1. Definitions and Interpretations
“Agreement” refers to these Terms and Conditions alongside the Application.
“Affiliate” or “you” indicates the individual or entity applying to join the Affiliate Program.
“Affiliate Program” is the collaboration between us and the Affiliate, wherein the Affiliate promotes the Websites to bring in new players.
“Affiliate Website(s)” represents the platform(s) (e.g., websites, apps, widgets, etc.) operated and maintained by the Affiliate to drive traffic to the Websites.
“Application” refers to the submission made by the Affiliate to participate in the Affiliate Program.
“Commission/Earnings” refers to the payments due to the Affiliate, calculated based on the number of New Customers and the revenue they generate, as specified in the applicable commission structure. Refer to the definition of “New Customer” below.
“Confidential Information” encompasses all sensitive data, including but not limited to financial, commercial, technical, and intellectual property, such as customer lists, trade secrets, business strategies, operational methods, and personal data.
“Websites” denotes the platforms and brands promoted under this Agreement, as explicitly communicated to the Affiliate in writing.
“High Roller” describes a customer eligible for Commission who generates a negative Net Revenue of at least €5,000 (five thousand Euros) or equivalent in other currencies in any given calendar month.
“Intellectual Property Rights” include copyrights, trademarks, service marks, domain names, trade names, software rights, database rights, and design rights, among others.
“Links” refers to hyperlinked content on the Affiliate Website(s) leading to the Websites.
“Net Revenue” means the total real-money wagers on the Websites from New Customers minus:
(a) payouts to players,
(b) bonus funds or loyalty rewards,
(c) admin charges,
(d) fraud-related expenses,
(e) chargebacks,
(f) returned bets,
(g) taxes or levies,
(h) jackpot contributions, and
(i) fees/commissions payable to third-party game providers or licensors.
“New Customer” means:
(i) A first-time user referred by the Affiliate from their Website(s) to the Websites who creates a new account, deposits funds, and is not already in the customer database. Affiliates themselves, employees, relatives, or friends are excluded.
(ii) For Commission Structures based on Cost-Per-Acquisition (CPA) or hybrid models, a New Customer must deposit at least the minimum amount specified within 60 days of registering, following the Websites’ terms. CPA or Revshare earnings for a New Customer may expire 60 days after creation unless otherwise agreed in writing.
“Party/Parties” refers to both the Affiliate and the entity managing the Affiliate Program.
2. Introduction
2.1 By submitting your application, you confirm that you have read, understood, and agree to comply with these Terms and Conditions.
2.2 You further commit to following all marketing rules and directives provided, which may be updated periodically. This includes, but is not limited to, marketing guidelines that detail mandatory terms specific to particular markets.
2.3 This Agreement becomes binding once your application is submitted. However, your participation in the Affiliate Program will only be confirmed upon formal approval of your application.
3. Qualifying Conditions – Affiliate Represents and Warrants That:
3.1 You have the necessary authority, capacity, licenses, permissions, and consents to enter into and fulfill your obligations under this Agreement.
3.2 You comply with all local and international laws governing the activities specified in this Agreement.
3.3 You fully understand and accept all terms outlined in this Agreement.
4. Program’s Rights and Responsibilities
4.1 Applications submitted by Affiliates will be evaluated, and the outcome will be communicated via email. The Program retains the right to approve, reject, or request additional information at its sole discretion.
4.2 Upon approval, Affiliates will be provided with a unique tracking code to direct traffic to the specified websites.
4.3 Responsibility for the operation and management of online gaming services offered on the affiliated websites lies solely with their respective owners and operators.
4.4 The Program will track Net Revenue generated by New Customers referred by the Affiliate and calculate commissions accordingly, granting regular access to commission reports and performance statistics.
4.5 Commission payments will be made in line with the terms specified in this Agreement.
4.6 The Program reserves the right to amend, suspend, or terminate the Affiliate Program or modify the terms of this Agreement at any time. Notice of significant changes will be provided via email or other communication methods, taking effect seven (7) days after notification. Affiliates who do not agree with the changes may terminate the Agreement within this period.
