OMG Affiliates Terms & Conditions
This document outlines the terms and conditions agreed between OMG Affiliates – affiliate program owned by Vita Media Group Aps a company duly registered under the laws of Denmark, registration no. CVR 38 89 60 83 having its registered office at Hellerupvej 8, 2900 Hellerup, Copenhagen and the person or the company – set out on the affiliate sign up form (hereinafter referred to as the “Affiliate”),
The Affiliate hosts a website for marketing purposes;
The Company provides online casinos, namely brands for which the trackers are available in the affiliate system (the “company websites“); and makes use of Affiliates in order to promote and market the websites through its affiliate program, which is outlined from time to time by the Company (the “Affiliate Program”);
The Company desires to, and the Affiliate agrees to, enter into an agreement whereby the Affiliate will promote the company websites, by linking to the company website in accordance with the terms of this Agreement.
Therefore, you agree on the following terms and conditions
- The Company offers online casino play via casino websites, including but not limited to the following Jackie Jackpot, Winners Magic, Lucky Thrillz (hereinafter referred to as “the company websites”.)
- By proceeding with the sign up, you agree with the following terms and conditions with regards to the promotion of the website held by the company, the commission payable to the Affiliate depending on the traffic generated to the company websites and to the applicable commission structure as mentioned further on in this Agreement unless otherwise agreed.
Joining the affiliate program
- To join as an affiliate in the OMG Affiliates affiliate program, you will need to register by completing the sign up form.
- By promotion of the OMG Affiliates brands through material such as banners, text links, mailers, or similar marketing tools aimed to direct potential users, you are deemed to have agreed to all of the terms and conditions outlined in this document.
- With this Agreement, you are an affiliate of the site and get rewarded a commission for directing customers to the company websites as specified in this agreement.
- By signing up you adhere to Vita Media Group Aps that you will not register or attempt to register any names or trademarks that contain or are very similar to the merchant’s brand name, logos or trademarks of Vita Media Group Aps. You are not allowed to represent the company website on their behalf nor make any statements that might in any way conflict with this agreement.
- The parties’ relationship as contained in this Agreement, is solely that of independent contractors.
- This agreement does not create any joint venture, partnership, association or similar between the parties. Neither party is a legal representative of the other party, and neither party can express or imply right, power or authority to enter into any commitment or agreement on behalf of the other.
The affiliate’s obligations
- The affiliate agrees to provide accurate and complete information regarding the affiliate’s identity and practices.
- The Affiliate shall conduct the services as agreed in order to effectively promote the participating company websites to help optimize the benefit for both parties.
- The Affiliate shall adhere to the company guidelines determined from time to time.
- The Affiliate operates under its own name and is responsible for the maintenance and operation for all material appearing at the Affiliate websites.
- The content and creatives of the Affiliate sites and the Affiliate’s marketing activities shall be in a etic, professional and lawful manner under the applicable laws and in accordance with these terms and conditions.
- Affiliates targeting users/visitors residing within the United Kingdom must align with the United Kingdom Advertising Guidelines and follow the CAP rules when promoting Company websites, otherwise the commissions generated from such jurisdiction will be voided.
- The Affiliate shall provide the Company with a list of all the channels that will be used to promote the company websites.
- When sending any email/SMS communications to individuals which include any of Company’s Intellectual Property Rights; or otherwise intend to promote the Company Website, such communications shall be approved from one of the managers at OMG Affiliates. If such permission is granted, you must then ensure you have each and every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by email or SMS) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company. The Affiliate agrees to not send any direct email or SMS communications to customers residing within the United Kingdom.
- The affiliate must not purchase or bid on the Merchant’s brand name or any similar terms via any pay per click marketing. The Affiliate may use or purchase any of the above mentioned terms in this article only by obtaining prior approval in writing.
- By signing up you agree to use materials provided only by the company’s Affiliate Program or any other material which the company has approved in writing to be used in order for commission to be paid.
- The Affiliate may not use any framing techniques or technology on the company websites, or encourage any third party to do so.
- The Affiliate may join only if it is over 18 years of age. The Company reserves the right to require proof of age at any time.
- The Affiliate shall not use the Company’s websites in any way that may harm the Company, it’s goodwill, it’s trademarks and it’s branding, nor shall perform any act which is libellous, obscene, discriminatory or otherwise unsuitable.
