will be uninterrupted or
error-free and will not be liable for the consequences if there are any. In the event of a
discrepancy between the reports offered in the Affiliate Account system and the Company
database, the database shall be deemed accurate.
10.2 Indemnity and Limitation of Liability
You shall indemnify and hold Company, our directors, employees and representatives
harmless from and against any and all liabilities, losses, damages and costs, including legal
fees, resulting from or in any way connected with (a) any breach by you of any provision of
the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate
Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your
negligent or intentional acts or omissions, or the unauthorised use of our creatives and links
or this Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential
damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising
in connection with the Affiliate Agreement or the Affiliate Program, even if we have been
advised of the possibility of such damages.
10.3 Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will
not constitute a waiver of our right to subsequently enforce such provision or any other
provision of the Affiliate Agreement.
10.4 Relationship of Parties
The Company and the Affiliate are independent contractors and nothing in the Affiliate
Agreement will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between us. You will have no authority to make or accept any
offers or representations on our behalf. You will not make any statement, whether on your
site or otherwise, that would contradict anything in this Affiliate Agreement.
10.5 Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations
under the Affiliate Agreement if such delay or failure arises from a cause beyond its
reasonable control, including but not limited to labour disputes, strikes, industrial
disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications
failures, earthquakes or other casualty. If such event occurs, the non-performing Party is
excused from whatever performance is prevented by the event to the extent prevented
provided that if the force majeure event subsists for a period exceeding thirty (30) calendar
days then either Party may terminate the Affiliate Agreement with immediate effect by
providing a written notice.
10.6 Assignability
You may not assign the Affiliate Agreement, by operation of law or otherwise, without our
prior written consent.
10.7 Severability
If any provision of the Affiliate Agreement is held to be invalid, illegal or unenforceable in any
respect, such provision will be ineffective only to the extent of such invalidity, or
unenforceability, without invalidating the remainder of the Affiliate Agreement or any
provision hereof.