4.7 The Program reserves the sole right to decide whether potential New Customers will be accepted. It may also close New Customer accounts if required to comply with regulations, enforce policies, or protect the interests of the Program, customers, or third parties.
4.8 CPA rewards may be withheld or disqualified if a Customer’s account is flagged under any of the following statuses in the same calendar month as the reward:
- Self-Exclusion
- Suspected Fraud
- Customer Request
- Problematic Gambling
- Suspended Account
- Fraudulent Behavior (including multiple accounts, chargebacks, AML breaches, or bonus abuse).
4.9 In compliance with applicable data protection practices, the Program will collect and process personal information provided by Affiliates, including username, email, name, date of birth, country, address, phone number, and payment details. This data will be used for security purposes, compliance with legal obligations, and management of the business relationship. Affiliates will not have access to personal or corporate information unrelated to their affiliate activities.
5. Affiliate’s Responsibilities and Rights
5.1 The Affiliate affirms and agrees to the following obligations:
- To proactively and diligently market and promote the specified websites at its own expense, aiming to maximize mutual benefits for both Parties.
- To utilize only the links, promotional materials, advertisements, or marketing assets provided within the framework of the Affiliate Program unless explicit prior written approval is granted for other materials.
- To ensure that all activities are conducted in a lawful, professional manner and in strict compliance with the terms and conditions outlined in this Agreement.
- To fully adhere to all applicable laws and regulations, including but not limited to those governing data protection and privacy.
- To employ exclusively the tracking links and tools provided as part of the Affiliate Program.
- To maintain, improve, and develop the Affiliate Website(s) while conducting its business in a manner that positively represents the Program.
- To guarantee that marketing activities, including content on Affiliate Website(s), will not feature material that is defamatory, discriminatory, obscene, illegal, or otherwise inappropriate. This includes refraining from hosting or promoting sexually explicit, pornographic, or graphically violent content.
- To avoid targeting individuals under the legal gambling age and ensure that gambling promotions are not designed to appeal to children or young audiences.
- To refrain from targeting regions or jurisdictions where gambling or its promotion is either prohibited or requires licensing that the owners/operators of the websites do not possess. Updates regarding restricted regions will be provided as necessary.
- To prevent generating traffic to the specified websites through illicit or fraudulent activities, including but not limited to spamming or creating player accounts to deposit funds artificially. Neither the Affiliate nor their immediate family or friends may register as players or make deposits to qualify as New Customers. In this context, “immediate family” includes the Affiliate’s spouse, partner, parents, children, and siblings. Violation of this clause will be treated as fraud.
- To ensure that the Affiliate Website(s) are not presented in a way that could create confusion with the specified websites or give the impression that the Affiliate Website is wholly or partially associated with those websites or the Program.
5.2 Intellectual Property Use
The Affiliate is strictly prohibited from using “betmac.com,” any related terms, trademarks, or other Intellectual Property Rights of the Company or its operators unless prior written approval has been granted by the Company.
This includes the registration or use of domain names incorporating “Betmac,” “BetmacCasino,” “CasinoBetmac,” “BetmacBet,” “BetBetmac,” “BetmacOdds,” or variations and misspellings thereof. Affiliates are also prohibited from purchasing search traffic for phrases such as “Betmac,” “BetmacCasino,” “BetmacJP,” “Betmac casino jp,” “CasinoBetmac,” or similar combinations without the Company’s explicit consent.
5.3 Account Security
The Affiliate is responsible for maintaining the confidentiality and security of the login credentials provided by the Company. Any unauthorized access or misuse resulting from the Affiliate’s failure to safeguard their login details will be the sole responsibility of the Affiliate.
The Affiliate is fully liable for all activities conducted under their user ID and password. If the Affiliate suspects any unauthorized or illegal use of their credentials, they must immediately inform the Company.
