Gambling Wages (from herein after "GW") is in the business of
providing, marketing, and promoting online casino services (the "Service"),
operated via an Internet web site located at https://www.gamblingwages.com (the
The Referral Company or person (from herein after "Referral Company") desires
to obtain from GW, and GW agrees to grant the Referral Company, the
non-exclusive right and license to advertise, market and promote the Service.
GW shall reimburse the Referral Company for these promotional services, in
accordance with the following terms and conditions:
By joining the Gambling Wages Affiliate Program, you agree to be bound by the
following terms and conditions set out in this agreement.
1. Grant of Promotion and Distribution License:
1.1. GW grants the Referral Company the non-exclusive,
non-transferable right and license to advertise, market and promote the Service
("Promotion Rights"), in accordance with the terms and conditions hereof. All
other rights and licenses not expressly granted herein are reserved by GW.
2. Obligations of GW:
2.1. GW shall retain the right to provide the Service in any
form GW deems appropriate; and retains the right to change or cancel any part
of the Service, at any time and in any manner GW deems appropriate, without
prior notice to the Referral Company. However, any strategic change of policy
towards Referral such as cancel any part of the Service at any time shall be
made with prior notice to the Referral Company.
2.2 Notwithstanding the terms of these Terms and Conditions,
GW shall not be held responsible or liable for any loss of income, or loss of
the ability to produce income, incurred by the Referral Company; even if such
losses should arise from the inability of GW to deliver the Services stipulated
in these Terms and Conditions for any reason whatsoever, whether GW is at fault
or whether a third party is at fault.
2.3 GW reserves the right to modify these Terms and
Conditions at any moment.
3. Obligations of The Referral Company:
3.1. The Referral Company shall employ its best efforts to
actively and effectively advertise market and promote the Service as widely as
possible so as to maximize the benefit to the Referral Company and to GW.
3.2. The Referral Company shall only engage in advertising,
marketing and promotional efforts which do not violate any law, and which
reflect positively upon the business reputation of GW. In particular, the
Referral Company agrees to market the Service in a manner that is consistent
with the content and style of the Service. In connection therewith, GW shall
have the right to review and approve (approval shall not be unreasonably
withheld) the manner and methods of advertising, marketing and promotion used
by the Referral Company in connection with the Service.
3.3. Notwithstanding the approval by GW given in accordance
with section 3.2 of these Terms and Conditions, GW shall under no circumstances
be held liable for--and the Referral Company shall indemnify, defend and hold
GW harmless against--any and all claims asserted against GW by reason of the
Referral Company's marketing and promotional efforts.
The Referral Company shall bear all costs and expenses incurred in connection
with the advertising, marketing and promotion of the Service; including without
limitation, all costs directly related to marketing.
3.4. Multiple Accounts: You are only entitled to set up one
(1) Affiliate membership account (“Account”) with each casino, represented by
GW. You may use your Account in connection with as many domains and/or websites
you own or otherwise have the right to use. GW reserves the right to allow an
Affiliate to mantain multiple accounts on a case to case basis.
3.5. The Terms&Conditions are subject to change at
anytime and it is the responsibility of the Referral Company to be aware of the
latest rules and regulations as applicable to their commissions and payments.
4.1. The Referral Company’s compensation is calculated based on the Program (CPA, REVENUE SHARING, FIRST POST-UP or OVERALL DEPOSITS) as set forth in the following table.
4.1.1 CPA – PER SIGNUP (MARKETERS CHOICE)
In this program we pay our affiliates based on each depositing player. Below is the table of payout in this program
Up to 25 players per month - $60
26-49 players per month - $80
50+ players per month - $125
Please also note a player is only considered a depositing player should the player deposit the same amount as the CPA value and play through the deposit. This is to protect GW from potential fraudulent activity. GW reserves the right to withhold commissions from the affiliate should the affiliate bring in 'problem' players or commit fraud.
We welcome all affiliates no matter their country of origin. However, due to the potential for fraud that our CPA model opens up, management reserves the right to restrict CPA as a compensation method based on the affiliate’s country of residence. People from India, China and certain parts of Asia may have their CPA model switched to Rev-Share upon sign up. People from these regions may also experience difficulty receiving checks, as they are frequently stolen. Other methods of payment are recommended for anyone living in these countries.
