Terms and Conditions for other merchants on Excel Affiliates

Before you can proceed with registration, please read and accept the terms and conditions below, please read and print for future reference.

If you wish to participate in FRUITY KING and CONQUER CASINO Affiliate program, indicate your agreement to do so by clicking the “I Agree” button below. Additionally, by accessing and utilizing any of EXCEL AFFILIATES’ Marketing Tools or accepting of any reward, bonus or commission whether contained in this agreement or else where on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement. For purposes of clarity, the terms “we” and “us” refer to EXCEL AFFILIATES and “you” and “Member” refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The term “Merchant” is defined as any company that has contracted EXCEL AFFILIATES to promote their Site(s) and/or products. The contract provides you with the non-exclusive right to direct users (“Visitors”) from your site or sites to the Merchant’s websites, in return for the payment of commissions and referral bonuses as specified below.

ENROLLMENT

To enroll please read this Agreement and then submit a complete EXCEL AFFILIATES Member Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

MEMBER AGREEMENT

During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by EXCEL AFFILIATES on your site (the “Member site”) as a hyperlink to direct Visitors from the Member Site to the Merchant’s Sites, using distinct URLs supplied by EXCEL AFFILIATES exclusively for linking (the “Supplied Banners”).

The Merchant’s banners and/or text links shall be displayed on the Member site. Members can also provide descriptive information regard the Merchant Sits(s) on its websites(s). If the content on the member site is found to be inaccurate or outdated, then we may notify you of any changes to your Site(s) that we feel should be made. The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Member shall be entitled to display the banners of, and provide links to, sites of other companies through the Member site, and EXCEL AFFILIATES shall be entitled to make the Merchant’s banners available through online and other services than the Member site.

DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL

As a Member, you will have access through EXCEL AFFILIATES’ site to a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individual, as a “Link”.) EXCEL AFFILIATES and the Merchant hereby grants to the Member the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly): EXCEL AFFILIATES’ and the Merchant’s banners, name, site name, and other related textual and graphic material are made available by EXCEL AFFILIATES and/or the Merchant to the Member for the express purpose of inclusion on the Member’s site from time to time (collectively, the “Merchant’s Material”) and for the specific purposes authorized above. EXCEL AFFILIATES and the Merchant authorize the Member to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Member. EXCEL AFFILIATES and the Merchant also authorizes the Member to refer, in the Member’s advertising and promotions, to the fact that the EXCEL AFFILIATES and Merchant’s sites are accessible through the Member site, provided that any such statement:

(a)does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of EXCEL AFFILIATES or the Merchant other than EXCEL AFFILIATES or the Merchant’s Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of EXCEL AFFILIATES’ or the Merchant’s mark);

(b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Merchant sponsors, authorizes, and/or is the source or origin of the Member site; and

(c) does not disparage EXCEL AFFILIATES or the Merchant, its products, services, or members. All use of the EXCEL AFFILIATES or Merchant’s Materials hereunder shall inure to the benefit of the Merchant and shall not create any rights, title or interest in them for the Member. No other use of the EXCEL AFFILIATES or Merchant’s names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Member for any purpose without the prior written approval of EXCEL AFFILIATES or the Merchant. As between the Merchant and the Member, the Merchant owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Merchant’s Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.

You are not allowed to market our brands on any copyright infringing websites providing unauthorised access to copyrighted content. You are obligated to ensure that none of our brands are advertised on any of the websites/pages included in the The Infringing Website List (IWL). The list will be updated 1st of each month and as such you are expected to download the list at least once a month to ensure they have the most up to date domain list.

See IWL list here

To ensure we all comply with relevant legislation and guidance, we require all our partners to comply with the restrictions and to add the attached Negative Keywords list to your Adword Campaigns. Please note that this applies to all regions. You must ensure that none of Excel Affiliates's/ Galaxy Affiliate;s brands appear against any of these search terms

See the Negative Keywords List

MANDATORY INSTRUCTIONS FOR ALL ADS TARGETING UK CUSTOMERS

• All the Marketing communications must state all significant limitations and terms and conditions.
• Online ads must direct customers to an additional link where all the terms and conditions of the promotion are stated, which must be no further than one click away from the advertisement itself in cases where there is space and time limitation.
• When anything stated as “Bonus” or “Free” is advertised (i.e. Free spins, free play etc.), the main terms and conditions and the commitments that requirements for the customers to take advantage of such an offer must be stated in the advertisement itself.
• No advertising or other marketing information must appear on any primary web page/ screen, or micro-site providing advice or information on responsible gambling.
• Any source towards Email Campaigns, must have these subscribers that have double opted in and any form of the marketing material must be inclusive of an Unsubscribe link.
• Displayed advertisement must have a warning sign of 18+ symbolising to target that the advertisement is targeted for customers above the age limit only.
• Affiliate must not engage in SMS Marketing, Advertorial style marketing or Pop Unders.

