Affiliate Partner Agreement
BatSleep Limited, a company with registration number C 91357 having its registered office at 97, Windsor Street, Malta, Sliema SLM 1853 (hereinafter referred to as the "Advertiser"),
The Person/ the Company set out on the relevant application form (hereinafter referred to as the “Partner”),
collectively referred to as the “Parties” and separately – as the “Party”,
WHEREAS the Advertiser is the company responsible for marketing the offering and the services, including casino games through Mobile Incorporated Limited (hereinafter referred to as the “Mobinc”), websites as defined hereunder.
WHEREAS by ticking the box and submitting the Partner application on the Advertisers web page (or sending to Advertiser in other way agreed), the Partner accepts and agrees to comply with all the following terms and conditions and with all applicable legislation, and thereby the Agreement becomes binding for the Partner.
WHEREAS this Agreement takes affect and becomes binding for the Company the day when the Company has evaluated the Partner application and supportive documents and has approved the Partner.
"Action" means a specific end user's activity or a combination of activities specified in the Agreement, which may, under the conditions provided in the present Agreement, be considered a Deliverable.
"Agreement" means this Affiliate Partner Agreement that defines the general terms and conditions between the Advertiser and the Partner and contains all necessary instructions given by the Advertiser to the Partner with regard to the Advertising Services to be performed.
"Advertiser" means a legal entity specified in the Agreement that places an order for the Advertising Services. The Advertiser has a binding agreement with the Mobinc where Advertiser undertakes to advertise the Product.
"Brand" means any names, logos, trade marks, symbols, emblems, marks or designations of Mobinc used in connection and is related to the Product.
"Advertising Materials" means graphical or textual information specified in the applicable Agreement which is either provided by Advertiser to Partner or created by Partner at the direction of Advertiser in accordance with paragraph 2 of this Agreement, and which is aimed at marketing and promoting the Product on the market.
"Advertising Services" means the distribution of the Advertising Materials over the internet using various online delivery methods for the purpose of marketing and promoting the Product and bringing it to the attention of potential customers of the Mobinc.
"Attribution Window" means a period of time specified in the Agreement that allows certain end users' activity or a combination of activities to qualify as a Deliverable, provided that they are performed within the Attribution Window.
"Billing Model" means a method of calculating the Service Fee due to Partner for the Advertising Services (cost per click (CPC), cost per install (CPI), cost per action (CPA), etc.).
"CPA" means a Billing Model, whereby the Advertiser pays for each specified Action.
"CPC" means a Billing Model, whereby the Advertiser pays when end user follows the link contained in the Advertising Materials.
"CPI" means a Billing Model, whereby the Advertiser pays for each install of the particular application specified by the Advertiser.
"CPM" means a Billing Model, whereby the Advertiser pays for each thousand (1 000) impressions of Advertising Materials.
"Data Protection Legislation" means European Regulation (EU) 2016/679 and Directive 2002/58/EC and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.
"Deliverable" means, depending on the Billing Model applied, the end user's click, impression, install, Action, another activity or combination of activities, which serve a basis for calculation and payment of the Service Fee, as in more detail provided in Section 5 below.
"Double Opt-In Registration" or "DOI Registration" means a type of registration, whereby an end user fills out a registration form on Mobinc web page, receives a link to his/her e-mail and follows this link confirming the registration.
"Mobinc" means Mobile Incorporated Limited, registered in Malta under company number C84149, licensed and regulated in Great Britain by the Gambling Commission under account number 51011, whose registered address is at Elite Business Centre, Treja ta’ Box Box, Msida MSD 1840, Malta; ** Mobinc is licensed online gambling service provider in United Kingdom (https://www.gamblingcommission.gov.uk/public-register/business/detail/51011) and Malta (https://www.mga.org.mt/licences/)
"Product" means the remote casino operated by Mobinc and made available to end users in the Territory through the domain name(s) specified in the Agreement.
“Parties” shall mean the Advertiser and the Partner (each a "Party").
"Partner" shall mean the person or entity that applies to participate in the Affiliate Program.
"Partner Sites" means those websites owned and/or operated by or on behalf of the Partner, as specified in the Agreement and any other such websites as may be approved by the Advertiser in accordance with Section 2 below.
"Self-Excluded Customer" means any individual that has self-excluded from the Product (including via any overarching national self-exclusion scheme).
"Service Fee" has the meaning provided in Section 4 below.
"Territory" means the country(ies) specified in the Agreement or in any additional agreement made between Parties.
"Spam" means emails and messages that are sent by Partner, directly or indirectly, which: 1) contain false or misleading statements; 2) do not truthfully identify the source or the originating IP Address; or 3) do not contain an online and real time Remove option - for the avoidance of doubt, any Partner who intends mailing for traffic must contact the Advertiser before starting mailing and get a written approval for such activity. Failure to get approval for mailer traffic will result in Agreement immediate termination and any payments withheld.
"Fraud Traffic" means traffic generated to the Product through illegal means or in bad faith to defraud the Advertiser or Mobinc, regardless of whether or not it actually causes them harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third-party copyrights or trademarks. Fraud Traffic also includes but is not limited to using commissions to solicit players and divulge or publicize what commissions have been agreed between the Partner and the Advertiser. Any offer to players that include a percentage of the Partner commission is strictly forbidden and can lead to the immediate termination of this Agreement and the non- payment of Partner revenue (commission). Fraud Traffic also includes the staking or incentivizing of players in an attempt to get CPA paid as a result. All forms of this activity will result in Partner CPA commission or any Revenue commission not being paid. Additionally, CPA will not be paid for any incentive traffic and for any casino players encouraged using systems and methods such as the doubling system in casinos which is regarded as CPA abuse. For CPA to be paid the traffic must not be Bonus seekers and there should be no personal relationship whatsoever between the Partner and the players. The Partner can under no circumstances deposit and play under his own CPA and/or Revenue Share account. To be clear, the use of one's own Partner tracker to deposit and play is strictly forbidden.