Swivelaffiliates.com/ (the “Website”) is operated by Mark Ops (“Company”, “We”, “Us” or “Our”) a company incorporated and registered in Malta
2.1. These Terms and Conditions (hereinafter referred to as “T&Cs”) must be read carefully and in their entirety before entering into the Swivel Affiliate Program (“Affiliate Program”). The Affiliate Program for the Website (including moonspin.com and moonspin.us and other such Websites that may be subsequently designated by the Company)
2.2. The T&Cs of the Affiliates Program will only be applicable to You (“You, “Your” or “Affiliate”) once You enter into an Affiliate Insertion Order (“Insertion Order”) with Us.
2.3. Once the IO has been fully executed, You acknowledge that You have read, consented, and are bound by such T&Cs.
2.4. By, accessing and using any of Our marketing tools or accepting any reward, bonus or commission, whether contained in the Insertion Order or elsewhere as a part of our Affiliate Program, You will be deemed to have also acknowledged, read, understood and agreed to the T&Cs on our Website.
2.5. By entering into an Insertion Order with Us, You would be collaborating with Us by promoting the Company Websites including creating Affiliate Links (“Affiliate Links”) from the Affiliate Website(s) to the Company Website(s). For such Services (“Service(s)”), the Affiliate is paid a Commission (“Commission”). The Commission is calculated depending on the agreed future results between the Company and the Affiliate. The agreed upon future results will further depend on the Customers provided by the Affiliate to the Company. The calculation of the Commission subjected to terms within the Insertion Order and in certain instances is subjected to the applicable product-specific Commission Structure.
3.1. WE RESERVE THE RIGHT TO MODIFY OR UPDATE THE T&CS OR ANY PART THEREOF AT ANY TIME AND WITHOUT ADVANCED NOTICE.
3.2. If such amendments are made, We will take the appropriate steps to bring such changes to Your attention, such as by email or by placing a notice on a prominent position on the Website, together with the amended T&Cs.
3.3. IT SHALL BE YOUR SOLE RESPONSIBILITY TO CHECK FOR ANY AMENDMENTS, UPDATES, AND/OR MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND THE SERVICES PROVIDED, AFTER ANY SUCH AMENDMENT TO THE T&CS WILL BE DEEMED AS YOUR ACCEPTANCE AND UNDERSTANDING TO BE BOUND BY SUCH AMENDMENTS, UPDATES, AND/OR MODIFICATIONS.
3.4. If You do not agree with the changes that have been made to the T&Cs, You may terminate the IO in accordance with the terms set out in the IO, which will reflect these T&C.
“Affiliate Account” is the account of the Affiliate which is set up once the Affiliate registers on the Website. The Affiliate Account is fully operational only once the Insertion Order has been signed and the Company has informed the Affiliate in writing that they can proceed.
“Affiliate Links” are internet hyperlinks used by the Affiliate to link the Affiliate Website(s) or third-party websites to the Company Websites.
“Affiliate Website” is any website, or other media platform with Our provided content which is maintained, operated or otherwise controlled by the Affiliate in accordance with the terms in the Insertion Order.
“Company Website(s)” is the Website, or other such Websites (including mirror websites) agreed upon between Us and the Affiliate. Additional Websites may be added to the Affiliate Program from time to time. Any additions made will be reflected in a revised Insertion Order (“Addendum”).
“Commission” is the compensation entitled to the Affiliate based on the agreed percentage of Net Gaming Revenue (“Revenue Share”), Cost Per Acquisition (“Cost Per Acquisition”), or other Reward Plan.
“Commission Structures” are reward structures expressly agreed between the Company and the Affiliate in the Insertion Order. However, these Commission Structures will only be applicable to specific Affiliates. “Confidential Information” means any information or data of any nature, tangible or intangible, in any format or medium, however recorded, preserved or disclosed and whether in physical, electronic, written, oral or other form relating to the Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, Products, strategies, databases, technology, personal information about Customers or other customers and users of the Company Websites, marketing plans and manners of operation, whether communicated orally, in written form or stored in any other media.
