Terms & Conditions

Date Version Description
24th October 2018 Version 2.7 Revision of this Document
19th August 2019 Version 2.8 Revision of this Document
1st May 2020 Version 2.9 Revision of this Document
2nd February 2021 Version 3.0 Revision of this Document
2nd August 2021 Version 3.1 Revision of this Document
30th May 2024 Version 3.3 Revision of this Document
30th June 2025 Version 4.0 Revision of this Document
17th March 2026 Added Addendum SUPERTIPSET Promoter Programme

 

Affiliate Terms & Conditions

Immense Group Affiliates Program is owned and operated by Panda Media N.V. having its registered office situated at Schottegatweg Oost 29 D, P.O. Box 423, Curaçao.

By registering for the Affiliate Program, and / or by accessing and utilising any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.

The terms and conditions have been amended as of 20th June 2025 and will apply to any unbilled amounts, for the avoidance of doubt, these amended terms and conditions will take effect from the first day of any unbilled calendar month (“Effective Date“) and by continuing with the Affiliate Program past this date you agree to be bound by this Affiliate Agreement as from the Effective Date, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN IT IS YOUR RESPONSIBILITY TO TERMINATE IN ACCORDANCE WITH CLAUSE 8 BELOW. IF YOU DO NOT TERMINATE YOUR AFFILIATE AGREEMENT THEN THESE TERMS AND CONDITIONS WILL BE BINDING ON YOU.

These Affiliate Terms and Conditions apply to, and are binding upon You, if You participate at the Immense Group Affiliates Program.

Any references to “You” or “Your” shall be interpreted as references to you as an Affiliate together with any websites owned or operated by any Second-tier Affiliate, whereas any references to “Us”, “We” or “Our” shall be interpreted as references to Immense Group.

 

 

1.  Definitions

In this Agreement, capitalized terms shall have the following meaning, unless the context otherwise requires:

  • “Affiliate” means You, being the natural or legal person participating in the Immense Group Affiliates Program;
  • “Affiliate Account” means Your approved personal account that is created for You as an Affiliate of the Website, and which is accessible by Logging in on https://dashboard.partnerroom.com/account/login using Your login details;
  • “Affiliate Agreement” means all the terms governing the relationship between You and Us, and include (i) the Affiliate Terms and Conditions, ii) any appendixes to this Affiliate Terms and Conditions, (iii) any separate supplementary agreements You and Us may enter into, including any insertion orders, (iv) the Immense Group Affiliate Privacy Policy, (v) any further agreements, notices, understandings, or rules, or guidelines which may be applicable to you from time-to-time at Our discretion;
  • “Affiliate Customer” means any person that registers with Us after clicking on the Approved Marketing Material, excluding any person that already exists in the Immense Group or that has previously closed a customer account and opened a new one through the Affiliate. A customer will be linked to the last Affiliate who referred the customer to Us based on the Affiliate tracking.
  • “Affiliate Property” means any Affiliate Website, email, SMS, direct mail, social media pages, or any other means used by the Affiliate to market the Website in a lawful manner.
  • “Affiliate Tracker” means a unique tracking link created on your account exclusively for the Affiliate, through which We will track the volume of the Affiliate Customer directed to our Website by the Affiliate.
  • “Affiliate Website” means Your website(s) and any other websites operated by You together with any websites owned or operated by any Second-tier Affiliate; email, SMS, direct mail, social media pages, or any other means used by the Affiliate to market the Website in a lawful manner.
  • “Application Form” means the electronic form available at: https://dashboard.partnerroom.com/account/register “Approved Marketing Material” is any and all marketing material provided by Us to Affiliate for the purposes of this Affiliate Agreement, included, but not limited, text links (including Second-tier Affiliate), banners and other general advertising material expect for Italy, for which, should You publish or direct any marketing material or Affiliate Property, it shall refer to any and all marketing informative material provided by Us to Affiliate for the purposes of this Affiliate Agreement, included, but not limited, text links (including Second-tier Affiliate), banners and other general informative material ;
  • “Bonuses” shall mean any so-called “free spins”, “money back”, vouchers, rebates, discounts and/or similar that the Customer can utilise as payment for stakes.
  • Casino Operational Costs means the expenses incurred by a casino operator in running and maintaining the casino business, which directly impact the affiliate marketing model. These costs include salaries, wages, maintenance, gaming supplies, software and licensing fees, payment processing fees, marketing expenses (including affiliate commissions), server hosting, cybersecurity, compliance costs, administrative expenses, and bonuses or promotions offered to players
  • “Commission/s” means any commission paid by Us to you as an Affiliate as agreed under the Affiliate Agreement;
  • “Confidential Information” means any and all information of a commercial value, considered essential for You and Us, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, the Customer lists, prospect and Customer data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
  • “Customer Account” shall mean Immense Group player account held by the Customers on the Websites;
  • “Customers” or “Players” means any customer/player registered on the Websites, whether sourced by an Affiliate or not;
  • “Database” means any information stored about Affiliates and Affiliate Customers, containing any proprietary Affiliates Customers’ data for the purposes of this Affiliate Agreement, including, but not limited, to Personal Data and contact information, and excluding all other databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement. Database is an asset of a financial value belonging to Us and represent a substantial investment made by Us.
  • “Excluded Territories” means any country, jurisdiction or territory included in the list of countries, as updated by Us from time to time at our Websites which Include:

 

  • “Fraud Costs” means any costs incurred by Us as a result of fraudulent activity;
  • “GDPR” means the General Data Protection Regulation (EU) 2016/679;
  • Gross Bingo Revenue means the aggregate value of all the wagers placed by Immense Group Customers on the bingo section of any Websites
  • The Poolx revenue is the aggregate value of all the wagers placed by Immense Group Customers on the pool betting section of any Websites
  • Gross Sportsbook revenue means the aggregate value of all the wagers placed by Immense Group Customers on the sportsbook section of any Websites
  • “Gross Product Revenue” means either Gross Casino Revenue, Gross PoolX Revenue or Gross Sportsbook Revenue, depending on which product the Affiliate Customer has bet or wagered on
  • “Intellectual Property” means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future;
  • “Leads” means a natural person or a legal entity that has been referred to Us via Approved Marketing Materials;
  • “Money Players” means Affiliate Customers becoming Immense Group Customers that are actively depositing and playing with real money on their Customer Account;
  • “Products” means any gaming products offered and provided on Our Website;
  • “Product Operational Costs” means any operational costs incurred by Us
  • “Second-tier Affiliate” means a sub-affiliate that is introduced, engaged or used by, or as a result of arrangements made by You (pursuant to a written agreement, arrangement or otherwise) to market Our Products.
  • “Spam” means any irrelevant or unsolicited communications which are sent over the internet, whether or not these are sent for the purposes of this Affiliate Agreement;
  • “Parties” means Us and the Affiliate (each a “Party”).
  • “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to Affiliate Customers and/or Affiliates
  • “Platform” means the technical tool belonging to Us to record, register and monitor the Affiliate’s activities, business and the activities between Us and the Affiliate Customer.
  • PoolX Operational Costs means (incl. paid loyalty), regulator taxes, bank fees and chargebacks.
  • “Term” means the period from the date the Affiliate accepts the terms of this Affiliate Agreement until termination of this Affiliate Agreement as per term and conditions outlined in Section 5.
  • “Immense Group Affiliate Program” means the Affiliate program operated by Immense Group, pursuant to which the Affiliate together with any Second- tier Affiliate provides marketing services for Immense Group in return for a commission in accordance with the terms of the Affiliate Agreement;
  • “Immense Group Affiliate Privacy Policy” means the privacy policy applicable to You, if You are a natural person, as data subject under the Immense Group Affiliate Program, and which may be accessed here;
  • “Immense Group Customer” means any person that has opened a new account with Us; has not previously opened an account with Us; has had their  account registration details adequately validated and approved by Us, including (without limitation) that such individual is confirmed to be 18 years of age or above; places stakes, or plays, (as applicable) with deposited money on the Website via the Affiliate’s Tracker(s); and is qualified and authorised to access and use the Website in accordance with the terms and conditions of use of the Website and complies with all applicable laws, rules and regulations.
  • “Immense Group Websites” means any of the following: www.videoslots.com; www.megariches.com; www.dbet.com; www.kungaslottet.se; www.mrvegas.com; Videoslots.es ; videoslots.ca ; mrvegas.ca