5.4 Direct Marketing
The Affiliate acts as an independent data controller, solely accountable for their actions toward their customers and ensuring compliance with all applicable data privacy regulations. If the Affiliate wishes to send direct marketing communications (e.g., emails, SMS, push notifications) that (i) use HodlAffiliates’ Intellectual Property or (ii) promote HodlAffiliate Websites, prior written approval from the Company is mandatory. Once permission is granted, the Affiliate must ensure they have obtained explicit consent from each recipient and confirm that no recipients have opted out of receiving such communications. Marketing messages must include clear opt-out options for recipients.
All marketing communications must transparently identify the Affiliate as the sender to avoid any confusion with HodlAffiliates. Should the Affiliate engage third parties for such activities, they are fully responsible for ensuring compliance with this clause.
5.5 Valid Traffic and Fraud Prevention
The Affiliate shall not generate traffic to the HodlAffiliate Websites by directly or indirectly registering as a New Customer or using proxies such as friends, family, or associates. Such actions will be classified as fraudulent.
The Affiliate must operate in good faith and avoid benefiting from traffic generated through unethical practices, even if no direct harm is caused to the Company. If the Affiliate suspects that any New Customer is referred under this Agreement is involved in activities such as bonus abuse, fraud, money laundering, or similar misconduct, they must notify the Company immediately.
New Customers identified as engaging in bonus abuse, fraud, money laundering, or any activity deemed fraudulent by the Company will not qualify as valid referrals. Consequently, no commissions will be paid for such referrals. The Company reserves the right to offset future commissions to recover amounts previously paid that were later found to be generated fraudulently.
5.6 Fraudulent Activity and Account Action
If the Company determines that the Affiliate has referred traffic through fraudulent means or breached the terms of this Agreement, it reserves the right to freeze the Affiliate’s account and deduct any payments tied to such traffic.
6. Sub-Affiliate Terms and Conditions:
6.1 The following conditions apply to your participation in the Sub-Affiliate program. To introduce potential Sub-Affiliates, they must register via https://login.hodl.partners/signup.php and complete an Affiliate Application. We will evaluate each application and, at our sole discretion, approve or decline it.
6.2 Once a Sub-Affiliate is accepted into the program, they must agree to the terms outlined in this Affiliate Agreement.
6.3 Sub-Affiliates earn commissions from us based on the terms of the Affiliate Agreement. You will receive a commission based on the number of qualified first-time depositors generated by the Sub-Affiliates you refer (the “Sub-Affiliate Commission”). The amount payable to you depends on the Commission Structure agreed upon between the Sub-Affiliate and us, regardless of your own commission terms. Sub-Affiliate Commission details can be found at https://www.hodl.partners/commissions/.
6.4 Unless stated otherwise, the commission per qualified first depositor introduced by a referred Sub-Affiliate is €10.
6.5 Sub-Affiliate Commissions remain valid for 12 months from the date the referred Sub-Affiliate registers their account with hodl.partners. For instance, if you refer a Sub-Affiliate in January 2023 and they begin sending traffic in March 2023, the commission will automatically expire in January 2024. In this scenario, your final commission payment for that Sub-Affiliate would be for December 2023.
6.6 You are not entitled to commissions for Sub-Affiliates referred by the Sub-Affiliates you introduce.
6.7 The following actions are strictly prohibited:
(a) Registering yourself, an employee, or a relative as a Sub-Affiliate. If you are a legal entity, your directors, officers, employees, their relatives, or any affiliated entities within your corporate structure are also ineligible as Sub-Affiliates. No Sub-Affiliate Commission will be paid if:
- You are a legal entity, and the Sub-Affiliate is a director, officer, employee, or part of the same corporate group.
- You are an individual, and the Sub-Affiliate is your employee, agent, or relative.
(b) Providing financial or other incentives to encourage someone to become a Sub-Affiliate.
(c) Exploiting the Sub-Affiliate program in any way that undermines fair participation.
6.8 If we determine, at our sole discretion, that you have engaged in any prohibited actions, we reserve the right to suspend your Affiliate Account(s) and withhold any outstanding commissions, including Sub-Affiliate Commissions. In such cases, you will forfeit all future commission entitlements, and we will not be liable for any unpaid amounts.
