INTRODUCTION
By accepting the Terms and Conditions set out below you agree to initiate a connection between the
88StarPartners.com website and your site/sites, using trackable promotional materials provided by us in return
for the agreed benefit.
1.SIGNING UP TO THE AFFILIATE PROGRAMME
To become an affiliate of the 88Star
Partners Affiliates Programme you should register as an affiliate by completing the online application form.
The information you provide in your online application form must be genuine and complete in order that it is
taken into consideration for approval. We may decide not to accept your request after considering it
incomplete, irrelevant, or not genuine in any aspect.
Should your application be approved, you will be
informed about this by an email of confirmation sent to the email address you provided in your application
form with a username and a password. The username and the password are yours and you shouldn’t provide
them by any means to a third party. The username and the password are unique to you and ensure that you will
access your Affiliate panel easily, allowing you to enter our banner gallery and decide on a banner of your
choice or use our reporting tool to track your commission growth.
We may refuse to approve your
application to join the affiliate programme.
88Star Partners does not allow employees or persons, related
to them, to participate in 88Star Partners Affiliate Programme.
2.OUR RIGHTS AND OBLIGATIONS
subject to Clause 3.1:
We will register Customers and track their transactions. Once registered the
Customer becomes our customer and must accept all our rules, policies and operating procedures.
We will
pay you Commission in accordance with Clause 4 below.
We will use our reasonable endeavors to provide you
with password protected access to a report in the Affiliate Area shows the Net Revenue of Customers across Our
Products.
We will use our reasonable endeavors to: tag the identity of all Visitors; record all bets and
stakes made by Customers; record the history of payments of Commission made to you.
IF YOU DECIDE NOT TO
ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNER CODE, TEXT LINK CODE,
PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO 88Star Partners.
We reserve the right to terminate this
Agreement if we determine that your site is unsuitable. Unsuitable sites may include those that: promote
sexually explicit materials, are targeted towards children or minors, promote violence, promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation, promote illegal activities, or
violate intellectual property rights (“IP rights”).
This Agreement sets all the terms and
conditions of membership to the 88Star Partners Affiliate Programme. “You”, the
“affiliate” refers to you, the individual, group or corporate entity registering with us as an
affiliate under this Agreement, and will be deemed to include any employees, officers, directors,
shareholders, owners, controlling parties and affiliated individuals and entities (and “your” has
a corresponding meaning).
3.AFFILIATE RIGHTS AND OBLIGATIONS
1. As an affiliate you can open and run only one affiliate account; odd accounts will be closed at our sole
discretion. As an Affiliate you are responsible for promoting 88Star Partners by implementing the advertising,
banners and tracking URL’s on your websites, e-mails or other communications.
2. You will agree to
register and maintain correct and truthful contact information with 88Star Partners.
3. You will present
only content and topics on your site which are pre-approved in writing by 88Star Partners. Content that is
deemed unsuitable in 88Star Partners’ sole discretion will result in the affiliate agreement being
terminated immediately. Content is deemed unsuitable in cases where it is aimed at individuals under the age
of 18 years.
4. You will be solely responsible for the development, operation, and maintenance of your
site and for all materials that appear on your site and at your own cost. For example, you will be solely
responsible for ensuring that materials posted on your site are not libelous or otherwise illegal or infringe
the IP rights of third parties. Since we do not have control over your own site, we disclaim all liability for
these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorney’s fees) relating to the development, operation, maintenance,
and contents of your site. This provision on indemnification is without prejudice to our separate action or
claim against you under applicable laws.
5. Affiliation Guidelines.
• Only approved and properly tagged creative materials, supplied by us
from time to time, may be used to promote 88Star Partners. Advertorials and personal endorsements are allowed
but all materials not designed by 88Star Partners must be approved in writing; such approval shall not be
unreasonably withheld.
• You may not modify or use for any other purpose any IP rights, banners or
other creative material supplied by us without the written prior consent of 88Star Partners. All copyright or
IP rights notices on any material supplied or approved by 88Star Partners must remain and not be modified or
eliminated.