 

  1. Application for Immense Group Affiliate’s Program
  • To become an Affiliate with Us You need complete our Application Form and provide Us with the required information concerning Yourself and Your website.
  • It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is compete, true, accurate and that such information is kept up to date at all times.
  • We may request additional information to assess your application.
  • We will, at our sole discretion determine whether to accept an Affiliate Application and our decision is final and not subject to any right of appeal.
  • You should note that the reasons why we may reject your application (or subsequently terminate your participation in Our Affiliate Program) may include, but are not limited to circumstances where: (i) Your proposed marketing provision of services’ methods or Affiliate website(s) are unsuitable for any reason; or (ii) Your Affiliate website(s) includes any content which is unlawful or breaches any rules in any jurisdiction in which You publish or direct any marketing material or Affiliate Property, including on advertising; or (iii) Your Affiliate website(s) includes words or images which are considered harmful, or offensive or exploits the susceptibilities of vulnerable people, children and young people or promotes addiction; or (iv) Your Affiliate website(s) are designed to distribute or promote any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of malware; or (v) Your Affiliate website(s) appeal to children or young people under the age of 18; or (vi) We are unable to verify your identity if You are an individual or the identity of your company if You apply as a corporation.

1.6. When you complete the registration form, and submit the request, accepting our T&Cs, you will receive an automated email with the information required in order for us to accept your application.

When we accept your application to join our affiliate program, you will receive another response indicating the next steps, and the contact email of our Head of Affiliates. You account will then be assigned to an Affiliate Manager in the team.

In order to start tracking your promotions, you will be requested to obtain a tracking link from your account. (Details on how this can be done will be provided by the account manager).

 

1.7 In the circumstances when you would like to engage 2nd tier affiliates, please contact your affiliate manager. We will not accept Tier 2 or sub affiliates unless we are informed. The sub affiliate would need to create a separate affiliate account. Your account manager will then set up the sub affiliation commission according to the agreement with the Master affiliate.

 

 

1.8        If the Affiliate is granted by Us the possibility to use the Platform in order to market about Us, the Affiliate guarantees not to communicate to any third party its username, password, key or any other identifiers enabling access to the Platform; enable any third party to access the Platform in any way; provide any feed from the Platform to any third party.

1.9        You will be solely responsible for the development, operation, and maintenance of Your Affiliate Website(s) and/or marketing methods and activities and for all materials that appear on Your Affiliate Website(s) 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 Affiliate Website(s) 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 Immense Group are current and up to date.

1.10     Affiliates must, and should procure that all Second-tier Affiliates, conduct themselves as if they were bound by the same Licence Conditions and subject to the same codes of practice as Immense Group including but not limited to the UK Gambling Commissions Licence conditions, Swedish Gambling Act (2018:1138), as well as any other laws, codes of practice as amended from time to time in the relevant jurisdictions.

1.11     Neither You nor your relatives are eligible to become Affiliate Customer, Immense Group Customer, Leads or Money Players under any of your commission plans and should You or they do so You will not be eligible to receive the relevant commission. For this purpose, the term “Relative/s” shall mean any of the following: spouse, partner, parent, child, or sibling. The number of Leads per individual household computer is strictly limited to one. Our measurements and calculations in relation to the number of Money Players and the relevant Gross Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal. We shall make the number of your Money Players and the relevant Gross Revenue figures available to You through the Affiliate information site that is located here. To permit accurate tracking, reporting, and commission accrual, You must ensure that the Links between your Affiliate Website(s) and the Sites are properly formatted throughout the term of this Agreement.

 

1.12     We grant the Affiliate a non-exclusive right to display the Approved Marketing Material on the Affiliate Website as set out in this Affiliate Agreement and in accordance with the Our Affiliate Marketing Guidelines as may be provided to the Affiliate from time to time. Kindly note that said right can vary from Jurisdiction to Jurisdiction in accordance with the local laws and requirements.

 

 

2. The Affiliate’s Rights and Obligations

2.1. General

 

  • Your right to take part in Our Affiliate Program by marketing and promoting Our Sites as described in Clause 3.1 above is always subject to the obligations set out in this Clause 2.
  • Your breach or failure to perform or observe any of them will entitle us to terminate your membership of Our Affiliate Program immediately on written notice to you and without any liability to you or, in our sole discretion, we may require you to remedy your breach or failure pending which we may suspend your rights under these Terms and withhold indefinitely any Commission due to you:
  • During the Terms of the Affiliate Agreement, You warrant and undertake that:

 

  1. You shall not alter any of the Approved Marketing Materials or make use of other marketing materials without Our prior written consent. Should You be in any doubt, please contact Us before publication; and
  2. All Approved Marketing Material must be kept current, and You shall utilise newly Approved Marketing Material forthwith after it is made available to You by Us. You acknowledge and agree that we may, at any time, impose special rules relating to marketing via emails, SMS, or direct mail, which may include the imposition of additional terms, provided that SMS or Direct email campaigns can only take place following the granting of explicit permission by Us; and
  3. You shall not attempt to intercept or redirect (including, without limitation to user-installed software) traffic from or on any other website that participates in the Affiliate Program; and
  4. You shall not take any action that could reasonably cause any confusion as to Our relationship with You, or as to Immense Group Websites on which any transactions are occurring; and
  5. You shall not post or serve any Approved Marketing Material on any website not owned by the Affiliate using framing techniques including but not limited to pop-up/pop-under windows, or assist, authorise or encourage any third party to take any such action without the Our prior written consent; and
  6. You shall not use any spyware, adware, malware, robots, AI tools or software, forced clicks, automatic openings, automatic cookie dropping, or cookie stuffing on your Affiliate Website; and You shall not post or serve any advertisements or content promoting Our Approved Marketing Material or Immense Group Websites in the Excluded Territories; and
  7. You shall not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam. Without prejudice to Clause 2.x below, You acknowledge and agree that any form of Spam whatsoever will result in your Affiliate Account being placed under review immediately and any commissions due to You will be withheld pending an investigation. If We incur any expenses and/ or damages in dealing with such Spam generated mail, including being blocked by third party Internet Service Providers, these same expenses and/ or damages will be deducted from Your Affiliate Account. If this occurs, the amount of such expenses and/ or damages will be deemed fair, final and acceptable to You. Should these expenses and/ or damages not be covered by funds in Your Affiliate Account, we have the right to investigate alternative means for obtaining payment from You. Should Your Affiliate Account not be active, nor be generating profit through commission payments, We shall have the right to demand payment directly from You.

 

  • Breach of this clause 2.1 may result in termination of your Affiliate account and Immense Group retains the right to withhold any monies due to you.
  • In the event that You are a legal person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; and the execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound;

 

2.2.  Anti Bribery, money laundering, counter terrorism financing and due diligence

 

  • You agree, upon our request, to submit to us copies of any personal documentation (for example, a copy of your passport or other government issued identification) or (if you are a company) such corporate documents as we may specify) in order for us to complete our customer and business due diligence obligations in accordance with applicable laws, such as counter-terrorism, anti-money laundering laws and regulations, in force from time to time.

 

  • In performing your obligations under this Affiliate Agreement, You warrant that You will comply with all applicable rules, laws, and regulations, including all applicable anti-corruption, anti-money laundering and bribery rules, laws and regulations, including those governing the providing of incentives, inducements, kickbacks, gratuities or bribes under (without limitation)

 

 2.3. Responsibility for Your Affiliate Website(s) and/or Marketing Methods and Activities

2.3.1 The You acknowledge that We hold a gambling licence in multiple jurisdicitons and are subject to such jurisdicitons’ local laws and regulations that relate to gambling and specifically marketing provision of services related to gambling.

2.3.2  The Affiliate acknowledges that it will respect the above objectives and agrees that it will act at all times in a manner that is consistent with these objectives during the Term of this Affiliate Agreement.

2.3.3. The Affiliate acknowledges that promoting the Approved Marketing Material is subject to legal restrictions in some countries and may even be prohibited. Such restrictions may vary from time to time. The Affiliate shall not enter into this Affiliate Agreement if it targets any markets where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. The Affiliate shall be exclusively liable for such actions and shall hold Us harmless and shall fully indemnify Us for any liability incurred by Us if it doesn’t comply with the provision above.

