Terms and Conditions
Mr Win Affiliates Terms and Conditions
In order to apply for our affiliate program, you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions do not continue with your application. Should you have any questions regarding our affiliate program please contact firstname.lastname@example.org for further information.
1.1 This document (the “Agreement”) outlines the terms and conditions agreed between us, Mr Win (referred to herein as “Mr Win”, “we” “us” or “our”) and you (referred to herein as “you”, “your” or “Affiliate”), in respect to your application to join our affiliate program and to promote the mrwin.com website and our services.
1.2 In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. Mr Win determines at its’ sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our Affiliate or not. Upon a successful application, you will be bound by these terms and conditions set out in this agreement when marketing/promoting the Mr Win website and services.
In this Agreement, unless the context otherwise requires:
“Confidential Information” means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
“Net Generated Revenues (NGR)” means the sum of Mr Win’s net revenue generated by all your referrals in the space of a calendar month.
“Net Revenue”, calculated on a monthly basis, means the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, “loyalty rewards”, rakeback, 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 Customers who have no prior account with Our Website, and have signed up for an account with us with your Affiliate tracking code attached.
“New Depositing Player” means a New Customer / Player who has made a first minimum deposit with Mr Win where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with Mr Win within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.
“Revenue Share” means the percentage share the Affiliate will earn from the Net Generated Revenues created by his Referred Customers.
“Your Website” the website which you notify to us on the Affiliate sign up form.
3.1 The Links provided to you by Mr Win should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without Mr Win’s prior written consent. 3.2 You shall ensure that you do not place any Links on pages of the 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 the Your Website, you must first obtain Mr Win’s written consent.
3.4 The tracking link cookies have a browser storage limit duration of 48 hours.
3.5 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 13.2).
4. Commission Structures
Revenue Share and Net Generated Revenue Calculations
4.1.1 Your revenue share is calculated according to the following structure:
4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Sports Betting products.
4.2 Net Generated Revenue is calculated according to the following terms for each of Mr Win’ products:
a) NGR from Sports Betting is calculated as, the figure resulting from the calculation of the betting revenues generated by your referred Customers actually received by us less the winnings, less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.
b) NGR from Casino is calculated as, the sum total of all your referred Customers’ gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.
CPA (Cost Per Acquisition) and Hybrid (CPA + Revenue Share)
4.3 The minimum deposit baseline that triggers the CPA is €25, unless otherwise specified.
4.4 The minimum turnover baseline that triggers the CPA is €26, unless otherwise specified.
4.5 Registered players that convert after the hybrid deal has been terminated don’t qualify for the CPA. Only the Revenue Share part of the deal will count, unless otherwise agreed.
4.6 Registered players that convert after the CPA deal has been terminated don’t qualify for any commission, unless otherwise agreed.
5. Forbidden Practices
5.1 You may under no circumstances advertise our brand name on search engines like Google and Bing. This leads to the termination of the contract with immediate effect and all funds on the affiliate account will be confiscated.
5.2 You may not in any way offer added rewards of any kind to your Referred Customers without Mr Win’s prior written consent. If Mr Win deems you to be in breach of this condition, Mr Win may terminate your Affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 13.2).
5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Mr Win Site.
5.4 You are forbidden to attempt to artificially increase monies payable to you by Mr Win.
5.5 The Affiliate hereby undertakes, represents and warrants that it will not generate traffic to the Mr Win Website by illegal or fraudulent activity, particularly but not limited to by:
(i) sending spam;
(ii) registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud Mr Win. Violation of this provision shall be deemed to be fraud;
(iii) that it will not present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Mr Win Website or convey the impression that the Affiliate Website(s) is partly or fully originated with/from the Mr Win Website.
5.6 You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
5.7 When advertising to customers in Great Britain, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communications, particularly in relation to free bet and bonus offers do not amount to or involve misleading actions or misleading omissions. 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 free bet or bonus offers which may 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 communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority.
6. Mr Win’s Obligations
6.1 Mr Win shall supply you with the Links for inclusion on the Your Website and may update such Links from time to time.
