AFFILIATE PROGRAM TERMS & CONDITIONS
Please read this document carefully before registering an affiliate account with Bangbang Casino. By registering an affiliate account on www.bangbangcasino.com, you agree to be bound by the terms and conditions set below.
To participate in our affiliate program, you must register an affiliate account and consent to our terms and conditions by completing the registration form available on our affiliate website (hereinafter the “Website”). This affiliate agreement (hereinafter the “Agreement”) is a legally binding and enforceable contract that sets out the complete terms and conditions between Bangbang Casino (hereinafter the "Company", "we", "us", "our") and the affiliate (hereinafter the "Affiliate", "you", "your").
This Agreement becomes effective on the date and at the time you successfully register your affiliate account with us. You acknowledge and agree that this Agreement supersedes all previous agreements or terms and conditions you may have had with the Company.
When you register your affiliate account with us, you may be asked to provide personal information. You warrant that any information provided upon or after registration shall be true, accurate, and binding for the purpose of this Agreement.
We reserve the right to request, at any time during the Agreement, any additional information, including evidence of identification, that we deem reasonably necessary as part of our onboarding process, profiling policy, or in accordance with the applicable laws and regulations. You undertake to provide the requested information promptly and understand that any delay, false, incomplete, unauthorized, or inadequate information, may limit your access to your affiliate account and the payment of your affiliate commissions.
As an affiliate, you are authorized to maintain one customer account with us, provided you do not attempt to refer yourself, any family members, partners, housemates and/ or friends as a customer in order to benefit in any manner from a self-referral scheme. Any commissions generated under such a scheme will be deemed void and will result in your affiliate account being immediately terminated with any unpaid commissions automatically forfeited.
Employees of the Company or of a corporation related to the Company, including without limitation partners, agents, contractors, representatives, and suppliers, are not authorized to participate in our affiliate program. This restriction is extended to employees’ family members, partners, housemates and friends.
We reserve the exclusive right to accept or reject any affiliate application without obligation to provide any reasons. Prospective affiliates shall have no right to claim indirect loss of income or damages.
We hereby grant you a revocable and non-exclusive right to refer new customers to our website in consideration of the payment of commissions, in accordance with the terms and conditions set in this Agreement. This Agreement does not grant you any exclusive rights or privileges. You acknowledge and agree that we shall also contract other parties with similar businesses to yours and that you shall have no financial claim or rights with regards to customers referred by third parties.
In addition, we grant you a revocable, non-exclusive, non-transferable limited license, to use our trademarks, brand names and intellectual property, during the term of this Agreement, for the exclusive purpose of legally displaying affiliate links directing new customers to our website, subject to the limitations and restrictions set out in this Agreement.
Your right to use our trademarks, brand names and intellectual property, is limited to and arises out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of our trademarks, brand names and intellectual property, in any action or proceedings, whatever their nature may be. You irrevocably agree that you will not take any action that may prejudice our rights regarding our trademarks, brand names and intellectual property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You agree that all use of our trademarks, brand names and intellectual property inures to our sole benefit and that you will not seek to obtain any rights in our trademarks, brand names and intellectual property.
The limited licenses granted under this Agreement do not award you any rights to purchase any domain name, or use any domain name on any social media platform/service or via an app, which uses all or part of any of our trademarks, brand names and intellectual property. Notwithstanding the foregoing, you agree not to use, in any way that is identical or confusingly similar, all or part of any of our trademarks, brand names and intellectual property, for purposes of search engine optimization, sponsored advertising services, keywords bidding, domain names registration, nor shall you try to replicate the look and feel of our website in any way that may confuse the customers or be detrimental to us. You irrevocably acknowledge and agree that such action would automatically void all your unpaid commissions generated under this Agreement, that you shall have no right to claim any compensation, and that we may seek financial damages against you.
Marketing and Advertisements
You are prohibited from directing customers to our website using illegal or fraudulent activity, including but not limited to:
a. using spam of any kind for attracting customers, such as unsolicited e-mail, unauthorized newsgroup postings, chat rooms or through the use of “bots”;
b. registering a customer account using your dedicated tracking link for your personal use and/or the use of family members, partners, housemates and friends, to benefit in any manner from a self-referral scheme;
c. attracting clients via private communication, i.e. private messages in social networks or messengers, personal emails, phone calls, or face-to-face communication.
d. offering customers to register via your affiliate link for compensation or for any kind of profit. For the CPA payment model, any motivated and/or incentive traffic will automatically void all your commissions.
e. using the trademarks and/or intellectual property of other third parties in an unfair and/or illegal manner for the purposes of this Agreement, including without limitation the use of such trademarks and/or intellectual property in any way to imply that there is any kind of association with, or endorsement of, Bangbang Casino by any such third parties.
