Last Updated: September 1 , 2021.
CashbackAffiliates is owned and operated by Emwys Ltd, a company registered in Malta, with registered address at Viewpoint Block D, No. 130,Triq Andre` Maurois St. Julians STJ1575, having company registration number C97834
Upon your registration and accessing and using our marketing tools, as well as by collecting any rewards, bonuses and commissions you state that you’ve read and accepted, the Affiliate Program and the terms and conditions under it.
We may make slight changes to this agreement from time to time, which is why we advise all our affiliates to regularly visit this page. We will update you on any changes and we presume you give your consent to the updated terms and conditions when you continue to use our affiliate program.
Our terms and conditions are always published in English and may suffer periodical changes. Translations into other languages can be made in good faith but the English language version is always a priority.
DEFINITION OF TERMS
1.1 The term “Affiliate” refers to the person who is applying for our affiliate program. It may be interchanged with ‘player’, ‘customer’, and ‘Your’.
1.2 “Affiliate Account” is the account that the affiliate uses. The affiliate account is set up when the affiliate finishes the application and he can use it afterwards in order to participate in the affiliate program.
1.3 “Affiliate Agreement” encompasses a couple of documents: the terms and conditions listed on this page, the terms and conditions of the Commission Structures that concern different products and brands, any and all other rules that the company would inform that Affiliate about on a periodical basis.
1.4 “Affiliate Application” is the application that the affiliate creates so that it can gain access to the Affiliate program.
1.5 “Affiliate links” are the hyperlinks the Affiliate uses so that it can link the desired page to the company’s website.
1.6 “Affiliate program” is the collaboration between the company and the affiliate. The affiliate agrees to promote the website of the company and create links that will link the affiliate’s webpage to the company’s webpage. For this service, the affiliate will receive the proper commission, which usually depends on the amount of traffic the affiliate’s site generates to the company’s site.
1.7 “Affiliate Wallet” is the e-wallet that is issued in the Affiliate’s name. It’s an online wallet where any and all payments, including the commission, goes. Therefore, the affiliate can make withdrawals from this wallet according to the affiliate agreement.
1.8 “Affiliate website” is the website that the Affiliate operates or controls outside the company’s website.
1.9 Under the term Company we refer exclusively to Cashback Casino and the companies that are under the Cashback Casino group.
1.10 Whenever the term “company website” is mentioned it refers to the website www.cashbackaffiliates.com and/or other mirror websites related to it.
1.11 The term “commission” refers to the net gaming revenue.
1.12 “Commission Structures are all the specific rewards and bonuses that have been arranged between the affiliate and the company.
1.13 Under the term “confidential information” we refer to any and all information that is considered confidential and is of commercial and essential value to the company. Confidential information includes trade secrets, company’s technology, data about new customers, marketing plans, business information, manners of operation, strategies, company’s database, prices, website information, financial reports and other information not listed here.
1.14 The term “Net gaming revenue” is the money the company collects from new customers when they place bets. It’s minus their winnings, fraud costs, chargebacks, issued bonuses, administration fees and net balance corrections.
1.15 Under “Intellectual Property Rights” we encompass all the domain names, trademarks, copyright, brands, service marks, business names and registration of all the above.
1.16 The term “new customer” refers to any customer that comes to our website for the first time and opens an account by agreeing to all the terms and conditions of the affiliate agreement.
1.17 The term “personal data” includes all the data that identifies a private or legal entity.
1.18 And lastly, the term “party” can refer to either the company or the affiliate, both representing one party.
OBLIGATIONS OF AN AFFILIATE
2.1 Registration process for becoming an Affiliate
If you want to be our Affiliate the first thing you need to do is read our terms and conditions, understand them and accept them by clicking on the appropriate box when submitting your application for our affiliate program. The affiliate application you fill in will become an integral part of our affiliate agreement.
It’s up to us to accept or decline any affiliate application and our decision is final. The applicant doesn’t have the right to an appeal. The applicant will be notified via email about our decision and will be informed whether or not their application has been successful.
