Terms and Conditions
Last Updated on May 25, 2019
To submit an application for our Affiliate Program, you will be required to read, understand and accept the present terms and conditions (the "Terms and Conditions"). If you do not agree to these Terms and Conditions, you will not be able to submit an application for our Affiliate Program. Please direct all questions and comments regarding our Affiliate Program to us by email at .
1.1 These Terms and Conditions constitute a binding agreement between us, Sitago Ltd., reg. no. 51-5671899, a company incorporated under the laws of Israel, having its registered address at Akko Rd 113, Kiryat Motzkin, Israel (referred to herein as the "Sitago Affiliates ", "we" "us", "our" or other similar terms) and you (referred to herein as "you", "your", "affiliate" or other similar terms). These Terms and Conditions will apply to you upon your submission of the application to join our Affiliate Program and be permitted to promote our website (sitago.com) and our services.
1.2 We reserve our right to update or modify these Terms and Conditions at our convenience by sending a notice to this effect. The notice may be sent via email address at least five (5) days prior to the implementation of any modifications to these Terms and Conditions. Further, the revised version of these Terms and Conditions will be published on our website. The modifications to these Terms and Conditions will be published in Section 15 and will be available using the following link: http://affiliates.sitago.com.s
Should you not agree to the changes to the Terms and Conditions, please do not proceed with the website or your application to our Affiliate Program. If you continue to participate in our Affiliate Program following the publication of any changes to the Terms and Conditions, you will be deemed to have accepted such modified Terms and Conditions and they will be binding upon you.
1.3 To join our Affiliate Program, you are required to accept the present Terms and Conditions as well as submit a complete and accurate application form. We reserve our right to determine, at our sole discretion, if your application will be accepted. Our decision with respect to your application will be deemed final and cannot be disputed. We undertake to notify you by way of email of our decision regarding your application to join our Affiliate Program. Our notification will be emailed to you, regardless of whether our decision to accept your application is negative or positive. If your application is successful, the Terms and Conditions will be applicable to you when marketing and promoting our website and services. We will send you an email containing further information about our Affiliate Program once your application has been approved.
When used in these Terms and Conditions, the following terms will have the definitions set forth below, unless the context suggests otherwise.
"Skill Cash Games" means online games and competitions that are based on skills and for which players may be entitled to earnings. These games and competitions are judged solely based on merit, and not on luck or timing. The Skill Cash Games have an outcome that depends on payers' skills, knowledge, reactions and/or statistical results.
"Affiliate" means you, the person or entity, who applies to participate in the Affiliate Program.
"Sub-Affiliate" means an individual and/or entity that you as an Affiliate direct to us or that can be linked to your account, or identity.
"Affiliate Program" means the collaboration between you and us whereby you will promote our Website and create the Links from the your Website to ours, and in exchange, be paid a commission depending on the traffic generated to our Website, subject to these Terms and Conditions.
"Affiliate Website(s)" means any one (1) or more websites that you operate, manage and/or maintain.
"Confidential Information" means all information about us that we disclose to you, using any means, and that is not public knowledge.
"Net Generated Revenues (NGR)" means our net revenue generated by your referrals on a monthly basis.
"Net Revenue" means the monthly Gross Revenue less (-) costs such as taxes, duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rake back, cashbacks and charge backs.
"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Referred Customers" means any customers who have no prior account with us, who have signed up for an account with us with your affiliate tracking code attached.
"New Depositing Player" refers to a New Customer / Player who paid a first minimum deposit to us, that is used for a transaction whose purpose is to establish and enter into a normal commercial relationship with us within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.
"Revenue Share" means the percentage of revenue you will earn calculated based on the Net Generated Revenues created by your Referred Customers.
"your Website" means the website you control, manage and/or maintain as indicated on your Affiliate Sign up Form.
"CPA" refers to cost per acquisition. "Acquisition" means mean the first time deposit ("FTD") of the Referred Customer.
"Reward Plan" means the CPA commission paid to you for the FTD of the Referred Customer.
In the case of a Reward Plan with a CPA element, we reserve our right to withhold any payments of the Reward Plan for any customer accounts including, but not limited to, bonus abuser customer accounts, suspended and/or closed customer accounts, customer accounts suspended and/or closed due to fraud, customer accounts subject to self-exclusion or any other customer account which we, in our sole discretion, deem it necessary to suspend and/or close.
3.1 The Links provided to you by us should be displayed and published by you in the specific manner agreed between you and us. You are not authorized to change the form, location or operation of the Links without our prior written consent.
3.2 You must ensure that the Links are not displayed on any pages of Your Website aimed at persons under the age of 18 years.
3.3 In the event that you wish to place the Links on websites other than your own, you must first obtain our written consent.
3.4 If we determine or it comes to our attention that your use of any Link breaches these Terms and Conditions, we will be entitled to take any reasonable measure to render the Links you use inoperative and we will immediately terminate your Affiliate program in accordance with Section 13.2.
