Terms and Conditions
1 Introduction
This document (the “Agreement”) sets out the terms and conditions agreed between us, Locus Gaming Isle of Man Ltd (and whose registered office is at Clinch’s House, Lord Street, Douglas, Isle of Man, IM99 1RZ) (hereinafter referred to as “Locus Gaming”, “we” “us” or “our” as applicable) and you (being the person set out on the relevant application form) (hereinafter referred to as “you” or “your” as applicable), regarding your application to join (and if your application is successful, your membership in) our affiliate programme.
We may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site or through email. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral programme rules.
Any amendments, alterations, deletions, interlineations or additions to this Agreement shall be effective immediately upon notice, by display on the Site (hereinafter, “Notice”). Your use of the Site and/ or continued marketing of Us or Our Products after such Notice is given to You will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement should this Agreement be replaced in its entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
2 Definitions
Please see below a glossary of relevant terms and definitions in relation to an affiliate agreement with Locus Gaming:
The Locus Affiliate Programme / The Affiliate Programme: The affiliate programme run by Locus Gaming.
Locus Gaming Casinos: The online casino websites currently run by Locus Gaming. Currently there is one casino: JackGold, which can be found at www.jackgoldcasino.com and other URLs.
Affiliate: Someone who has registered and been accepted by Locus Gaming as an Affiliate of The Locus Affiliate Programme.
This Agreement: This Agreement is the terms and conditions of The Locus Affiliate Programme.
Chargeback: The reversal of a payment made previously to Locus Gaming by a Player or the credit card issuing bank or any other third party payments solution provider. Chargebacks are regarded as fraud for the purposes of calculating net revenues.
Commission: Commissions will be paid to Affiliates for the delivery of Depositing Customers to the Locus Gaming casinos.
Customer / Depositing Customer: Any individual who has accessed any of the Locus Gaming Casinos, been accepted as a player by Locus Gaming, registered for a cash account and deposited money.
Referred Customer / Referred Depositing Customer: A customer / depositing customer who has accessed any of the Locus Gaming Casinos and registered for a cash account directly through one of Your affiliate links and been attributed to you by The Locus Affiliate Programme.
Fraud: A deception which, in the sole opinions of Locus Gaming, is deliberately practiced by a Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain and shall include Fraud Costs.
Fraud Costs: The costs incurred (financial or otherwise) by Locus Gaming as a direct or indirect result of Fraudulent Activity by Yourself, Your employees and/ or Customers whom You, as an Affiliate, have introduced to Our Products.
Second-Tier Affiliates (Sub Affiliates): An individual and/or entity that You direct in any appropriate manner to Locus Gaming and who can be linked to Your unique Affiliate account / identity, which person or entity becomes an Affiliate on The Locus Gaming Affiliate Programme.
Site: The website for the Locus Affiliate Programme at www.locusaffiliates.com
Spam: Unwanted and unsolicited email or SMS text messages sent indiscriminately to one or more mailing lists, individuals, or newsgroups. This practice is strictly prohibited.
3 Your Application
3.1 Making your application
Your application must be completed through the website registration form found at https://affiliates.locusaffiliates.com/registration.asp
Your application will be reviewed on submission and we will notify You in a timely manner of Our acceptance or rejection of your application to become an Affiliate. On acceptance, you are permitted to market our casino rooms as an Affiliate.
3.2 Terms under which your appointment is accepted
In applying to be registered with The Locus Affiliate Programme as an Affiliate you warrant that you meet all of the following criteria.
- That all of the information You provide to Us on the registration form is complete, valid and truthful.
- You have the full right, power and authority to enter into this Agreement.
- The execution of this Agreement does not and will not violate any agreement to which You are a party or by which You are otherwise bound.
- You will not knowingly benefit from known or suspected traffic not generated in good faith. This includes the theft of website content, design or functionality of other websites.
- You will not act in breach of any Laws or Regulations referenced in this Agreement
3.3 Breach of Terms
In the event that you have breached any of the terms above, The Locus Affiliate Programme reserves the right at its sole and unfettered discretion to terminate this Agreement and / or retain some or all commissions due to you, either current or future, under this Agreement.
4 The Programme
4.1 Licence to use Intellectual Property
Upon being successfully accepted as an Affiliate for The Locus Affiliate Programme, We will grant You a non-exclusive, non-transferable licence, during the term of this Agreement, to use Our service marks, trade names, logos, designations, copyrights and other proprietary rights (“Intellectual Property”) solely in connection with the display of the banners and relevant, appropriate content on Your site.
You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals. You shall have no claims to Commissions or other compensation on business secured by or through persons or entities other than You.