The affiliate has the right to hold one single account. If we find you have more than one account on our website we hold the right to suspend all your accounts until you consolidate your balances. You have the obligation to provide any and all documentation we ask from you in order to verify the affiliate application. We will also use this information at any given time when we need to verify your affiliate account for as long as our affiliate agreement lasts.
The documentation we may require can include bank statements, proof of address, corporate or individual identity papers and so on.
All the information you submit to us should be complete and accurate and we hold the right to ask for additional proof of identity. If we start an identity verification process we will suspend all your withdrawals until the process is completed, it’s standard rules of procedure. You should notify us in case there’s a change in your submitted personal information, such as address, phone number or email.
2.2 Login details of the Affiliate
The affiliate has the responsibility to keep his or hers login details safe from unauthorized breaches. If you fail to do so and this results in costs, damages and expenses, you will be held liable. You are also the only person responsible for any and all activities that occur under your customer ID and password. If you suspect unauthorized use of your affiliate account, you should inform us immediately.
2.3 The Affiliate Website and Its Uses
Affiliate are the only persons that can be held responsible, accountable and liable for the operation and maintenance of the affiliate website and all materials that appear on it.
The affiliate website has to be in compliance with the laws of the country it operates in, especially the General Data Protection Regulation. Furthermore, for the duration of the affiliate agreement, the affiliate website must function as a professional website.
It should be clear that the affiliate website is not the Company website and it should never be confused as such. The affiliate website must not give the impression that it’s controlled or owned by the Company.
The company or the affiliate website should never accept discriminatory, defamatory, harmful or slanderous content on its sites. This includes, among others, violent, obscene, unsuitable, derogatory or pornographic content.
If there’s mention of our brand for advertising purposes on the Affiliate Website or any use of the brand name in the domain name or anything like it (Branded Traffic) an appropriate compensation will follow.
2.4 Good faith and Valid Traffic
An affiliate is not allowed to sign up as a new customer in order to generate traffic to the Company’s website and thus have financial gain. This includes when a family member of the affiliate, an associate or any third party registers on the company’s website in his name and for his gain. Any behavior of this sort shall be seen as fraud intentionally committed by the affiliate.
The affiliate should also refrain from profiting from traffic that hasn’t been generated in good faith. If there’s any suspicion that a new customer you’ve referred has any implication in fraudulent activities such as fraud, money laundering, abuse of online gaming sites, bonus abuse and so on you have the obligation to notify the company instantly.
Consequently, it should be recognized that if a new customer is discovered to have been involved in fraudulent behavior (as mentioned before) will not be recognized as a valid new customer as stipulated in the Affiliate Agreement. This will be true regardless of whether or not you were the one to report the fraudulent customer or the Company had discovered him. These type of new customers will be denied payment of their commission until the fraudulent behavior is appropriately handled per the Affiliate Agreement.
2.5 Participating in the Affiliate Program
The company does not accept opening of multiple affiliate accounts, opening an account for a third party and brokering. You are to be the single user of a single affiliate account. If you, as an Affiliate, wish to transfer your affiliate account to another owner you have to contact the Company and ask permission before doing so. But, there is a possibility for one affiliate to open more than one account if he has asked and received written consent from the Company beforehand.
With your acceptance of the Affiliate Program and your participation in the same, you give your consent that you will work towards marketing, promoting and advertising the Company’s website and its services as stipulated in this agreement. You also give your consent to follow our instructions and ensure that the actions you take and activities you participate in shall not harm the Company’s reputation.
The company’s single approved advertising method available to you is affiliate links and similar related materials that can be linked to the Company’s website. Affiliates are allowed to create links to the company’s website and manage them on occasions when the Company approves.
2.6 Affiliate Links and their uses
The affiliates can only use the affiliate links that the company provides them with so that these links are appropriate per the Affiliate program. The affiliate links should be as prominently displayed on the affiliate website as any other marketing links.