“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.
“Net Gaming Revenue” or “NGR” means all money received by the Company from Customers as placed bets:
(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 Depositing Customers referred to the Company Websites by the Affiliate Website(s).
In addition to the above, any Customers with a negative Net Gaming Revenue will not be paid out by the Company.
“Customer(s)” means a newly registered customer on the Websites of the Company who made a deposit (“New Depositing Customer” or “NDC”) or a Customer who has already been registered with the Company Websites and made their first deposit (“First Time Depositing Customer” or “FTDC”) through the Affiliate Links amounting to the applicable minimum deposit required on the Company Websites, in accordance with the applicable terms and conditions of such Websites.
The Affiliates, their employees, their relatives, and friends will not be considered as Customers.
“Parties” means the Company and the Affiliate (each referred to individually as a “Party”).
“Payment Agent” means any third party appointed by the Company to carry out on its behalf and to make payments to the Affiliates. “Personal Data” means any personal information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.
“Products” means the betting and gaming products offered by the Company. “Reward Plan” means any financial model agreed between the Parties to compensate the Affiliate for its marketing activities on behalf of the Company
5.1. Registering as an Affiliate: 5.1.1. To become a member of the Affiliate Program You must register on the Website to create an Affiliate Account and accept these T&Cs When registering on the Website, you will also need to tick the box which confirms that You have read and accepted these T&Cs.
5.1.2. The Affiliate Account will be created if the Affiliate, according to the Company has passed all necessary criteria. It is at the Company’s sole discretion in determining whether to accept the registration of an Affiliate Account. Once a decision has been taken, We would notify You on Your registration email as to whether or not Your Affiliate Account has been opened successfully. You are to understand that the decision taken by Us in relation to the above is final.
5.1.3. Once the Affiliate Account has been created and is active on the Website, the Affiliate will enter into an Insertion Order to complete the registering and onboarding process.
5.1.4. It is YOUR SOLE OBLIGATION to ensure that any information You provide Us when creating the Affiliate Account is correct and always kept up to date.
5.2. Affiliate Account login details:
5.2.1. It is Your sole obligation and exclusive responsibility to ensure that login details of Your Affiliate Account including Your Affiliate Account User ID (“User ID”) are always kept safe and confidential. Your details are to be kept secure to deter any unauthorised use of Your Affiliate Account. These details are not to be shared with anyone, if these are shared with other individuals You would be jeopardizing the security of the data making up Your Affiliate Account.
5.2.2. In the case of unauthorised disclosure of Your Affiliate Account details, whether such activity was undertaken by You or not, You are held solely liable for any and all activity carried out under Your Affiliate Account. In the case of security breaches or suspicions that have come to Your attention, including the unauthorized disclosure of Your Affiliate Account, You are to immediately contact Us.
6.1. Usage of the Affiliate Account:
6.1.1. The Affiliate Program is intended for Your direct participation only.
6.1.2. An Affiliate Account cannot be opened for a third party or for brokering purposes.
6.1.3. You cannot create multiple Affiliate Accounts. However, in the case of multiple products or sub-products, We can agree on multiple accounts only with the prior written consent and the required verifications.
6.1.4. Affiliates who engage other affiliates (“Super Affiliates”), will be able to create Affiliate accounts for these affiliates on the Website by means of an invitation. However, the Company will verify and validate these Affiliate Accounts before they are fully active on the Website.
6.1.5. Affiliate Accounts cannot be transferred to third parties. However, the Affiliate is to discuss with the Company if the need arises for a transfer to be made. The Company is at its sole discretion to decide whether such transfer can take place. Moreover, the Company can apply any additional verification processes before deciding on the transfer of the Affiliate Account to a third party.
6.1.6. 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 Insertion Order and the Company’s instructions.
