- In this Agreement:
"Abusive Player" means a player who demonstrates any kind of behavior that the Advertiser
commissions for Abusive players.
"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
"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
"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
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
"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