The company doesn’t not allow the affiliate to mask the affiliate links or hide the traffic source to the company’s website.
2.7 Websites that are unsuitable
It is prohibited for the affiliate to place affiliate links or any other form of advertising of the company’s website, intellectual property or the services it offers on unsuitable websites.
Unsuitable websites are websites that promote violence, feature illegal pornography, promote discrimination on any basis, display illegal sexual content, or feature and promote illegal activities. Furthermore, unsuitable websites are considered the websites that violate the intellectual rights of the Company or any other third party, as well as commit a breach in any regulations, laws, or advertising rules in any country or territory.
2.8 Using the Right of the Company’s Intellectual Property
If you, as an affiliate, plan on using the company’s intellectual property you have to follow and respect the brand guidelines that will be released from time to time in accordance with the Affiliate Agreement. In order to use the company’s intellectual rights, the affiliate will have to seek approval as outlined in the clause below.
An affiliate will not try to do anything that goes against the intellectual property rights of Cashback Casino or violate them in any way. This includes, among other, copying the structure, outline and arrangement of Cashback Casino software, using the company’s brand, personal name or logo, brand bidding, registering domain names that can be confused with the company brand. All of the above mentioned is prohibited, except what is explicitly as permitted by this Affiliate agreement.
2.9 SMS and E-mail Marketing
The affiliate is allowed to send SMS and emails to third parties and promote the company’s website by using the company’s intellectual rights. But, the affiliate needs to ask for permission when sending SMS or emails for these reasons.
If the affiliate is granted permission for SMS and email marketing of the Company’s website he or she must be sure to receive the receiver’s consent for SMS or email marketing. The affiliate must also ensure that the receivers of the SMS or emails as part of the marketing campaign haven’t chosen to no longer receive this kind of messages. Furthermore, it must be made clear in your SMS and emails that they’re sent from you, the Affiliate, and not directly from the Company.
2.10 Company’s Approved Creatives
Using the company’s images, banners, and logos and other creative layouts which are part of the company’s intellectual property for advertising purposes is not permitted. This is permitted only if the Company gives you the advertising layout for explicit use.
If the company gives you advertising layouts for marketing use, you are not permitted to modify any of them.
If is your responsibility to ask for permission and approval from the Company before launching any advertising campaign or creating content for this purpose. You also have the responsibility to make sure that the company gives you written approval in relations with the advertising. If the Company asks for evidence of approval you should always be prepared to present it.
2.11 Gaming Responsibly
The company is continuously engaged and committed to always promote a responsible attitude towards gaming with the sole purpose of preventing gambling addiction. Therefore, the affiliate also agrees to actively participate in the Company’s actions and covey a message for responsible gaming. This also means that the Affiliate will ensure not to target people under the age of 18.
2.12 Cookies and Data Protection
2.13 Loyalty Programs for the Affiliate
The affiliate doesn’t have the right to offer any type of cash-back and value-back programs, except for the programs that are included in the Affiliate agreement and provided by the Company.
2.14 Expense and Costs
All expenses, costs and risks that are made personally by the Affiliate in order to comply with all the obligations per this agreement will be on the affiliate’s expense.
2.15 Illegal Activities
The affiliate must not target any territory, country or jurisdiction where online gambling is illegal in accordance to the law. He or she must always act within the relevant laws as stipulated in the Affiliate agreement. Furthermore, the affiliate must not perform any illegal acts or actions (intentionally or not).
2.16 Incorrectly paid Commissions
If the Company asks, the affiliate must instantly agree to return any and all commission fees that he or she has received for a new customer who was subsequently caught performing fraudulent transactions or breaching the affiliate agreement.
2.17 Monitoring of Affiliate Activity by the Company
If the Company asks or requires any services from the Affiliate, he or she shall immediately provide them. Moreover, the affiliate is required to present any information asked for by the Company for the monitoring of the affiliate activities within the scope of the affiliate program.
OBLIGATION OF THE COMPANY
3.1. The company is obligated, to the best of her efforts, to provide all the affiliates with the necessary information and material for the implementation of the affiliate links.