6.1.7. You will ensure that all activities taken by You under the Insertion Order will be in the Company’s best interest and will in no way harm the Company’s reputation or goodwill.
6.1.8. You may link to the Company Websites using the Affiliate Links or other such materials as We may from time to time approve. This is the only allowed and acceptable method by which You may advertise on Our behalf.
6.2. The Affiliate Website:
6.2.1 You ARE SOLELY RESPONSIBLE for the operation, development, and the maintenance of the Affiliate Websites, including for all the materials which will appear on such Websites.
6.2.2 You are to, at all times ensure that the Affiliate Website is compliant with all applicable laws in relation to the Protection of Personal Data, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
6.2.3 The Affiliate Website is also to be compliant with any applicable laws in relation to Cookies (“Cookies”).
6.2.4 You furthermore are to ensure that the Affiliate Website is fully functional and accessible.
6.2.5 The Affiliate Website cannot be presented in a manner to cause confusion to the Affiliates. It is to be made clear that the Affiliate Website is separate from the Company Websites. Furthermore, it is to ensure that the Company does not have any links with, ties with or ownership of the Affiliate Website.
6.2.6 The Affiliate Website cannot contain any defamatory, discriminatory, or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory, or pornographic materials or content which would be considered as unlawful).
6.2.7 You will not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Company’s Websites.
6.3. Unsuitable Websites:
6.3.1. 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).
6.3.2. 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.
6.4. Affiliate Links:
6.4.1. The Affiliate Links shall be displayed, at least, as prominently as any other sales link on the Affiliate Website.
6.4.2. You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program.
6.4.3. It is strictly forbidden to mask or hide Affiliate Links.
7.1. Affiliates who provide to the Company with Customers for them to successfully register on the Company’s Websites cannot be associated with the Affiliates, such as family members or associates. These actions will be considered as fraudulent and not in good faith. Any Customer who falls into this category will not be accepted by the Company.
7.2. As an affiliate You should not provide the Company with Customers who are associated with bonus abuse, abuse of remote gaming websites, money laundering or fraud. The Company always monitors and verify the Customers before they can register on the Company’s Websites. You are to immediately notify the Company if such information has been brought forward about these Customers.
7.3. Any Customer found to be a bonus abuser, money launderer, fraudster whether You have notified Us, or was discovered later by Us, does not count as a valid Customer in accordance with these T&Cs and the Insertion Order. In this instance, no Commission shall be payable in relation to such Customers.
8.1. Before any Emails or SMS communications are sent to Customers which include any of the Company’s Intellectual property or are means to promote the Company’s Website, You are to obtain the Company’s permission.
8.2. If permission has been granted by the Company, You must ensure that You have acquired every Customer’s explicit consent to receive marketing communications in the form they will be received by the Customer.
8.3. It is to be clarified that all marketing communications will be sent by You and not by the Company.
9.1. Any use of the Company’s Intellectual Property Rights must be in accordance with any guidelines issued to You from time to time.
9.2. You will not register domain names, as well as, search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other referral service which are identical to any of the Company’s trademarks or otherwise include the Company trademarks.
9.3. You may not bid on keywords or search terms related to the Company’s trademarks.
10.1. You will not use any advertising layouts or designs (including banners, images, logos) incorporating Our Intellectual Property unless the advertising layouts or designs where provided to You by Us or, if advertising layouts are created by You, the advance written approval of the Company is needed.
10.2. You will not modify the appearance of any advertising that has been provided to You or for which approval was granted by the Company.
10.3. It is Your responsibility to seek approval from the Company in time for launch of any advertising campaign or designs, to ensure You have written approval from the Company in relation to advertising, and to be able to evidence such approval upon request.
11.1 You will not be offered any cash-back, value-back or similar programs, other than the programs offered on the Company Websites.
12.1 The notion of responsible gaming and prevention of gaming addiction are emphasised on the Company Websites.
12.2 You agree to actively cooperate with these notions portrayed on the Company Websites to convey a responsible gaming message. Most importantly, You will not target persons who are under the age of eighteen (18) years or those who have not reached their legal gambling age, in accordance with the national law of the country.