• By agreeing to participate in the 88Star Partners Affiliate Programme, you are
agreeing to download banners, text or promotional material and place it on your site, utilize it within
e-mail, direct marketing using your affiliate URL or print. These methods are the only approved methods by
which you may advertise 88Star Partners’ products and services.
• Banners and links may not be
placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or using “bots”.
Traffic generated illegally will not be counted and may result in the termination of your affiliate account
with us.
• We will terminate this Agreement immediately if there is any form of spamming on your
behalf or if you discredit 88Star Partners through false advertising, written or uttered words.
•
Any claims, representations, or warranties in connection with 88Star Partners are prohibited and are not bind
to 88Star Partners or to any obligations.
• Without our prior written approval, you will only use
our approved banners and links and will not alter their appearance nor refer to us in any promotional
materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and
constitute the only authorized and permitted representation of 88Star Partners.
• You will not
knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually
causes 88Star Partners damage. Should fraudulent activity arise through a person directed to a site via your
link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will
be final and no correspondence will be entered. 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 affiliate commissions
with respect to such.
• Affiliates are prohibited from playing at any of the sportsbook/casino/games
promoted by 88Star Partners through their own affiliate link or from the affiliate link of an associate who
shares all, or part of the commission with the affiliate or a third party. This includes any individuals or
playing groups from which an Affiliate receives compensation or remuneration from of any kind. In the event of
violation of this section, 88Star Partners and the respective website that has been played with have the right
to void all play and eliminate any earned commissions applicable from such play and eliminate the affiliate
from our Affiliate Programme terminating this Agreement and void any future play at 88Star Partners.
6.
Affiliate Tagging
• You are only responsible for directing customers to the 88Star website.
• Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly
inserted into the affiliate site or not properly received by the 88Star server the resulting customer
registration and transactions will not be assigned to the affiliate. Therefore, it is the responsibility of
the affiliate to ensure that all links are properly tagged.
4.COMMISSIONS AND PAYMENTS
1. 88Star Partners will pay out a commission, as defined by 88Star Partners Affiliate Programme
commission structure, if your account maintains active monthly. In cases where there are no new active
wagering members within a 6 (six) months period, your account, with you notified, might be terminated and all
monthly commissions generated moving forward might be revoked.
2. Invoices must be received to us by the
10th of every month; failure to follow this procedure will result in the said invoice being settled in the
next payment cycle.
3. Active Wagering
Members refers to referrals, which have performed a minimum
deposit of 10 EUR
or equivalent (for e-wallet deposits), 25 EUR or equivalent (for credit card
deposits) and 100 EUR (for bank wires).
4. Commissions will be calculated only at the end of the month
and according to the total revenues generated during the given month. Commissions are paid once per month
only.
5. Commissionable Earnings are calculated as 88Star Partners profit, less charge-back,
complimentary money, free money offers, and other incentives offered to the customer.
• Charge-back:
A credit card holder discovers irregular transactions made on his/her Credit/Debit Card, which was not
authorized by him/her. The credit card holder then requests his/her bank to reverse these charges. Charge
backs relate to fraudulent use by a third party of the credit card holder’s card or card number.
• Should the player process a charge back, the disputed or charged-back revenue generated by yourself
will be forfeited and therefore deducted from the total balance due to you for the current month.
•
Should this deduction of the accumulated revenue exceed your current amount due, your balance will then revert
to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning
revenue again.
• Unlike with a player making a big win, which only lasts one month, a charge back
will stay due until the revenue generated by your other players has covered the amount due.
• We
understand that this might be frustrating to the affiliates, but it must be made clear that 88Star Partners
can only pay out a percentage of their profits, not fraudulent revenue.
• Complimentary Money, Free
Money and Other incentives refer to those amounts credited to the account of customers. As they have not
purchased these amounts 88Star Partners cannot pay commissions on these amounts.
6. Should you fail to be
entitled to the Commissionable Earnings in accordance with Clauses 4.1, 4.2, and 4.3 above, you may be given a
grace period of two (2) months within which to comply. Upon compliance, your commission for the subject period
not exceeding three (3) consecutive months will be consolidated to constitute your commissionable earnings for
the same period. (at 88Star Partners sole discretion)
7. Commissionable earnings will be subject to
commissions as calculated using the 88Star Partners Affiliate Programme commission structure in force from
time to time.
