Terms & Conditions
These Terms and Conditions are valid from
October 25, 2012.
This Affiliate Agreement (“Agreement”)
contains the complete Terms and Conditions between Affiliate (“the
Affiliate”) and and NorskeSpill (hereafter “NS”) for norskespill.com (the brands); together (“the parties”).
1.1. In completing the Affiliate Sign-up Form,
and, subsequently marketing and referring new Members to brands of NS,
affiliate agrees to be bound by all the Terms and Conditions set out in this
1.2. To be able to complete the registration
affiliate must have a Player Account with the brand(s).
1.3. The Affiliate must provide true and
complete information to us at all times; including but not limited to,
Affiliate’s contact information, payment instructions, nationality, residency,
location and nature of Affiliate’s marketing activities, and any other
information that NS may request.
1.4. On Affiliate’s acceptance of this
Agreement by completing the Sign-up Form, NS will automatically become your
counter-party to this Agreement.
2. Marketing Code and Rules
2.1. Any marketing activities done by
Affiliate for NS must be in accordance with this document and you acknowledge NS’s
right to terminate, change, modify and /or withdraw any type of marketing
activity if in NS’s reasonable opinion the marketing activity does not comply
with the Code, any applicable law and/or the Terms and Conditions. If the
situation is not rectified to NS’s reasonable satisfaction within the given
time period, NS shall be entitled to terminate this Agreement without further
2.2. The Code shall not be seen or understood
as an exhaustive set of rules; Affiliate is obliged to market the brand(s) in
the light of any other set of rules, applicable laws and instructions
applicable to the specific marketing situation.
2.3. Affiliate shall not publish, advertise
and/or promote in any manner whatsoever, through any channel, medium and/or
- encourages anyone to contravene any law; or - targets
individuals under the legal gambling age; or
- shows individual under the
legal gambling age participating at gambling activities; or
- promote false or
untruthful chances of winning or the expected return to a individual; or
suggest that skill can influence games that are purely games of chance; or
promotes smoking and/or the abuse of the consumption of alcohol while gambling;
- promotes gambling as a matter related to social acceptance, personal or
financial success or the resolution of any economic, social or personal
- contains endorsements by well-known personalities or
celebrities that suggest gambling contributes to their success; or
the limits of decency; or
- encourage individuals to chase their losses or
re-invest their winnings.
2.4. Affiliate shall when publishing
intellectual property such as trademarks, marks, texts, content and logos
and/or pictures or photographs reproducing or visualizing intellectual property
or individuals in any manner whatsoever, through any medium and in any place
secure and assure that you have obtained the permission to use such material
from the owner of the intellectual property or the individual.
2.5. If Affiliate organizes events and/or
participates as sponsor and/or similar other events organized by third parties,
Affiliate shall secure and assure that the event/s is/are in compliance with
all relevant applicable laws and that all the necessary applicable permissions
if any such is required for the event, are in the possession of the Affiliate and/or
third party organizer.
2.6. Affiliate shall not provide or offer
credits to a Member in any way.
2.7. Affiliate has no right or authority to
assume or to create any contractual obligation or responsibility for and on
behalf of NS.
2.8. Affiliate shall consult with NS before
the launch of any marketing activity if in any doubt about how the marketing
activity acts in accordance with to the Code.
2.9. Affiliate may market to and refer
potential Members to the brand(s) at Affiliate’s own expense. Affiliate will be
solely responsible for the costs arising from the preparation of content and
Affiliate’s marketing activities.
2.10. Affiliate is only allowed to advertise
the brand(s) through approved marketing activities. The use of spam e-mails or
advertising on adult web sites as well as trying to recruit Members through any
chat at the brand(s) or other websites within the range of software providers
used by the brand(s). If NS finds that Affiliate has participated in such
activities, NS reserves the right to close Affiliate’s account immediately and
withhold all earnings and remaining funds on account(s).
2.11. In the event that Affiliate desires to
offer certain incentives to potential new Members, beside the bonuses linked to
Affiliate’s sign-up codes, Affiliate is required to request a written approval
from NS prior offering such incentives. In the event that Affiliate does not
receive such approval and offer such incentives, NS reserves the right to
cancel Affiliate’s participation in the program, and withhold all earnings and
remaining funds on account(s).
3. Affiliate Commission
3.1. The Affiliate is paid a commission
according to the Net Revenue Percentage Plan:
0 - €5,000
€5,001 - €25,000
€25,001 - €50,000
3.2. Net Revenue will be calculated as Gross
Revenue less winnings and following costs:
Sponsorship (if available)
• Charge backs (Credit Card fraud)
The Administration Fees include the following: Gaming license fees,
Gaming taxes, Network Commissions, Transaction costs, extra brand-specific
non-network promotions and other agreed marketing costs.
This commission plan
affects all new affiliate registrations if nothing else has been agreed upon.
3.3. In order to earn Affiliate Commission you
must have at least five players that have been active during the month and the
players must have generated at least €50 in commission.
3.4. If the Monthly Gross Revenue is negative
the balance will be carried forward to the next month.
4.1. All New Members that use an Affiliate
unique tracking code will automatically be tagged to the Affiliate.
4.2. A "New Member" is defined as a
new user without a prior account with the brand(s) and no previous record of
their email address, or other details that NS deem to show connection between
accounts, that opens a new user account. If the beneficial owners of Affiliate
or their relatives become New Members, Affiliate will not be eligible to
receive the relevant commission. NS’s measurements and calculations in relation
to the number of New Members and the relevant Revenue figures shall be the sole
and authoritative tool, and shall not be open to review or appeal.
