Terms of Use

Updated 1 February 2014

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR REGISTRATION AS AN AFFILIATE OF CLUB GOLD CASINO. BY COMPLETING THE REGISTRATION FORM FOR THE CLUB GOLD CASINO PARTNERS PROGRAM AND CLICKING ON “SUBMIT” ON THE FORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHICH REPRESENT THE COMPLETE, FINAL AND EXCLUSIVE AGREEMENT BETWEEN YOU AND THE CASINO AND SUPERSEDE ALL PRIOR AGREEMENTS, REPRESENTATIONS AND UNDERSTANDINGS BETWEEN YOU AND THE CASINO. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS DO NOT CLICK ON “SUBMIT”. YOUR CONTINUED PARTICIPATION IN THE CLUB GOLD CASINO PARTNERS PROGRAM AND/OR USE OF THE AFFILIATE WEBSITE AND/OR MARKETING TOOLS OF CLUB GOLD CASINO AND/OR ACCEPTANCE OF ANY AFFILIATE COMMISSIONS FROM CLUB GOLD CASINO SHALL CONFIRM YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS AND OF ANY MODIFICATIONS THERETO AND THEREFORE YOU SHALL BE OBLIGED TO CONTINUOUSLY COMPLY WITH THESE TERMS AND CONDITIONS, AS WELL AS TO COMPLY WITH THE TERMS AND CONDITIONS OF PLAY AND PRIVACY POLICY POSTED ON THE WEBSITE OF CLUB GOLD CASINO TO THE EXTENT THAT THESE ARE RELEVANT AND APPLICABLE, AS WELL AS ANY OTHER RULES AND/OR GUIDELINES MADE KNOWN TO YOU FROM TIME TO TIME BY CLUB GOLD CASINO. YOU SHOULD SEEK THE ADVICE OF A LEGAL ADVISOR IN YOUR JURISDICTION IF YOU ARE IN DOUBT AS TO YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.

1. GENERAL

1.1. In these Terms and Conditions (“T&C”), “You” and “Your” shall refer to any natural or legal person who submits an online Registration Form (the “Registration Form”) for the Club Gold Casino Partners Program (the “Program”) and whose application is approved by Club Gold Casino (the “Casino”).
1.2. These T&C shall govern the promotion by You of the website http://www.clubgoldcasino.com (the “Casino Website”), whereby You shall be paid a commission as defined in Schedule 1 to these T&C, which shall form an integral part of these T&C, depending on the volume of traffic generated by You for the Casino.
1.3. These T&C shall constitute a legally binding agreement (the “Agreement”) between You and the Casino and shall come into effect on the date on which the Registration Form is approved by the Casino and shall remain in force indefinitely until such time as this Agreement is terminated. By completing the Registration Form and clicking on “Submit” on the form, You acknowledge that You have read, understood and agree to be bound by these T&C.
1.4. The Casino reserves the right to amend these T&C at any time and when doing so, shall either post a notice of such change on the Casino Website or notify You of the change by email. Such amendments shall become effective immediately upon being posted on the Casino Website. Whenever amended T&C are posted on the Casino Website, the date of posting shall appear at the top of the T&C, thus enabling You to easily identify any changes.
1.5. These T&C are published in English and translated into a number of other languages for information purposes and for Your convenience. In the event of any discrepancy between the English version and that of any other language, the English version shall prevail and shall form the basis of the legal relationship between You and the Casino.
1.6. The Casino is operated by Shadforth Associates Ltd (the “Company”), a company incorporated in Cyprus under registration number 167161 and licensed by the Government of the Netherlands Antilles to exploit offshore games of hazard, sports betting and wagering.

