PARTICIPATION
To participate in Kong Affiliates’ Affiliate program, you first need to agree to the terms and conditions herein. Additionally, by accessing and utilizing any of the Kong Affiliates’s Marketing Tools or accepting of any reward, bonus or commission whether contained in this agreement or elsewhere on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.
DEFINITIONS
“We” and “us” refer to Kong Affiliates
“You” and “Member” refers to the other party to the contract formed by the acceptance of these Terms and Conditions.
“Merchant” is defined as any company that has contracted Kong Affiliates to promote their Site(s) and or products, which in turn provides you with the non-exclusive right to direct users to the Merchant.
“Visitors” refer to any persons directed from you through your site or sites or through other means, to the Merchant’s websites.
“Casino Net Win” means player wagering minus player winnings.. E.g. if a player wagers €100 and wins back €90, Casino Net Win is €10.
“Chargeback” means an invalid, fraudulent or disputed card or debit payment including but not limited to where the card company or the paying bank has claimed payment back from Merchant, or where the customer claims payment back because of non-performance; Chargebacks are deducted in the month they are charged.
“Commission Fees” means amount paid by Kong Affiliates to Members. To be eligible to collect Commission Fees the member must be actively promoting brands available through Kong Affiliates in a visible location.
“Free player bonus” means an amount of money given to players by Merchant for free (usually upon sign-up). Free Player Bonuses may also be distributed as rewards to high spending players or as marketing/ promotional tools.
“Link” means a hyperlink placed on a Member’s site that, when clicked on, serves a ‘Brand’s Web page to the user’s browser. The link may be in the form of text, a button, a banner, offline promotional code or any other acceptable Affiliate format.
“Brand” means a Web site (e.g. www.dollycasino.com) that rewards Affiliate Partners for generating net revenue on their sites.
“Net Revenue” means the sum of money remaining once ‘Card processing fees’; ‘Free player bonuses’; and any other form of rewards paid to Visitors, such as but not limited to Bonuses, Free Spins, Cash Back and ‘Chargebacks’ have been deducted from ‘Casino Net Win’.
“Valid Click” means a click from an Affiliate Partner’s site to a Brand site that results in the Brand Web page being viewable to the visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, and which may change from time to time.
“CPA” means the commission plan, where an Affiliate will receive a one-off payment for every new, qualifying Real New Unique Player, more specifically, a Real New Unique Player that does not have an existing account on the casino brand completes their first registration, deposits the minimum required amount and meets the minimum wagering activity requirements.
“Real New Unique Players” A “Real New Unique Player” shall mean an Internet user who accesses the Casino Site directly through a Link, opens a new user account and makes the required minimum deposit and plays on the Casino Site. Neither you nor your relatives are eligible to become Real New Players and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. The number of Real New Players per individual household computer is strictly limited to one.
“Excluded Person” means the Affiliate; any group company of the Affiliate (if applicable); any officer, employee, agent, contractor or consultant of the Affiliate; any relative or close friend of the Affiliate; or any of the Affiliate’s officers, employees, agents, contractors, or consultants.”
COMMISSIONS
Below is Kong Affiliates’s commission ladder:
Players/Month Referral Commission
Referral commission fees will be a percentage of the ‘Net Revenue’. Kong Affiliates pays a commission fee on net revenue generated by the affiliate. An affiliate’s monthly payable balance is automatically reset to 0 Euros at the beginning of each calendar month, thus ensuring that any negative balances are not carried forward. Casino net revenue is calculated as Player bets minus player winnings minus player bonuses minus payment transaction fees and admin fees.
Exception Highroller: If an individual player win a total amount exceeding €5,000 during a single calendar month, such player is excluded from “Negative balances are not carried forward”. Such players are isolated until they become “positive” players again).
In accordance with the CPA Commission Plan, a Member will receive a one-off payment for every new, qualifying Real New Unique Player.
In the event a player’s account is locked in the same month as registration, the Affiliate will not receive payment for commission earned until such time as the account is unlocked.