4.2 Tracking and Monitoring of Customers
We will attribute any new and unique Customers Referred by You to your affiliate account. We will track and monitor their gaming activity.
The Locus Affiliate Programme has the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements that they may periodically establish.
4.3 Financial reporting on Customer activity
We will track Customer gaming activity and provide you with password protected remote online access to generated reports of Customer activity and the commission attracted by that activity.
We will provide You with a unique tracking link but it is Your responsibility to use this link correctly. We will not be liable to pay Commission on any Players who are not tracked due to modified tracking codes or links.
4.4 Commissions
We will pay you commission on the Customers referred by you. Either on a flat commission basis, called Cost Per Action (CPA Deals) or on a revenue share basis. We will not pay commissions on accounts that violate our single account per player rules.
5 Acceptance of Players
We do not accept players residing in the following countries / territories:
Belarus
Belgium
Bulgaria
Cayman Islands
Denmark
France
Hong Kong
Iran
Iraq
Israel
Italy
Japan
North Korea
Poland
Romania
Saudi Arabia
Turkey
Ukraine
United States of America
Vatican City
At our sole discretion and depending on modifications to current gaming legislation we reserve the right to modify the above list.
6 Commission Terms & Conditions
6.1 Type of Deals
Locus Affiliate Programme offers two types of commission models:
- Cost Per Action or Cost Per Lead Deals (CPA or CPL Deals)
- Revenue share deals
6.2 CPA or CPL deals
CPA deals constitute the payment of commission either on a flat bounty basis for each depositing Customer referred to the Casino room or on a tiered basis, subject to the Deposits or Casino Net Revenue earned from a Customer. All CPA Deals are negotiated on a case by case basis, with the specific terms agreed in advance. CPA deals are based on the referral of new customers to the casino, who have not already been referred to the casino and are not attributed to another affiliate or acquisition channel.
CPL deals may also be available to selected affiliates on a case by case basis. CPL deals constitute the payment on a flat bounty basis for each referred customer that registers to the Casino room. A deal may be solely CPL or a combination deal of CPL with revenue share or CPA.
6.3 Revenue Share Deals
All Revenue Share deals are as per the Standard Revenue Model outlined below, unless explicitly agreed and contracted otherwise.
During the term of this Agreement, we will pay you commission on a Revenue Share basis, based on the number of Your referred Customers in the month when the Casino Net Revenue was earned.
The Affiliate Commission structure is outlined below. This Commission percentage is payable on all of your referred Customers both previously and presently acquired, who currently play in the Locus Gaming casinos.
| Number of new Depositing Customers referred per month | % of Casino Net Revenue which is Affiliate Gaming Revenue |
|---|---|
| 0-2 players | 25% |
| 3-10 players | 30% |
| 11-50 players | 35% |
| 51+ players | 40% |
We have and reserve the right to pass on any Fraud Costs to Your account and/or terminate this agreement at our discretion.
The following terms shall have the following meanings
Gross Gaming Revenue: The total revenue generated by the casino as a result of all deposits by players introduced to the casino by You.
Admin Costs: The value of payment processing fees, free credits, fraud adjustments or cash handed out to players by the casino or any other direct costs incurred to maintain the loyalty of a player (e.g. the cost of a gift to a player)
Net Gaming Revenue: Gross Gaming Revenue minus Admin Costs
Affiliate Gaming Revenue: The revenues due to You, based on the percentage rev share and the Net Gaming Revenue.
Balances carried over: In the calculation of Commission where the Net Gaming Revenue is negative due to Customer winnings and/or Admin Fees and/or Cash Items said balance will be set to zero at the end of each calendar month. There is one exception to this rule:
- A negative balance due to Fraud costs will however be carried over where applicable.
6.4 Commission Payment
We endeavour to process the Commission earned by You in the previous calendar month within seven working days of the following month. We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.
6.5 Payment Options
Payment shall be made by Us to You by way of the method selected by You on registration, at the market exchange rate of the day of payment should currency exchange be necessary. Should an affiliate fail to register a valid payment method either upon registration or acceptance of these Terms and Conditions, Locus Affiliate Programme will contact you to inform you to update your details. Failure to respond or update your Payment details after a period of three months will result in This Agreement being terminated.
6.6 Qualifying Balance for Payment
Referral fees will be based upon our good faith calculation based on our statistics. Affiliates will only be paid referral fees once they have a balance of £100 or more owing to them.
We reserve the right to change the Commission schedule and method of calculation of Commission.
7 Second Tier Affiliate Commission
You may also earn commission through recruiting or referring other affiliates to the Locus Affiliate Programme. In order to have another affiliate attributed to you as a sub-affiliate, you must submit in writing their details, including a request for them to be attributed to you as a sub-affiliate.
