Circus Casino and Poker Affiliate Program Terms & Conditions
The Genting Affiliate Website (as defined in clause 2.1) is operated by Genting Alderney Limited (company number 1664) of Millennium House, Ollivier Street, St Anne, Alderney ("GA").
By completing the registration form found on the Genting Affiliate Website you ("the Affiliate") are deemed to have agreed to be bound by all the terms and conditions set out in this Agreement.
1.1 This Agreement contains the terms and conditions that apply to an individual's or entity's participation in the GA Affiliate Programme. The subject matter of this Agreement shall be the implementation of a link provided by GA on the Affiliate's website to the Circus Casino or other GA Operated Website (the "Link") with the aim of establishing an advertising co-operation for the mutual benefit of the parties.
2.1 By participating in this Affiliate Programme, the Affiliate agrees to create a unique Link from its website to www.circuscasino.com, www.circuspoker.com, www.gentingcasino.com or such other website as GA may notify its Affiliates from time to time. The Affiliate must link to GA Website with one of GA’s approved icons or banners, which shall comprise one or more GA Brand Features ("Icons and Banners"), or with a text link. These are the only methods by which the Affiliate may advertise on GA’s behalf.
2.2 The Affiliate shall not, by any act or omission, do anything which in GA's reasonable opinion is capable of adversely affecting the standing or reputation of GA, a GA operated Website or the GA Group (as defined in clause 3.5).
2.3 The Affiliate shall comply with the laws and regulations of all relevant countries including, without limitation, those laws and regulations relating to money laundering and/or the proceeds of crime, and shall comply with any policy notified to it via GA or otherwise in relation to the same.
3.1 GA hereby grants to the Affiliate a non-exclusive, non-transferable licence, during the term of this Agreement, to use certain names, trademarks, logos, insignias, devices, service marks and other distinctive brand features ("GA Brand Features"), as made available to it by GA in the form of Icons and Banners on the Affiliate's site, solely for the purpose of directing visitors and customers to a GA operated website. The Affiliate shall not use the GA Brand Features in any way other than as expressly set out in this Agreement.
3.2 This licence cannot be sub-licensed, assigned or otherwise transferred by the Affiliate. The Affiliate's right to use the GA Brand Features is limited to and arises only out of this license to use the GA Brand Features in approved Icons and Banners.
3.3 The Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the GA Brand Features in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice GA's rights in the GA Brand Features, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
3.4 The Affiliate shall not apply for a trade or service mark similar to, or reasonably capable of being confused with, any trade marks comprising the Icons and Banners or the words Genting, Genting Alderney, Genting Stanley, Circus Casino, Mint Casino, Maxims Casino or any other GA Brand Related Terms.
3.5 The Affiliate shall not register or apply to register any domain name similar to any domain name used by or registered in the name of any member of the group of companies of which Circus Casino is a member (GA), or any other name that could be understood to designate GA.
3.6 The Affiliate shall not place pay per click bids with any Internet Service Provider on the keywords Genting, Genting Alderney, Genting Stanley, Circus Casino, Circus Poker, Genting Casino, Genting Poker, Mint Casino or Maxims Casino or on any other keyword that is part of the GA Brand Features.
3.7 The Affiliate shall cease to use any GA Brand Features after being requested to do so by GA or on any termination of this Agreement.
4.1 The Affiliate shall not make any claims, representations, or warranties in connection with GA and shall have no authority to, and shall not, bind GA to any obligations.
4.2 Upon conclusion of the Agreement, a partner identification code is assigned to the Affiliate. By means of the assigned link codes, GA's registration system identifies customer referrals from the Link of the Affiliate's website.
4.3 The Affiliate shall earn an agreed rate of Referral Commission based on the net profit of their referred Customers. Net profit is defined as:
i. on Casino and Arcade activities, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made to users (iv) bonus credits (v) licensing fees (vi) charge-backs (vii) bad debts and (viii) fraud.
ii. on Poker activity, the gross rake less (i) licensing fees, (ii) poker chips bonus, (iii) charge-backs, (iv) bad debts and (v) fraud.
Affiliates are eligible for payment on the balance of their Arcade, Poker and Casino earnings. Negative commission balances in either the Games, Poker, or Casino will be deducted from available commissions.
4.4 All amounts payable by GA pursuant to this Agreement shall be inclusive of all applicable taxes.
4.5 GA shall administrate the turnover generated via the Links, record the total amount of Commissions earned via the Links, provide the Affiliate with report statistics that include, impressions, clicks and accounts created and handle all customer services related to the business.
4.6 GA will process Affiliate personal data only for the purposes detailed in this Agreement. Affiliate personal data may also be processed by other GA companies but will not be passed to any third party save where necessary to conform to legal requirements, comply with legal process, or act to protect the interests of GA following a breach of this Agreement by the Affiliate.
4.7 The Affiliate undertakes to ensure that the personal information which it provides to GA is complete, true and accurate in all respects and may update its personal information at any time from within its GA Affiliate account by clicking the Update Profile button on the navigation bar once logged in.