2.3.4 We will register the Affiliate Customers and will track their gaming activity. We reserve the right to refuse any Affiliate Customer (or to close their accounts at any time) if necessary, to comply with any legal obligations, or with any requirements that they themselves may periodically establish.

 

2.3.5. You  shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Immense Group trademarks or Intellectual Property belonging to Us, or variations thereof in the “domain name”, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate Website which are identical or similar to any of Immense Group  trademarks. The Affiliate shall not create pages falsely representing any Immense Group trademark in any social media channels (including, but not limited to, Facebook, Google +, Twitter etc.).

2.3.6. The Affiliate represents, warrants and undertakes that the Affiliate Website shall not contain, or link to, any material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights (including but not limited to IP infringing websites).

 

2.4.  Good Faith / Ethical Conduct

  • You will not knowingly benefit from known or suspected traffic not generated in good faith, or via Spam, whether or not it actually causes damage to Us (“Bad Traffic”).
  • Bad Traffic may include but is not limited to circumstance where any traffic, leads, clicks, or conversions generated through fraudulent, deceptive, or unethical means, including but not limited to the use of bots, automated scripts, cookie stuffing, traffic laundering, fake or stolen credentials, or any other method intended to artificially inflate affiliate commissions or misrepresent genuine user engagement.
  • Bad Traffic shall result in Us retaining commissions and Our decision in this regard will be final and no correspondence or negotiations of any sort will be entered or entertained. We reserve the right to retain all amounts due to You, either current or future, under this Affiliate 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 referral fees with respect to such traffic.

 

2.5 Fraud

2.5.1 Any conduct by You or any Second-tier Affiliate that Immense Group in its sole discretion determines to be fraudulent conduct which includes, but is not limited to:

  • 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 or attempt of 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.

2.5.2 We have and reserve the right to pass on any Fraud Costs to Your Affiliate Account and/or terminate this Affiliate Agreement at our discretion.

2.6        Restrictions

2.6.1. You are not permitted more than one Immense Group Affiliate Account.2.6.2. You shall not earn Commission on the net win of any Second-tier Affiliate if, in the case that You are a legal entity, they are 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.

2.6.3. You shall not earn Commission on the net win on Your own Customer Account nor on the Customer Account/s of Your employees or family members.

2.6.4.4 You or any of Your associated employees shall not sign up as Immense Group Customer.

2.6.5 It is forbidden to offer cashback to your players. Immense Group Affiliate program will not honour any commissions for any registrations or depositors that are generated by cashback or incentivized traffic.

2.6.6 You and/or any Second-tier Affiliate shall not send any direct marketing messages including e-mails, direct mail (post), telephone calls or SMS’s on behalf of Us to anyone in the United Kingdom, Denmark, and Sweden.

2.6.7 Breach of this clause (2.6.6) may result in termination of your Affiliate Account and Immense Group retains the right to withhold any monies due to you.

 

  1. Immense Group: Our Rights and Obligations

3.1. General

3.1.1. In order to track Affiliate’s Customers gaming activity, you will need to take a unique tracking link under the Market Place section in your account. User manual and Walk through video will be provided to support you in taking the correct tracking link. It is Your sole responsibility to ensure that the tracking links You use are in the correct syntax.

We cannot track players referred by You if the links You use are incorrect, so it is vital that You make sure to copy the code exactly as presented in the Immense Group Affiliate Platform.

  • We will not be liable to pay Commission on any Affiliate’s Customer who are not tracked due to modified tracking codes or broken links.
  • We will generate a periodic report based on the tracking activity pursuant to this Clause 3 and We will provide You with remote online access to generated reports of the Affiliate’s Customer activity and the Commission attracted by that activity3.1.2. The style, form, content and frequency of generated reports may, at our discretion, vary from time to time.
  • Subject to your continuous compliance with this Affiliate Agreement and based on the revenue generated through the promotion of Our products and services and by players referred by You, We will facilitate payment of agreed Commissions. We reserve the right to change payment options and payment terms at any time and for any reason.

3.2.  Commission Plan

  • 2.1 4.3.1 Immense Group offers You the opportunity to earn commission via a Revenue Share Plan (“RSP”). You can read more about this plan below and the pay-out tiers. We are also open to discussing the possibility of any bespoke commission plans with You. If You wish to discuss these with us directly, please contact [email protected]
  • The RSP is calculated based on the total Gross Product Revenue generated by the individual players you refer (i.e., Affiliate Customers) which become Immense Group’s Customers minus any Operational Costs incurred by Us:

Total individual Affiliate Gross Product Revenue – Product Operational Costs = Commission payable

The Commission shall depend on the Please see the table below for a breakdown of how this works:

 

Number of new players per calendar month Default Revenue Share for active money players on Casino Default Revenue Share for active money players on Sportsbook

Default Revenue Share for active money players on Poolx

 
1-5 25% 15% 15%
6-10 30% 20% 15%
11-20 35% 25% 20%
21-40 40% 30% 20%
41+ 45% 35% 25%

 

The applicable commission plan, which in these cases is CPA (Cost Per Acquisition) is determined by the product on which the Affiliate Customer places their first wager or bet. For example, if an Affiliate Customer was referred via your Sportsbook site but their first wager is on Casino, the commission for that Affiliate Customer will be assigned to the Casino commission plan, even if such Affiliate Customer subsequently places bets or wagers on any other product.

Any disputes concerning the received commission must be raised within six (6) months from the date when the commission was generated.

 

Revenue generated through Battle of Slots does not form part of the revenue share calculation and is therefore not part of the Affiliate earning program.

Payments are settled every month, always one month in arrears.

We do not enforce negative carryover from previous month.

The minimum commission pay-out that can be made to Your Affiliate Account is €150. In the case that your commission for the month is lower than €150, the amount shall be carried forward to the next month.

If you are deemed in breach of your obligations under Section 3 above then, subject to you proving to our satisfaction that you were not in breach, Immense Group has the right to withhold and retain any monies due to you until you are deemed to comply with your obligations, and/or to deduct costs, expenses and damages suffered by Immense Group in connection with the breach of your obligations, and/or to wholly or partially forfeit, cancel and confiscate any and all Commission which would otherwise have been due to you and for the avoidance of doubt this includes any Commission which would otherwise have been earned by you in the future in respect of Affiliate’s Customers referred by you prior to the breach of your obligations.

In the case of players being self-excluded within the same month of the registration, no CPA and Hybrid (CPA part) commission will be paid for those particular players.

3.3.  Payments and Payment Options

  • Payment shall be made by Us to You by bank transfer to Your account.
    • We may from time-to-time require that You, after receiving a notification thereof, carry out any reasonable and necessary actions inter alia: migration to a new affiliates’ platform, changing and/or updating current, active tracking links, and/or generating new tracking links etc. This is a non-exhaustive list for illustrative purposes only and Immense Group reserves the right at their sole discretion to make other requests to You which are of a similar nature.
    • The request for completion of these actions, as set out above, will be communicated to You with a reasonable deadline. Should You fail to comply with the request, Immense Group reserves the right to withhold and retain any monies which are due to You, for any reason, until such request is deemed completed.
    • Should You fail to complete any request made under clause 4.8.2, We reserve the right to cease the accrual of any monies by You immediately following the expiration of the deadline, with any monies accrued potentially forfeited to Immense Group. Any Commission or funds withheld from You during Your period of non-compliance may be paid to You when You are once again compliant. Equally, as stated above, Your non-compliance may result in the forfeiture of any Commission or funds, which would otherwise have been payable to You during said period of non-compliance, this would be entirely dependent on the specifics of the scenario. You warrant that any funds forfeited will be retained in their entirety by Immense Group, and You renounce any claim to these.
    • Where in accordance with clause 4.8.4 above, Your funds have stopped accruing and/or have been forfeited, following the rectification of any failure to perform by You, accrual of monies will begin from the date on which conformity is achieved, with payment made to You one month in arrears
    • The Company reserves the right to reduce the Affiliate’s Commission/change the Reward Plan or close your account, withholding / confiscating any funds if:

 

  1. The Affiliate substantially reduces its efforts to promote the Company, except in markets where affiliate activity is restricted (e.g. Netherlands), and/or
  2. The existing Reward Plan results in a financial loss to the Company, and/or
  3. The Affiliate does not generate a minimum of 6 New Depositing Affiliate Customers in a period of 3 months, except in markets where affiliate activity is restricted (e.g. Netherlands), and/or
  4. In the event of legal/regulatory changes to a market.