4.1.2. REVENUE SHARING (CLASSIC COMMISSIONS)
In this program we share the profit made by the winnings from the customers
with our affiliate.
Customer Net Losses
Up to $15,000 - 30%
$15,001 and greater - 40%
4.1.3. FIRST POST-UP - (INITIAL DEPOSITS)
In this program we share 25% of your player’s first deposit.
4.1.4. OVERALL DEPOSITS - (MONTHLY DEPOSITS)
In this program we pay our affiliates based on total affiliates’ deposits
during the month. Below is the table of payout in this program.
Up to $75,000 – 15%
Over $75,000 – 20%
4.2. "Net Loss" - shall mean, for any given calendar month,
the total amount of the referred Customers losses in the client's websites less
the players' winnings, less bonuses paid to customers by the clients and less
any customers chargebacks.
4.3. The 2-tier model: Sub-Affiliate is defined as a new
registered affiliate that has been directed to the program by a currently
active affiliate. When you refer affiliates to GW, you will earn 5% of their
Net Profit. (Net Profit = Casino Profit - Bonus given - Chargebacks).
4.4. Negative balance: GW reserves the right to review all
Negative Balances on a case to case basis for determination of pay amounts. GW
also reserves the right to withhold partial or complete payments in cases of
Fraudulent Player Actions, Chargebacks, and other specific instances, where
intervention is required.
In the event of no negative carry over and that an Affiliate has a player that has won more than $25,000 (a "Big Winners") in a single month which causes the Affiliates overall earnings to be negative, Gambling Wages reserves the right to contact the Affiliate and temporarily remove the Big Winner from the Affiliates Channel (herein known as "Virtual fencing"). The formula that Gambling Wages will use to determine if a player has won more than $25,000 is on Net winnings less Total Approved Withdrawals less Bonuses from the first of the month until midnight on the last day of the month. The following outlines the Virtual fencing process:
a. In the event that a player wins over $25,000 causing the referring Affiliates earnings to be negative at month's end, that player will be temporarily removed or Virtual fenced from under the Affiliate, until which time the Big Winner has lost back their winnings.
b. Earnings from the current month will be retained by the Affiliate, as the Big Winner will be virtual fenced in the month in which the win occurred.
c. Once the negative net win from the Big Winner is recouped, they will be returned to the Affiliate to earn off future positive net win.
4.5. GW shall pay the Referral Company each month for
services rendered during the preceding calendar month.
Payment shall be made prior to the 15th working day of the following month. If
the amount of compensation for one month is less than US $100, the amount shall
be made available in the succeeding month (when the accumulated amount is
greater than US $100).
4.6. GW shall have the right to withhold any and all payments
to the Referral Company if the Referral Company is in breach of these Terms and
4.7. In cases where an affiliate is also a player, GW
reserves the right not to pay an affiliate for their personal losses.
4.8. GW may reverse any commission paid to Affiliate, and
subtract said commission from future payments to you, if GW receives a charge
back on a transaction from any customer referred by the Referral Company.
4.9. We have and reserve the right to pass on any Fraud Costs
to Your account.
4.10. GW reserves the right to change the Terms &
Conditions at any time, for any reason.
5. Term of Duration and Cancellation:
5.1. GW has the right to cancel the Promotion Rights with
immediate effect if with the Referral Company is in material breach of these
Terms and Conditions. Such breach includes, but is not limited to, situations
when the Referral Company engages in advertising, marketing, distribution and
promotional efforts that would impair GW goodwill and business reputation, or
would expose GW to legal liability.
5.2. Upon the cancellation of the Promotion Rights, the
Referral Company shall immediately return to GW any and all materials, over
which GW has a proprietary right, that are in the Referral Company's possession
and/or in the possession of the Referral Company's agents, servants and
employees. The Referral Company shall also immediately remove any hyperlinks
and materials, over which GW has a proprietary right, from the Referral
Company's web site and/or the web sites of the Referral Company's agents.
5.3. If the Promotion Rights are canceled, and the Referral
Company is not in default of these Terms and Conditions, the Referral Company
shall have the right to continue to receive a Referral Percentage on referred
Users who continues to utilize the Service after being referred to the Service
by the Referral Company during and up to four months from the day of the
5.4. Users that utilize GW facilities and services and
all information relating to such Users shall remain the property of GW
at all times.