- Traffic generated to the company website will not be produced by fraudulent or illicit activity, mainly but not limited to registering as a player, making a deposits directly or indirectly to any player account through his tracking links for its own personal use or its employees, relatives or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company.
- The Affiliate agrees that it won’t present some misleading information regarding the Company websites.
- The Affiliate shall not promote the OMG Affiliates brands in any restricted countries where gambling and promotion thereof are illegal nor to target any person who is under the legal age for gambling.
- The Affiliate shall hold indemnified and harmless the Company and each of its employees, shareholders, and partners (the “Indemnified Parties”) hereby and thereby from and against any of his losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses), and liabilities suffered or incurred, by the Indemnified Parties in consequence of any breach, non-performance, or non-observance of this Agreement.
The company obligations
- The Company’s liability under this Agreement is limited, to the maximum extent permitted by applicable law, to direct damages up to the amount the Affiliate has received as remuneration from the Company within the last six (6) months.
- The Company shall hold the right to terminate, amend, and/or close its Affiliate Program at any time and in any manner the Company deems appropriate. Any changes will be communicated to the Affiliate on the OMG Affiliates website and through email to the affiliate.
- The Company reserves the right to periodically review the marketing activities of Affiliates. If the Company considers an Affiliate to be in breach of the Marketing and Advertising Code of Commercial Communications (MGA jurisdiction) or the Codes of Practice – CAP (UK jurisdiction) and if not solved within the allotted time, the Company will void the Affiliate’s commission. The Company may terminate the agreement if the Affiliate fails to respond and commit to fix the breaches within 20 days or if the measures taken by the affiliate are insufficient or in an unreasonable time frame.
- The Company shall not be liable for any indirect losses, damages, or loss of income incurred by the Affiliate, damages due to business interruption, or loss of information, even if such losses should arise from the inability of the Company to operate its Affiliate Program as stipulated in this Agreement, whether the Company is at fault or whether a third party is at fault.
- The commission shall be paid continuously, for as long as the new customer holds an account at the company website.
- The company shall pay the agreed commission amount based on the Affiliate performance.
- New customers mean customers of the Company who do not yet have an account with the Company and who access the company website via the Affiliate sites, properly register and then make real money deposits.
- Net revenue meant: Gross revenue generated from a player’s bets and losses after all costs are removed, including but not limited to bonus costs, cost for licensing fees, betting and gaming taxes, payment processing costs, software provider charges and any cost associated with fraud such as chargebacks or refunds.
- If the Affiliate disagrees with the commission paid by the Company, it should inform the Company within 12 months otherwise OMG Affiliates can withdraw the commission at their own discretion.
- The minimum payout amount is 100 Euro for Wire and 50 Euro for PayPal transfer.; if the commission amount is lower, the commission will be transferred to the next month until the payment value reaches at least 100 Euro.
- If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out any underpayment or reclaim any overpayment made to the Affiliate.
- If the generated traffic is illegal, fraudulent, falsified or contravernes any provision of these terms and conditions, the Affiliate hereby agrees to return all commissions received generated from those activities plus all costs for legal causes or actions that might arise against the Affiliate.
- The Affiliate will be responsible for the payment of any and all fees, taxes, charges, and any other money payable or due both locally and abroad to any tax authority as a result of the revenue generated under this Agreement.
- If the Affiliate is acting in a private capacity, further undertakes to pay social security contributions on the remuneration received under this Agreement.
- It is each affiliate’s responsibility to promptly inform OMG Affiliates of its registration and VAT number. Otherwise, the Affiliate is considered to be acting in a private capacity.
- All payments due under this Agreement shall be made in Euros.
- The Company has the right to retain any and/or all of the Affiliate’s payments if the Affiliate violated any of the provisions of this Agreement.
- The Company has the authority to cancel or withdraw the payments for the months to come if, for any reason, the payments made to the Affiliate have a higher incremented value.
Use of intellectual property rights
- Further, the Affiliate consents that the Affiliate sites shall not in any way resemble to the general impression of the Company’s website, nor will the Affiliate create the impression that the Affiliate sites are the Company’s websites or any part thereof.