 

 

  1. Intellectual Property Rights

 

  • All Intellectual Property Rights created and/or deriving out of this Affiliate Agreement, including, without limitation, banners, advertising or informative material where applicable, the Platform and Personal Data, shall be or become the sole property of Ours, and the Affiliate shall have absolutely no rights therein.
  • 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.
  • You shall not alter or modify, in any way, the Approved Marketing Material without Our prior written consent.

 

 

  1. Term and Termination

 

  • 1The term of this Agreement will commence on approval of Your registration to Immense Group Affiliate platform and shall endure until terminated for any reason on notice by either Party.
  • Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via email is considered a written and immediate form of notification and the Agreement shall accordingly terminated with immediate effect.
  • We may terminate this Affiliate Agreement with immediate effect if we determine (in Our sole discretion) that:

 

  1. a) Your Affiliate Website(s) to include any Second-tier Affiliate site is unsuitable (or you are misusing the site);
  2. You or any Second-tier Affiliate are conducting your operations in a manner that is not compliant with the applicable laws, regulations or guidance issued by any competent authority or regulator and you are not taking steps to rectify such non-compliance;
  3. You or any Second-tier Affiliate refuse to act upon our specific written instructions relating to unauthorised and unapproved content relating to our Intellectual Property;
  4. You or any Second-tier Affiliate are conducting your operations in a fraudulent manner;
  5. You or any Second-tier Affiliate are using marketing material in an incorrect and/or inappropriate manner
  6. You or any Second-tier Affiliate are in any way breaching any of the terms of the Affiliate Agreement; including, but not limited to, the terms of the bullet points listed in clause 1.1, which shall be interpreted as ongoing obligations on You for the duration of the Affiliate Agreement (and shall be enforced accordingly);
  7. We reserve the right to terminate if, in Our opinion, the Affiliate or any Second-tier Affiliate is in breach of Agreement (including, in particular, but not limited to clauses 3.3., 3.5 and 3.10 or if the Affiliate or any Second-tier Affiliate has otherwise acted in a manner which is inconsistent with the licensing objectives of any laws or regulations to include but not limited to the objectives set out at section 1 of the UK Gambling Act 2005 and/or Swedish Gambling Act (2018:1138) and/or the Italian gambling primary laws and regulations, article 9 par. 1 of Dignity Decree and any further AGCOM resolutions; Art 7 Balduzzi Decree; Art. 1, pp. 937 – 938 – 939 Stability Act for 2016; any Italian gambling regulation issued by the ADM; the GDPR and Data Protection Code no. 196/2003.
  8. (9) The Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner or in case the Purchasing Company’s (specified under article 1.8. of this Affiliate Agreement) activities are either in conflict with the Company’s (for example the Affiliate’s Website is purchased by companies providing the same or similar services) or if its practices falls within article 1.12 of this Affiliate Agreement;

(10) the legal and/or regulatory situation in the market has changed or is in the process of changing to such an extent that the objectives of the Affiliate Agreement can no longer be achieved and/or no longer correspond to the market reality.

(11) if the Affiliate does not generate any new Money Players for a period of 6 (six) months.

5.2.3  Immense Group retains the right to withhold and confiscate any monies due to you in the event of a breach of any term of this Affiliate Agreement.

5.2.4 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 Us into disrepute or prejudice the interests of Us in any way is considered unsuitable and constitutes a breach of the Affiliate Agreement.

5.2.5 Any suspected breach of any term of this Affiliate Agreement by You or any Second-tier Affiliate of any term of the Affiliate Agreement whatsoever will result in Your Affiliate Account being placed under review immediately and any Commissions due to You being withheld pending an investigation. If Immense Group incurs expenses and/ or damages in dealing with the breach these same expenses and/ or damages will be deducted from Your Affiliate Account. If this occurs the amount of such expenses and/ or damages will be deemed fair and final and acceptable to You. Should these expenses and/ or damages not be covered by funds in Your Affiliate Account we have the right to investigate other alternative means for obtaining payment from You. Should Your Affiliate Account not be active nor be generating profit through commission payments We shall have the right to demand payment from You. In addition, if at the time of termination or notice thereof you are deemed in breach of your obligations under Section 3 above then Immense Group has the right to wholly or partially forfeit, cancel and confiscate any and all Commission which would otherwise have been due to you and for the avoidance of doubt this includes any Commission which would otherwise have been earned by you in the future in respect of the Affiliate Customers referred by you prior to the breach of your obligations.

5.2.6 If your Affiliate Websites or any related marketing materials or your communications are found to breach or infringe any of the above to include, but not limited to, any breach of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP code) and the UK Code of Broadcast Advertising (BCAP code), Gambling Industry Code for Socially Responsible Gaming (as amended from time to time) and/or any breach in Sweden of Gambling Act (2018:1138), Gambling Ordinance (2018:1475), the Swedish Gaming Industry’s Guidelines for Marketing, BOS and SPER Guidelines, Review of marketing in the gambling Market issued by Consumer Agency and etc., and/or the Italian gambling primary laws and regulations, article 9 par. 1 of Dignity Decree and any further AGCOM resolutions; Art 7 Balduzzi Decree; Art. 1, pp. 937 – 938 – 939 Stability Act for 2016; any Italian gambling regulation issued by the ADM; the GDPR and Data Protection Code no. 196/2003, etc. we reserve the right to immediately terminate this Affiliate Agreement and/or your participation in the Affiliates Scheme immediately and withhold any past or future Commissions which have accrued or shall accrue to your benefit. If Immense Group incurs expenses and/ or damages in dealing with the breach these same expenses and/ or damages will be deducted from Your Affiliate Account. If this occurs the amount of such expenses and/ or damages will be deemed fair and final and acceptable to You. Should these expenses and/ or damages not be covered by funds in Your Affiliate Account we have the right to investigate other alternative means for obtaining payment from You. Should Your Affiliate Account not be active nor be generating profit through commission payments We shall have the right to demand payment from You.

 

5.2.7. Notwithstanding articles 5.2.2-5.2.6.  either Party may terminate the Agreement at any time by giving thirty (30) days written notice to the other Party. In this case, the Affiliate will only be entitled to receive the outstanding Commission due as of the effective termination date of this Affiliate Agreement. However, the Company may reasonably withhold the Affiliate’s final payment to ensure that the correct amount is paid. After such payment, the Affiliate will no longer be entitled to receive any other Commission.

5.2.8. For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.

 

5.2.9. Upon termination of the Affiliate Agreement between the Parties, each Party shall return to the other Party all proprietary material or information and, as the case may be, destroy in a manner acceptable to the other Party all remaining copies of the same. Notwithstanding any disposition contrary to this Affiliate Agreement, the Affiliate acknowledges that – upon such termination – it shall not keep a copy of the Approved Marketing Material, Personal Data or Confidential Information, and may not exploit, directly or indirectly, Our proprietary information, materials or work.

 

  1. Data Protection

 

6.1. If You are a natural person, then the Immense Group Affiliate Privacy Policy applies to You. The Immense Group Affiliate Privacy Policy, which may be accessed here, describes how and why Immense Group processes Your personal data, as an Affiliate of the Website, under the Immense Group Affiliate Program. Should you have any questions at all regarding data protection issues, please contact our Data Protection Officer directly on [email protected]

6.2. You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate, in particular with the GDPR (“Applicable Data Protection Laws”).5.4. By accepting these Affiliate Agreement, you warrant that you are compliant with the Applicable Data Protection Laws. We shall have the right to, at any time during the term of our business relationship, request from you any and all proof as may be necessary to demonstrate Your compliance with the Applicable Data Protection Laws. Such proof shall be requested by Us by written Notice.

 

  1. Liability

 

7.1        We make no express or implied warranties or representations with respect to the Affiliate Program, Immense Group or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, Product ability, 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.

7.2        We shall 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 Affiliate Agreement or the Affiliate Program, even if We have been advised of the possibility of such damages.

