Terms and conditions

Updated: 22nd November 2017
Version number: 171122

Bingocams Partners Affiliate Program Terms & Conditions



The following are the complete terms and conditions for the Bingocams Partners Affiliate Program. Please read this Agreement carefully and completely.



BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.

Bingocams, BrightBingo and PlaySunny are operated by Dazzletag Entertainment Limited and licensed by the British Gambling under license number 000-039358-R-319429-007

Dazzletag (Gibraltar) Limited has an agreement in place to provide marketing services as a joint venture with Dazzletag Entertainment Limited who own and operate the websites Bingocams, Bright Bingo and PlaySunny.

Dazzletag Entertainment Limited is licensed to provide remote casino and remote bingo facilities to customers in the United Kingdom by the Gambling Commission under License Number 000-039358-R-319429-007.

Dazzletag Entertainment Limited's registered address is Villa Seminia, 8, Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta. 

These terms and conditions constitute a legally binding agreement between: 'You', the 'Affiliate Partner' and Dazzletag (Gibraltar) Limited ('We' or 'Us' or 'Our').



1. Our Rights and Obligations



1.1 Register your Customers 



We will register Customers sent by you and will track their play. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. 'Customer' means Customers that use the link from your website to our websites (Bingocams, Bright Bingo and/or PlaySuny) and open an account with us. By opening an account with us, they will become our Customers and, accordingly, all Dazzletag Entertainment Limited terms, conditions, and operating procedures will apply to them.



1.2 Track Customers' Play



We will track players play and will provide you with remote online access to reports, stats of customer activity and the referral fees generated. 



1.3 Pay a Referral Fee



We will pay you referral fees based on the NET REVNUE (defined below) we earn from Customers directed from your site after they open an account with us and wager for real money.



1.4 Modification



We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion by posting a change notice or a new agreement on our site which we will notify you of. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, and Profit Sharing Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 



1.5 Suspending Operations 



Bingocams Partners reserves the right to operate its gaming websites in the manner it deems appropriate, including the right to alter, suspend or cancel the website or Bingo application at any time, with 3 days notice to the Affiliate. 



2. Your Rights and Obligations 



2.1 Linking to our website or Bingo application(s) 





By agreeing to participate in this Affiliate Program, you agree to create a unique link from your site to our website or our website(s). You may link to us with one of our banners. We will terminate this agreement immediately if there is any form of spamming or if you advertise our website(s) in any other unauthorized way. Only banners or text supplied by Bingocams Partners may be used to link to our sites. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations. 



2.2 Keyword, Clone or Spam Abuse 





Affiliate Partners are prohibited from purchasing keywords and/or registering or using URLs with Keywords that are identical to any of our product or brand terms or any of their variations solely or as part of any phrase, intended to be used as search terms or any other identifiers by Search Engines, Portals, Sponsored Advertising services or any other Search or Referral services. 

Affiliates Partners are not permitted to use any of our product or brand terms, or any of their variations as Metatag Keywords on Affiliate Partner websites. We also do not allow websites that ‘clone’ the look and feel of any of brands. If an Affiliate Partner is found ‘brand bidding’, we retain the right to retract the commissions paid to them at any time. Our decision in this regard will be final and no correspondence will be entered into. 

We reserve the right to retain all amounts, either current or future, due to affiliates breaching this clause under this Agreement if we have reasonable cause to believe that such traffic has been caused with the Affiliate Partner's knowledge. Following this, there will be a warning email issued to the Affiliate Partner in question, and if they continue to defy this clause, their affiliate account will be shut down permanently. We do not allow hits from spamming or listing on newsgroups, or any other fraudulent method. In the event that any of the above conditions exist, we will invalidate all current traffic and terminate your account without notice. 



2.3 Agency Appointment 





By this Agreement, we grant you the non-exclusive right to direct Customers to our website and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you. 



2.4 Approved Layouts 





Without our prior written approval, you will only use our approved banners and offers and will not alter their appearance. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners from Bingocams Partners that have been uploaded to your server. 



2.5 Good Faith 





You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic. 



2.6 Responsibility for Your Site 





You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. 



2.7 License to use Marks 





We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Bingocams Partners and its website and Bingo application(s) intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. 

The Affiliate Partner shall use its best efforts to ensure that the intellectual property marks and any other promotional material provided to the Affiliate Partner by us is up to date at all times, including prompt compliance with any requests by us to remove and/or update any Promotional Material.



2.8 Confidential Information 





During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Bingocams Partners and/or the Profit Sharing Program (including, for example, referral fees earned by you under the program). You agree to never to disclose or use unauthorized the Confidential Information to third persons or outside parties unless you have our prior written consent. You will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement. 



3. Commission Fee Schedule



3.1 Revenue Share



Affiliates will earn revenue sharing referral commission based on the Net Revenues of their customers.