- All intellectual property rights and any know-how appeared in links and marketing materials, associated software and systems related to the Company’s website, shall remain the property of the Company. The Affiliate shall not obtain any intellectual property rights in such materials.
- The Affiliate is not allowed to modify or adapt the content provided by the Company, without a prior written consent of the Company.
- The Affiliate is allowed to a worldwide, non-exclusive right to use and display the Company’s trademarks during the lifetime of this Agreement, only to the extent that such use has been explicitly approved by the Company for Affiliate sites’ display as previously stated in this Agreement, and in accordance with the Company’s guidelines.
- The Affiliate shall not register, purchase or use domain names that are identical or similar to any of the Company’s trademarks, unless prior written approval is given, or include words or variations that are identical or similar to any of the Company’s trademarks or Branding materials.
Term and Termination of Agreement
- This Agreement shall commence on the date of the Affiliate’s acceptance of the Agreement as a part of the registration process, and continue in force unless and until terminated by any of the Parties.
- This Agreement may be terminated by either Party by giving the other party thirty (30) days’ notice in writing. Written notice of termination may be given by email
- If the Affiliate commits any violation of the terms of this Agreement, the Company is entitled to terminate this Agreement in writing, effective immediately. Written notice shall be given by email.
- The Affiliate is entitled to any earned and unpaid commissions, even after the effective date of termination, only if the termination is not based on any type of violation by the Affiliate. However, the company may withhold the Affiliate’s final payment for a reasonable time in order to ensure that the correct amount shall be paid.
- Either party may terminate the Agreement immediately if the other party is in breach of its obligations. If the affiliate is in breach, OMG Affiliates shall be entitled to retain any commissions that would otherwise be due to the Affiliate.
- The parties specifically agree that upon the termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payments from the Company.
- Any termination of this Agreement by either of the parties shall not limit the enforceability of any of the rights or obligations that accrued before the termination date. The Affiliate is obligated of confidentiality towards the Company and confidentiality shall survive the termination of this Agreement.
Consequences of termination
- Upon the termination of this Agreement, all licenses and rights given to the Affiliate under this Agreement, shall immediately be terminated, and the Affiliate will end the use of any of the Company’s logos, trademarks, service marks, and other Company’s designations.
- The Affiliate must return any or all confidential information (and all copies and derivations) to the Company that were in the previous Affiliate’s possession and control.
- Any notices to the Company given under this Agreement shall be conducted by email and sent strictly to the manager of the Affiliate Program and to the Affiliate by the Affiliate’s email address as fulfilled in the application form, or any other email address notified in writing by the Affiliate to the Company. Any notice shall be considered as received within two hours of delivery. If the notice occurs after 5.00 pm on a work day, or occurs on a non-work day, the notice shall be considered to have been received at 9.00 am on the next work day.
- If any provision of this Agreement is held not to be enforceable in any way, such provision will be ineffective only to the extent of such unenforceability, without disapproving the rest of this Agreement. No waiver will be suggested from conduct or failure to enforce any rights.
- Neither parties shall be responsible for any failure or delay to fulfil its obligations under this Agreement, if such failure od delay arises from a cause beyond the control of and is not the fault of any party, including but not limited to labour disputes, industrial disturbances, strikes, acts of God, acts of terrorism, lightning, earthquakes, floods, utility or communications failures, or other causes. If a force majeure event occurs, the non-performing party is released from any performance prevented by the force majeure event. If the force majeure event prevails for a period exceeding thirty (30) days, either party may terminate the Agreement without notice.
- The affiliate shall keep all information, including but not limited to business and finance, price and sales information as well as lists of buyers and customers, and any information related to products, operations, records, product information, processes, market opportunities, trade secrets and personal data of the Company and shall be treated as private (“Confidential Information”). The Affiliate obliges himself not to use any confidential information for any purpose other than the performance of its obligations under this Agreement.
- This Agreement constitutes the entire Agreement and understanding of the parties and overrides any previous agreement or other understanding between both parties which relate to the subject matter of this Agreement.
Disputes and Governing law
- This Agreement shall in all respects be governed by the Danish law without recourse to its conflict of laws principles, and the parties agree to submit to the exclusive jurisdiction of the Maritime and Commercial Court (Sø- og Handelsretten), or secondarily Copenhagen City Court.