In accordance with section 330 of the Gambling Act of 2005, it is unlawful to advertise gambling on websites which do not carry the correct permits/license to offer such gambling. In order to uphold the objectives of the Gambling Act of 2005, we have a zero-tolerance stance to working with any affiliate who undertakes such activity and if we discover such this agreement will be terminated and no monies owed will be paid and we will consider to report you to the relevant authorities.  For the avoidance of doubt, this means that our Brand cannot be on a website which promotes non-UK licensed brands to UK players or UK Licensed Brands that clearly advertise a service/product in breach of the Licence Conditions and Codes of Practice of the UKGC (LCCP)

Promote means that a merchant’s brand:

1. Is on a website/affiliate site which has a. co.uk domain or the domain name includes a UK reference (e.g., ukcasinolist.com) which has brands which are not licensed by the UK Gambling Commission.
2. Merchant’s brand is on a website/affiliate site with brands not licensed by the UK Gambling commission yet are trying to attract UK players by having offers in GBP, or offers that can be deemed as attracting UK customers, e.g., using UK flag, refer to the UK National self-exclusion register GAMSTOP, promotions with content relevant to the country UK, or suggest in any way that the Brand with no UK Gambling Commission license is available for UK players and/or has a UK License.
3. The site contains sections specifically referring to UK player (i.e. best UK/non-UK casinos)

Service/product in breach of the LCCP means:

1. References about casinos not offering the UK National self-exclusion register GAMSTOP or tips on how to cancel or avoid a GAMSTOP registration ;
2. References about casinos not requiring registration/verification/account or no KYC information/documents (anonymous casinos);
3. References about casinos allowing reversing withdrawals;
4. References about tips on how to cheat or defraud casino systems or games;
5. Any other reference not inline and/or in breach of the LCCPs

All of the above example should be seen as non-exhaustive. If you are ever in doubt please contact your account manager for compliance approval before moving forward with contracting with such an affiliate.

Furthermore, in cases of affiliates advertising both UK and non-UK licensed brands we strongly advise to ensure that non-UK licensed brands bear a warning/note that the said brand/casino is not available to UK players.

MAINTAINING THE LINKS

You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the EXCEL AFFILIATES Site or the Merchant’s Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the EXCEL AFFILIATES Site or the Merchant’s Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made. You are not permitted to mask the destination URL information or use any other technique that may mask or hide the EXCEL AFFILIATES or the Merchant site URLs

SMS MARKETING

You are not permitted to promote your own copy for SMS marketing that has not been signed off by EXCEL AFFILIATES. You are responsible for the contents of your text messages and the consequences thereof. You agree not to use Mobile SMS Marketing to send any text messages without prior EXCEL AFFILIATES written permission. You agree not to use Mobile SMS Marketing to send any text messages that are not based in customer opt-in or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order. EXCEL AFFILIATES reserves the right to terminate your account without prior notice if EXCEL AFFILIATES becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

COMMUNICATION TO MEMBERS

By signing up to EXCEL AFFILIATES you agree to receive a variety of material from MEDIACLE and its partners. If you choose to opt out of our communications EXCEL AFFILIATES and its Merchants will not be responsible for any damages that may occur from members opting out of communications

GOOD FAITH

You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes EXCEL AFFILIATES or the Merchant harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Merchant’s site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge

COMMISSION AND REFERRAL COMMISSION

You shall be entitled to a commission as outlined below:

First 3 months: 50% of Net Gaming Revenue

After 3 months, the following tiers will apply:

up to £ 5000.00, Earn 35 %

Between £ 5000.01 –>£ 15000.00, Earn 40 %

Between £ 15000.01 –>£ 999999.00, Earn 50 % Revenue

The above commission groups are subject to change at the discretion of the merchants. In case of any change, a prior notice would be given to the Members (affiliates).

The Net Gaming Revenue is calculated as below: Net Gaming Revenue: Cash bet – Cash won – jackpot contributions – bonus – processing fees – any royalties – ID checking fees – admin costs – operating costs

Commission payments are made by the 25th of every month for previous month’s commission. Please note that commission payments are subject to minimum payment threshold depending on the method of payment chosen by you. The minimum thresholds for commission payment are as below:

Neteller: £20

UK same day Bank Transfer: £200

Electronic transfer: £500

PayPal: £200

In case, the Member (affiliate) does not reach the minimum threshold as required by the method of payment chosen by the Member in any particular month, the commission amount will then be rolled over to the following month until the minimum threshold is reached.