In addition, you warrant and undertake to promote our brands and trademarks in a socially responsible manner, especially with regards to the need to protect children, young people and other vulnerable people from being harmed or exploited. Without limiting the generality of the foregoing, you irrevocably agree that all marketing communications must not:
a. portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
b. exploit the susceptibilities, aspirations, credulity, inexperience or lack of knowledge of children, young people or other vulnerable people;
c. suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression;
d. suggest that gambling can be a solution for financial concerns, an alternative to employment or a way to achieve financial security;
e. portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments;
f. 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;
g. suggest peer pressure to gamble or disparage abstention;
h. link gambling to seduction, sexual success or enhanced attractiveness;
i. portray gambling in a context of toughness or link it to resilience or recklessness;
j. suggest gambling is a rite of passage;
k. suggest that solitary gambling is preferable to social gambling;
l. be likely to be of particular appeal to children or young people, especially by reflecting or being associated with youth culture;
m. be directed at those aged below 18 years through the selection of media or context in which they appear to be directed at those aged below 18 years;
n. include a child or a young person, defined as anyone who looks or seems to be under 25 years old, in any gambling advertisement;
o. exploit cultural beliefs or traditions about gambling or luck;
p. condone or encourage criminal or anti-social behaviour;
q. condone or feature gambling in a working environment.
Your Duties and Obligations
You warrant and undertake as follows:
a. to adhere to all the advertising guidelines and communications from us as they may arise from time to time when promoting our brands and trademarks;
b. to use at all times your best efforts to actively advertise and market our brands and trademarks as widely as possible on all available mediums to maximise the benefits to both parties;
c. to ensure that all marketing activities are carried out in a professional, proper, and lawful manner, and to abide at all times to the applicable laws and relevant regulations for the purpose of this Agreement;
d. to ensure that all content and promotional activities related to our brands and trademarks are current and up to date, and not to take any action that may directly or indirectly harm our reputation or goodwill;
e. to use only the tracking link provided by us and the marketing materials approved by us, without applying any change or modification, unless you have received prior written authorization from us;
f. to be solely responsible for the development, management, and maintenance of your website, including all content and promotional materials that may appear on such website. You shall ensure that your website appears and functions as a professional, proper and lawful website, that is compliant with all applicable laws and relevant regulations;
g. to represent yourself, your website and/or social media account, in such a way that it does not cause any confusion or any sort of assimilation with us, or more generally the impression that you are directly or indirectly employed by us or that your website is somehow related, operated or owned by us;
h. to refrain from associating our brands and trademarks and/or from placing tracking links or marketing materials on any website or any other medium, including your website and/or social media account, where the content of such website or medium may be deemed potentially defamatory, libellous, discriminatory, derogatory, unlawful, obscene or otherwise unsuitable content, containing sexually explicit, violent, graphic, or pornographic materials, or deemed illegal, in any targeted country;
i. to promote our brands and trademarks exclusively in jurisdictions where gambling and the promotions offered by our website are not considered illegal;
j. to take adequate and appropriate measures to ensure, that the customers referred to our website are of legal age to gamble and of a maturity to use the services offered on our website.
Your Representation and Warranties
You hereby represent and warrant that:
a. you are of legal age and are competent and duly authorized to enter into binding agreements;
b. you have, and will provide throughout the term of this Agreement, true, accurate, and up to date account information;
c. you have, and will retain throughout the term of this Agreement, title and authority to enter into this Agreement, to grant the rights and perform all its obligations in this Agreement;
d. you have obtained and will maintain in force all necessary rights, licenses, authorizations, consents and/or permits necessary to fulfil the obligations under this Agreement;
e. you will comply at all times with all applicable laws and relevant regulations required for the promotion of the Website;
f. you participate in our affiliate program at your own will and at your own risk, cost, and expense, and are solely responsible for the distribution, content, legality, and manners of your marketing activities;
e. you fully understand and accepts the terms and conditions of this Agreement.
In consideration of referring new depositing customers and/or new affiliates to our website, and subject to the terms set forth under this Agreement, you shall be entitled to earn commissions in accordance with our commission structure as listed in Annex A below.