7. Payment
7.1 The Company will compensate the Affiliate with a Commission as outlined below. This Commission is solely based on the number of New Customers and/or the revenue generated from them and is considered inclusive of VAT or any other applicable taxes. The Company reserves the right to modify payment methods at its discretion. For clarity, when calculating the Commission, New Customers referred by the Affiliate across all Websites will be grouped together.
7.2 The Commission earned by the Affiliate will be calculated at the end of each month, with payments processed within the first twenty (20) business days of the following calendar month. Payments will only be made once the total Commission reaches a minimum of €1,000. If the amount is below this threshold, it will be carried forward to subsequent months until it meets or exceeds €1,000, at which point the Company will process the payment. All payments will be made in Euros (€).
7.3 Commissions will be paid via the payment method selected by the Affiliate during registration. If an error occurs in the Commission calculation, the Company reserves the right to correct it at any time. Any underpayments will be settled immediately, while overpayments will be deducted from future Commission payments.
7.4 If an Affiliate’s earnings are negatively impacted by a High Roller in any given month, the Company reserves the right to carry forward the negative balance and deduct it from future Commission payments related to the same High Roller until the balance is cleared.
7.4.1 To prevent artificially inflated affiliate revenues, the Company may implement an automatic quarantine system for high rollers. If an Affiliate’s total negative NGR reaches €5,000 in a calendar month, any individual player contributing significantly to this negative balance (€3,000 or more) may be placed under quarantine.
During the quarantine period:
- The quarantined player will be excluded from Commission calculations.
- No Commission will be earned from this player’s revenue until their cumulative NGR returns to zero or positive.
- The quarantine remains in effect until the negative balance is fully recovered through the player’s future gameplay.
7.5 The Company reserves the right to mark any player who initiates a chargeback as “suspended,” removing them from the Affiliate’s account. Additionally, if a player issues a chargeback within the same month as their first deposit, no Commission will be paid for that player.
7.6 If the Affiliate disputes the reported Commission balance, they must notify the Company within fifteen (15) business days, providing a detailed explanation for the dispute via email at info@hodl.partners.com. Failure to do so within this timeframe will be considered an irreversible acceptance of the reported balance.
7.7 By accepting the Commission payment, the Affiliate acknowledges it as the full and final settlement for the specified period.
7.8 At its sole discretion, the Company may withhold any outstanding balance for up to one hundred and eighty (180) days if further verification is required to ensure all transactions comply with the Agreement.
7.9 If an Affiliate does not generate traffic for six (6) consecutive months, the Company reserves the right to suspend Commission payments until activity resumes. To keep the account active, the Affiliate must generate at least 30 first-time depositors within six months.
7.10 Listing fees are determined based on specific placement agreements. If the agreed-upon placements are not maintained, the Company may withhold Commission payments.
7.11 Any Commission earned through fraudulent or otherwise invalid transactions must be returned by the Affiliate. The Company reserves the right to deduct such amounts from future Commission payments until the full sum has been recovered.
7.12 The Affiliate is solely responsible for paying any applicable social security contributions, taxes, levies, fees, or other charges required by local or international tax authorities. Under no circumstances will the Company be held liable for unpaid taxes, and any costs incurred by the Company due to the Affiliate’s non-compliance must be reimbursed by the Affiliate.
8. Use of Marketing Material
8.1 License for Marketing Material
The Affiliate is granted a limited, non-exclusive, and non-transferable license to use marketing materials provided under this Agreement. This license is subject to revocation at any time and does not permit sublicensing or transferring usage rights.
8.2 Modification Restrictions
Marketing materials provided under this Agreement must not be altered without prior written approval from the Company.
8.3 Display of Links
Links must be displayed prominently on Affiliate Websites in line with the terms agreed upon.
8.4 Monitoring Compliance
The Company reserves the right to monitor Affiliate Websites for compliance with this Agreement. The Affiliate must provide any reasonable data required for monitoring purposes.
8.5 Avoiding Misrepresentation
The Affiliate must ensure that no actions or representations create confusion regarding the relationship between the Company, the Affiliate, or any associated platforms.
