This Affiliate Program Agreement ("Agreement") contains the complete terms and conditions that apply to your participation as an affiliate (an "Affiliate") in the Breakout Gaming Affiliate Program.
"Affiliate" - Any individual, group of individuals, company or other organization that promotes Breakout Gaming products, either online or offline, in exchange for a share of revenues generated or other compensation as agreed.
"Affiliate Site(s)" - One or more websites provided by Affiliate that advertises Breakout Gaming products and/or promotions.
"Breakout Gaming Products" - These include Breakout poker, casino, live dealer casino, sportsbook, spread betting, fantasy sports, financial betting, eSports, digital game store and other products as available.
"Chargeback" - When referring to "Chargeback?s", it means a customer claims that transactions have been made with his / her credit / debit card without their authorization. By request these charges are reversed by their bank.
"Confidential Information" - any information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentially of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections. Confidential information shall also include the terms of this Agreement, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in-progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, customers, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party.
"Commission" - Commissions will be paid as outlined in Clause 3 below.
"Customer / Player or Active Customer / Player" - An individual referred / directed by the affiliate in any appropriate manner to a Breakout Gaming product who can be linked to your unique Breakout Gaming tracking link who registers a customer / player account with a Breakout Gaming brand.
"Fraud" - A deception which in the sole opinions of Breakout Gaming is deliberately practiced by a Player and/or an Affiliate to secure a real or potential, unfair or unlawful gain and shall include Fraud Costs.
"Net Revenue Casino/Live Dealer" - Total winnings from Customers (stakes received less winnings paid out) generated by the casino/ live dealer product (website or any downloadable client) less duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign-up bonuses); and any charge-backs, bad debts or fraud.
"Net Revenue eSports" - Tournament entry fees from each valid Referral less: duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); expenses attributable to Competitions; and any charge-backs, bad debts or fraud.
"Net Revenue Fantasy Sports" - The amount of stakes placed by players on Sportsbook less: returns (winnings); duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign up bonuses); and any charge-backs, bad debts or fraud
"Net Revenue Financial Betting" - Net Revenue is the gross revenue less: cost of any promotional offers (including any sign-up bonuses); any charges such as hedging costs; and any charge-backs, bad debts or fraud
"Net Revenue Game Store" - New sales or returning user sale less: duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers; and any charge-backs, bad debts or fraud.
"Net Revenue Poker" - Gross rake and tournament fees less Fish Buffet awards, bonuses released, payment processing fees, and any chargebacks, bad debts or fraud
"Net Revenue Sportsbook" - The amount of stakes placed by players on Sportsbook less: returns (winnings); duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign up bonuses); and any charge-backs, bad debts or fraud
"New Depositing Player" - means a new first time player of Breakout Gaming products having made a first deposit amounting to at least the applicable minimum deposit in his/her betting account in accordance with the applicable terms and conditions of Breakout Gaming websites?, but excluding the Affiliate, its employees, relatives and/or friends.
"No Negative Rollover" - If the commission amount due for a calendar month is a negative amount, it will not carry forward and set off such negative amount against affiliate commissions for future months.
"Marketing Materials" - Breakout Gaming shall make available to Affiliate tracking text links, banners and/or other graphic material upon request for display and use on the Affiliate website. Newsletters to subscribers of an Affiliate?s website(s) or existing client base is also an acceptable way to promote the products and content is available on request.
"Qualifying Subscription or Player" - An account sign-up and payment for services offered by Breakout Gaming for a new player referred by an approved affiliate that qualifies for a commission fee under the present Agreement.
"Referral Commission(s) Structure" - Affiliates are paid a referral commission for each qualifying subscription/ player that an affiliate refers to Breakout Gaming under and in accordance with the present terms and conditions.
"Returning User" - A customer that makes subsequent purchases after having made their first purchase.
"Tracking Link" - One or more tracking links provided to Affiliates to uniquely identify Affiliate traffic originating from the affiliate?s advertising and resulting referred subscribers.
"We," "Our," "Us" - Breakout Services Limitada including all Breakout Gaming Products
"You", "Your" and "Affiliate(s)" - the business, individual or entity applying for participation in the Breakout Gaming Affiliate Program, or that displays Our products, services and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from Breakout Gaming for sales resulting from such display.
By submitting an application to become an Affiliate, you warrant that you have read and understood this Agreement, and you agree to be bound by it.
1. Application and Appointment as an Affiliate
1.1 To become an Affiliate, you must submit a completed Breakout Gaming Affiliate application, made available on www.breakoutaffiliates.com
1.2 It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is kept up to date at all times.
1.3 Other than the payment of the Revenue Commission, CPA Payment, hybrid deals or flat fee, as applicable, you will not have any rights relating to any Players.? To comply with GDPR guidelines, we will not provide any player personal information to our affiliates, and as part or our agreement with you, you agree to not divulge any player information that you have in your possession to other parties.
1.4 It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times.
1.5 By registering as an affiliate you agree to be bound by our rules and policies regarding the promotion of the Breakout Gaming properties, including the following compliance guidelines written for the UK market, but which are applicable for all markets.
UK COMPLIANCE Guidelines for BREAKOUT AFFILIATE PARTNERS
With an increase in regulations set by the UKGC for compliance, added to the new GDPR regulations coming into force on the 25th of May, BreakoutAffiliates is required to ensure that our affiliate partners are aware of the necessary changes coming into effect, and how they impact existing marketing practices. Breakout Affiliates are now obliged to be more vigilant in the way in which we work with our affiliates, and urge you, our partner, to follow the UKGC rules, which are now compulsory. Non-compliance may result in the termination of our agreement with you.