2. DEFINITIONS

2.1. “Websites” shall refer to any website or websites maintained or operated by You on the Internet.
2.2. “Minimum Deposit” shall be the amount of €20 or the equivalent of this amount in any other currency in which the Casino Website allows players to open and maintain Player Accounts.
2.3. “Gross Revenue” for any particular period of time shall mean the gross real money revenue generated by the Casino from players referred by You as a result of their using the services of the Casino and shall be calculated as the player’s account opening balance plus deposits less withdrawals less the player’s account closing balance.
2.4. “Net Revenue” for any particular period of time shall mean Gross Revenue for the same period of time less progressive jackpot contributions, chargebacks, fraud costs and payment processing fees.

3. ACCEPTANCE OF YOUR APPLICATION

3.1. The Casino shall evaluate the Registration Form submitted by You and shall inform You in writing or by email whether Your application has been accepted or not.
3.2. The Casino reserves the right to refuse any registration at its sole and absolute discretion.
3.3. You hereby warrant that:
(a) You are of the minimum legal age required in the jurisdiction in which You are operating in order to enter into this Agreement.
(b) You are competent and duly authorised to enter into binding agreements on behalf of the corporate entity which You purport to represent and/or the Websites.
(c) You are the proprietor of all rights, licenses and permits to market, promote and advertise the Casino in accordance with the provisions of these T&C.
(d) You shall comply with all applicable rules, laws and regulations in connection with the promotion of the Casino.
(e) You fully understand and accept these T&C.

4. COLLUSION AND FRAUD

4.1. The term “Fraud” in reference to affiliate collusion is an attempt by an affiliate or group of affiliates to create fraudulent income with a coordinated effort. Collusion shall include, but is not limited to:
(a) coordinated bonus abuse in an attempt to collect affiliate income;
(b) coordinated betting where such bets are made as an offset to collect commissions;
(c) continual charge backs by real money players with the intention of collecting commissions;
(d) offering affiliates and/or players financial incentives for the purpose of gaining a rebate from Your affiliate commissions;
(e) duplicate affiliate and/or player accounts for the purpose of collusion; and
(f) any other act which the Casino may determine through detailed investigation as being used to generate fraudulent commissions.
4.2. Rake-back schemes: Should You choose to offer so-called “rake-back schemes” or similar promotions which offer or allow a proportion of the players’ rake to be returned to the player in any form, You will be banned from sending traffic to the Casino unless otherwise authorised in writing by the Casino. The Casino shall have the right to deduct funds from any amount due to You as compensation for traffic deemed to have been referred through fraudulent means and Your account will be frozen.
4.3. Bonus code abuse: Bonus code abuse is strictly monitored and in the event that You use an unauthorised bonus code or promotional landing page which was not provided to You expressly to use either directly in person or via the public affiliate creative library, You will be immediately dismissed from the Program and all commissions from traffic sent using such a bonus code or promotional landing page will be withheld.

5. RESPONSIBILITIES AND OBLIGATIONS OF THE CASINO

5.1. The Casino shall provide You with all information, links and marketing material required by You for the implementation of this Agreement.
5.2. The Casino shall administer the turnover generated via the links and marketing material, record the Net Revenue and the total amount of commission earned via such links, provide You with commission statistics and handle all player matters. A unique tracking identification code shall be assigned to all referred players.
5.3. The Casino shall pay You the amount due depending on the traffic generated subject to these T&C.