9. Termination
9.1 Termination by Notice
Either party may terminate this Agreement by providing 30 days’ written notice via email. The Company reserves the right to terminate immediately if the Affiliate breaches this Agreement or if the Company ceases to offer services under this program.
9.2 Termination for Breach
The Company may terminate this Agreement immediately in the event of a breach of its terms by the Affiliate.
9.3 Immediate Termination Rights
The Company may terminate the Agreement with immediate effect in cases of:
- Suspicious activity indicating New Customers are being incentivized to recover losses or other fraudulent behavior. Earnings from related activities will be withheld.
- Bankruptcy, insolvency, liquidation, or cessation of business operations by the Affiliate.
9.4 Post-Termination Obligations
Upon termination:
- All rights and licenses granted under this Agreement will immediately end.
- The Affiliate must remove all promotional materials and cease all activities related to the program.
9.5 Earned Commissions
If termination is not due to a breach by the Affiliate, any unpaid commissions earned before the termination date will be paid.
9.6 No Reimbursement
The Affiliate will not be reimbursed for any costs incurred before or after termination of this Agreement.
9.7 Breach-Related Penalties
If the Agreement is terminated due to breach by the Affiliate, the Company may withhold unpaid commissions as collateral for potential claims.
9.8 Return of Materials
Upon termination, the Affiliate must return all confidential information and promotional materials provided under this Agreement.
9.9 Survival of Liability
Termination does not absolve the Affiliate of liability for breaches that occurred before the termination date.
9.10 Surviving Clauses
Clauses intended to survive termination, including but not limited to Clauses 9 and 10, will remain in effect.
10. Confidentiality
10.1 Confidential information must remain strictly confidential during the term of this Agreement and for five (5) years following termination. It may only be used for purposes directly related to fulfilling this Agreement.
10.2 All confidential information disclosed by the Company under this Agreement remains the sole property of the Company.
11. Intellectual Property
11.1 This Agreement does not transfer or assign any intellectual property rights between the parties. Rights are limited to the specific license granted under this Agreement.
11.2 All intellectual property rights, including those associated with links, marketing materials, products, systems, and software, remain the exclusive property of their respective owners.
11.3 The Affiliate shall take all reasonable measures to protect the intellectual property rights of the Company and its associated platforms. Unauthorized use, such as registering similar trademarks or domains, is prohibited.
11.4 Any misuse or infringement of intellectual property rights must be reported to the Company immediately. Assistance with enforcement of these rights will be at the Affiliate’s own expense.
11.5 The Affiliate may not combine the Company’s intellectual property with third-party content without prior authorization. Unauthorized usage of logos or materials is strictly prohibited.
12. Indemnity and Limitation of Liability
12.1 The Affiliate agrees to indemnify the Company against any losses, claims, damages, or expenses arising from a breach of this Agreement.
12.2 The Company is not liable for indirect losses, including business interruptions or data loss, even if arising from the Affiliate Program’s operation or suspension.
12.3 The Company does not guarantee uninterrupted availability of services or platforms associated with this program.
13. Relationship of the Parties
13.1 This Agreement does not create a partnership, joint venture, or employment relationship. Neither party may act on behalf of or bind the other.
14. Disputes and Governing Law
14.1 This Agreement is governed by the applicable laws of the jurisdiction where our company is incorporated.
14.2 Disputes arising under this Agreement shall be resolved exclusively in the courts of the jurisdiction where our company is incorporated.
14.3 All information shared during dispute resolution, including arbitration, shall remain strictly confidential.
15. Miscellaneous
15.1 Notices to the Company must be sent via email. Emails received outside business hours will be deemed received on the next business day.
15.2 The Company will send notices to the email address provided by the Affiliate during registration.
15.3 Both parties will cooperate to ensure the success of the Affiliate Program.
15.4 The Affiliate may not assign rights under this Agreement without prior consent.
15.5 Compliance with all applicable laws and regulations is mandatory, even if not explicitly mentioned.
15.6 Neither party is liable for delays caused by events beyond their control. If such events exceed 30 days, either party may terminate the Agreement with immediate effect.