If you have opted for a revenue share payment model, your commissions shall be calculated as a percentage of the combined net revenue (as defined in Annex A) generated by all your qualifying customers that are active on our site during the calendar month, for as long as the said customers remain active on our site.
If you have opted for a CPA payment model, your commissions shall be calculated as a one-time fixed amount payable for each qualifying new depositing customer that meets certain criteria, such as the customer’s country of residence, the amount deposited and/or wagered by the customer during the qualifying period, or due diligence check of the customer’s account, in accordance with the terms of this Agreement.
If you are referring new affiliates (“sub-affiliates”) to our affiliate program, your commissions shall be calculated as a percentage of the earnings generated by all your qualifying sub-affiliates.
When referring new customers or sub-affiliates to our site, you irrevocably agree that we shall only account for customers or sub-affiliates that have registered using your dedicated tracking link, provided they do not maintain an existing account with us and/or have registered an account with us in the past. Any customer or sub-affiliate that does not meet these conditions shall not be accounted for as a referred customer or sub-affiliate under your affiliate account and you shall not qualify to receive any commission whatsoever related to the activity of that customer or sub-affiliate.
Our platform provides monthly statements and multiple reporting tools that allow you to review your affiliate performances, the number of qualifying customers introduced via your tracking links, the revenues generated by your qualifying customers and other data that we deemed useful to you. You acknowledge and agree that such data is for information purposes only, may not be error-free and may be subject to adjustments. We shall endeavour to ensure that such data is updated in real time and to the best of our capabilities remains error-free, but we are under no obligation to do so. In the event of discrepancies between the data reported in your affiliate panel and our database, the values from our database shall be deemed accurate and shall always prevail.
At the end of each calendar month, our system automatically calculates your monthly commissions generated by the activity of your qualifying customers and, following our financial checks and necessary adjustments as applicable, we shall instruct the payment of your commissions within 30 days (or more if we suspect any fraudulent activity on your account), subject to the terms set in this Agreement. If we notice any discrepancies in your commissions, we reserve the right to adjust your unpaid commissions at any time. In addition, we reserve the right to withhold from your account any commissions that have been generated from customers that registered to our site in breach of this Agreement and/or to charge to your account any applicable fees incurred by us following fraudulent activity, such as chargeback, by your referred customers. If for any reasons we are unable to apply such deductions in full to your unpaid commissions, we shall carry forward or set off any outstanding amount against your future commissions.
By accepting a payment from us, you irrevocably agree to a full and final settlement of the balance due to you for the period indicated.
We reserve the right to amend our commission structure at any time and at our sole and absolute discretion by giving you written notice. In the event of a change in our commission structure, the new commission will apply to all your qualifying customers from the time the new commission structure enters into force.
When paying your affiliate commissions, we charge a 1% administrative fee capped at 100 USD, that is directly deducted from the amount remitted to you. For clarity, the administrative fee shall be calculated as a percentage of each amount paid to you.
Should your commissions for a calendar month be negative, we will not carry forward or set off such negative amount against your future commissions which would otherwise be payable to you, subject to the terms set in this Agreement. If your commissions for a calendar month does not exceed 100 USD or the equivalent in any other currency, we shall withhold the payment of your commissions and carry forward such amount to the end of the next calendar month until your accrued commissions due exceed 100 USD or the equivalent in any other currency, at which time the payment of our commissions shall be made in accordance with the terms below. Notwithstanding the foregoing, you irrevocably agree that your commissions will become due to you after you have referred a minimum of 5 new deposit customers to our website, subject to the terms set in this Agreement.
The currency of your affiliate account shall be designated in USD and your commissions shall be calculated and presented to you in USD. All payments to you will be instructed in USD or the equivalent in any other currency, at the exchange rate provided by the payment partners used for the transaction. For the avoidance of doubt, we shall no be liable to pay any currency conversion charges or any charges associated with the transfer of funds to your designated account.
We shall endeavour to pay your affiliate commissions to the account and payment method designated by you in your payment settings, but we reserve the right to ask you for an alternative payment method if required. It is your sole responsibility to provide us with the correct and relevant payment details for the purpose of effecting the payment of your commissions. You irrevocably agree that we shall use the account information provided by you when paying your commissions and accordingly that we shall not be responsible nor liable to you, should your commissions be paid to a wrong account.