4.8 To verify the Affiliate's identity, address and ownership of the Affiliate website and/or the Affiliate website domain name, GA reserves the right to request at any time satisfactory proof of identity and proof of address of an Affiliate along with such proof of ownership of the Affiliate website and/or the Affiliate website domain name as GA shall reasonably require. In the event that the Affiliate fails to provide such proof of identity, proof of address and/or proof of ownership of the Affiliate website and/or the Affiliate website domain name within a reasonable time of GA’s request, GA may terminate this Agreement immediately whereupon the provisions of clause 7.3 shall apply.
4.9 Unsuitable Content. GA may terminate this Agreement if it determines (in its sole discretion) that the Affiliate's site or the Affiliate's use of the Link is unsuitable. Unsuitable sites include but are not limited to those that: are 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 or violate intellectual property rights.
4.10 Regulatory Codes. GA may terminate this Agreement if it determines (in its sole discretion) that any content on the Affiliate's site (including, without limitation, content provided to the Affiliate by GA under this Agreement and the Affiliate's use of the Link on the Affiliate's site) is, or is reasonably likely to be, in breach of any applicable Committee of Advertising Practice codes and/or such other regulatory codes as may apply to such content from time to time.
5.1 The Affiliate shall not benefit from traffic known or suspected not to be generated in good faith whether or not it actually causes GA damage. GA reserves the right to retain all amounts due to the Affiliate under this Agreement if GSA has reasonable cause to believe that such traffic has been caused with the Affiliate's knowledge. Even if the Affiliate has not knowingly generated such traffic, GA reserves the right to withhold Affiliate Commissions in respect of such traffic.
6. Responsibility For Affiliate Site
6.1 The Affiliate shall be solely responsible for the development, operation, and maintenance of its site and for all materials that appear on its site. For example, the Affiliate will be solely responsible for ensuring that materials posted on its site are not libellous or otherwise illegal. GA disclaims all liability for these matters.
6.2 The Affiliate will indemnify and hold GA harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating either to the development, operation, maintenance, and contents of its site or from any allegation that its site infringes any rights of third parties (including copyright and trademark rights, the general right of personality or any other rights).
7.1 Either party may terminate this Agreement, at any time, without giving any reasons or notice. In such an event, GA shall be obliged to settle and pay outstanding Commissions, save for those retained under clause 5, by the 15th day of the following month, but the Affiliate shall have no right of retention or contest.
7.2 The Affiliate shall not (i) undertake any form of spamming, (ii) advertise GA operated websites in any way other than as expressly permitted under this Agreement, or (iii) edit, modify, alter or translate the Icons and Banners in any way. Without prejudice to its rights and remedies, GA may terminate this Agreement immediately if the Affiliate breaches this clause 7.2.
7.3 Upon termination of this Agreement :
1. 7.3.1 any licences granted by GA to the Affiliate under clause 3 will terminate with immediate effect;
2. 7.3.2 the Affiliate shall immediately remove all Icons and Banners and Links from its website and stop promoting all GA operated Websites;
3. 7.3.3 the Affiliate shall immediately destroy or return to GA all confidential information provided to it by GA pursuant to clause 8;
4. 7.3.4 the Affiliate will not be entitled to any Commissions or any other payments which would have accrued after the date of termination;
5. 7.3.5 without prejudice to any remedies to which GA may be entitled, GA will pay the Affiliate the full balance of Commissions owed to the Affiliate (whether more or less than £50) as at the date of termination; and
6. 7.3.6 any provisions of this Agreement which are necessary for the interpretation or enforcement of this Agreement shall survive any such termination.
7.4 For the avoidance of doubt, following the termination of this Agreement, the Affiliate shall have no right to contact Acquired Customers, or to access or utilise any data in relation to them in any way whatsoever.
8.1 During the term of this Agreement, the Affiliate may be entrusted with confidential information relating to the business, operations, or underlying technology of GA and/or the Affiliate Programme (including, for example, Affiliate fees earned by the Affiliate under the programme). The Affiliate agrees to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless its has GA's prior written consent and that it will use the confidential information only for purposes necessary to further the purposes of this Agreement. The Affiliate's obligations with respect to confidential information shall survive the termination of this Agreement.
9.1 Any claim to reimbursement of cost for further advertising activities of the Affiliate shall only be applicable if GA has commissioned the Affiliate, in writing, to carry out such further advertising activities.
9.2 The Affiliate acknowledges that - should the promoting or soliciting of bets be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions not met here - it may not enter into this Agreement and shall, consequently, also not be entitled to post any Link on its website.
9.3 GA reserves the right to change any terms and conditions of this Agreement at any time. The Affiliate shall be notified via e-mail of any such change.
9.4 This Agreement is governed by the laws of England. Any action relating to this Agreement must be brought in England and the Affiliate irrevocably consents to the jurisdiction of the English courts.
9.5 Should one of the contractual provisions be or become ineffective, all other stipulations of the Agreement shall continue in full force and effect.