16. PRIVACY POLICY
16.1 Introduction
16.1.1 The Company (“Hodl.Partners”) reserves the right to collect, process, and store personal data from all users of its website (“Website”), including its subpages, and from affiliates participating in the affiliate program.
16.1.2 The Company, as the data controller, shall ensure compliance with applicable data protection laws while maintaining the integrity and security of collected personal data.
16.1.3 By using the Website or applying to become an affiliate, the user (“Affiliate”) acknowledges and agrees to the terms set forth in this Privacy Policy.
16.2 Data collected
Source | Information Collected | Purpose | Duration of Retention |
---|
Hodl.Partners during website use | Pseudonymized data related to your website interactions | Enhancing website performance and user experience | Retained as long as necessary for the stated purposes (see “Cookies” section) |
Hodl.Partners when engaging with content | Details provided through forms on the Website (e.g., affiliate sign-ups, event confirmations, newsletter subscriptions) | Managing interactions and communication with you | Retained as long as necessary for the stated purposes. For email subscriptions, until you opt-out. |
Correspondence from you | Copies of emails and messages exchanged with you | Responding to inquiries and maintaining communication | Retained as necessary to manage our relationship, depending on the type of communication |
Affiliate registration information | Username, email, full name, date of birth, country, address, phone number, and financial details | Ensuring account security, complying with AML regulations, and managing affiliate relationship | Retained as long as needed to fulfill business and legal requirements |
16.3 Lawful Basis for Processing
16.3.1 The Company processes personal data based on the following lawful grounds:
- Performance of contractual obligations between the Affiliate and the Company.
- Compliance with applicable legal and regulatory requirements.
- Legitimate interests in maintaining and improving business operations.
- Consent provided by the Affiliate when interacting with the Website and submitting data.
16.4 Data Sharing
16.4.1 The Company reserves the right to share collected data with:
- Third-party service providers engaged to support the Website’s functionality and communication services.
- Regulatory authorities when legally required.
- Business partners in cases of mergers, acquisitions, or corporate restructuring.
- Other entities within the Hodl.Partners group for operational purposes.
16.4.2 The Company shall ensure that any data sharing is conducted securely and in compliance with data protection regulations.
16.5 Cookies
16.5.1 The Website utilizes cookies to enhance user experience and collect anonymous analytics data.
16.5.2 The Company may use different types of cookies, including:
- Strictly Necessary Cookies for website functionality.
- Performance Cookies to analyze usage trends.
- Targeting Cookies for advertising purposes.
- Functionality Cookies to store user preferences.
16.5.3 Users may manage cookie preferences through their browser settings.
16.6 Data Transfers
16.6.1 The Company reserves the right to transfer personal data to servers located outside the European Economic Area (EEA) if required for business operations.
16.6.2 The Company shall take all necessary steps to ensure that any such transfers comply with applicable data protection laws and provide an adequate level of security.
16.7 Data Protection and Security
16.7.1 The Company implements appropriate technical and organizational measures to safeguard personal data against unauthorized access, modification, disclosure, or destruction.
16.7.2 While reasonable security measures are in place, the Company cannot guarantee absolute security due to the inherent risks associated with internet-based data transmission.
16.8 Affiliate Rights
16.8.1 Affiliates have the right to:
- Request access to personal data held by the Company.
- Request corrections, deletions, or modifications to their personal data.
- Object to data processing for direct marketing purposes.
- Request restrictions on data processing where legally applicable.
16.8.2 Requests related to personal data rights shall be submitted in writing to the Company’s designated contact address, along with proof of identity for verification purposes.
16.9 Amendments to the Privacy Policy
16.9.1 The Company reserves the right to modify or update this Privacy Policy at any time without prior notice.
16.9.2 Continued use of the Website or participation in the affiliate program following such amendments constitutes acceptance of the revised policy.
CONTACT
If you have any questions, complaints or comments about this document or our use of Personal Data contact us by email at info@hodl.partners.com