All commissions earned and payments made to you under this Agreement are deemed inclusive of any VAT or other applicable tax. You are solely responsible for the proper filing and payment of your taxes.
Nothing contained in this Agreement will grant either party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights.
All Intellectual Property Rights created and/or deriving from this Agreement, (including, but not limited to advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.
At no time during or after the term of this Agreement shall a party attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other party or of any group companies of the other party.
Each party shall immediately notify the other party if any claim or demand is made or an action brought against it for any infringement or alleged infringement of any Intellectual Property Rights which may affect the supply or use of the tracking links.
You acknowledge and agree to defend, indemnify and hold us, our affiliates, successors, officers, employees, agents, directors, managers, shareholders and attorneys, free and harmless from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities, including reasonable attorneys' and experts' fees, related to or arising from: (a) any breach by you of any provision of this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence, (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of your limited licenses, including tracking links, marketing materials, and trademarks, or of this affiliate program, (e) third party access or use of your website or information and data, (f) financial penalties imposed by the relevant authorities in consequence of any breach of your obligations under the terms of this Agreement.
If you are in breach of the above or any other related terms outlined within this document, then, without limiting, and in addition to any other remedy that we may have under this Agreement or applicable by law, we may, at our discretion, send you a warning notice. If you do not rectify any breach capable of repair within the time prescribed in our notice, then we will close your affiliate account and confiscate any unpaid commissions.
In each event of breach or non-compliance, in addition to any other remedy that we may have under this Agreement or applicable by law, including our right to immediate account closure as described above, we shall also have the right, at any time, to seek damages from you for any new or continuing violation of any of the above provisions.
You acknowledge that the security and integrity of our data and systems are fundamental to our business and as such you agree to notify us immediately should you become aware of any breach or potential breach of security relating to our tracking links and will use your best endeavours to ensure that any potential breach does not become an actual breach and to remedy any actual breach and its consequences.
You warrant that you will at all times comply with the provisions of the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), any other directly applicable European Union regulation relating to privacy and/or the Data Protection Act (DPA), any other local legislation of Curacao as applicable, and any equivalent legislation in any jurisdiction which is applicable to your affiliate website and affiliate’s activities.
During the term of this Agreement, you may from time to time be entrusted with confidential information relating to our business, operations, underlying technology and/or our affiliate program (including, for example, the commissions earned by you under the affiliate program).
You agree to avoid disclosure or unauthorised use of any such confidential information to third parties or external parties unless you have our prior written consent. You also agree that you will use the confidential information only for purposes necessary to further the purposes of this Agreement.
Your obligations regarding this clause survive the termination of this Agreement. You must not issue any press release or similar communication to the public with respect to your participation in our affiliate program without our prior written consent.
Limitation of Liability
Save as provided by statute and to the fullest extent permitted by law, the following provisions set out our entire liability (including any liability for the acts and omissions of our employees, agents and subcontractors) to you whether in contract, tort, statute, equity or otherwise:
a. you acknowledge and agree that all products and services provided under this Agreement are provided on an “AS IS” basis without warranties of any kind (whether express or implied);
b. you acknowledge and agree that we do not make any express or implied warranties or representations with respect to our affiliate program, our brands and trademarks, product, or commission payment arrangements (including, without limitation, functionality, performance, accuracy, fitness for purpose, occurrence or reliability of the tracking links, merchantability, legality, or non-infringement), and that we do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage;
c. you acknowledge and agree that we make no representation that the operation of our website will be uninterrupted or error-free and that we shall never be liable for the consequences if there are any. In the event of a discrepancy between the data reported in your affiliate panel and our database, the values from our database shall be deemed accurate and shall always prevail;
d. you acknowledge and agree that we shall never be liable to you for any losses relating to your participation in the affiliate program, your use of the tacking links or any breach of this Agreement by us, including without limitation any direct or indirect loss of profits, revenues, goodwill, anticipated savings, data or any type of special, indirect, consequential or economic loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss.