3.5 All Links provided on your Website must clearly indicate that our Website offers Skill Cash Games and the opportunity to earn money therein. The games listed on our Website are based on users' skills, reactions, knowledge or other factors within the users' control. The Links and information on your Website pertaining to our Website should clearly indicate our games are not in any way based on luck or timing.
4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS
4.1.1 The Revenue Share to which you are entitled will be calculated using the following formulas:
|Revenue||1st Booster*||2nd Booster**||Total|
* Based on 10+ Deposing players/month
** Based on 20+ Deposing players/month
4.1.2 The Revenue Share model stipulated above will apply to all specific revenues generated by your Referred Customers and will be used for the purpose of calculating your applicable commission.
4.2 Net Generated Revenue (NGR) is calculated according to the following terms for each of Sitago Affiliates 'products:
a) NGR from Sitago Affiliates games is based on the revenues generated by your referred Customers that we actually received less (-) the following amounts: winnings, any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, and any uncollectable revenue attributable to the Referred Customers.
b) NGR from other games is based on the total sum of all your Referred Customers' investments less (-) the following amounts: payouts (as calculated by our Website), any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectable revenue attributable to the Referred Customers.
We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share in accordance with the terms of Section 1.2.
5. CPA model $5-15 - At any given time, we will publish on the Partner Website (http://affiliates.sitago.com) the extra flat cost (CPA) ranging between $ 5-15 in return for any Referred Customer who plays and deposits $ 10 or more for our competitive games.
5.1 You may not, directly or indirectly, offer rewards or additional promotions of any kind to your Referred Customers without having obtained our prior written consent. If we deem you to be in breach of this condition, we may terminate your Affiliate services and immediately cease all payments of Revenue Share from your Referred Customers (see Section 13.2).
5.2 You are not authorized to receive any Revenue Share for your own or your direct relatives' customer accounts. Direct relatives include but are not limited to your spouse, partner, parent child and sibling.
5.3 You are not authorized to modify, redirect, suppress, or substitute the operation of any button, link, or another interactive feature of the Sitago Affiliates Site, whether directly or indirectly.
5.4 You may not attempt to artificially increase monies payable to you by Sitago Affiliates .
5.5 You and your Sub-Affiliates will at all times comply with all the applicable rules relating to "skill cash games" including but not limited to Data Protection laws and regulations, such as the European Directive 2002/58/EC, the General Data Protection Regulation (GDPR) (EU) 2016/679 and any legislation or binding regulations relating thereto.
**5.6** You agree to abide by any law and regulations applicable in your domicile and that in your audience's domicile.
In particular, you agree that:
a) You will not advertise to customers that did not consent to receiving marketing communications, or which consent you didn't save appropriately and are not able to prove, or to customers whose data has been processed in breach of any Data Protection laws and regulations
b) All emails should clearly indicate that they originate from you, and not from us.
c) All marketing email must contain a clear link allowing the Customer to unsubscribe from further emails at any time.
5.6 We are under the obligation of immediately terminating your Affiliate account if we determine or it comes to our attention that you have breached any advertising, marketing or promotional legislation or any Data Protection laws and regulations.
5.7 When advertising to customers located in Great Britain, you must abide by specific rules applicable to advertising and uphold all principles set forth by the Advertising Standards Authority. You must ensure that your communications relating to games and bonus offers are not in any way misleading. Marketing communications that include a promotion must provide as such information about significant conditions as practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement) significant conditions must be displayed no further than one click away from the advert itself. Examples of marketing communications that do not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence for example only visible once scrolled down; when clicked, advertising banners take a customer direct to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available 'below the fold' on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above requirements are applicable to all forms of marketing communications, including social media and other forms of advertising, such as newspapers.
5.8 You must clearly indicate and explain to Referred Customers that our Website offers games based on skills, knowledge and other factors within the users' control. Our Website offers skill cash games and that successful users may be eligible to earn sums. You must clearly indicate that all activities pertaining to our Website comply with all applicable laws.
6. Sitago Affiliates 'S OBLIGATIONS
6.1 We will send you the Links to be added on your Website, and the updates to such Links as may be available.
6.2 We will use our best efforts to ensure that whenever a Referred Customer signs up with us through your Affiliate link with your tracking code attached, that the Referred Customer is identified as originating from your Website. However, we will not be liable to you in any way if we are unable to identify a Referred Customer as originating from your Website.
7.1 Affiliate payments will be deposited directly to your Sitago Affiliates player account.
7.2 Payments will be made on the 15th day of every calendar month.
7.3 The minimum sum required for the monthly Affiliate payment is of $100. If your Revenue Share does not exceed $100, we will be entitled to withhold and carry forward such sum until the end of the first calendar month in which your Revenue Share (including such carried forward sum) exceeds $100, at which time payment shall be made. For avoidance of doubt, you will receive your Affiliate payment when your Sitago Affiliates player account displays a positive balance and is superior to $100 on any given month.
