- The Company operates online casino platforms through its partner brands Zinkra Casino and Playouwin (hereinafter collectively referred to as “the Partner 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.
- “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
- “Cost Per Acquisition (CPA)” is the total cost spent to receive the required actions by your customers. This action is typically a purchase, registration, signup, and many more.
- “Chargebacks”, meaning the cost of deposits or wagers made by Players on a credit/debit card which are later refunded (at the Players´, the credit/debit card issuer’s or OMG Affiliates request) onto the Players’ credit/debit cards, including any additional so-called chargeback fees levied by credit/debit card companies for such credit reversal.
- “First-time deposit (FTD)” refers to a player who makes their first deposit on a brand, typically marking their transition from a registered user to a paying customer.
- “Gross Gaming Revenue (GGR)” represents the difference between the amount wagered minus the amount won.
- “Net revenue” means Gross revenue generated from a player’s bets and wins 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.
- To join the OMG Affiliates program, you must register by completing the signup form on the appropriate platform. Affiliates promoting Playouwin Casino must register through the Cellxpert platform, while those promoting Zinkra Casino should register via the MyAffiliates platform.
- 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 agrees to provide accurate and complete information regarding their identity, practices, and promotional activities.
- The affiliate shall conduct services as agreed to effectively promote participating company websites, optimizing mutual benefit.
- The affiliate shall adhere to the company’s marketing guidelines as determined and updated from time to time.
- The affiliate operates under their own name and is responsible for maintaining and operating all material appearing on their websites.
- All content, creatives, and marketing activities shall be ethical, professional, and lawful under applicable laws and these terms.
- Any email or SMS communication containing the company’s intellectual property or promoting its websites must be approved by a manager at OMG Affiliates. Affiliates must ensure recipients have given explicit consent and that communications clearly indicate they originate from the affiliate, not the company.
- The affiliate must not purchase or bid on the company’s brand name or similar terms via pay-per-click marketing without prior written approval.
- The affiliate may not use framing techniques or technologies on the company’s websites or encourage third parties to do so.
- Affiliates must not engage in fraudulent or illicit activities, including self-registration, deposits through their tracking links, or artificially inflating commissions.
- Affiliates shall not promote OMG Affiliates brands in restricted countries where gambling is illegal or to individuals below the legal age for gambling. Affiliates must be over 18 years of age and provide proof of age upon request.
- Affiliates agree to use only materials provided or pre-approved by the company to ensure commission eligibility.
- Affiliates shall not engage in activities that harm the company’s reputation, goodwill, trademarks, or branding. This includes actions that are libelous, obscene, discriminatory, or otherwise unsuitable.
- The affiliate shall indemnify and hold harmless the company, its employees, shareholders, and partners from any losses, claims, damages, or expenses resulting from breaches of this agreement.
- Affiliates must provide the company with a complete list of all channels used to promote the company websites.
- Traffic generated to the company websites must not originate from fraudulent, unethical, or illicit activities.
- Affiliates agree not to present misleading information about the company’s websites or services.
- 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 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 at least one real money deposit.
- If the Affiliate disagrees with the commission paid by the Company, it should inform the Company within 15 days after receiving the commission, otherwise OMG Affiliates does not hold responsibility for any amends or changes in the commission payment.
- The minimum payout amount is 100 Euro, if the commission amount is lower, the commission will be transferred to the next month until the payment value reaches at least 100 Euro.
- The Company can offer commission payment via Wire Transfer, PayPal or Skrill.
- The Company reserves the right to withhold or disqualify CPA commission if the CPA qualification is triggered more than 60 days after the date of the first-time deposit, as such activity is deemed to fall under retention efforts rather than acquisition.
- 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 contravenes 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.
- We do not pay CPA if an account is closed, duplicate, fraudulent or has a chargeback.
- Further, the Affiliate consents that the Affiliate sites shall not in any way resemble 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.
- 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 fulfill 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 labor 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.
- 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.