Kong Affiliates does not pay for incentivised traffic in any form and we do not pay for schemes where a Customer is given or promised a percentage of the CPA as an incentive for becoming a Player. Such incentives extend to any roulette playing schemes or casino systems where Players are advised, in any way, on how to play to beat the online wagering system.
Transaction fees are the fees the different payment providers charge on the player´s deposits and withdrawals. Admin fees are the fees covering the cost of handling the gaming customer. This includes for example finance, risk surveillance and game software licensing and royalties. This fee is set to 30%.
Minimum performance
The Company reserves the right to set limits for a minimum level of activity on Affiliate’s accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to terminate any agreement not reaching the limit. Such limits shall not be unreasonably high and reflect the intention of avoiding accounts where the revenue does not cover the Company’s internal costs for maintaining the account and the payout procedure.
Unclaimed commissions
Any commissions which have been accumulated and/or rolled over and which remain unpaid because the affiliate has failed to provide a valid payment method, will be forfeit at the end of each year and the affiliate commissions balance will reset to 0 (zero). We will attempt to the best of our abilities to communicate with the affiliate using the contact details provided in the account details section to remind him/her to provide a valid payment method so we can pay the commissions before the end of each year. It is the affiliate’s responsibility to ensure that personal, contact and payment method details are valid, accurate and up to date in our affiliate admin tool. If the Affiliate disagrees with the balance due as reported, it shall notify the Company in writing within thirty (30) days of the date of receipt of the Commission and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
TIERED AFFILIATE COMMISSION
As an affiliate of Kong Affiliates, you are also able to earn up to 5% on commission fees generated by Affiliates you’ve referred to the Kong Affiliates affiliate program (Second Tier Affiliates).
NOTE THAT NEITHER YOU OR YOUR RELATIVES CAN EARN BOTH PRIMARY AND SECONDARY REVENUE ON THE SAME PLAYER ACCOUNTS.
ENROLLMENT
To enroll, please read this Agreement and then submit a complete Kong Affiliates Member Account application to us via our Website. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
MEMBER AGREEMENT
During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by Kong Affiliates on your site or (the “Member site”) as a hyperlink to direct Visitors from the Member Site to the Merchant’s Sites, using distinct URLs supplied by Kong Affiliates exclusively for linking (the “Supplied Banners”).
The Merchant’s banners shall be displayed at least as prominently as any other sales link on the Member site, and if the Member displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Member site, the Member shall, subject to Kong Affiliates’s prior written approval of the content thereof, include similar descriptive information regarding the Merchant’s Site(s).
The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Member shall be entitled to display the banners of, and provide links to, sites of other companies through the Member site, and Kong Affiliates shall be entitled to make the Merchant’s banners available through online and other services than the Member site.
DELIVERY AND DISPLAY OF BANNERS AND OTHER MATERIAL
As a Member, you will have access through Kong Affiliates’s site to a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individually, as a “Link”.)
Kong Affiliates and the Merchant hereby grants to the Member the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):
o does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Kong Affiliates or the Merchant other than Kong Affiliates or the Merchant’s Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of Kong Affiliates or the Merchant’s mark);
o does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Merchant sponsors, authorizes, and/or is the source or origin of the Member site; and
o does not disparage Kong Affiliates or the Merchant, its products, services, or members. All use of the Kong Affiliates or Merchant’s Materials hereunder shall insure to the benefit of the Merchant and shall not create any rights, title or interest in them for the Member. No other use of the Kong Affiliates or Merchant’s names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Member for any purpose without the prior written approval of Kong Affiliates or the Merchant.
As between the Merchant and the Member, the Merchant owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Merchant’s Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.
MAINTAINING THE LINKS
You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the Kong Affiliates Site or the Merchant’s Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the Kong Affiliates Site or the Merchant’s Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.
COMMUNICATION TO MEMBERS
By signing up to Kong Affiliates you agree to receive a variety of material from Kong Affiliates. If you choose to opt out of our communications Kong Affiliates and its Merchants will not be responsible for any damages that may occur from members opting out of communications.