13.1 As an Affiliate, You are not allowed to target any countries where gaming is considered as an illegal activity. You will act in accordance with the relevant and applicable laws at all times.
13.2 You are to acknowledge that by promoting and targeting any countries where gaming is considered as illicit and an illegal activity, You will be breaching the T&Cs and it will lead to the immediate closure of the Affiliate Account by the Company.
14.1. The following, in addition to the above, are to be considered as additional obligations of the Affiliate:
14.1.1. You shall be solely responsible for all risk, costs and expenses incurred by You in meeting Your obligations under the Insertion Order;
14.1.2. You will immediately provide the Company with all the required assistance and provide such Company with all information as is requested to monitor Your activity under the Affiliate Program;
14.1.3. The Affiliate agrees to immediately, upon request by the Company, return all Commissions received based on New Depositing Customers referred to the Company in breach of the IO or relating to fraudulent or falsified transactions.
15.1. The Company agrees that during the period of the applicability of the Insertion Order, the Affiliate has been granted a non-exclusive and non-assignable right to direct Customers to the Company Websites.
15.2. If the Commissions, which were based on the Customers referred to such Company, where received by You due to a breach in the Insertion Order or due to fraudulent or falsified transactions, upon the request made by the Company, You are to return all the Commissions received. In addition to the above, You shall have no claim towards Commissions or other forms of Compensation which are not entitled by You.
15.3. The Company grants You a non-exclusive, non-transferable licence, during the term of this IO, to use the Company Intellectual Property, 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 the Company. This licence cannot be sub-licensed, assigned or otherwise transferred by You.
16.1. We shall use Our best efforts to provide You with all materials and information required for necessary implementation of the Affiliate Links.
16.2. We shall register any Customers directed by You to the Company Websites at Our sole discretion. Furthermore, We reserve the right to refuse Customers or close their accounts on Our Company Websites in order to comply with necessary requirements which We may establish periodically.
16.3. The following personal data of the Affiliate will be processed by the Company:
16.3.1. Username
16.3.2. First and Last Name
16.3.3. Email address
16.3.4. Mobile phone number
16.3.5. Skype User Name
16.3.6. Company Name (if applicable)
16.3.7. Affiliate Website
16.3.8. Any Additional Information
The above information is collected to further enhance the business relationship between the Company and the Affiliate and for security purposes. This information would be initially provided by the Affiliate during the registration of the Affiliate Account.
16.4. Commission would be applied in accordance with the terms in the Insertion Order.
16.5. For the purposes of the Services delivered to You in accordance with the T&Cs and the Insertion Order, the Company will not provide access to the Affiliate of the Personal Data of the Company’s Customers.
17.1. In case of a breach or a suspected breach by the Affiliate of the T&Cs and/or the Insertion order, negligence in performing under the Affiliate Program or the failure to meet Your obligations, the Company shall have the right to:
17.1.1. suspend Your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Insertion Order. During the period of suspension, payments of Commissions is also suspended;
17.1.2. withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, content or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Insertion Order;
17.1.3. withhold from the Commission monies which the Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of the Company which arises as a result of the Affiliate’s breach of the Insertion Order;
17.1.4. suspend an Affiliate account or terminate such Affiliate account once investigation period has ended;
17.1.5. impose any necessary limits on the Affiliate Account during the investigation period or after if the need arises;
17.1.6. immediately terminate the Insertion Order.
17.2. Your Affiliate Account may also be suspended or terminated after the investigation period due to the following:
17.2.1. disclosure of the details of the Affiliate Account have been provided to third parties; 17.2.2. access to such account has been provided to a third party;
17.2.3. misrepresentation of Your Affiliate Account details;
17.2.4. the Affiliate who created the Affiliate Account has not reached the age of majority; 17.2.5. You utilise the Services being provided to facilitate crime or money laundering.