For more detail please see program 

Net Revenue is calculated as GROSS GAMING REVENUE minus PROCESSING FEES (15%) and TAXATION COSTS

Gross Gaming Revenue is calculated as TOTAL AMOUNT WAGERED minus TOTAL AMOUNT WON minus any BONUS CASHED OUT (unlocked) and/or PROMOTIONAL CREDITS

PROCESSING FEES are calculated at 15% of the Gross Gaming Revenue and include our regulatory and payment costs.

TAXATION COSTS are calculated in accordance with HMRC remote gaming tax rates.

These fees are paid for an indefinite period of time and as long as this Agreement is in force.

We do not automatically make commission payments less than £50 per payment. If £50 in Affiliate Commissions are not achieved in any given month, the earned amount will be carried over to the next calendar month and continue to accumulate until £50 is generated. 

The Affiliate Partner shall bear all costs and expenses incurred in connection with its advertising and promotion of our products. 

The Affiliate Partner shall be responsible for payment of all taxes due under any applicable law on commission payments and referral fees made to it by Bingocams Partners. 



3.2 Chargebacks/Fraud



A chargeback is defined as an uncollectible receivable from a card payment as a result of customer non-payment or fraudulent credit card use. Fraud is defined as an uncollectible credit card charge because of fraudulent activity. Deposits made by Customers that become subject to Fraud or Chargebacks will be deducted from the Net Revenues



3.3 Multiple Accounts


Affiliates are allowed to have multiple reseller accounts. The total amount payable will be the mathematical sum of the individual accounts. (E.g. if one account carries a negative balance it will be deducted from total payable.) 



3.4. Changes to Commission Fee Structure


We reserve the right at all times to revert bespoke Commission Fee Structures to our standard revenue share program as displayed on program. In case we revert to our standard program we will inform the Affiliate Partner about this and reasons for the changes. In case regulatory changes do not allow us to continue to operate in a certain jurisdiction, we reserve the right to revert to an emergency Commission Fee Structure. 



4. Fee Payment


We will pay your referral and bounty fees on a monthly basis in arrears, by the 15th day of the following month. All payments will be due and paid in GBP or EUR 



5. Term and Termination 



5.1 The term of this Agreement



The Term of this Agreement will begin when you create a unique link to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. If in any given consecutive 3 months you don’t send new first time depositors to Bingocams Partners, your account might be terminated. An email notification will be sent. 



5.2 Upon termination:



You must remove all of our banners/icons from your site and disable the link from your site to ours. 

All rights and licenses given to you in this Agreement shall immediately terminate. 

You will be entitled only to those unpaid Referral Fees, if any, earned by you on or prior to the date of termination. You will not be entitled to Referral Fees with respect to play occurring after the date of termination. 

If you have failed to fulfil your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. All security reserves will be held for 12 months. Reserves will be released after 12 months upon review of the account. 

If we continue to permit play from Customers that were referred by you after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.



5.3 Unsuitable Sites



WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are cloned Bingocams websites that mislead users, or websites aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights. 



5.4 Accepted Jurisdictions 



Bingocams Partners only accepts players from the following jurisdictions: United Kingdom.



5.5 Commercial Use 



This marketing opportunity is for commercial use only. You, your family members, friends or associates may not make deposits directly or indirectly through your Tracker for your own personal use or to fraudulently increase the Referral Fees payable to you. If you wish to make test transactions to evaluate the system the please contact info@bingocamspartners.com. You are not permitted to offer Cashback to our players as an incentive for them to deposit through your Tracker. If we have reason to suspect a breach of this term, fraudulent behavior or player collusion then we reserve the right to terminate this Agreement and/or without any fees due to the Affiliate Partner. 



6. Relationship of Parties



You and us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 reasonably would contradict anything in this paragraph. It is prohibited for webmasters to play on Bingocams Partners games. If we see suspicious proceedings, we preserve the right of removing you immediately from our affiliate program without any confirmation. In case we have had to remove you due to fraudulent behaviour, all Referral Fees payable will become null and void with immediate effect. 



7. Indemnity



You shall defend, indemnify, and hold BingocamsPartners.com, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or d) the unauthorized use of our banners and links. 



8. Disclaimers



We make no express or implied warranties or representations with respect to the Affiliate Program, BingocamsPartners or Referral Fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors. 



9. Limitation of Liability



We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total Referral Fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Any liability arising under this Agreement shall be satisfied solely from the Referral Fee generated and is limited to direct damages. 



10. Independent Investigation 



YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 



11. Miscellaneous 



11.1 Governing Law

 

This Agreement will be governed by the laws of Gibraltar, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Gibraltar and you irrevocably consent to the jurisdiction of its courts. 



11.2 Assignability and Enurement 



You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns. 



11.3 Non-Waiver 



Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement. 



11.4 Remedies 



Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise. 



11.5 Severability/Waiver



Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this 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 this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective. 



IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.
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