SPAM – WE DO NOT CONDONE SPAM
Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that our Merchants are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our Merchant seek recourse. In this instance the amount determined by the relative Merchant will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of Kong Affiliates.
GOOD FAITH
You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Kong Affiliates or the Merchant harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Merchant’s site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.
AFFILIATE OBLIGATIONS AND RIGHTS
The Affiliate hereby warrants and undertakes:
(a) the responsibility to perform actively, by effectively marketing and using its best efforts to promote the Merchant’s Site(s) as widely as possible in order to maximize the benefits of the Parties.
(b) to use links, promotion, advertising or marketing material provided within the solely scope of the Affiliate Program, and no other material relating to Kong Affiliates unless specifically written authorized by the Company.
(c) to market and refer potential players to the Websites at its own cost and expense.
(d) that the Affiliate’s marketing activities must be professional, proper and according to the terms of the Agreement.
(e) to use only links provided by Merchant within the scope of the Kong Affiliates Program.
(f) the responsibility for the maintenance and development of the Affiliate Website(s).
(g) to conduct its business in a way that reflects favorably upon the high-quality image of Merchant’s Site(s).
(h) to warrant professional, proper and lawful marketing activities all for the content of the Affiliate Website(s).
(i) that its marketing activities (including websites) neither do nor will contain any material, which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, or graphically violent material
(j) not to target players who are under the legal age for gambling, and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people.
(k) not to generate traffic to the DollyCasino or Wonaco websites by illegal or fraudulent activity, particularly but not limited to:
– sending spam;
– registering as a player or making deposits directly or indirectly to any player account. Therefore, neither you nor your immediate family or friends may become Customers and you shall not be entitled to any payment under this Agreement in relation to such activity. Immediate family in this context means your spouse, partner, parent, child or sibling. Violation of this provision shall be deemed to be fraud;
(l) subject to the marketing material as may be forwarded by the Company and/or made available online through the website www.KongAffiliates.com, the Affiliate may not use ‘dollycasino’, ‘dolly casino’ and ‘wonaco’ or other terms, trademarks and any Intellectual Property Rights of the Company unless the Company consents to such use in writing. This includes the registration and usage of domain names containing “dollycasino”, “wonaco” or misspelling of the same, as well as buying search traffic (this includes Google Adwords, sponsored links or any other online media buying) based on the search phrase “dollycasino”, “dolly casino”, “casino dolly”, “wonaco”, “wonaco casino and “wonaco sports”.
(l) Members are not permitted to engage in any media buying promoting the Merchant’s Brands through advertising exchanges, programmatic networks, etc without prior written consent from their Affiliate Manager. We will require 100% visibility on this activity so that it can be ensured that the Merchant website(s) are being promoted in a compliant manner, in line with specific Country regulations and restrictions.
(m) Any links posted by Member on Facebook, Twitter and any other relevant social media channels can only link to the Member’s own website in the first instance, which in turn should contain compliant promotional text and then link to the relevant Brand. Members must not post any links directly on their social media page(s). Any Member found to have done so will have its Members account suspended and/or terminated.The aforementioned guidelines on Content and Customer Offers are also applicable to social media posts.In addition, Facebook, Twitter and other social media have their own guidelines and policies regarding the advertising of gambling products and the Members must comply with such guidelines and policies For example, if promoting gambling through a Twitter, Facebook or any other social media handle, an 18+ statement (or 21+ in some jurisdictions) must be included in the Member’s page bio and any relevant agreements/addendums between the Member and the social media companies must be concluded and signed.
(n)Members must not use framing techniques such as pop-up or pop-under windows to promote the Brands. Any Members found to be running this sort of activity will have its Member account suspended and/or terminated.
PAY-PER-CLICK CAMPAIGNS
Members wishing to run Pay-Per-Click (PPC) campaigns:
Any Member found to be in violation of the above may have its Member account suspended and/or terminated.
DOMAIN NAMES/URLS
Members must not register or purchase any domain names which are identical or similar to, or misspellings of, the Merchant names or trademarks.