17.3. The rights and remedies listed are not mutually exclusive and are not exhaustive.
18.1. The Commission will be subject to Your adherence to the provisions of the Insertion Order.
18.2. Further information will be provided and agreed upon in the Insertion Order.
18.3. The aforementioned Commission could be reduced by the Company due to the following:
18.3.1. the Affiliate substantially reduces its efforts to promote the Company and/or;
18.3.2. legal/regulatory changes to a market and/or;
18.3.3. the affiliate does not generate the requested amount of Customers for a period of time. The above are not mutually exclusive and are not exhaustive and additional or specific reasons can be added in the Insertion Order, depending on the agreement between the Company and the Affiliate.
18.4. The Affiliate is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices. 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 underpayments or reclaim overpayments made to the Affiliate.
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.
18.5. 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 IO.
18.6. All payments to the Affiliate shall be made by a Payment Agent appointed by the Company, unless made by the Company itself. Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. The Company remains exclusively responsible for the payment of any amounts due in accordance with the applicable statutory expiry periods.
18.7. The Affiliate 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.
19.1. During the term of the IO, You may from time to time be entrusted with Confidential Information relating to Our business, operations, or underlying technology and/or the Affiliate Program.
19.2. You agree to avoid disclosure or unauthorized use of any such Confidential Information to third persons or outside parties unless You have Our prior written consent.
19.3. You also agree that You will use the Confidential Information only for the purposes of the IO. Your obligations in regard to this clause shall survive the termination of the Insertion Order.
19.4. 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).
20.1. The term of the agreement will begin when You sign the Insertion Order (“Effective Date”). Once You are approved as an Affiliate, therefore the date when the Company notifies You that Your application has been successful, You would be contacted to enter into the agreement with the Company.
20.2. The Company and the Affiliate may terminate this agreement as professed in the Insertion Order.
20.3. Additional information in relation to the term and the termination will be found in the Affiliate’s signed Insertion Order.
21.1. You shall indemnify and hold the 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:
21.1.1 any breach by You of any provision of the Insertion Order;
21.1.2 the performance of Your duties and obligations under the Insertion Order;
21.1.3 Your negligence
21.1.4 any injury caused directly or indirectly by Your negligence or intentional acts or omissions, or the unauthorized use of our designs and links or this Affiliate Program.
21.2. 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 Insertion Order or the Affiliate Program.
22.1 OTHER THAN AS EXPLICITLY STATED IN THESE T&CS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE WHICH IS PROVIDED TO YOU ON AN ‘AS IS’ BASIS AND WE PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ITS QUALITY, COMPLETENESS OR ACCURACY. REGARDLESS OF OUR EFFORTS, WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, AND ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTED IN A SHORT PERIOD OF TIME.
23.1 Our failure to enforce Your strict performance of any provision of the Insertion Order will not constitute a waiver of Our right to subsequently enforce such provision or any other provision of the IO.
24.1 The Company and the Affiliate are independent and nothing in the Insertion Order 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 Affiliate Website or otherwise, that would contradict anything in this Insertion Order.
25.1 Neither Party shall be liable to the other for any delay or failure to perform its obligations under the Insertion Order 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, pandemic, epidemic, 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 Insertion Order with immediate effect by providing a written notice.
26.1 You may not assign the IO, by operation of law or otherwise, without Our prior written consent of the Company.
27.1 If any provision of the Insertion Order 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 Insertion Order or any provision hereof.
28.1 The Insertion Order was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.
29.1 If both Parties agree that new provisions are to be added in the Insertion Order, an Addendum will be added to portray the necessary changes which both Parties agreed to. 29.2 The fully signed Addendum will constitute a binding acceptance of the amendments made.
30.1 This Insertion Order and T&Cs will be governed by and construed in accordance with the laws of Malta.
30.2 Any dispute, controversy, or claim arising out of or in connection with this Insertion Order, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Arbitration Act Malta.