A CPA of up to 35€ is also available.
1.2 COMMISSION PAYMENTS AND FEES
Affiliates are paid by the 15th of the month. Jackpotjoy and Sunbingo afilliates can receive your payment via electronic bank transfer, Neteller or Moneybookers in £ currency. Botemania affiliates will receive payment via electronic bank transfer or Moneybookers in € euro currency.jackpotjoy and Sunbingo afilliates get paid by electronic transfer once the balance earned reaches £200 and by Moneybookers or Neteller once the balance reaches £100. Botemania affiliates get paid by electronic transfer or by Moneybookers once the balance reaches €150. If the balance is less than these amounts it will be carried over until the thresholds have been reached.Money credited to your account does not accrue interest. In the event that an affiliate enters incorrect bank details and the payment is not completed, the affiliate will have the bank charges associated with this error deducted from their commission earnings. Market-ace reserves the right to withhold affiliate payments which it deems to be of a suspicious nature. By suspicious we mean the following: if Market-ace determines, or suspects, that a transaction is suspicious and involves or may involve financial crime or similar activity, Market-ace reserves the right to retain the amount of that transaction and any other transaction made by you. Market-ace reserves the right to withhold CPA payments for referred players from countries other than the UK. Market-ace can withdraw an affiliate promotion at any time for any reason if Market-ace, at its sole discretion, deems the promotion harmful, inappropriate, aimed at undesirable countries or in any way in violation of this document.
Market-ace Brands do not knowingly accept bets from residents domiciled in US territories or Australia, or individuals using US issued bank cards. For full details, please read the Player Terms and Conditions on the websites of the Market-ace Brands.Market-ace will not knowingly pay commission monies to affiliates generated from players identified as wagering from US territories or Australia.
1.3 TIERED AFFILIATE FEES
Affiliates will also earn 2% on commission fees generated by Affiliates they have referred to the Market-ace affiliate program (Second Tier Affiliates).
2.1 REGISTRATION
To sign up as a Member of Market-ace and to use the Service as an Affiliate you must be at least 18 (eighteen) years of age.
2.2 THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN MARKET-ACE:
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, age, promote illegal activities or violate intellectual property rights. You agree that you have read the documentation for the Service and understand its features and rules. As part of the registration process, you will select an email and password combination that you use to access your Member area within the Service. You shall provide Market-ace with accurate, complete and updated registration information.
You may not select the name of another person with the intent to impersonate that person or deceive Members or other users as to your true identity.You agree that Market-ace may rely on any data, notice, instruction or request furnished to Market-ace by you that is reasonably believed by Market-ace to be genuine and to have been sent or presented by a person reasonably believed by Market-ace to be authorized to act on your behalf. You shall notify Market-ace by e-mail at affiliates@market-ace.com of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Market-ace and commission to the appropriate authorities in the relevant country.
Cashback and incentive sites are allowed to participate in Market-ace but Market-ace limits the amount of cashback to be given away by cashback sites to £10 for all the brands being promoted through market-ace; in Botemania, the limit is €10. If a cashback site promoting one or both Market-ace brands gives away an amount over £10 (or €10 for Botemania) Market-ace has the right to suspend the affiliate account. All cashback sites need written communication of approval from the affiliate account managers for promoting any Market-ace brands.
2.3 WE DO NOT CONDONE SPAM
Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that Market-ace is liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should we seek recourse. In this instance the amount determined will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of Market-ace. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.
E-MAILING TO YOUR OPT-IN BULK LISTS
If you use Market-ace promotional content to e-mail to your opt in e-mail lists then you must adhere to the following:
- To clearly display an unsubscribe feature at the bottom of the email (clearly detailing methods of unsubscribing from the mailing list).
- To clearly include the header of the site or company in the email (incorporating site name and logo).
- Not to send any Market-ace offers in the form of emails to people under the age of 18.
- Not to send any Market-ace offers in the form of emails to people who have not willingly entered their email address on my site/s to receive promotional material.
- Affiliates will be responsible for any legal fees that arise out of using these mailers.
- Market-ace does not tolerate Spam - any Affiliate reported for abuse will be removed from the affiliate program.