7.3        Our aggregate liability arising with respect to this Affiliate Agreement and the Programme shall not exceed the total Commission paid or payable by Us to You under this Affiliate Agreement. Our obligations under this Affiliate Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Affiliate Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

 

8 Indemnity

8.1 You shall defend, indemnify, and hold Us 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 Affiliate Agreement,
  • Any primary laws and regulations’ violation of any jurisdiction in which You publish or direct any marketing material or Affiliate Property on the basis of this Affiliate Agreement
  • The performance of Your duties and obligations under this Affiliate Agreement,
  • Your negligence, and/or
  • Any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorized use of Our banners and link and any marketing material or this Affiliate Program. Further, 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.

8.2 You acknowledge and agree that You will be responsible, and liable to Us for the acts or omissions of any Second-tier Affiliates. You agree to indemnity Us for any loss/damages caused by the acts or omissions of any Second-tier Affiliate.

9              Amendments to this Affiliate Agreement

9.1        We may amend, alter, delete, interline or add to any of the terms and conditions contained in this Affiliate Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. 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.

9.2        Any amendments, alterations, deletions, interlineations or additions to this Affiliate Agreement shall be effective immediately upon notice, by display on the Immense Group Websites and/or given by email to the email address in the Affiliate’s account within our Platform and will be deemed to be served immediately when sent by Us or by pop-up message once the Affiliate logs into the Platform – whichever occurs sooner (hereinafter, “Notice”). Your use of the Immense Group Websites and/ or continued marketing of Us or Our Products after such Notice is given to You shall be deemed to be an acceptance of such terms, amendments, alterations, deletions, interlineations or additions or the new Agreement should this Agreement be replaced in its entirety. Be sure to review this Affiliate Agreement periodically to ensure familiarity with its most current version. If the Affiliate does not agree to such changes, the Affiliate may terminate this Affiliate Agreement in accordance with its terms.

 

9.3        The Affiliate may terminate this Agreement by giving 30 (thirty) calendar days written consent, if it does not agree with the changes made to the Affiliate Agreement and notified to them by Us. However, the Affiliate’s continued participation in the Affiliate Program will constitute binding acceptance to the changes mentioned above.

 

  1. Miscellaneous provisions

10.1 When You register as an Affiliate with Us You accept and acknowledge that the place of execution of this Affiliate Agreement is Malta and that the governing law is Maltese.

You shall not, and you shall procure that no Second-tier Affiliate shall, make any claims, representations, or warranties in connection with Immense Group and You shall have no, and no Second-tier Affiliate shall have, authority to, and shall not, bind Us to any obligations outside of this Agreement, unless agreed to in writing by Us.

10.2 Nothing in this Affiliate Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Affiliate Agreement.

10.3. Nothing in this Agreement shall be construed so as to limit Immense Group in its rights to prevent and deter Affiliate activities deriving economic benefit from non-compliance with this Affiliate Agreement and/or the laws and regulations of any country and to enforce compliance.

10.4 If any of the provisions of this Affiliate Agreement shall be found by any authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Affiliate Agreement which shall remain in full force and effect.

10.5. Unless otherwise provided for, this Affiliate Agreement shall constitute the entire agreement and understanding superseding any previous agreement – between the Parties.  Each Party acknowledges and agrees that by entering into this Affiliate Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Affiliate Agreement or not) other than as expressly set out in this Affiliate Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.

10.6 The Affiliate shall not, without Our prior written consent, assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-licences or deals related to this Affiliate Agreement or any other rights under it, or sub-contract any or all of its obligations under it or purport to do any of the same. Any purported assignment in breach of this article shall confer no rights on the purported assignee.

10.7. Nothing in this Affiliate Agreement is intended to or shall operate to create a partnership between the Parties, or to authorise either Party to act as an agent or employee for the other. Neither Party shall have the authority to act in the name or on behalf of the other Party or otherwise to bind the other Party in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

10.8. Each Party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other Party or of any member of the group of companies to which the other Party belongs which may have or may in future come to its knowledge. Each of the Parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

Annex 1 – General Marketing Guidelines

  1. Affiliates can only use the Approved Marketing Material provided by Us. The Affiliate must not alter the appearance and design of the Approved Marketing Material in any way.
  2. When marketing offers, included but not limited, welcome offers, enhanced price offers and free spins and other promotions, the Affiliate must be as clear as possible and must not mislead existing or future customers in any way. The Affiliate must always make it clear that a promotion is a promotion.
  3. Our up-to-date list of welcome bonus’ offers (applicable only to specific jurisdictions) can be found at:

 

for each different jurisdiction in which You publish or direct any marketing material or Affiliate Property. Where possible, the Affiliate must repeat the same phrase to describe the welcome offer to their users.

  1. Present the chance of winning in a correct and balanced way so as not to create an impression that the chance of winning is bigger than it actually. Affiliates must refrain from using phrases such as ‘Get free money’, ‘Risk-free’ or similar which may mislead the customer.
  2. Affiliates acknowledge that the terms in the Approved Marketing Material or any other promotion must not mislead the customer by omission, exaggeration or by any other means.
  3. Clearly set out that terms and conditions apply to bonuses and offers and ensure that they are just once click away or that an extract is provided where required by the relevant jurisdiction.
  4. The Approved Marketing Material or any other promotion by the Affiliates must include the following mandatory terms:
  • Targeted players (For Example: New players only / Existing players only / Selected players only
  • Age restriction (The age restriction warning sign (+18) must always be displayed on all adverts, banners and campaigns)
  • Deposit information (For example: No deposit required / Min deposit Eur xx etc)
  • Information about offer (For Example: 100% up to € xxx sign-up bonus)
  • Wagering requirements and bonus activation and expiry (Example: 35XWagering requirement / activation date x days, use period – x days);
  • Game restrictions (For Example: Free spins on Starburst / selected games only etc.
  • Links to support groups for each jurisdiction (i.e. begambleaware.org for UK and Malta for instance;Istituto Superiore della Sanità https://www.iss.it/il-gioco-d-azzardo  for Italy), must be clearly visible on an Affiliate’s site;
  • Link to additional key terms and conditions (Immense Group landing page for the relevant jurisdiction);
  • Information that General T&C also applies.

If space is limited, significant terms of the promotion (point mentioned above) must always be displayed in the offer and the term “T&Cs apply” must be displayed in the offer as a link to additional terms and T&Cs of the promotion one click away. The link should refer to either the Affiliate’s page where the T&Cs are displayed or the Immense Group’s Websites where the full set of T&Cs of the promotional offer must be visible.

In addition to it, the Affiliates shall ensure that all marketing, advertising and promotions targeted at potential Immense Group’s Customers under MGA license, except the below mentioned, shall include the following wording set out as below:

  1. Any commercial communications displayed by, within or via social media account portals held by the Affiliate or the Second tier-Affiliates must clearly display:

The Company is excluded from this requirements if the above information is otherwise displayed on our Website.