The Locus Affiliate Programme will, at its sole and unfettered discretion, determine whether the sub-affiliate can be attributed to you. The commercial terms are agreed on a case by case basis – to request details on recruiting sub affiliates please contact help@locusaffiliates.com
8 Intellectual property
8.1 Marketing Materials
Once successfully registered as an Affiliate of the Locus Affiliate Programme, You will have access to Our banners, text and/or other online and offline promotional materials (collectively “Approved Marketing Material”). You may place said materials on Your site, and/ or utilize them via e-mail and/ or direct marketing and/ or print media. These are the designated methods by which You may advertise on behalf of Locus Affiliate Programme. You may not alter any of the Approved Marketing Materials or make use of other marketing materials without Our prior written consent. If you have any uncertainty with regards to your use of marketing material, please contact help@locusaffiliates.com before publication. All Approved Marketing Material must be kept current and You shall utilize new Marketing Material forthwith after it is made available to You by Us.
8.2 Your marketing activities
You will be solely responsible for the development, operation, and maintenance of Your site and/or Marketing methods and activities and for all materials that appear on Your site and/or distributed via Your Marketing methods and activities. For example, You will be solely responsible for ensuring, amongst other things, that materials posted on Your site are not libellous or otherwise illegal. In the case of Approved Marketing Material You are required to ensure that all news, offers and promotions in relation to Locus Affiliate Programme are current and up to date.
8.3 Copying of Sites or Theft of Site Content
Due to an increase in complaints regarding the above, if it can be proven that affiliate earnings have been lost due to an incident of copying theft, revenue generated by the offending affiliate may be paid to the aggrieved party. Complaints should be sent to help@locusaffiliates.com for investigation.
8.4 Licence to use Intellectual Property
The licence granted to You in terms of clause 3.1 above may not be sub-licensed, assigned or otherwise transferred by You to any third party without our prior permission. You shall not, during the term of this Agreement nor at any time thereafter, assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
8.5 Confidential Information
Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Us or You, respectively, or any of Our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
During the term of this Agreement, You may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Locus Gaming and/ or Locus Affiliate Programme (including, for example, Commission earned by You under the Locus Affiliate Programme). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have Our prior written consent and that You will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
8.6 Data Protection
You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate.
9 Key Requirements
9.1 Fraud
You may not run more than one Locus Affiliate Programme Affiliate account at any one time.
You shall not earn Commission on the Net Win and/ or Net Rake of any Second-tier Affiliate if, the Affiliate is Your employee, director, shareholder or agent or, in the case that You are a natural person, they are Your employee, agent or direct family member.
You shall not earn Commission on the Net Revenue on Your own Customer Account nor on the Customer Account/s of Your employees or family members.
If You or Your employees sign up as a Customer at one of Our Casino Products We shall have the right to terminate this Agreement.
You are not permitted to recruit customers, or collude with customers in order to conduct any of the following activities:
- A chargeback executed by a Player
- Bonus abuse by Player or group of Players
- Encouragement by you (or third party) to a Player to abuse Our bonus offers
- Collusion on the part of the referred player with any other player or players
- Offering or providing unauthorised incentives (financial or otherwise) by you or any third party to Players to encourage them to sign up
We have and reserve the right to pass on any Fraud Costs to Your account and/or terminate this agreement at our discretion.
9.2 Money Laundering
You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Locus Affiliate Programme to facilitate criminal activity.
If we have any knowledge or suspicion envisaged for point 8.2.2 We may (a) immediately suspend, deregister or terminate Your membership of the Affiliate Programme; and/ or (b), in our absolute discretion, not pay You any funds due to You as Commission.
We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
9.3 Inappropriate websites
Any form of traffic that is generated from any medium that is aimed at children, promotes violence, includes Pornographic or Narcotic material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring Locus Gaming into disrepute or prejudice the interests of Locus Gaming in any way is considered unsuitable and constitutes a breach of agreement.
9.4 Spam
You must not, either directly or indirectly, be a party to the generation, processing, and dissemination of Spam either for email, SMS or any similar activity.
9.5 Use of brands terms in paid search advertising
The use of domain names, brand names or any bid made by you to any paid search engine advertising on keywords: Locus, Jack Gold, Jack Gold Casino, and any reasonable variations thereof, or words that are confusingly similar, is forbidden.
We reserve the right to terminate your account without prior notice if We become aware of and determines, at our sole discretion, that you are actively bidding on our brand terms when search engine marketing.