2.4 PAY PER CLICK CONDITIONS AND RESTRICTIONS
Market-ace do not permit Affiliates to drive pay-per-click traffic for Market-ace Brands - jackpotjoy, Sun Bingo or NOTW Bingo or Botemania. This includes driving traffic to an affiliate or Brand via any search engine, directory or online database by bidding on the Brand registered brand term or any of its variables.
This specifically includes but is not limited to:
3 .1 ACCEPTED USE OF THE SERVICE
You represent to Market-ace that all content you provide to the Service is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libellous, unlawful or otherwise objectionable.As a Member, Links may not be placed in newsgroups or unsolicited e-mail, Any Link placed must be done so in such a way that it is not misleading to any Visitor and done so with the intention of delivering Valid Clicks to the related Market-ace activity for that Link.Market-ace reserves the right to deem any site inappropriate and may terminate the site immediately as an Affiliate Partner member of Market-ace. If you are terminated from the Service, Market-ace has the right to withhold money you earned within the Service.
3.2 LIMITED WARRANTY
The Service, its use and the results of such use are provided "as is." To the fullest extent permissible pursuant to applicable law, Market-ace disclaims all warranties express or implied, including, but not limited to, implied warranties of Market-ace ability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, Market-ace specifically disclaims any warranty (A) that the service will be uninterrupted or error-free, (B) that defects will be corrected, (C) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (E) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
3.3 LIMITATION OF LIABILITY
Market-ace or its suppliers or resellers shall not be liable to you or any other person for (I) any direct, indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the Market-ace service or any information provided on the Market-ace web site or any other hyper linked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Market-ace or a Market-ace authorized representative has been advised of the possibility of such damages or (II) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyper linked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, Market-ace liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy. You agree that Market-ace is the neutral host of the Service and has no responsibility or liability in relation to the arrangements that you enter into with Market-ace as part of your use of the Service. Market-ace and Affiliate Partners jointly and severally agree to indemnify, defend, and hold harmless Market-ace and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitor's fees) directly or indirectly arising from or relating to any Offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
3.4 LICENCE TO USE MARKS
Market-ace hereby grants to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Market-ace intellectual property marks solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
4 CONFIDENTIAL INFORMATION
During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Market-ace and/or the Profit Sharing Program (including, for example, commission fees earned by you under the program). 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 purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
5 COMMERCIAL USE ONLY
This Marketing opportunity is for commercial use only, and you, your family members, friends; associates may not make purchases, directly or indirectly, through your tracker for your own personal use or to fraudulently increase the commission fees payables to you.
6 GOOD FAITH
Affiliates will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold commission fees with respect to such traffic.
7.1 TERM AND TERMINATION NOTICE PERIOD
This Agreement shall remain in effect until terminated. Market-ace or you may terminate this agreement for any reason or no reason upon thirty (30) days prior e-mail registered or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination, you shall no longer be entitled to use the Service.
7.2 UPON TERMINATION
Affiliates must remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. Market-ace will pay your final commission for your last calendar month. You will not be entitled to new commission fees with respect to play occurring after the date of termination. If you have failed to fulfil your obligations and responsibilities, we will not pay you the commission fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
8 RELATIONSHIP OF THE PARTIES
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
8.1 INDEMNITY
You shall defend, indemnify, and hold Market-ace, 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 (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and links or this Profit Sharing Program.
8.2 NONASSIGNABILITY
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Market-ace may assign this Agreement to any successor, affiliate or assign.
8.3 FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
8.4 LEGAL TERMS
Market-ace is incorporated, operated and regulated in Gibraltar. The Laws of Gibraltar govern this agreement at all times. All parties are bound to the jurisdiction of the Gibraltar Courts for the settlement of any disputes or claims that arise from participation in this service or in connection with this agreement.
9 INDEPENDENT INVESTIGATION
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer commissions on terms that may differ from those contained in this agreement or operate or contract with web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in this profit sharing program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
10 NON-WAIVER
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modification, additions, deletions or interlineations of this agreement are permitted or will be recognised by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
11 MISCELLANEOUS