3.2. The company will register all the new customers that are directed to our website through the affiliate links provided by you. However, this will be done at our discretion because we will track their present and past transactions as well.
3.3 The company has the right to deny service to new customers if they don’t comply with our periodically established requirements, as well as close their respective accounts for the same purpose.
3.4 The company is responsible to provide you with the necessary monitoring tools for the tracking of your affiliate account, your payments and your commission level.
3.5 The company will use and process the affiliate’s personal data in the following manner: the username of the affiliate used for logging onto the company’s website, the email of the affiliate, his or her full name, date of birth, country of residence, home address, current phone number as well as all the financial data necessary for fulfilling the AML legal requirements and managing the business relationship with the company, making sure all is done in the most secure possible manner.
3.6 As long as the affiliate strictly adheres and respects all the clauses in the Affiliate agreement, the Company agrees to pay the respective commission as stipulated in clause 6.
RIGHTS OF AN AFFILIATE
4.1 Right for the Direction of New Customers
The company agrees to grant the Affiliates with the non-exclusive and non-assignable rights (for the duration of the Affiliate agreement) to direct new customers to the company’s website. The company also grants you no right to any kind of compensation from the business secured by entities aside from you.
4.2 License for the use of the Company’s Intellectual Property Rights
The company shall grant the affiliate a non-exclusive and non-transferable license (for the duration of the affiliate agreement) to use their intellectual property rights freely. These rights may give you authorization from time to time to display promotional materials on the affiliate website or some other location if expressly approved by the Company. You are not permitted to transfer, assign or sub-license this license to any other party.
4.3 The Personal Data of Players
The affiliate will not, under any circumstances, be granted access to any type of personal data of the Company’s other players and customers.
THE RIGHTS AND REMEDIES OF THE COMPANY
If you commit a breach of contract (suspected or confirmed) or fail to meet your obligations as stated in this Affiliate Agreement or are negligent in your performance and participation in the Affiliate program, the company has the right to use the following remedies:
- The right to temporarily suspend your participation, active or passive, in the affiliate program. The suspension will last as long as the company investigates any and all activity related to your breach or misconduct. This applies to your payments and commissions as well.
- The right to withhold and/or restrict commission payment and/or any other payment that results from activities that are in breach of this Affiliate agreement.
- The right to instantly terminate the Affiliate Agreement within her discretion.
- The right to withhold and deduce from the Affiliate’s commission any amount that the Company considers necessary in order to cover damages, indemnity and insurance caused by the Affiliate’s breach or failure to comply with his or her obligations as stipulated in this contract.
- The right to withhold any amount left in the Affiliate’s e-wallet if it hasn’t been withdrawn within 3 months from the date of termination of this Affiliate Agreement.
- The remedies and rights that the Company has at its disposal can be amended from time to time along with other clauses of this agreement. Every affiliate has the responsibility to check the company’s website for any important amendments and modifications.
The rights and remedies detailed above are not mutually exclusive.
PAYMENT AND COMMISSION PROCESS
6.1 As long as the Affiliate strictly adheres to all the requirements and provisions listed in this Affiliate Agreement, he or she is entitled to a commission in accordance with this affiliate agreement and the commission structure of the company. However, we reserve the right to change how the Company calculates the commission percentage and the commission percentage itself in accordance with this clause.
6.2 If an error occurs in the calculation of the commission, the Company holds the right to correct the error at any time and reclaim any amount that has been overpaid or pay any amount that has been underpaid as a result of this type of error.
6.3 The affiliate has the right to his or her commission and this commission will be calculated at the end of every month and paid to the affiliate’s account on a monthly basis until the end of the next calendar month.
6.4 The affiliate’s commission can be paid only through Affilka Affiliate Platform. In order to comply with the existing policies and regulations, every affiliate may be asked to go through verification process and documentation process ‘know your customer’ before he or she can access the withdrawal process.