7.4 If your Revenue Share for a particular calendar month is negative, such negative amounts will be carried forward to the subsequent month(s).
7.5 We will provide you with account statements that are accessible using your personal affiliate page, http://affiliates.sitago.com. The account statements will specify the Referred Customers and your share of Net Generated Revenues.
8. INTELLECTUAL PROPERTY
8.1 Sitago Affiliates grants you a non-exclusive and worldwide license to use, publish, display and otherwise reproduce our brand features and related content (the " Sitago Affiliates Content") solely for the purpose promoting the Links on your Website as set out in these Terms and Conditions and in accordance with the guidelines we will provide to you. All intellectual property rights and any goodwill arising from the Links and all associated systems and software relating to the services provided by us to our customers will remain the sole property of Sitago Affiliates . You are not permitted to alter or modify our Content in any way, without our express prior written consent.
8.2 You agree that your Website will not resemble in any way the look and/or feel of our Website, nor will you create the impression that Your Website is part of our Website.
9.1 You represent and warrant that you have, and will maintain, the right, title and authority to enter into these Terms and Conditions, to grant to us the rights and licenses required under these Terms and Conditions and to perform your obligations as detailed herein.
9.2 You confirm that you have secured and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations detailed these Terms and Conditions.
We do not warrant or represent that the operation of our website will be uninterrupted and error-free. We will not be liable for the consequences of any interruptions or errors.
You are solely responsible for the marketing initiatives made by yourself and/or any of your Sub-Affiliates. You are also responsible for you and your Sub-Affiliates' conduct and ensuring that such complies with all legal requirements.
You (the "Indemnifying Party") agrees to indemnify and hold harmless Sitago Affiliates and each of Sitago Affiliates 's associates, officers, directors, employees, agents, shareholders and Sitago Affiliates s (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, legal costs, expenses and VAT) and liabilities, directly or indirectly, by the Indemnified Party in consequence of any breach, nonperformance or non-observance by you and/or any of your Sub-Affiliates of any of the obligations or warranties on the part of the Indemnifying Party contained in these Terms and Conditions or in any applicable law or regulation.
12. EXCLUSION OF LIABILITY
12.1 Nothing in this Section 12.1 will limit our liability in cases of death or injury resulting from our negligence, willful misconduct or fraud.
12.2 We will not be liable under contract, tort (including without limitation negligence) or in any other way for loss of revenues, profits, contracts, business interruption; loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such damages were discussed or anticipated by the parties.
12.3 Under no circumstances will our total liability to you exceed the total amount of monies we paid to you over the past six (6) months preceding the date the liability accrued.
13.1 These Terms and Conditions will come into effect on the day you are notified that your application for our Affiliate Program has been approved. These Terms and Conditions will remain in force unless terminated by either party upon providing a thirty (30) day notice.
13.2 We may terminate your application or these Terms and Conditions with respect to you if you have breached ay material provision. We will send you a written notice to confirm such. The termination will be effective immediately and we will cease to pay you any Revenue Share calculated based on your Referred Customers.
13.3 Any Referred Customer that has no activity for a period of twenty-four (24) months or more will be deemed inactive and will not count as your referred. As a result, you will not be entitled to any further Revenue Share relating to future revenues from this Referred Customer.
14. YOUR PERSONAL INFORMATION
15. GENERAL PROVISIONS
15.1 These Terms and Conditions constitute the entire agreement and understanding between us regarding the Affiliate Program and supersede any previous agreement relating to the Affiliate Program. Nothing in these Terms and Conditions should be interpreted as limiting or excluding our liability for fraud.
15.2 If any provision in these Terms and Conditions is deemed invalid or unenforceable by a competent court or governmental body, this invalidity or unenforceability will not affect the remaining Terms and Conditions, which will remain in force and effect.
15.3 All notices to us should be sent by email to . We will send you notices by email to the email address you provided in your application. You are responsible for providing your active and correct email address.
15.4 Nothing in these Terms and Conditions is intended to create a Sitago Affiliates ship between us, or to authorize you to act as our agent, except for the purposes and in the proportions set forth herein.
15.5 You will not be authorized to make any announcement relating to these Terms and Conditions their its subject matter without our prior written approval, except if required to do so by any applicable law or legal authority.
15.6 The validity, construction and performance of these Terms and Conditions (and any claim, dispute or matter arising under or in connection with it or its enforceability) will be governed by and construed in accordance with the laws of the Israel Antilles. You hereby agree to submit any claim, dispute or matter arising under or in connection with these Terms and Conditions, or their enforceability to the exclusive jurisdiction of the courts in the Israel Antilles.
15.7 In case of any discrepancy between the meanings of any translated versions of these Terms and Conditions, the English Language version will prevail.
16. Changes to these Terms and Conditions
These Terms and Conditions may be modified in accordance with the procedure set forth herein, provided an notification has been sent and the updated version is promptly published on our website.