6. YOUR RESPONSIBILITIES AND OBLIGATIONS

6.1. You hereby warrant and undertake:
(a) To use Your best endeavours to actively and effectively advertise, market and promote the Casino and to abide by the guidelines of the Casino as may be notified to You from time to time and/or accessible online.
(b) To market and refer potential players to the Casino at Your own cost and expense. You shall be solely responsible for the distribution, content and nature of Your marketing activities. All Your marketing activities shall be professional, proper and lawful under applicable laws and in accordance with these T&C.
(c) To use only links and marketing material provided by the Casino via its affiliate software, otherwise no responsibility whatsoever shall be assumed by the Casino for proper registration and revenue calculation.
(d) Not to change or in any way modify any link or marketing material without the prior written consent of the Casino.
(e) To be responsible for the development, operation and maintenance of Your website as well as for all material appearing on Your website.
6.2. You hereby warrant:
(a) That You shall not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
(b) That You shall not actively target any person who is under the legal age for gambling.
(c) That You shall not actively target any jurisdiction where gambling or the promotion thereof are illegal.
(d) That You shall not refer traffic to the Casino through illegal or fraudulent activities, particularly but not limited to by:
(i) sending spam;
(ii) using incorrect meta tags;
(iii) registering as a player or making deposits directly or indirectly into any player account through Your tracker(s) for Your own personal use and/or the use of Your relatives, friends, employees or other third parties or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Casino (violation of this provision shall be deemed to be fraud); or
(iv) encouraging the abuse of any bonus, free bet or promotion offered by the Casino.
(e) That You shall not present the Websites in such a way that they may evoke any risk of confusion with the Casino Website and/or convey the impression that the Websites partly or fully originated from the Casino.
(f) That, when employing a pay-per-click strategy with Google Adwords, DoubleClick or any other similar program, You shall adhere to the following rules:
(i) You shall not bid on any of the terms “ClubGoldCasino”, “clubgoldcasino.com”, “www.clubgoldcasino.com” or any misspellings or variations of any of these.
(ii) You shall not display the brand name “Club Gold Casino” in Your display URL.
(iii) You shall not use the URL “clubgoldcasino.com” in Your display URL.
(iv) Your shall not use the creative messaging from the Casino’s own pay-per-click activity.
(v) You shall not claim to be the official Club Gold Casino site.
(vi) You may use ”Club Gold Casino” within Your ad copy but not within Your ad title.
(vii) If wishing to bid on generic terms, You shall not directly link to the Casino Website and shall have Your own landing page or website.
(viii) You may include ”Club Gold Casino” in the sub domain of the display URL’s within Your search engine adverts, eg www.clubgoldcasino.affiliatesite.com.
(ix) You may include ”Club Gold Casino” in the sub folders of the display URL’s in Your search engine adverts, eg www.affiliatesite.com/clubgoldcasino.
(g) That, without prejudice to any marketing material as may be provided by the Casino and/or made available online through the Casino Website, You shall not use “clubgoldcasino.com” or any other terms, trademarks or other intellectual property rights which are vested in the Casino unless the Casino consents to such use in writing.
6.3. You are prohibited from promoting, online or otherwise, any of the products found on the Casino Website in Bulgaria, Cyprus, Estonia, France, any of the French Overseas Department and Territories, Hong Kong, Israel, the USA or any of the Territories of the USA. You shall be held responsible and shall fully indemnify the Casino and the Company for any claims, liabilities, fines, penalties and/or damages incurred by the Casino and/or the Company as a result of Your infringement of this provision.

7. PAYMENT

7.1. The Casino agrees to pay You a commission calculated on the Net Revenue generated from new players referred by You through the Websites and/or other channels. New players are those players of the Casino who do not yet have a Player Account and who access the Casino Website via the link from the Websites to the Casino Website and who properly register and make real money deposits at least equivalent to the Minimum Deposit into their Club Gold Casino Player Account. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.
7.2. The commission shall be calculated as a percentage of Net Revenue, as shown in Schedule 1 to these T&C.
7.3. The commission shall be calculated at the end of each calendar month and payment shall be effected between the 10th and 15th day of the subsequent month, provided that the amount due exceeds €100 (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when it collectively exceeds the Minimum Threshold.
7.4. Where Net Revenue for any particular month is negative, thus resulting in a negative commission amount due to You, no commission shall be payable to You in respect of that month and no negative balance shall be carried forward to the following month.
7.5. Payment of commissions shall, wherever possible, be made using the payment method selected by You. If an error is made in calculating the commission, the Casino reserves the right to correct such calculation at any time and shall immediately pay out any underpayment or reclaim any overpayment made to You.
7.6. Your acceptance of payment shall be deemed to be full and final settlement of the balance due for the period indicated.
7.7. In the event that You disagree with the balance due as calculated by the Casino, You shall, within a period of 60 days, send an email to the Casino at [email protected], explaining the grounds for such disagreement. Failure to send an email within the prescribed time limit shall be deemed to be an irrevocable acknowledgment of the balance due for the period indicated.
7.8. The Casino may delay payment of any balance due to You for up to 90 days, while it investigates and verifies that the relevant transactions comply with these T&C.
7.9. No payment shall be due when the traffic generated is illegal or contravenes any of these T&C.
7.10. You agree to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions which may be brought against You to the fullest extent of the law.
7.11. You shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by You as a result of the revenue generated under this Agreement. The Casino shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by You and You hereby indemnify the Casino and the Company in this regard.