9.6 Bribery and Corruption
Legislation applicable to the Affiliate includes Bribery Act 2010, Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916, or any similar anti-bribery or anti-corruption legislation of any jurisdiction.
in relation to this Agreement and/or its subject matter, neither the Affiliate nor any of its employees, sub-contractors or agents or others performing services on behalf of the Affiliate has done (or agreed to do) or will do (or agree to do) anything which constitutes a breach by the Affiliate of any Bribery Legislation.
the Affiliate has in place, and will at all times during the term of this Agreement continue to have in place and enforce, adequate procedures designed to prevent any person associated with the Affiliate from committing an offence under any Bribery Legislation and as a minimum such procedures comply, and will at all times during the term of this Agreement comply, with the Bribery Act 2010.
the Affiliate will procure that the Affiliate and each of its agents, sub-contractors and others performing services on its behalf which in each case is involved with the subject-matter of this Agreement will report any suspicion which the Affiliate (or any of its employees, agents, sub-contractors or others performing services on its behalf) has that there has been, or is likely in future to be, any breach of any Bribery Legislation in relation to this Agreement and/or its subject matter.
the Affiliate will promptly co-operate (and will procure that each of its employees, agents, sub-contractors and any others performing services on its behalf in relation to this Agreement and/or its subject matter will co-operate) with Locus Gaming and/or any regulator and/or prosecutor in any investigation relating to any breach, or alleged breach, of any Bribery Legislation by the Affiliate or any of its employees, agents, sub-contractor or others performing services on its behalf.
as at the start date of this Agreement there is no outstanding investigation of the Affiliate under any Bribery Legislation and in the last six years the Affiliate has not been convicted of any offence under any Bribery Legislation or reached any settlement in relation to any alleged breach of any Bribery Legislation and has not self-reported any breach or suspected breach of any Bribery Legislation.
10 Termination
10.1 Termination
Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
10.2 Consequences of Termination
All rights and licenses granted to You in this Agreement shall immediately cease at the time of termination. You must immediately remove any reference to Locus Gaming and its casinos from Your site and disable any links from Your site to same. In particular, You shall immediately remove access to any derivative website established by Yourselves.
If We continue to permit activity (generation of revenue) from Customers directed by You after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
You will return to Us any Confidential information and/or Customer Information, and all copies of it in Your possession, custody and control and will cease all uses of any trade names, service marks, logos and other designations relating to Us or to Our Merchants. You will take immediate steps to transfer ownership to Our Merchants of each derivative URL established by You at a cost to Locus Gaming and/or Our Merchants not exceeding that incurred by You in registering the derivative URL.
You and We and Our Merchants and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate You from any liability arising from any breach of this Agreement, that occurred prior to termination.
We may terminate this agreement if we determine (in our sole discretion) that your site is unsuitable.
11 Indemnity, disclaimers and Limitation of Liability
11.1 Indemnity
You shall defend, indemnify, and hold Locus Gaming and our electronic cash providers, suppliers, contractors, agents, 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
- any breach by You of any warranty, representation, or agreement contained in this Agreement,
- the performance of Your duties and obligations under this Agreement,
- Your negligence or
- any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorized use of Our banners and link or this Affiliate Programme. Furthermore, You will indemnify and hold Us harmless from all claims, damages, and expenses (including, and without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of Your site.
11.2 Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Programme, Locus Gaming or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our Site (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
11.3 Limitation of Liability
We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Programme, even if We have been advised of the possibility of such damages. In addition to this, Our aggregate liability arising with respect to this Agreement and the Programme shall not exceed the total Commission paid or payable by Us to You under this Agreement. Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
12 Miscellaneous
12.1 Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any legal partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You shall have no authority to make or accept any offers or representations on Our behalf. You shall not make any statement, whether on Your site or otherwise, that conflicts with this clause.
12.2 Local legislation
You will not be treated as an employee with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or any other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned Code and Acts.
12.3 Representation of The Locus Affiliate Programme
You shall not make any claims, representations, or warranties in connection with Locus Gaming and You shall have no authority to, and shall not, bind Us to any obligations outside of this Agreement, unless agreed to in writing by Locus Gaming.
12.4 Governing Law
This Agreement will be governed by the laws of The Isle of Man. The Government of the Isle of Man has licensed Locus Gaming, the operators of the Locus Gaming Affiliate Programme and Jack Gold Casino, under the provisions of the Isle of Man Gaming Ordinance.
12.5 Mutual Support
Both Parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this Agreement.
12.6 Third Parties
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
12.7 Assignability and Inurement
You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
12.8 Non-Waiver
Our failure to enforce Your strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Our right to subsequently enforce such provision or any other provision of this Agreement.
12.9 Remedies
Our rights and remedies hereunder shall be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of Our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that Our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
12.10 Severability/Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
12.11 General
This agreement will stay in effect for so long as Locus Gaming makes this service available, unless this agreement is terminated.