6. Account Statements:
6.1. All payments due to the Referral Company shall be made on
or before the 15th working day of each following month, and will reflect
payment for services rendered the preceding month. Statements may be adjusted
by GW from time to time to reflect overpayments, player charge backs and/or
credits or underpayments to consumers by GW.
6.2. The Referral Company shall have the facility to monitor
the Referral Percentage and the payments in real time using an online
monitoring system at a secure web site.
6.3. Should the Referral Company dispute a payment received,
the Referral Company has 60 days from the date of receiving said payment/s
within which to lodge a claim or to challenge the amount paid. Should there be
no objection raised within this period then the amount tendered will be
regarded as accepted and no further claim/s will be entertained.
7. Exclusivity, Non-Competition and Ownership of Service
7.1. The Referral Company agrees, understands and acknowledges
that GW may enter into Agreements of this type with third parties to promote
the Service or a similar version thereof.
7.2. The Referral Company has not paid consideration for the
use of the trademarks, logos, copyrights, trade names, or designations
belonging to GW, and nothing contained in these Terms and Conditions shall give
the Referral Company any right, title or interest in or to any of them.
7.3. The Referral Company acknowledges that GW own and retain
all copyrights and other proprietary rights, as well as any software supplied
by GW, in all of the foregoing. The Referral Company shall not assert any claim
or interest in or to any trademark, trade name, copyright, service mark or logo
belonging or licensed to GW, or do anything to adversely affect their validity
or enforceability. This includes any act or assistance to any act that may
infringe, or lead to the infringement of, any software copyright.
7.4. Without limiting the generality of the foregoing terms,
the Referral Company shall not itself attempt, or assist any third party in
attempting, to register any trademark, trade name or other proprietary right
with any governmental agency (federal, provincial, local or otherwise) or with
any other entity or authority, without the express, unequivocal and unambiguous
prior written consent of GW. The Referral Company shall not attach any
additional trademarks, logos or trade designations to the Software; and shall
ensure that none of the trademarks (or any variations thereof) appear in any
portion of the Referral Company's name, or any name under which the Referral
Company conducts business. The Referral Company shall not affix a trademark,
logo or trade name of GW to any non-GW product. The Referral Company shall not
alter, erase, deface or overprint any notice of proprietary rights on anything
provided by GW.
8. Confidentiality and Non-Disclosure:
The Referral Company and GW each agree that each may have access to, and become
acquainted with, Confidential Information of the other. The Referral Company
and GW each specifically agree not to misuse, misappropriate or disclose any
such Confidential Information, directly or indirectly, to any third party.
9. Representations, Warranties and Indemnity:
9.1. The Referral Company warrants, represents and covenants
to GW that it has all necessary rights, licenses, permissions and business
permits; and will comply with all applicable laws, rules and regulations in
connection with promoting the Service to Users.
9.2. The Referral Company agrees to indemnify and render GW
harmless against claims, liabilities, causes of action, damages, judgments,
costs and expenses arising out of, or in any way connected with, any breach or
alleged breach by the Referral Company of any representation, warranty or
agreement contained in this Section 9, or elsewhere in these Terms and
10. Governing Law:
This Agreement shall be governed by and construed in accordance with the law of
the Republic of Costa Rica. If any provision of this Agreement as applied to
any party or to any circumstance should be adjudged by a court of competent
jurisdiction to be void or unenforceable for any reason, the invalidity of that
provision shall in no way affect (to the maximum extent permissible by law) the
application of such provision under circumstances different from those
adjudicated by the court, the application of any other provision of this
Agreement, or the enforceability or invalidity of this Agreement as a whole.
Should any provision of this Agreement become or be deemed invalid, illegal or
unenforceable in any jurisdiction by reason of the scope, extent or duration of
its coverage, then such provision shall be deemed amended to the extent
necessary to conform to applicable law so as to be valid and enforceable or, if
such provision cannot be so amended without materially altering the intention
of the parties, then such provision will be stricken and the remainder of this
Agreement shall continue in full force and effect.
Terms&Conditions Revised date: May 10th, 2006