8. TERMINATION

8.1. This Agreement may be terminated by either party by giving 30 days written notice to the other party. Written notice may be given by email.
8.2. It is hereby agreed that upon termination of this Agreement:
(a) You shall remove all banners and/or images relating to the Casino from the Websites and disable all links from the Websites to the Casino Website. All rights and licences granted to You under this Agreement shall immediately terminate. You shall return to the Casino all confidential information relating to the Casino and all copies of such information in Your possession, custody or control and shall cease using any of the Casino’s marks, logos or images.
(b) All rights and licenses granted to You under this Agreement shall immediately terminate and all rights shall revert to the respective licensors and You shall cease the use of any trademarks, service marks, logos and other designations vested in the Casino.
(c) You shall be entitled only to those earned and unpaid commissions as of the effective date of termination and to commissions which have been agreed to be payable to you on a “lifetime” basis, ie which you shall be entitled to receive for as long as the Casino continues to receive revenue from players referred by You even after the termination of this Agreement; provided that the Casino may withhold Your final payment for a reasonable time so as to ensure that the correct amount is paid.
(d) If this Agreement is terminated by the Casino on the basis of Your breach of any of these T&C, the Casino shall be entitled to withhold Your earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Casino due to a breach by You of any of these T&C shall not require a notice period and such termination shall have immediate effect upon simple notification by the Casino to You.
(e) You must return to the Casino any and all confidential information (and all copies and derivations thereof) in Your possession, custody or control.
(f) You shall release the Casino from all obligations and liabilities occurring or arising after the date of such termination, except with respect to “lifetime” commissions (as described in Clause 8.2(c) above and those obligations which by their nature are designed to survive termination. Termination shall not relieve You from any liability arising from any breach of these T&C which occurred prior to termination and/or from any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. Your obligation of confidentiality towards the Casino and the Company shall survive the termination of this Agreement.

9. WARRANTIES

9.1. You expressly acknowledge and agree that the use of the Internet is at Your own risk and that the Program is provided “as is” and “as available” without any warranties or conditions whatsoever, express or implied. No guarantee is made that access to the Casino Website shall be possible at any particular time or any particular location.
9.2. The Casino shall in no event be liable to You or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Casino Website or the Program.
10. INDEMNIFICATION

10.1. You agree to defend, indemnify and hold the Casino and the Company and their affiliates, successors, officers, employees, agents, directors, shareholders and attorneys free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
(a) any breach of Your representations, warranties or covenants under this Agreement;
(b) Your use (or misuse) of the marketing materials;
(c) all conduct and activities occurring under Your user ID and password;
(d) any defamatory, libellous or illegal material contained within the Websites or Your information and data;
(e) any claim or contention that the Websites or Your information and/or data infringes any third party’s patent, copyright, trademark or other intellectual property rights or violates any third party’s rights of privacy or publicity;
(f) third party access or use of the Websites or Your information and data;
(g) any claim related to the Websites; or
(h) any violation of these T&C.
10.2. The Casino reserves the right to participate, at its own expense in the defence of any matter.