4.3. NS will track and report Member activity
for purposes of calculating Affiliate’s Affiliate commission. Affiliate will be
provided a web interface allowing Affiliate to follow Members activity.
Normally all the data will be updated at least every day.
4.4. Members who are passive for more than 6
consecutive months can be removed from Affiliate’s trackers. All the members
who are not generating at least €1 revenue from the products offered at NorskeSpill.com
during a calendar month are considered being passive in that month.
5.1. All commissions are paid on a monthly
basis to the Affiliate’s Player Account, no later than 20 days after the end of
each calendar month. NS reserves the right to freeze payouts if investigations
regarding fraud or abuse needs to be conducted before the commission can be
determined. From the Player Account withdrawals can be requested by different
5.2. If paid Charge Backs exceed the Gross
Revenue, the Net Losses will be carried forward to the next month.
5.3. If the Affiliate disagrees with the
monthly settlement report or amount payable, no payment for such amount should
be accepted and a written notice of the disputed amount should immediately be
sent to NS. Dispute notices must be received within sixty (60) days of the end
of each period for which payment is made, or the Affiliate’s right to dispute
such report or payment will be deemed waived.
5.4. The Affiliate bears the sole
responsibility to report revenues and pay taxes (if applicable) to local
authorities. NS takes no responsibility whatsoever toward local authorities.
6. Term and Termination
6.1. This Agreement will take effect when
Affiliate completes the Affiliate Sign-up Form, and will continue until
terminated by either Party.
6.2. This Agreement is not limited in time and
is extended for as long as both Parties fulfill their obligations and neither
of the Parties has terminated the Agreement.
6.3. Either Party may terminate this Agreement
at any time, with or without cause, by giving the other Party notice of
termination. Such notice shall be may made in writing and can be sent via fax
6.4.This Agreement can be terminated by NS
without any notice if Affiliate ceases promoting NS’s services.
6.5. If this Agreement is terminated Affiliate
should immediately remove all links, marks and logos, etc., from Affiliate’s
6.6. If the Agreement is terminated by NS
without any reasons regulated in 6.7-6.10 NS will continue to pay commission
for 6 months after the termination for all earnings generated by existing
Members who signed up before the effective date of termination.
6.7. If the Affiliate terminates this
Agreement NS will pay all commissions due at time of termination, but NS shall
have no obligation to make any further payments of commissions to Affiliate.
6.8. If the Affiliate’s Members fail to
generate at least €50 in commissions for three (3) consecutive months NS may
terminate this Agreement and shall have no obligation to make any further
payments of commissions to Affiliate. The same applies if the Agreement is
already terminated but commissions still paid according to 6.6.
6.9. Notwithstanding anything to the contrary
contained herein, in the event NS determine, in its reasonable discretion, that
the Affiliate has materially violated this Agreement, NS may in its sole
discretion terminate this Agreement and confiscate all the Affiliate’s
commissions and remaining funds on Affiliate’s account(s).
6.10 If the Affiliate does not login
into affiliate account in the brand(s)/affiliates and/or affiliate player
account in the brand(s) cashier for 6 (six) consecutive months, NS may in its
sole discretion terminate this Agreement and shall have no obligation to make
any further payments of commissions to Affiliate.
7. Rights and Obligations
7.1. Members tagged to the Affiliate will
remain tagged to the Affiliate as long as this Agreement is valid unless
otherwise agreed between the Parties. If the ownership of the brand(s) changes,
the obligations under this Agreement shall be honored by the new owners.
7.2. NS reserves the right to transfer its
rights and obligations according to this Agreement to another party, after
notice to the Affiliate. Such notice will be considered given after the Terms
and Conditions for Affiliates have been updated on NS or written notice given
to the Affiliate.
7.3.This Agreement and the rights and
obligations hereunder may not be assigned by you without NS’s written consent.
7.4 All information, including but not limited
to e-mail addresses, customer personal details, business and financial data and
information, lists of customers shall be treated confidentially. These details
must not be used for the Affiliate's own commercial or other purposes, nor
communicated to any third party for any reason.
8.1. We do not guarantee that our system,
network, software or hardware will be error free or operated without
8.2. NS’s obligations under this Agreement do
not constitute personal obligations of the directors, officers, employees or
shareholders of NS or any related company or partner. Any liability arising
under this Agreement will be satisfied solely from the revenues generated
hereunder. NS’s liability is limited to direct damages, and in no event will we
be liable for any indirect, special, incidental, consequential or punitive
loss, injury or damage of any kind.
8.3. You acknowledge that you have read this
Agreement and agree to all its terms and conditions.
9.1. NS reserves the right to modify any of
the terms of this Agreement at any time, in our sole discretion, by either
E-mailing you a change notice or by posting the new version of the Agreement on
norskespill.com. It is your responsibility to visit the website(s) frequently
to make sure you are up to date with the latest version of the Agreement and
its provisions. If any modification is unacceptable to you, your only recourse
is to terminate this Agreement. Your continued participation in the Affiliate
Program following posting or notice of change will be deemed binding acceptance
of the modification.
9.2. All notices pertaining to this Agreement
shall be given to NS in written or by email. Notices to the Affiliate will be
sent to you at the email address provided in your Player Account and/or
9.3. The validity of this Agreement, its
construction, interpretation, and enforcement, and the rights of the Parties
hereto will be determined in accordance with the laws of Malta.
BY SUBMITTING THE SIGN-UP FORM
YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.