  1. Any Affiliate Website and/or social media page shall make ensure that it does not place any Approved Marketing Material on pages of the Affiliate Website targeting individuals under the legal gambling age where they are domiciled and does not allow, assist or encourage others to market and promote any Approved Marketing Material, Our services to anyone under the legal gambling age in the countries where they are domiciled.
  2. The Affiliate shall always conduct marketing activities in a lawful manner, which also includes ensuring that the appropriate consents from persons receiving your marketing material is obtained and recorded in accordance with the applicable law;
  3. The Affiliate shall immediately and without delay comply with any written requests by Us to demonstrate your compliance with these terms, and to rectify any breaches of these terms in an expedient manner.
  4. Any Affiliate Website and/or social media page shall not:
  • Portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial social or emotional harm;
  • Exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children young persons or other vulnerable persons;
  • Suggest that gambling can provide an escape from personal, professional or educational depression;
  • Suggest that gambling can be a solution to financial concerns, an alternative to employment, or a way to achieve financial security;
  • Portray gambling as indispensable or as taking priority in life; for example, over family, friends or educational commitments;
  • Suggest that gambling can enhance personal qualities; for example, that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration;
  • Suggest peer pressure to gamble, nor disparage abstention;
  • Link gambling to seduction, sexual success, or enhanced attractiveness;
  • Portray gambling in a context of toughness, or link it to resilience or recklessness;
  • Suggest gambling is a rite of passage;
  • Suggest that solitary gambling is preferable to social gambling;
  • Be likely to be of particular appeal to children or young people, especially by reflecting or being associated with youth culture;
  • Include a child or young person. No-one under 25 years old may be featured gambling or playing a significant role;
  • Exploit cultural beliefs or traditions about gambling or luck;
  • Condone or encourage criminal or anti-social behaviour;
  1. Any links posted by the Affiliate on Facebook, Twitter and any other relevant social media channels can only link to the Affiliate’s own Website in the first instance, which in turn should contain compliant marketing text and then link to Immense Group.   The Affiliate must not post any Affiliate links directly on their social media page(s). Any Affiliates found to have done so will have its Affiliates Account suspended and/or terminated. Moreover, social websites such as Facebook, Twitter and other social media have their own guidelines and policies with regards to marketing of gambling products and the Affiliate must comply with such guidelines and policies.
  2. Any paid social advertising conducted by the Affiliate should promote the Affiliate’s Website and not Immense Group’s Website. It should not be possible for a customer to confuse an Affiliate’s advertising for that directly carried out by Immense Group.
    7.The Affiliate must not use framing techniques such as pop-up or pop-under windows to promote the Immense Group Websites.
    8. Affiliates must not register or purchase any domain names which are identical or similar to, or misspellings of, Immense Group names or trademarks.
    9. Under no circumstances shall the Affiliate market or promote the Immense Group Websites and/or share or publish any Approved Marketing Material, within or to persons from any Excluded Territories. Moreover, the Affiliate shall not assist or      encourage circumvention of any restriction put in place by Immense Group and/or the Website in connection with Excluded Territories.

ANNEX 2 – Advertisement Marketing Guidelines in UK

  1. When conducting marketing campaigns, the targeted persons receiving such marketing are above the legal age permissible in that country, i.e. 18/21/25 years old (as applicable).
  2. Marketing communications appearing in all media, included, but not limited online media such as social networking, video sharing or targeted display advertising, will not appear to children or young persons, especially by reflecting or being associated with youth culture.
  3. Marketing communications appearing in all media, included, but not limited online media such as social networking, video sharing or targeted display advertising will not appear in media where children or young people could make up a significant proportion – more than 25% – of the audience.
  4. Marketing communication appearing in all media, included, but not limited online media such as social networking, video sharing or targeted display advertising, must not be placed in or around media that are obviously directed at the protected age category. In many cases, such media are easy to identify, for instance, a games website for young children; or teen interest magazine and etc.
  5. The Affiliate and/or Second-tier Affiliate upon Immense Group’s request shall provide a prove that they have taken all reasonable steps to reduce the likelihood of those who are or are likely to be in the protected age category being exposed to age-restricted marketing communications.
  6. The Affiliate and/or Second-tier Affiliate will verify the age of any customer before the customer can access free-to-play games on your/their website, if applicable.
  7. The Affiliate and/or Second-tier Affiliate will use the tools available on social network platforms – systems that allow me/us to define a target audience(s) using data from users’ accounts or from other behaviour or interactions – to ensure as far as possible that under-18s are excluded from groups of users targeted with gambling advertising.
  8. All promotions on Affiliate Sites are required to display significant terms and conditions in the body of the promotion and link to a compliant landing page. Terms and Conditions outlined in the Clause 7 outlined in the Annex 1 are considered to be significant (if applicable). In addition to it, the Affiliate and/or Second-tier Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Immense Group’s Customers in the United Kingdom or otherwise subject to regulation by the Gambling Commission shall include the following wording set out as below:
  1. The Affiliate must pay special attention to the provisions of the UK Codes that prohibit marketing that is likely to appeal to those aged below 18 and should not use any medium for gambling advertising where the marketing would be directed at those aged below 18. Affiliates must read the CAP Advice Online article entitled Children & age-restricted ads online.
    10. The term ‘Risk Free’, ‘No Risk’, ‘Urgent’, Now’, ‘Hurry’, ‘Can’t lose’, ‘Get Rich’, ‘Win Big’ or variations of must not be used under any circumstances in relation to the Company’s offers.
    11. The term ‘Money Back’ or variations of must not be used under any circumstances in relation to the Company’s offers. Bonuses are credited as either Bonus Money or Free Bets.

Annex 3 – Advertisement Guidelines in Sweden

  1. The Affiliate is not permitted to offer players bonuses or financial incentives directly linked to gambling other than on the first occasion when a player plays with Immense Group.
  2. The Affiliate is not permitted, therefore, pursuant to this Affiliate Agreement to offer on behalf of the Company directly or otherwise any bonuses or financial incentives (including but not limited to money, gifts, trips, free spins, free games/bets etc) or to run competitions, tournaments or other programmes, which purpose is to ‘reward’ or incentives players to register accounts or playing on the Company’s brand(s).
  3. Welcome offers shall not contain the following wordings, for example: “get a mysterious bonus every Thursday” and “… money back on every bet!”; Statements like “Are you looking for excitement?” followed by the button “Hell yes” and “HELLO!?! NEW CASINO!”; “It just said swoosh!”, “I didn’t even have time to blink” and “The jackpots only rise and rise. The casino is looking for a Swedish winner, check it out and take the chance!”, “This may be your chance to win big! Are you ready ?!”; Test your luck in our casino!” and “Don’t miss all this, do not miss your bonus for new players’’; “Play now”, “Play directly”, “Bet now”, “Try your luck”, “Start playing”, “You should test” and “Try now!” “Are you sure? Get started in less than a minute” and “WAIT” followed by “The chance to win big is waiting for you. Complete the registration and start playing”.
  4. All promotions on Affiliate Sites are required to display significant terms and conditions in the body of the promotion and link to a compliant landing page. Terms and Conditions outlined in the Section 7 outlined Annex 1 are considered to be significant (if applicable). In addition to it, the Affiliate and/or Second-tier Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Immense Group’s Customers in the United Kingdom or otherwise subject to regulation by the Gambling Commission shall include the following wording set out as below:
  • “stodlinjen.se” (link shall be directed to this support organization) or telephone number or email address;
  • “18 + only”.

5.When conducting marketing campaigns, the Affiliate shall ensure:

  • that marketing is not designed in a way that misleads the consumers;
  • that marketing is never designed to suggest or indicate that gaming is risk-free, or that there are products that cannot lead to problem gambling;
  • that marketing does not contain false information about the size of winnings;
  • that marketing of previous winners or winnings is not incorrect or false;
  • that marketing does not exaggerate the chances of winning or suggest that a player is guaranteed to win;
  • that marketing does not contain claims or suggestions that the outcome of a draw in a game of luck is dependent on or can be affected by anything other than chance;
  • that marketing does not portray the game to be a quick/faster path to winning;
  • that any conditions for participating in a marketing activity or for accessing offers (including supplementary benefits) are clear and accessible to the consumer in a manner appropriate to the distribution and marketing channel, allowing the consumer to make an informed decision about his/her gaming;
  • that information on each type of gaming product and game is provided in terms of win frequency and/or prize plan, if applicable to the product, and the share of bets that is paid to players in the form of winnings (RTP share);
  • that the sender is clearly identifiable in all marketing. This also means that clear marketing labeling must be part of collaborations with influencers and bloggers and when purchasing editorial content, unless otherwise stated in applicable legislation, such as the Radio and TV Act; and
  • that it is not suggested by the marketing that it is possible to gamble anonymously or without registration for games that require registration under the Gambling Act.
  • that the marketing cannot be confused with advertising for gaming companies/brands that do not have a gaming license
  1. When conducting marketing campaigns, the Affiliate shall ensure the following:
  • that marketing does not include claims that gaming can provide a solution to financial concerns, an alternative to employment, a way to earn a livelihood or financial security;
  • that marketing does not contain claims that gaming can provide a solution to social, personal or professional issues;
  • that marketing does not portray gaming as necessary, or as a priority in life, e.g. ahead of family, friends, education or professional commitments;
  • that marketing does not portray gaming as a path to social success, for example by using well-known individuals with suggestions that gaming has contributed to their success;
  • that gaming marketing does not claim that the player’s attractiveness increases in a way that leads to sexual success;
  • that marketing does not contain claims that gaming itself entails – or can enhance – positive personal qualities, e.g. that gaming can improve consumers’ self-esteem, self-respect or result in recognition or admiration;
  • that marketing does not represent gaming in a context that links gaming with strength or irresponsibility;
  • that marketing does not contain claims that gaming affects the player’s individual strength and ability to take responsibility;
  • that marketing does not convey degrading views of moderate gaming;
  • that marketing does not promote gaming behaviors where consumers lie about their gaming;
  • that marketing does not promote gaming behaviors where consumers borrow money to gamble;
  • that marketing does not promote gaming behaviors where a consumer thinks more about gaming than the consumer really wants;
  • that marketing does not promote gaming behaviors where a consumer dedicates more time and money to gaming than the consumer really wants;
  • that marketing does not advocate for or encourage consumers to chase past financial losses;
  • that marketing does not encourage gaming with money that the consumer cannot spare;
  • that marketing does not promote or encourage criminal or asocial behavior;
  • that marketing does not imply that gaming is risk-free or that there are products that cannot lead to problem gambling;
  • that marketing does not claim that the chance of winning is affected by factors that constitute superstition;
  • that marketing does not contain pressuring messages such as “you must”, “you have nothing to lose” or “come now”;
  • that marketing does not play on stereotypical notions of male and female;
  • that alcohol does not appear in gaming marketing; and
  • that marketing has a design and a visual language that is not perceived in any other way than moderate and responsible.
  1. When conducting marketing campaigns, the Affiliate shall ensure the following:
  • that the overall impression of marketing, through the choice of, for example, music, backgrounds, characters, as well as the choice of channels and media, is not specifically addressed to or appealing to minors;
  • that information on age limits is clearly stated in the marketing channel and sales distribution channel;
  • that marketing is not designed to exploit inexperience or ignorance of minors;
  • that marketing does not contain any notions or claims that gaming marks the transition from adolescence to adulthood;
  • that marketing does not take place in close proximity to schools and schoolyards;
  • that individuals or groups of minors do not play a central role in gaming advertisements, other than in contexts describing public goods to which gaming companies contribute, provided that gaming products are not directly advertised;
  • that special caution is observed in cases where minors, without having a central role (for example as a peripheral element in the background, as part of a family or equivalent), nevertheless appear in gaming marketing so that the marketing cannot indirectly be considered addressed to or particularly appealing to minors; and
  • that marketing of gaming companies, its products or its logos, are not reproduced on clothing, equipment or products intended for use by minors.
  1. Use of Bank ID is not permitted in any advertising format. The BankID brand consists of the BankID logo and the word mark “BankID”. It is however allowed to rephrase or describe the BankID function.

Please read and comply with the following guidelines:

https://www.bankid.com/assets/bankid/logo/BankID-varumarkesguide-v10-SE-2019-06-11.pdf

  1. The wordmark Swish may be used, provided that it is done in a loyal manner and in accordance with Swish guidelines, together with neutral information that the operator accepts Swish as a payment method. This means that it is not allowed to add descriptive adjectives together with the wordmark Swish or the verb “swisha” eg. “It’s faster with Swish”, “It’s easier with Swish”. It is not allowed to use the word “Swisha”. Please read and comply with the following guidelines:

https://www.getswish.se/content/uploads/2019/02/Guidelines_gambling.pdf

Annex 4 – Advertisement Guidelines in Denmark

  1. In Denmark the marketing of gambling activities:
  • Must present the chance of winning in a correct and balanced way so as not to create the impression that the chance of winning is bigger than it actually is.
  • Must focus on games as a form of entertainment.
  • Must not be aimed at children and young people under the age of 18; neither in its communication form nor in the choice of media.
  • Must not use well-known personalities to suggest that participation in games has contributed to their success when this is not the case.
  • Must not have a content that conveys the impression that participation in games helps provide a solution to financial problems or improves the player’s social acceptance.
  1. All promotions on Affiliate Sites are required to display significant terms and conditions in the body of the promotion and link to a compliant landing page. Terms and Conditions outlined in the Section 7 outlined Annex 1 are considered to be significant (if applicable). In addition to it, the Affiliate and/or Second-tier Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Immense Group’s Customers in Denmark shall include the following examples of conditions are to be considered essential:
  • The bonus only applies to a limited group, such as a bonus which only applies to new customers.
  • Deposit requirements apply to receive the bonus.
  • Play-through requirements applies to receive the bonus, including information of games, which might not count in the play-through statement, or that the player must play at minimum odds for it to count in the play-through.
  • Time limits in order to receive the bonus, such as the expiry of the bonus, or requirements of play-through within a specified period.

For example: ”Receive a DKK 1000 welcome bonus! Deposit DKK 100 or more and receive a 100 % bonus up to a maximum of DKK 1000. Only valid for the following games: […]. A [10] times playthrough requirement to minimum odds of [1,7] applies. Time restrictions of [60] apply, from when the bonus is received.”

  1. The Affiliate and/or Second-tier Affiliate will use the tools available on social network platforms – systems that allow me/us to define a target audience(s) using data from users’ accounts or from other behaviour or interactions – to ensure as far as possible that under-18s are excluded from groups of users targeted with gambling advertising.
  2. In addition to it, the Affiliate and/or Second-tier Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Immense Group’s Customers in Denmark (including, but not limited, Internet and Social Media (For example Facebook, Youtube, Twitter, Instagram and etc.) shall include the following wording set out as below:
  1. More information can be found in “Guideline regarding compulsory disclosure of conditions when marketing a bonus offer” issued by Danish Gambling Authority.

https://www.spillemyndigheden.dk/uploads/2018-11/Guideline%20regarding%20compulsory%20disclosure%20of%20conditions%20when%20marketing%20a%20bonus%20offer_0.pdf

 

 

ADDENDUM – SUPERTIPSET PROMOTER PROGRAMME

This Addendum (the “Addendum”) forms part of and supplements the Affiliate Agreement between Panda Media N.V. (“Panda Media”, “We”, “Us” or “Our”) and the Affiliate.

This Addendum governs the Supertipset Promoter participation in the Supertipset Promoter Programme and shall apply in addition to the Affiliate Terms and Conditions and all other documents comprising the Affiliate Terms and Conditions.

By accepting this Addendum through the Affiliate and the Supertipset Promoter  platform or by ticking the applicable acceptance box, Supertipset Promoter  agrees to be bound by the terms set out herein.

  1. Definitions

Unless otherwise defined in this Addendum, capitalised terms shall have the meaning given to them in the Affiliate Terms and Conditions.

For the purposes of this Addendum:

“Administration Fee”
means a fee equal to the Mark-Up charged to the End User on each bet, payable solely in consideration for marketing and administrative services and not linked to the outcome of any bet or pool.

“End User”
means a player participating in Supertipset directly with the Operator.

“Mark-Up”
means a percentage amount (not exceeding fifteen percent (15%)) added to the underlying wager, which does not form part of the gambling stake or pool.

“Operator”

Means DBET Ltd, a company licensed for online gambling and betting services in Sweden.

“PoolX IP”
means all intellectual property and proprietary rights, whether registered or unregistered, tangible or intangible, now existing or hereafter arising, owned by, licensed to, controlled by or otherwise made available to Bazitech AB, including, without limitation: (a) software (in both source and object code), applications, modules, APIs, interfaces, firmware, scripts, algorithms, architectures and compilations; (b) databases, data sets, data feeds, analytics, models, metadata and other machine-readable or machine-generated data; (c) user interfaces, designs, trade dress, graphical elements, icons, screen displays and layouts; (d) copyrights, moral rights, patents, patent applications, mask works, database rights and other statutory intellectual property rights; (e) trademarks, service marks, trade names, logos, domain names and the goodwill associated therewith; (f) know-how, trade secrets, confidential information and technical documentation; and (g) all improvements, modifications, enhancements, derivative works, translations, updates and upgrades to any of the foregoing.

“PoolX Platform”
means the third-party pool betting platform used for the operation of Supertipset.

“Programme Invitation”
means a written invitation issued by Panda Media inviting an Affiliate, as defined in the Affiliate Terms and Conditions to participate in the Supertipset Programme.

“Supertipset Promoter Programme”
means the product-specific affiliate marketing programme relating to the Supertipset pool betting product.

