TERMS AND CONDITIONS OF THE AFFILIATE PROGRAM
General provisions and definitions
1.1. These Terms and Conditions of the Affiliate Program (the “Agreement”) govern the terms and conditions for the usage of Affiliate Program (as defined below) TERMINUS PLATFORM PERU, S.A.C., (hereinafter 1XBET, ), a company domiciled at Calle Grimaldo del Solar No. 162, Suite 902, Leuro, Miraflores, Lima, authorized by the Ministry of Foreign Trade and Tourism of Peru (hereinafter, MINCETUR) to develop and operate gaming activities in Peru, owner of the domain www.1xbet.pe , (the “Company”).
1.2. In this Agreement the following terms shall have the following meaning:
Advertising materials are text, graphic, audio, video and mixed materials of an advertising nature, which serve to promote the Company's products on the Internet.
Affiliate is a webmaster (individual or legal entity) who subscribes to and fulfills the conditions of the Affiliate Program.
Affiliate Account is a personal account of the Affiliate in the Affiliate Program.
Affiliate Program is a type of cooperation between the Company and the Affiliate, which is regulated under this Agreement and implemented through a website partners.1xbet.pe, in which the Affiliate using its Resources advertises the Company’s Products and receives Earnings defined below in return.
Company’s Brand is a set of components that distinguish the Company from the rest, making it easily recognizable among users. The Company’s Brand is for the purposes of this Agreement is 1XBET.
Company’s Products are the service or a set of services offered to the users on the Website.
Earnings are monetary rewards received by the Affiliate as a commission for transactions performed by users redirected by the AFFILIATE to www.1xbet.pe from its site or websites.
New users are the users who previously had no player account on the Company’s Website, and who were attracted by the Affiliate to the Company's Website through special tools, have registered a player account on the Company’s Website and made the first deposit.
Resources are Affiliate’s internet informational resources, including, but not limited to, its websites, social networks, instant messengers, etc.
Referral link is a link to the Company’s Website which contains the unique identifier of the Affiliate.
Payment is a payment of Earnings, which is transferred to the Affiliate from the internal account of the Affiliate Program via an external payment system.
Website is https://1xbet.pe (Peru) operated by the Company.
1.3. By accessing and using the Affiliate Program, the Affiliate confirms that it has read, understood and agreed to this Agreement. m.
1.4. Only a user aged 18 and older can become the Affiliate and fulfill the conditions of the Affiliate Program.
The Company shall not be liable to third parties for Affiliate’s failure to comply with the clause on minimum age. If this clause is violated, the Company shall have the right to refuse payment of the Earnings to the Affiliate and freeze its Affiliate Account.
1.5. The Affiliate shall bear the full responsibility for the security of login credentials for the Affiliate Account, including the storage of login and password. The Company shall not be responsible for the loss of login credentials by the Affiliate and/or their transfer to any third party.
1.6. Through the Affiliate Program, the Company reserves the right to refuse to cooperate with any Affiliate, while the Company is not obliged to substantiate its refusal.
1.7. The Company has the right to make any changes to this Agreement and revise the conditions of cooperation with Affiliates. Wherever possible, the notice of any significant changes shall be sent to the email address or via another source of communication provided by the Affiliate in the Affiliate Account.
The valid version of the Agreement shall be the version that is published on the Affiliate Program on partners.1xbet.pe
1.8. The Affiliate can register with the Affiliate Program only once, and any re-registration, including, but not limited to, as a sub-affiliate, is strictly prohibited.
Placement of Advertising materials
2.1. The cooperation with the Affiliate as part of the Affiliate Program implies the placement of Advertising materials on the Resources.
2.2. When placing the Advertising materials as part of the cooperation with the Company, the Affiliate shall strictly comply with the laws applicable in the country of placement of Advertising materials, the requirements of regulators and ethical standards.The Affiliate undertakes to use only Advertising materials that have been moderated and approved by the Company.
2.3. When an Affiliate prepares their own Advertising materials, it is imperative for the Affiliate to provide such Advertising materials for moderation and approval to the Company. In case of violation of this clause 2.3, the consequences specified in clause 2.9 below shall apply.
2.4. The Affiliate agrees to monitor the relevance and accuracy of the Advertising materials placed on its Resources (websites, social networks, instant messengers, etc.). *
Irrelevant and prohibited Advertising materials are:
- incorrect conditions for promotions, bonuses and special offers;
- outdated creatives;
- Advertising materials containing an irrelevant Company’s Brand;
- Advertising materials that use the Company’s Brand and which contain links to competitors' websites. In case of such a violation, the Company shall have the right to immediately review the terms of the Agreement with the Affiliate, while reserving the possibility of blocking its Affiliate Account.