Any Member who uses domain names in breach of this rule to send traffic to Merchant’s website(s) will have its Member account terminated and further legal action may be taken against the Member.
MOBILE APPS
Any Member wishing to release mobile apps into the Apple, Google Play or other App stores must ensure that the App name does not include any Merchant names or trademarks, or misspellings of Merchant’s names. Any Member found to have done so will be asked to remove the App immediately and may have its Member account suspended and/or terminated.
CONFIDENTIAL INFORMATION
As used herein, “Confidential Information” shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
The foregoing restrictions shall not apply to information that:
LIABILITY
The Member acknowledges that Kong Affiliates does not advocate or endorse the purchase or the use of any services offered by the Merchant through the Merchant’s sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Merchant represents and warrants that:
The Merchant’s software, and the reproduction, distribution, transmission, public performance and public display of the Merchant’s Material in connection with the Member site, do not:
o invade the right of privacy or publicity of any third person; or
o contain any libelous, obscene, indecent or otherwise unlawful material.
The Member represents and warrants that:
o invade the right of privacy or publicity of any third person,
o contain any libelous, obscene, indecent or otherwise unlawful material, or
o infringe any patent, copyright or trademark right in any jurisdiction; and the Member has received no notice of such invasion, violation or infringement of rights.
o Except as expressly provided for in this Agreement all conditions, warranties and representations implied by statute, common law or otherwise are excluded to the extent permitted by law.
TERM AND TERMINATION
The terms of this Agreement will begin when you download a banner and link it to our site or the Merchant’s Site(s) and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Upon termination:
If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of our Merchants.
Both parties will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination.
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Kong Affiliates may from time to time review affiliates’ participation in the program. Kong Affiliates may choose to cancel an affiliate’s participation in the program, at its absolute discretion, if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program.
Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
CLOSURE OF A MARKET
The terms of this Agreement shall no longer be considered applicable in the event the Company is obliged to leave a market due to market condition changes, legal and/or regulatory changes. In such cases, the existing customer accounts opened within that market can be closed.
RISK ALLOCATION
Neither party will be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind — including lost revenue or profits, loss of business, or loss of data — arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, expressed or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.
ASSIGNMENT
Except as otherwise provided herein, neither Kong Affiliates nor the Member may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.
GOVERNING LAW
This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of Malta.
INDEPENDENT CONTRACTORS
Kong Affiliates and the Member are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between Kong Affiliates and the Member. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.
DISCLAIMER
It is the Member’s responsibility to declare taxes from their Member’s profits, according to their country’s regulations. It is the merchant’s responsibility to pay its members and Kong Affiliates will not be held responsible for the actions of its merchants in regards to the payment of its members.
Kong Affiliates is also not responsible for the way cookies are tracked on the Merchants site or on the member’s site. The maintenance of the cookie/tracking code is the responsibility of the Merchant. Kong Affiliates is strictly a housing software that displays the results of the tracking for its members.
WAIVER
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
MODIFICATIONS
Kong Affiliates may modify any of the Terms and Conditions set forth in this Agreement by replacing these Terms and Conditions with the modified ones and by notifying the Member of the modifications via notification.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules.
DATA PROTECTION
The Member warrants and undertakes that, where applicable:
it has a justifiable legal ground on which to process all Personal Data in accordance with the Agreement;
it has, where required, valid consents from individuals in respect of the processing of their Personal Data;
and it has all requisite data protection licenses and registrations in all relevant jurisdictions to collect and deal with Personal Data.
The Member must return to the Merchant any and all Confidential Information and Merchant data (and all copies and derivations thereof) in the Merchant’s possession, custody and control; and the Member will release the Merchant from all obligations and liabilities occurring or arising after the Termination Date, except with respect to those obligations that by their nature are designed to survive termination.
Termination will not relieve the Member from any liability arising from any breach of the Agreement, which occurred prior to termination and/or to any liability arising from any breach in relation to Confidential Information even if the breach arises at a time following the Termination Date.