MEMBER REWARD PROGRAMS

To participate, you must be an active Member in good standing with EXCEL AFFILIATES. Members participating in any reward program agree to be bound by the decisions of EXCEL AFFILIATES, which will be final and binding in all respects. All interpretations of the Rules and decisions by EXCEL AFFILIATES are final. EXCEL AFFILIATES reserves the right to terminate any and all Member Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond EXCEL AFFILIATES’ control. EXCEL AFFILIATES reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the Member.

All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prize-winner. Acceptance of a prize constitutes permission for EXCEL AFFILIATES and its advertising and promotional agencies to use the recipient’s name, photograph and/or likeness for advertising and promoting and publicizing the services of EXCEL AFFILIATES in any medium without compensation, unless otherwise prohibited by law.

Members release and hold harmless EXCEL AFFILIATES and their Merchants and their respective members, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to Member’s or any other person’s computer.

CONFIDENTIAL INFORMATION

As used herein, “Confidential Information” shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:

(a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or

(b) may receive hereunder from the other. Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:

(i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;

(ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and

(iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.

The foregoing restrictions shall not apply to information that:

(a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;

(b) the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;

(c) is received from a third party without restriction and without breach of this Agreement;

LIABILITY

The Member acknowledges that EXCEL AFFILIATES does not advocate or endorse the purchase or the use of any services offered by the Merchant through the Merchant’s sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Merchant represents and warrants that:

(a) The Merchant has the right to enter into this Agreement and to grant the rights and licenses granted herein; and

(b) The Merchant’s software, and the reproduction, distribution, transmission, public performance and public display of the Merchant’s Material in connection with the Member site, do not:

(i) invade the right of privacy or publicity of any third person; or

(ii) contain any libellous, obscene, indecent or otherwise unlawful material.

The Member represents and warrants that:

1. the Member has the right to enter into this Agreement;
2. the Member site does not, and the reproduction, distribution, transmission, public performance and public display of the Member Materials as permitted herein, do not:

(i) invade the right of privacy or publicity of any third person,

(ii) contain any libellous, obscene, indecent or otherwise unlawful material, or

(iii) infringe any patent, copyright or trademark right in any jurisdiction; and

1. the Member has received no notice of such invasion, violation or infringement of rights

TERM AND TERMINATION

The term of this Agreement will begin when you download a banner and link it to our site or the Merchant’s Site(s) and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Upon termination:

* You must remove the EXCEL AFFILIATES or Merchant’s banner/s from your site and disable any links from your site to ours and theirs.

* All rights and licenses given to you in this Agreement shall immediately terminate.

* You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.

* If you have failed to fulfil your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.

* We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

* If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

* You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of our Merchants.

* You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE

EXCEL AFFILIATES may choose to cancel an affiliate’s participation in the program, at its absolute discretion, if the affiliate is in breach of this contract or if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program. If the affiliate ceases to be a member of the affiliate network, Excel Affiliates reserves the right to terminate this agreement.

Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

For the avoidance of doubt, termination of the agreement will cease any commission payment that may be earned by the Member from net gaming revenue generated post the termination of the agreement.

RISK ALLOCATION

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind — including lost revenue or profits, loss of business, or loss of data — arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

ACKNOWLEDGEMENT OF NO WARRANTY

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

ASSIGNMENT

Except as otherwise provided herein, neither EXCEL AFFILIATES nor the Member may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

GOVERNING LAW

This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of United Kingdom.

SINGLE ACCOUNT

The Member agrees to operate a single Member site with the Merchant’s Site(s). If EXCEL AFFILIATES should discover, using information it deems appropriate in the circumstances, that the Member is operating more than one Member account, this Agreement shall terminate and the Member will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the EXCEL AFFILIATES Members Program, MUST be reported by the Member and cleared by the EXCEL AFFILIATES Support Team beforehand, and failure to do so may result in the termination of the Member’s account. The Member will also forfeit all rights to commissions and referral bonuses.

INDEPENDENT CONTRACTORS

EXCEL AFFILIATES and the Member are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between EXCEL AFFILIATES and the Member. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.

DISCLAIMER

It is the Member’s responsibility to declare taxes from their Member’s profits, according to their country’s regulations. It is the merchant’s responsibility to pay its members and EXCEL AFFILIATES will not be held responsible for the actions of its merchants in regards to the payment of its members.

EXCEL AFFILIATES is also not responsible for the way cookies are tracked on the Merchants site or on the member’s site. The maintenance of the cookie/tracking code is the responsibility of the Merchant. EXCEL AFFILIATES is strictly a housing software that displays the results of the tracking for its members

WAIVER

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS

EXCEL AFFILIATES may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at: http://www.excelaffiliates.com or at another site it chooses, and by notifying the Member of the modifications via email notice. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, commission structure, payment threshold and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.