2.5. The Affiliate shall be fully and solely responsible for the operation and content of the Resources where the Advertising materials are placed.
2.6. The Affiliate guarantees and undertakes to prevent placing on its Resources any materials that are slanderous, subject to age restrictions, illegal, harmful, threatening, obscene, racially or ethnically intolerant, or otherwise undesirable or discriminatory, violent, politically incorrect or otherwise contradictory to or violating the rights of the Company or the rights of third parties.
2.7. The Affiliate can not place any Advertising materials promoting the Company’s Website in any countries apart from Peru.
2.8. The Affiliate cannot use motivated (including schematic) traffic.
2.9. The Company shall not be responsible for any claims of third parties related to the Resources and/or any products and/or services related to the Resources.
If the Advertising materials found on the Resources violate this Agreement, a warning shall be sent to the Affiliate with a request to replace such Advertising materials. The Affiliate agrees to fix the occurred violation within 5 (five) business days.
If the matter remains unresolved during the specified term, then, through the Affiliate Program, the Company reserves the right to block Payments to the Affiliate until the violation is fixed.
In a case of regular violation of this clause of the Agreement, the Company, through the Affiliate Program, shall have the right to revise the terms of cooperation with the Affiliate, including, but not limited to, blocking and/or suspending the Affiliate Account.
Sources of traffic
3.1. When registering, the Affiliate agrees to provide comprehensive information about the sources of traffic it intends to use in cooperation with the Company.
3.2. The Affiliate shall be held liable for any intentional concealment of sources of traffic. These actions may lead the Company, through the Affiliate Program, to enact punitive action which could include, but are not limited to, blocking of Payments and revising the terms of cooperation with the Affiliate.
3.3. The Company shall have control over the compliance of the sources of traffic used by the Affiliate. The Affiliate can contact Affiliate Program Support for clarification.
Restrictions on the use of the Company’s intellectual property objects
4.1. The Affiliate is forbidden from fully or partially copying the appearance of the Website or individual landing pages of the Company’s Brand. In addition, the websites or landing pages of the Affiliate shall not give the impression that they are managed or connected with the Company’s Brands.
4.2. The Affiliate shall not have the right to use the logos, graphics and Advertising materials of the Company without the consent of the Company’s, except for materials that are received as part of the Affiliate Program.
4.3. The Affiliate agrees not to register and/or use in part of the website’s address (domain), its internal pages and mobile applications, any variation of the Company’s Brand, which includes or consists of the Company’s Brand name or which to an extent of confusion is similar to the Company’s Brand. The Affiliate agrees with the Company's right to determine any breach of this clause 4.3.
4.4. The Affiliate shall not have the right to acquire/register/use keywords, search queries or other identifiers for use in any search systems, portals, advertising services or other search/reference services that are identical or similar to the Company’s Brand. These include meta tags on the Affiliate’s Resources that are identical or similar to any of the Company's Brand.
The Affiliate shall not have the right to create pages and/or groups on any social networks (including, but not limited to Facebook, Twitter, etc.) that may be misinterpreted as pages or groups of the Company and/or Company’s Brand.
The Affiliate also agrees not to create or distribute mobile or web applications, as well as websites that may be misinterpreted as applications or websites of the Company and/or Company’s Brand.
4.5. In case of breach of clause 4.1 - 4.4 of this Agreement, the Company shall have the right to review the terms of cooperation with the Affiliate, including, but not limited to, canceling Payment and/or blocking and/or suspending the Affiliate Account
Competition
5.1. The Affiliate agrees not to place Advertising materials and not to distribute Advertising materials on behalf of the administration, managers or other employees of the Company and, in particular, the Affiliate Program.
5.2. The Affiliate shall not have the right to contact potential customers in any way that will result in competition between the Affiliate and the Company as to the promotion of the Websites.
5.3. As means of advertising the Company, the Affiliate is prohibited from using mail spam, contextual advertising with the Company’s Brand and advertising formats such as clickunder and popunder.
5.4. The Affiliate agrees that it will not offer or provide incentives (financial or other) for registering, making a deposit or taking any action to any potential New users of the Company without the prior written consent of the Company as part of the Affiliate Program, except for standard advertising programs that the Company may from time to time provide through the Affiliate Program.
5.5. The Affiliate is forbidden to register its own player account on the Website through its Referral link, as well as to conspire with other users.
5.6. The Affiliate is prohibited from using cookie-stuffing, namely:
- opening the Website in iframe of size zero, as well as in the invisible zone;
- implementing tags, cookie scripts and other similar manipulations.