8. Negative earnings are carried forward to the next month. Should the affiliate close the
month with a positive balance, payment will be issued if it meets the minimum requirements of 500 EUR and
commissions will be paid on the positive balance. If an affiliate has a negative balance, he will have to
generate enough commissions on the following month, which equals the absolute negative amount plus the minimum
requirement of 500 EUR, in order to get paid.
9. The Commissionable Earnings of the affiliate calculated
based on commission structure will be earned on all transactions that the customer undertakes with the
merchant if the affiliate remains a member of this affiliate programme.
10. Player/s referred to our
domains by any affiliate and who either self excludes voluntarily shall, at the Company’s own discretion
be excluded when calculating commissions due to the particular affiliate who introduced the player to our
website.
11. Revenue Share Plan*:
First time deposit players Amount of RS
1-25 20%
26-100
25%
101-175 30%
176-250 35%
250+ 40%
Contact your affiliate manager.
12.
“Company” means Sebar Media Limited
Company Registration Number: 3255277
Company
Address: Legend Tower 7 Shing Yip St, Kwun Tong KLN, Hong Kong.
5. POLICIES & CONFIDENTIALITY
1. 88Star Partners assumes ownership of the customer at the point of first contact with the customer. You, as
an affiliate, act as a referring agent for 88Star Partners. We reserve the right to refuse customers (or to
close their accounts) if necessary, to comply with any requirements we may periodically establish.
2. By
opening an account with a customer, that person or entity will become our Customers and, accordingly, all
Client rules, policies, and operating procedures will apply to them.
3. During the term of this
Agreement, you may be entrusted with confidential information relating to the business, operations, or
underlying technology of our affiliate programme (including, for example, referral fees earned by you under
the programme). You agree not to disclose or use the confidential information to third persons or outside
parties unless you have our prior written consent and that you will use the confidential information only for
purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential
information will survive the termination of this Agreement.
6. LIMITED LICENSE
1. We hereby grant to you a personal, non-exclusive, non-transferable limited license, during the term of
this Agreement, to use our trademarks (licensed, in turn by us, from their owner) solely in connection with
the display of the banners on your site.
2. By this Agreement, we grant you the non-exclusive right to
direct customers to our sites 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 reserve the right to contact with and obtain the assistance from other
parties at any time to perform services of the same or similar nature as yours. You will have no claims to
referral fees or other compensation on business secured by or through persons or entities other than you.
3. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the
trademarks is limited to and arises only out of this license to use the banners. You will not assert the
invalidity, unenforceability, or contest the ownership of the trademarks 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 trademarks, render the same generic, or otherwise weaken their validity or diminish their associated
goodwill.
4. We reserve the right to revoke this license at any time and it will be deemed revoked at the
termination of this Agreement, for whatsoever reason.
7. LEGAL RESPONSIBILITIES
1. Ownership and content of our sites remain our respective properties and shall not be deemed to have
been transferred to the affiliate through any act or omission in respect of the affiliation Agreement.
2.
Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be
solely responsible for the development, operation, and maintenance of your site and for all materials that
appear on your site and at your own cost.
3. You will indemnify and hold us unaccountable from all
claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the
development, operation, maintenance, and contents of your site. This provision on indemnification is without
prejudice to our separate action or claim against you under applicable laws.
4. It is the
affiliates’ responsibility to follow the correct linking and tagging procedure to ensure new customer
tracking and payment.
5. Presentation of our banners & content on affiliate’s site is the
responsibility of the affiliate. The affiliate must ensure that our content is presented in accordance with
our outlines.
6. The affiliate must ensure that any material posted on their site is legal and does not
infringe copyright or violate any unlawful rights.
7. We may modify any of the terms and conditions
contained in this Agreement, at any time and it is our sole discretion, by posting a change notice or a new
agreement on our site. Modifications may include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures, and referral programme rules and notify you via the Affiliate
prorammes backend. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW
AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
8. We do not condone Spam!
9. Any form of Spam will result in your account being placed under review and all funds due will be withheld
pending an investigation into your account. Be aware that our clients are liable to incur expenses in dealing
with Spam generated mail and these same expenses will be deducted from your account should our client seek
recourse. In this instance the amount determined by the relative client will be fair and deemed final and
acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by
you as fair and reasonable and as agreed to by registration as an affiliate of 88Star Partners.