6.5 The affiliate will have to have a minimum amount of 500 euros (€500) in accumulated commission in order to claim payment in any given month.
6.6. The affiliate is allowed, at the Company’s discretion and judgment, to have the opportunity to reconstitute and/or restructure its commission’s structure.
6.7. Once the affiliate accepts the paid commission by the Company, this acceptance reconstitutes the full and final settlement of any amount due for that period. If the affiliate believes there’s an error in calculation or he or she simply disagrees with the amount paid, he or she has the right to notify the Company within 14 calendar days. Furthermore, in his written notification to the Company, the affiliate must list clearly the reasons why he or she disagrees with the amount due and paid. Every failure to notify the Company within this time period will be considered final and full settlement of the balance due.
6.8. The affiliate has the obligation and sole responsibility to pay any applicable taxes, charges and similar expenses to any relevant department, authority or competent entity in his or her territory for the commission he or she receives under this affiliate agreement.
TERMS AND CONDITIONS FOR THE AFFILIATE PROGRAM
7.1.1 In accordance with the CPA payment plan, every affiliate is entitled to a one-time payment for every new customer it refers. He receives this right when a new customer completes the registration process on the website, deposits the minimum amount to his or her wallet and meets the minimum wagering requirements for further activity.
7.1.2 For any players that are suspected to be fraudulent or believed to be bonus abusers, the affiliate will not receive the CPA reward as they will be disqualified. If you issue credit to a Customer, or a charge-back to be received against, the Customer shall be discounted for the purpose of the CPA Plan in accordance with the Affiliate Agreement.
7.1.3 Cashback casino doesn’t pay any form of compensation or reward for traffic. We also don’t issue payment for schemes where a customer is promised a certain amount of the CPA as a reward for becoming a customer.
7.1.4 Cashback Casino doesn’t pay and will not pay any form of commission or incentive for CPA customers sent through brand biding (as previously stated in Clause 2.8).
7.1.5 If a player is late converted he or she will qualify for payment after this agreement is terminated if deposited for the first time within 30 days of the date of termination. However, late converted players will not qualify in any case if the Affiliate agreement is terminated due to fraudulent activities by an affiliate or a breach in contract.
7.2 High-Roller Policy
7.2.1 If in one calendar month, any given customer generates a negative net revenue of 7000 euros or more, he or she will be considered, for the purpose of this clause, a high roller.
7.2.1 If the cumulative net revenue calculated for the affiliate, in such a month, for a brand is negative higher than or equivalent to 1000 euros, the high roller policy applies as stated below:
- a) The negative Net Revenue generated by any High-Roller will be taken offset and forward against any future Net Revenue generated by the same High-Roller;
- b) The negative balance that is supposed to be carried forward shall not be set off against other Customers’ Net Revenue;
- c) The negative balance that is supposed to be carried forward shall not be more than the total cumulative negative Net Revenue assigned for that Brand on the Affiliate account in question, for that calendar month.
- d) A High-Roller’s negative balance shall be decreased by future positive Net Revenue generated in the following calendar months.
- e) A negative balance will not be increased by future negative Net Revenue, unless the High-Roller meets the qualifying criteria in the calendar months to follow.
COMPANY’S CONFIDENTIAL INFORMATION
For the duration of the Affiliate agreement, an affiliate may be entrusted with the Company’s confidential information, at times, such as the company’s business, operations, technology and so on. He or she may also be entrusted with confidential information regarding the affiliate program.
The affiliate, by accepting these terms and conditions, agrees to not disclose any confidential information about the company to outside parties that are not related to this agreement, unless you’ve received written consent from the Company to do so. This agreement allows you to only use the Company’s confidential information for the purpose of this agreement and nothing else. Your responsibilities and obligations with regards to this clause will continue to apply even after the termination of this agreement.
Furthermore, the Company forbids you from issuing any form of public communication without prior written consent and without approval of the content that’s supposed to be published regarding your involvement in the Affiliate program.