Either Party may terminate this Agreement at will, with or without reason, by giving the other party thirty (30) days written notice. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
We reserve the right to terminate this Agreement with immediate effect in the event that:
a. you fail to meet your obligations under this Agreement or otherwise breach any of the terms of this Agreement which, in the case of a breach capable of remedy, has not been remedied within five (5) business days of receipt of a notice from us specifying the breach and requiring its remedy;
b. we have reasonable suspicion that you and/or your affiliate account is engaged or used for any fraudulent, unlawful or money laundering activities under applicable law;
c. you are, in our reasonable opinion, in breach of this Agreement or have otherwise acted in a manner which is inconsistent with its purpose, including where you have breached a relevant advertising code of practice;
d. you cease or threaten to cease carrying on your business;
e. you fail to direct any new depositing customer to our website for an uninterrupted period of six (6) months;
f. you are subject to a bankruptcy petition or order, have an administrative receiver or receivers appointed in respect of the whole or any part of your assets, go into liquidation (voluntary or otherwise save for any voluntary liquidation entered into solely for the purposes of a bona fide reconstruction or amalgamation);
g. we cease to accept customers from or to advertise in any jurisdiction which you target.
If for any reason we terminate your account with immediate effect, you irrevocably agree to forfeit any accrued and unpaid commissions related to your affiliate account, and not to claim any rights to such commissions nor seek any compensation for it.
Upon termination of this Agreement:
a. all rights and licenses granted to you in the Affiliate Agreement shall immediately be revoked;
b. you must remove all references to us, including without limitation any banner, icon and tracking link, from your affiliate website and/or other marketing channels and communications, irrespective of whether the communications are commercial or non-commercial.
c. all commissions relating to existing or new customers directed to our site during the terms will cease to be accrued and payable to you from the date of termination;
d. 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 all our Intellectual Property Rights;
e. you shall release us from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination;
f. we shall pay you all credit balances held in your affiliate account at the date of effective closure, less any applicable fees which may apply, provided that your account is in good standing and that you have complied with all your obligations, subject to the terms stated in this Agreement.
By accepting a final payment from us, you irrevocably agree to the terms set in this Agreement.
Should you fail to comply with any of the foregoing, we may at our discretion withhold commissions and any other payments due to you. If you have not complied to the above within thirty (30) days from the termination of this Agreement, you will forfeit all credit balances held in your affiliate account.
Confidentiality and indemnity clauses, together with any other clauses, the survival of which is necessary for the interpretation or enforcement of this Agreement, will survive termination of this Agreement for whatever reason. For clarity, termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of the Agreement.
Our failure to enforce the strict performance of any provision under this Agreement shall not constitute a waiver of our rights to subsequently enforce such provision or any other provision provided under this Agreement. No modification, addition, deletion, or interlineation of this Agreement is permitted or will be recognised by us. None of the Company’s employees or agents has any authority to make or to agree to any alteration or modification to the terms of this Agreement.
Each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of the Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of the Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of, and is not the fault of, such party including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes, or other incidents. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event, to the extent prevented, provided that - if the force majeure event subsists for a period exceeding thirty (30) days - either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
No Agency or Partnership
The Company and the Affiliate are independent contractors and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.
Interpretation and Governing Law
The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to the Affiliate Agreement or its enforceability shall be governed and construed in accordance with the laws of Curacao. Each Party irrevocably submits to the laws of Curacao, over any claim, dispute or matter under, or in connection with, this Agreement and/or its enforceability.
This Agreement may be translated in other languages. Nonetheless, this Agreement was first drafted in English and the English language version shall always prevail where there is any conflict or discrepancy between any other language versions.
ANNEX A – COMMISSIONS
Revenue share payment model
Your affiliate commissions are paid as a percentage of the Net Revenues generated by your referred customers during the calendar month. The commission plan is listed below:
Tiers 1: If the Net Revenues are 2,500 USD or less, you get 30% commissions
Tiers 2: If the Net Revenues are between 2,501 and 5,000 USD, you get 35% commissions
Tiers 3: If the Net Revenues are between 5,001 and 10,000 USD, you get 40% commissions
Tiers 4: If the Net Revenues are more than 10,001 USD, you get 45% commissions
No negative carry-over / All calculations and figures in USD
We are currently offering a special campaign which remunerates all affiliates with 50% revenue share commissions, with no condition or minimum Net Revenue requirement. The offer is valid until October 31, 2021. We reserve the right to amend this offer at any time.
Net Revenue = Gross Revenues - Rewards - Chargeback
Gross Revenues = Bets - Wins - Admin Fee
Rewards = Redeemed Bonus + Redeemed Cash Points + Jackpot winnings
The Admin Fee is calculated as 25% of (Bets – Wins) and is applied to cover the customers transactions fees, the game provider fees, and the license fee.
CPA payment model
We currently do not offer CPA/hybrid deals. We are willing to review cases on a personal basis. Please contact us for further details.