FIRST STEPS TO CONSIDER WHEN PROMOTING GAMBLING RELATED CONTENT IN THE UNITED KINGDOM
HOW AFFILIATES ENSURE COMPLIANCE WITH UK GAMBLING LEGISLATION
Ensure that you are compliant by following the guidelines below:
1. Affiliate Networks, Email Marketing, Direct Marketing, SMS and Editorial Traffic
Please note: BreakoutAffiliates can longer accept the campaigns run on the above channels without prior approval. Failure to run any of these campaigns without prior approval, or failure to follow the mandatory advertising rules below, may result in the immediate termination of your affiliate account.
2. Mandatory rules for all advertisements
PROMOTIONAL & BONUS TEXT
Text outlining a signup bonus or any other bonus needs to be specific on how the bonus is made up.
For multi part bonuses, it is essential to provide full details of how to claim each part of the bonus as well as the terms and conditions for each. Often due to space constraints this will not be possible, we recommend promoting just the first deposit bonus if space is an issue.
WHERE TO GET HELP TO ENSURE COMPLIANCE
We understand the complexity and work involved in becoming compliant; and we are here to offer our support should you need it. There are also a number of resources available, apart from speaking to us, where you can get help on becoming compliant.
ESSENTIAL TIPS TO AVOID NON-COMPLIANT ADVERTISING
CUSTOMARY TERMS FOR ADS LIMITED BY TIME AND SPACEThese are terms are mandatory for all promotional material.
2. Marketing Materials
Affiliates can use and display all Marketing Materials on their Affiliate website. The affiliate will however conform to the following terms:
2.1 If you use spam (including email and newsgroup spamming), or offer the products on any spam or warez oriented website, your affiliate account will be immediately terminated.
2.2 Affiliate may only use the Marketing Materials for the purpose of promoting Company?s website / products, and for linking to Company?s website. Affiliate may only modify materials if the Company agrees to it in writing.
2.3 Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. Only with written permission can the Affiliate modify Promotional Materials.
2.4 The Marketing Materials will be used to link only to Company?s website/ products.
2.5 You shall not bid or otherwise purchase, either directly or indirectly, "breakoutgaming.com" branded keywords or phrases, including but not limited to words relating to the Breakout Gaming Products such as ?breakoutgaming.com?, ?breakout poker?, ?breakout eSports?, ?breakout casino?, ?breakout sports? and so on. This restriction extends to misspellings or variations of ?breakoutgaming.com? and phrases that include ?breakout gaming?.
2.6 You shall not, in any way, utilize pop-over advertisements or spyware to promote the Breakout Gaming Products.
3. Referral Commission Structure
In exchange for Affiliate?s display of the Marketing Materials, and for Affiliate?s compliance with and performance of the terms and conditions of this Agreement, Breakout Gaming shall pay to Affiliate a Referral Commission for each Qualifying Subscription or Player in the amount of a percentage based on Net Revenue with No Negative Rollover. F
The Standard Referral Commission Structure for each Breakout Gaming Product is as follows:
3.1 Poker and casino/ live casino
3.3 Fantasy Sports
3.4 Financial Betting
5% Net Revenue of new sales and 3% Net Revenue on every Returning User sale that an affiliate generate
4.1 The Commission is calculated at the end of each month and payments shall be made monthly in arrears, not later than the end of the following calendar month, with no minimum amount required for payment except when selecting Bank Wire, which has a US$200.00 minimum. If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
4.2 All payments will be due and payable in USD or the equivalent in Euros or GBP. Payment will be made by the method registered on the Application or by any other method mutually agreed upon between the affiliate and the operator, and are limited to those methods available.
4.3 Breakout Gaming reserve the right to withhold any commissions generated by referrals that are identified as existing customers or are generated from customers in jurisdictions that have been excluded by Breakout Gaming.
4.4 The Affiliate is responsible for accounting for any VAT (or any other applicable tax) deemed due on commissions earned from its commissions received.
4.5 In cases of Chargebacks, the commission generated by the Affiliate will be deducted from the total revenue due to the Affiliate for that month. Should the Chargeback balance be negative, the Affiliate will need to compensate for this by accumulating further commission until such time when the Affiliate balance is positive again. This Negative carryover only applies to Negative balances arising from Customer Chargebacks.
4.6 In situations where an affiliate is compensated in part or in whole by a ?CPA? payment, the minimum threshold that has been set for that payment must be met in the currency used by the customer. For example, a program with a ?30? minimum deposit trigger for a CPA payment requires the player to deposit a minimum of $30 if playing in USD, ?30 if playing in EUR, ?30 if playing in GBP. For all other currencies the exchange rate must be the equivalent of the minimum amount in GBP for BreakoutCasino and the minimum amount in EUR for all other Breakout gaming sites to qualify. Affiliates that are found to have actively promoted this minimum amount in their advertising in order to increase CPA payments may have their accounts terminated.
4.7 Breakout will continue to pay commissions on referred players as long as the affiliate partner is actively promoting the brand at which the player(s) have registered. If the brand is inactive and/or closed, or if the affiliate is not actively promoting the brand, no additional affiliate payments will be made or are due to the affiliate.
5.1 Except as otherwise provided in this Agreement or with the consent of Breakout Gaming, you agree to keep all Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement.
5.2 Affiliate shall not use any Confidential Information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
You shall defend, indemnify, and hold Breakout Gaming, 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:
7. Amendments to Agreement
We may amend any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting the amended agreement on this ?Terms and Conditions" page on our site. Any changes will take effect from the date specified at the head of the Agreement and you are solely responsible for learning of any such amended versions and changes. It is important, therefore, that you log in from time to time to this page on our site and check to see whether there is any amended version. Amendments may include, for example, changes in the commission amounts payable under this Agreement, payment procedures, and restrictions on operation.
Version 2018 - 28 November, 2018