TERMS AND TERMINATION OF THE AGREEMENT
9.1. Terms of the Affiliate Agreement
The terms and conditions of this affiliate agreement will become valid the moment an individual is approved as an Affiliate. The terms will continue to be valid until one of the parties notifies the other party, in writing, about his or her wish to terminate the agreement. If such a situation arises the agreement will be terminated in 30 days from the moment the written notice is given and received. For the purpose of termination, an email counts as written notice and will be accepted as such.
The company reserves the right to terminate the agreement upon immediate notice if an affiliate fails to comply with his or her obligations.
9.2. Affiliate Actions After Termination
If an affiliate agreement is terminated, the affiliate must, without any delay, remove all the banners, logos and other creative content from the affiliate website and deactivate all affiliate links to all the company websites.
This includes an immediate termination of all licenses and rights the Affiliate used to have under the affiliate agreement.
Furthermore, the affiliate will have to return immediately all confidential information and copies of confidential information in his or her possession.
9.3. Commission after Termination
Starting from the date of termination, all commission related to new customers directed while the agreement was still valid will not be payable to the affiliate.
The company doesn’t give any warranties in regards to the affiliate program. If there are disagreements between the reports in the affiliate account and our database, the place that will be considered accurate is the database. Moreover, the company doesn’t state that our websites and its operation are error free and will not be held liable for any consequences.
Even if the company fails to obligate strict performance of provisions in the affiliate agreement by any affiliate she still reserves the right to obligate these provisions afterwards.
10.3 Damages and Liability Limitation
You have the duty to make sure that the company, our representatives, directors and employees aren’t implicated or held accountable for any damages, liabilities, costs and losses that may be connected to the performance of your duties and responsibilities under this agreement, as well as a breach in the agreement made by you, negligence caused by you or the unauthorized use of links as part of the affiliate program.
The company will also not be held accountable for any loss of profit, revenue and data, any consequential damages or loss of reputation that could arise in connection with the affiliate program or this agreement. This will remain in force even if we have been made aware of the possibility of similar loss and damages.
10.4 Parties’ Relationship
Both the company and the affiliate are independent contractors. There will be no clause in the affiliate agreement that will form an employment relationship, joint venture, partnership, franchise or sales representative bond between the two. The affiliate will not have the right to accept or make offers, not to represent the company in any time. The affiliate shall also not give any statements that may go against the provisions in this agreement.
10.5 The Ability to Assign
An affiliate will not have the right to assign the affiliate agreement or any rights that come from it without prior written consent from the company.
10.6 Non-Performing Party
The company, just like the affiliate, will not be held accountable or responsible to the other party in the event of a time lag or failure to perform his or her duties that come from this affiliate agreement if the failure or time lag happens as a result of reasons beyond her or his control. These reasons include, but are not limited to, labor disputes, strikes, act of God, acts of terrorism, floods, industrial disturbances, lightning, earthquakes and so on.
In the case of such an event, the party that has failed to perform his or her duties will be excused from performing the duties prevented by this event. If the event in question prevents the party from performing his or her duties for more than 30 calendar days, each party has the right to terminate the affiliate agreement immediately by giving a formal written notice.
If any section of this agreement is found to be invalid, illegal or unenforceable for any reason, only this section will become ineffective and it will not negate the rest of the agreement.
10.8 Terms & Conditions’ Modification
We reserve the right to modify any of the terms and conditions in the Affiliate agreement at any given time. At our discretion, we may decide to replace or change sections of the agreement. But, we will give prior notice on the company’s website with a message of ‘new agreement’ or ‘change notice’. These changes and modifications may include changes in the scope of commission or changes in the rules of the affiliate program.
If any of these alterations are found to be unacceptable by the affiliate, he or she has the right to terminate the agreement. If you continue to use our affiliate program after the changes have been made effective, we will consider this to be your acceptance of the new changes.
10.9 Language of the Agreement
The English language is the primary language used in the preparation of this Affiliate agreement. If there’s any form of discrepancy between the English version and a version in any other language, the English language will be considered the relevant version.