5.7. The Affiliate is prohibited from using view-through attribution model as to the promotion of the Company's applications.
5.8. In case of violation of cl. 5.1 - 5.7 of this Agreement, the Company reserves the right to revise the terms of cooperation with the Affiliate, including, but not limited to, canceling Payment and/or blocking and/or suspending the Affiliate Account.
Confidential information
6.1. During the term of this Agreement, the Affiliate may be provided with confidential information related to the business of the Company, operations, technologies and the Affiliate Program (including, for example, Earnings and other commissions received by the Affiliate as part of the Affiliate Program).
6.2. The Affiliate agrees not to disclose or transfer any confidential information to third parties unless the Affiliate has prior written consent from the Company. The Affiliate shall use confidential information only to achieve the objectives of this Agreement. The Affiliate's obligations regarding confidential information shall survive after the termination of this Agreement.
6.3. In case of violation of cl. 6.1 - 6.2 of this Agreement, the Company shall have the right to terminate the Agreement with the Affiliate and apply penalties in accordance with applicable laws on protection of the confidential information.
Earnings for attracting New users
7.1. Earnings of the Affiliate shall not have a fixed value and will depend on the income of the Company received from New users who have registered by the Referral link of the Affiliate, as well as on the quality of traffic. The Earnings are formed from fully calculated events. Income from events that have not yet been calculated will be withheld until full settlement (hold).
7.2. Immediately after registration, each new Affiliate receives Earnings in the amount of 40 (forty)% of the net profit of the Company received from New users attracted by the Affiliate for 3 (three) calendar months. Upon the expiration of the specified period of 3 (three) calendar months, the amount of the fee will be from 25 (fifteen)% of the net profit of the Company received from New users, with the possibility of increasing the fee percentage depending on the number of New users attracted, up to 30(thirty)%, 35 (thirty five)% and 40 (forty)%. The Affiliate can revise the conditions for increasing the amount of the fee with the representative of the Affiliate Program.
7.3. If within 3 (three) consecutive calendar months the Affiliate has not attracted more than 3 (three) New users, the Company shall have the right (but is not obliged) to change the terms of cooperation with the Affiliate, including reducing the amount of fee to be received by the Affiliate, or suspending the operation of the Affiliate Account.
In turn, the Affiliate’s active actions in promoting the Company's Brand may become an occasion for improving the conditions of cooperation, in particular, increasing the amount of the Earnings. The Affiliate will be notified thereof by letter to the email address provided in the Affiliate Account.
7.4. The Affiliate is solely responsible for payment of any and all taxes resulting from receiving the Earnings under the Affiliate Program subject to the laws and regulations of jurisdiction where the Affiliate is the official tax resident. The Company is not responsible for deducting any tax due from the Earnings before proceeding with Payment to the Affiliate.
Fee Payment
8.1. Payment of the invoiced commissions will be made on the 25th day of each month (or first subsequent business day, if the 25th day was a Saturday, Sunday or bank holiday) in which the commissions will be generated, provided always that:
- the Affiliate has previously agreed the payment details with the representative of the Affiliate Program, and
- the Earnings exceeded the minimum Payment value of 50€ (fifty euros)
If the Affiliate does not have the above mentioned minimum requirements in its Affiliate account, then the Earnings will be automatically transferred to the next period, and so on, until the required requirements of clause 8.1 are met. A negative balance is also carried over to the next month.
8.2. The Company shall have the right to delay Payments to the Affiliate for up to 2 (two) months in case of unforeseen technical failures in the Affiliate Program, as well as if it is necessary to verify the Affiliate and its traffic sources. In case of delay in the Payment, the Affiliate may clarify the reasons with the representative of the Affiliate Program by accessing contact Affiliate Program Support
Dispute settlement procedure
9.1. The Affiliate may challenge any decisions of the representatives of the Affiliate Program. For this purpose, the Affiliate shall contact Affiliate Program Support and state its arguments.
9.2. All information shall be provided by the Affiliates only in writing to the official e-mail of contact Affiliate Program Support.
9.3. The Company shall have the right to refuse to consider a complaint if the Affiliate fails to provide evidence of the absence of a violation.
9.4. The term for consideration of a complaint shall be 14 (fourteen) business days from the date of its receipt.
9.5. Subsequent to considering the complaint, any decisions made by the Company regarding the Affiliate Program are final and not subject to revision. The Company reserves the right to delete any communications containing profanity, insults, incitement to violence or false accusations, and, to duly suspend cooperation with the Affiliate responsible for sending such communications.