6.2 Mr Win shall use its best endeavours to ensure that whenever a Referred Customer signs-up with Mr Win through your Affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, Mr Win shall not be liable to you in any way if Mr Win is unable to identify a Customer as originating from the Your Website.
7.1 You will receive affiliate payments by invoice or directly to your Mr Win player account.
7.2 Payment is made between the 5th and the 10th of every calendar month.
7.3 The commission is calculated according to the commission structured agreed upon according to 4.1.1.
7.4 The minimum sum for a monthly payment of affiliate payment is €50 when is to a player’s account and €100 when is by invoice. If a Revenue Share does not exceed these amounts, Mr Win shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds the sums, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €50 for a player’s account or €100 by invoice in any given month.
7.5 Negative earnings will not be carried over from calendar month to calendar month. If you have generated negative revenues for a particular month, they will be zeroed for the subsequent month. Excluded from the “no negative carry over” are individual players who won more than 10,000.00 EUR in a single month and where the aggregate net revenue for that affiliate, within the same month, is negative €5000 or more. These players will be placed in quarantine until they become positive.
7.6 Mr Win shall provide you with statements accessible through your personal affiliate page, http://mrwinaffiliates.com, detailing the Referred Customers and your share of Net Generated Revenues.
7.7 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
7.8 If the Affiliate disagrees with the balance due as reported, it shall notify Mr Win within thirty (30) days from the date of payment and state the reasons of the disagreement. Failure to notify Mr Win within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
7.9 Mr Win may in its sole discretion withhold the payment of any balance to the Affiliate for up to one hundred-and-eighty (180) days if Mr Win needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement.
7.10 No payment shall be due if Mr Win has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
7.11 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify Mr Win for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
7.12 Payments are issued by the system on the last day of each month. From that moment, all affiliates have up to 180 days to collect the earned commissions. Failure to send the correspondent invoice or necessary details in order to proceed with the payments will be considered as an acknowledgment of the previously stated, and consequently Mr Win reserves the right to void the related commissions.
8. Intellectual Property
8.1 Mr Win grants you a non-exclusive and worldwide license to display the Mr Win brand features and related content (the ” Mr Win Content”) during the Term solely for the purposes of the display of the Links by you on the Your Website as set out in this Agreement and in accordance with Mr Win’s guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by Mr Win to its customers from time to time shall remain the property of Mr Win. You are not permitted to alter or modify in any way the Mr Win Content without the express prior written consent of Mr Win.
8.2 You agree that the Your Website shall not resemble in any way the look and/or feel of the Mr Win Site, nor will you create the impression that the Your Website is the Mr Win Site (or any part thereof).
9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.
9.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement.
We make no representation that the operation of the Mr Win Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You (the “Indemnifying Party”) shall indemnify on demand and hold harmless Mr Win and each of Mr Win’s associates, officers, directors, employees, agents, shareholders and partners (the “Indemnified Party”) from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non-observance by the Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement
12. Exclusion of Liability
12.1 Nothing in this clause 12.1 shall limit Mr Win’s liability for death or personal injury resulting from Mr Win’s negligence or for fraud.
12.2 Mr Win shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.
12.3 The liability of Mr Win shall not, in any event, exceed the sum of the total monies paid by Mr Win to you over the 6-month period preceding the date on which such liability accrued.
13.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days’ written notice.
13.2 If you are in material breach of your obligations within this agreement, Mr Win may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on you Referred Customers, by written notice to you.
13.3 In the event that a referred customer has had no activity for a period exceeding 24 months, this customer will no longer be deemed as your referral and you will no longer be entitled to any further Revenue Share from any future revenues created by this player.
14.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
14.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
14.3 Any notice given or made under this Agreement to Mr Win shall be by email to the relevant email: email@example.com. Mr Win shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Mr Win.
14.4 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
14.5 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
14.6 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Netherlands Antilles. Each party irrevocably submits to the exclusive jurisdiction of The Netherlands Antilles courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
14.7 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
15. Changes to This Agreement
This Agreement has been updated on March 19, 2018.