10.
Should these expenses not be covered by funds in your account we reserve the right to investigate other
alternative means for obtaining payment for example: should your account have generated purchasing accounts we
hold the rights to withhold payments of commission for these accounts until the account for damages has been
cleared. Should your account not be active and be generating profit through commission payments we reserve the
right to demand payments from the account holder.
11. You and 88Star Partners 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.
8.MISCELLANEOUS
1. Assignability and Inurement
2. 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.
3.
Non-Waiver
4. 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.
5. Remedies
6. 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 will 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.
7. Severability / Waiver
8. Whenever
possible, each provision of this agreement will be interpreted in such a manner as to be effective and valid
under applicable law, however; if any provisions of this agreement are 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.
9. TERM & TERMINATION
1. The term of this agreement will begin when you download linking code and link it 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. TERMINATION IS AT WILL, FOR ANY REASON,
BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and
immediate form of notification.
2. In the event of termination of this Agreement:
• You must
remove 88Star Partners banner(s) from your site and disable any links from your site to 88Star Partners.
• All rights and licenses given to you in this agreement are immediately terminated.
• You will
be entitled only to those unpaid referral fees if any earned by you on or prior to the date of termination,
save where termination is as a result of your breach of terms of this Agreement, as detailed at 9.2.d below.
We may withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.
• If you have failed to fulfill your obligations and responsibilities, 88Star Partners reserves the
right to not pay you the referral fees otherwise owing to you on termination.
• We may
withhold your final payment for a reasonable amount of time (90 days) to ensure that the correct amount is
paid.
• If we continue to permit activity (generation of revenue) from customers after
termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
• You will and are obligated to return to us any confidential information and all copies
of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service
marks, logos and other designations of the merchants.
• You and 88Star Partners will be
released from all obligations and liabilities to each other occurring or arising after the date of such
termination, except with respect to those obligations that by their nature are designed to survive
termination, as set out in this Agreement. Termination will not relieve you from any liability arising from
any breach of this Agreement, which occurred prior to termination.
10. RELATIONSHIP OF PARTIES
You and 88Star Partners 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, to contradict anything in
this paragraph or be reasonably deemed to contradict this paragraph.
11. INDEMNITY
You hereby agree to indemnify and hold not liable 88Star Partners, the entities it
represents and affiliates, and 88Star Partners directors, officers, employees, agents, shareholders, partners,
members and other owners, against any and all claims, actions, demands, liabilities, losses, damages,
judgments, settlements, expenses (including reasonable attorneys’ fees), and costs (any or all of the
foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect
thereof) arise out of or are based on
1. any claim that our use of the
Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual
property, or other proprietary right of any third party,
2. any
misrepresentation of a representation or warranty or breach of a covenant and agreement made by you
herein,
3. the development, operation, maintenance and content of your
site and products and services offered from your site.
4. any claim
related to your site, including, without limitation, content therein not attributable to us.
12. DISCLAIME
We make no express or implied warranties or representations with respect to the
referral programme 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.
13. LIMITATION OF LIABILITY
We are not liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or
data) arising in connection with this agreement or the referral programme, even if we have been advised of the
possibility of such damage. Furthermore, our aggregate liability arising with respect to this agreement and
the programme will not exceed the total commissions paid or payable to you under this agreement. Nothing in
this agreement is to be construed to provide any rights, remedies or benefits to any person or entity not a
party to this agreement. Our obligations under this agreement do not constitute the personal obligations of
our directors, officers or shareholders. Any liability arising under this agreement shall be satisfied solely
from the referral fee generated and is limited to direct damages.
14. 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAMME AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
15. IN WITNESS WHEREOF
By having read the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to
all the terms and conditions contained herein. 88Star Partners reserves the right to withhold payment from any
affiliate that violates any of the terms and conditions contained herein.