“Supertipset Promoter”
means the Affiliate (you) acting solely in your capacity as a marketing partner in relation to the Supertipset Programme and not as an operator, intermediary, or provider of gambling services.

“Supertipset”
means the pool betting product offered by Operator through the relevant Immense Group websites.

“Swedish Gambling Tax”
means any applicable gambling tax, duty, levy or similar charge imposed under Swedish law (including under the Swedish Gambling Act (2018:1138)), as amended or replaced from time to time.

  1. Nature of this Addendum

2.1 This Addendum forms part of the Affiliate Terms and Conditions.

2.2 In the event of any conflict or inconsistency between:

  • the Affiliate Terms and Conditions; and
  • this Addendum,

the provisions of this Addendum shall prevail solely in relation to the Supertipset Promoter Programme.

2.3 All other provisions of the Affiliate Terms and Conditions shall remain in full force and effect.

  1. Eligibility and Participation

3.1 Participation in the Supertipset Promoter Programme is strictly by invitation only.

3.2 Only Affiliates who:

  • have an active Affiliate Account, established in accordance with the Affiliate Terms and Conditions; and
  • receive a written invitation from Panda Media

may participate in the Supertipset Promoter Programme.

3.3 Panda Media retains sole discretion regarding:

  • selection of participating Supertipset Promoter; and
  • the continuation of such participation.

3.4 Acceptance of this Addendum does not guarantee participation, which remains conditional upon receipt of a Programme Invitation.

  1. Relationship with Operator

4.1 Panda Media acts as the exclusive affiliate programme provider for Operator.

4.2 Operator is not a party to the Affiliate Terms and Conditions  or this Addendum.

4.3 The Supertipset Promoter acknowledges that:

  • Supertipset is a product operated by Operator; and
  • Panda Media administers the affiliate relationship relating to that product.

4.4 Panda Media may enforce this Addendum for the benefit of Operator.

  1. PoolX Platform Requirements

5.1 As a condition of participation in the Supertipset Promoter Programme, the Supertipset Promoter must:

  1. a) create an account with the PoolX Platform;
    b) obtain all approvals required by the PoolX Platform; and
    c) comply with all applicable terms, policies and operational requirements imposed by the PoolX Platform.

5.2 The Supertipset Promoter acknowledges and agrees that:

  1. a) the availability of Supertipset through the Supertipset Promoter Programme is conditional upon the Supertipset Promoter maintaining active access to the PoolX Platform; and
  2. b) failure to maintain such access may result in immediate suspension or termination of participation in the Supertipset Promoter Programme.

c).“Supertipset Promoter acknowledged and is aware that PoolX IP rights are owned by third party(ies) and that Panda Media is not the proprietor of the IP rights associated or related to and with PoolX except as specifically stipulated under this Addendum”

d) Panda Media makes no representation that the operation of Website or Panda and Panda Media Group Operator Platform (including service and tracking) will be uninterrupted or error-free or free from any IP right breach. Panda and, or, Panda Media Group Operator will not be liable for any consequences related or rendered from the above.

  1. Reporting Obligations

6.1 The Supertipset Promoter shall provide such reports, information and data as Panda Media may reasonably require in relation to:

  • the Affiliate’s use of the PoolX Platform;
  • marketing activities relating to Supertipset; and
  • any traffic or customer activity relating to Supertipset.
  • Any other matter from time to time

6.2 Reports must be provided:

  • in the format requested by Panda Media; and
  • within the timeframes specified by Panda Media.

6.3 Failure to provide requested reports may result in:

  • suspension of participation in the Supertipset Promoter Programme; or
  • termination of this Addendum.
  1. Marketing Restrictions

7.1 The Supertipset Promoter may only promote Supertipset using Approved Marketing Material supplied or authorised by Panda Media.

7.2 The Supertipset Promoter shall comply with all marketing obligations contained in the Affiliate Terms and Conditions and applicable regulatory requirements, including the Swedish Gambling Act (2018:1138).

7.3 No marketing material relating to Supertipset may be used unless it has been approved by Panda Media.

  1. Regulatory Positioning and Agent Limitations

8.1 The Supertipset Promoter acts solely as a marketing partner and shall not organise, operate, or facilitate any gambling activity.

8.2 The Supertipset Promoter shall have no control over:

  • the creation, structure, rules, or operation of any pool;
  • the games or events included in any round;
  • odds, payouts, dividend calculations, or settlement; or
  • the outcome of any gambling activity.

8.3 All gambling services are provided exclusively by Operator, including:

  • pool creation;
  • bet acceptance;
  • stake collection;
  • settlement; and
  • payment of winnings.

8.4 The Supertipset Promoter shall not, directly or indirectly, collect, hold, process, or transfer player funds.

Agent Mechanics Clarification

8.5 The Supertipset Promoter (as Agent) may:

  • create a bet based on Operator-provided rounds; and
  • split such bet into shares for participation by End Users.

8.6 The Supertipset Promoter may determine the number of shares into which a bet is divided.

8.7 For the avoidance of doubt:

  • the underlying bet is placed with and controlled by the Operator;
  • the Supertipset Promoter does not create or operate a gambling pool; and
  • such activities do not constitute gambling operations.

Selections and Tipster Risk

8.8 Any selections, tips, or predictions provided by the Supertipset Promoter:

  • are for informational purposes only;
  • do not form part of the gambling product; and
  • shall not be presented as guaranteed or risk-free.

8.9 The Supertipset Promoter shall not present itself as:

  • a betting system;
  • a professional gambling service; or
  • a guaranteed profit strategy.

Branding and Positioning

8.10 The Supertipset Promoter shall ensure that Operator is clearly identified as the operator of Supertipset at all times.

8.11 The Supertipset Promoter shall not present Supertipset or any pool as its own product.

  1. Hedge Betting Prohibition

9.1 The Supertipset Promoter shall not, directly or indirectly, engage in any activity that may constitute hedging or risk-offsetting.

9.2 This includes (without limitation):

  • offsetting bets;
  • coordinated betting strategies;
  • pool manipulation;
  • arbitrage or external hedging;
  • use of multiple accounts or proxies.

9.3 Panda Media may determine, acting reasonably, whether conduct constitutes hedging.

9.4 Consequences include:

  • immediate termination;
  • commission forfeiture;
  • regulatory reporting; and
  • indemnification liability.

9.5 Panda Media may investigate suspected breaches and require cooperation within five (5) business days.

  1. Commercial Terms

10.1 The Supertipset Promoter may apply a Mark-Up of up to fifteen percent (15%) to each pool.

10.2 The Supertipset Promoter shall receive an Administration Fee equal to the Mark-Up.

10.3 The Administration Fee:

  • is a marketing and administrative service fee;
  • is not linked to betting outcomes; and
  • does not constitute participation in gambling revenue.

Swedish Gambling Tax Deduction

10.4 A deduction shall be applied to the Administration Fee in respect of Swedish Gambling Tax at the rate applicable from time to time.

Payment

10.5 Panda Media may:

  • audit and verify invoices;
  • request supporting data; and
  • withhold or adjust payments where necessary.
  1. Suspension or Termination of Participation

11.1 Panda Media or Operator may suspend or terminate participation for cause at any time.

11.2 Participation may be terminated where:

  • breach occurs;
  • PoolX access is lost; or
  • regulatory requirements apply.

11.3 Termination of the Affiliate Terms and Conditions automatically terminates this Addendum.

    1. Amendment Right

12.1 We reserve the right, at our sole discretion, to amend the terms of this Addendum from time to time. Any such amendments shall become effective upon publication or notification. The Affiliate’s continued use of the services following the effective date of any amendment shall constitute acceptance of such amendment. If the Affiliate does not agree to an amendment, their sole remedy is to cease use of the services and terminate this Addendum.

  1. Acceptance

13.1 This Addendum shall be deemed accepted when the Affiliate:

  • selects a tick box; or
  • otherwise accepts electronically.

13.2 No execution block or signature is required.

  1. Non – Cause Termination

14.1 This Addendum shall remain in force until either of the parties provide the other with 90 days in advance, written notice to terminate this Addendum.

  1. Governing Law

This Addendum shall be governed by the laws of Malta and the Maltese courts have jurisdiction.