11. CASINO RIGHTS

11.1. The Casino may refuse any player or close a player’s account if it is necessary in order to comply with the Casino’s policies and/or protect the interests of the Casino.
11.2. The Casino may reject any Registration Form and/or may close any Affiliate account if it is necessary to comply with the Casino’s policies and/or to protect the interests of the Casino. If You are in breach of these T&C or any of the Casino’s terms and conditions or other rules, policies or guidelines, the Casino may, in addition to closing Your account, take any other steps at law to protect its interests.

12. RELATIONSHIP OF THE PARTIES

12.1. Nothing contained in these T&C, nor any action taken by You or the Casino, shall be deemed to constitute either party (or any of such party’s employees, agents or representatives) an employee or legal representative of the other party, nor to create any partnership, joint venture, association or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.

13. CONFIDENTIALITY

13.1. All information, including but not limited to business and financial matters, lists of players and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Casino and of the Company shall be treated confidentially. Such information must not be used for Your own commercial or other purposes nor divulged to any person or third party, either directly or indirectly, unless the prior explicit and written consent of the Casino has been obtained. This provision shall survive the termination of this Agreement.
13.2. You oblige Yourself not to use the confidential information for any purpose other than the performance of Your obligations under this Agreement.

14. SUNDRY PROVISIONS

14.1. The Casino shall be entitled at any time to assign or otherwise transfer the rights and obligations arising out of this Agreement, in whole or in part, to any party at its absolute discretion and You shall be deemed to consent to such assignment. You shall have no right to transfer nor assign any rights or obligations arising out of this Agreement to any party without the prior written consent of the Casino.
14.2. These T&C constitute the entire Agreement between You and the Casino in relation to Your participation in the Program and shall supersede all prior discussions, communications, agreements, representations, and/or understandings between You and the Casino, whether in writing or verbal or electronic form.
14.3. Should any provision of these T&C be found to be illegal or unenforceable, such provision shall be excluded from these T&C and all remaining provisions shall continue to have full force and effect.
14.4. 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 casualty. 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. Provided that, if the force majeure event subsists for a period exceeding 30 days, then either party shall have the right to terminate this Agreement without notice.
14.5. The Casino reserves the right to amend, alter, delete or add to any of the provisions of these T&C at any time and at its sole discretion, without giving any advance notice to You. Any such changes shall be posted on the Casino Website.
14.6. Any notice given to You by the Casino shall be sent to You at the most recent email address provided by You and shall be deemed to be received by You on the date on which it is sent by the Casino. Any notice given to the Casino by You shall be sent to [email protected] and shall be deemed to be received by the Casino on the date on which it is sent by You.
14.7. You acknowledge and accept that a printed copy of these T&C and of any notice given to You by the Casino in electronic or any other form shall be fully admissible in judicial or administrative proceedings relating to these T&C.
14.8. Nothing contained in these T&C shall grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights (hereinafter referred to simply as “Marks”) of the other party. At no time during or after the term of this Agreement will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the Marks of the other party or of any company within the group of companies of the other party. Provided also that neither of the parties shall register nor attempt to register any Mark which is basically similar to and/or confusingly similar to any Mark which belongs to the other party or to any company contained within the other party’s group of companies.
14.9. This Agreement shall be governed exclusively by English Law and the parties to it submit to the jurisdiction of the English courts.

SCHEDULE 1 – COMMISSION

1. CASINO REVENUE

The following rates of commission shall be paid to You by the Casino in respect of total Net Revenue per calendar month for the entire duration of this Agreement:

(a) For affiliates registered prior to 30 January 2014

Net Revenue bracket
Up to €5,000
€5,001 to €15,000
€15,001 to €25,000
Over €25,000
Rate of commission
25%
30%
35%
40%

 

(b) For affiliates registered from 30 January 2014 onwards

Period from signup
1st month
2nd month
3rd month
From the 4th month
Rate of commission
85%
65%
55%
Negotiable

 

Note:
At the discretion of the Casino, hybrid and/or Cost Per Acquisition commission structures may also be considered.