GENERAL TERMS AND CONDITIONS OF THE JOKERBET.es AFFILIATE PROGRAM
TOGETHER
On the one hand, VERAMATIC ONLINE, S.A., the gambling operator that owns the website www.jokerbet.es in which bets and online games are offered by virtue of the mandatory authorizations granted to it by the Dirección General de Ordenación del Juego in Spain (DGOJ). Hereinafter, JOKERBET.es.
And on the other, the Affiliate, with sufficient capacity to adhere to this contract and who has previously completed the registration form for affiliates in the JOKERBET.es Affiliate program, designed for this purpose and available at afiliados.jokerbet.es or url to replace it.
And both parties acknowledging, as they intervene, sufficient capacity to contract and be bound.
EXPOSE
I.- That JOKERBET.es is a company whose corporate purpose consists of the organization, commercialization and exploitation of games and that has the titles that enable it to do so, being the owner of the website www.jokerbet.es.
II.- That the Affiliate manages and is the owner of web pages, social networks or supports of a similar or similar nature on which it has the capacity to advertise, being interested in promoting the website www.jokerbet.es in exchange for receiving as consideration a commission for the operations carried out by users who have been referred by the Affiliate to the website www.jokerbet.es.
III.- That due to all the foregoing, both parties are interested in formalizing this Contract for the Provision of Affiliation Services (hereinafter, the “Contract”) in accordance with the following
CLAUSES
1. OBJECT
The purpose of these terms and conditions (hereinafter, the "Contract") consists of regulating the conditions of collaboration between the parties and by virtue of which the Affiliate, with its own technical and human means, will advertise the website www. jokerbet.es by incorporating "Contents of JOKERBET.es" on the Affiliate's web pages, social networks or supports of a similar nature (hereinafter, "Web Pages") in order to direct its own traffic to the website www.jokerbet.es.
For the purposes of this Agreement, "Contents of JOKERBET.es" is understood to be any banner, logo, text link, mailing, contest, communication or promotional campaign, graphic image, text or combinations of both, as well as any type of content provided and expressly authorized by JOKERBET.es for its dissemination, which may be updated or modified by JOKERBET.es, in which case the Affiliate is obliged to update or modify it.
In return, JOKERBET.es will pay the Affiliate a commission, as established below, for the operations carried out by users who have been directed by the Affiliate from their "Web Pages" to the website www.jokerbet.es.
This contract does not include any type of exclusivity in favor of the Affiliate.
In the event that both parties reach additional agreements or particular conditions, which must be in writing, these will prevail over the conditions set forth in this Agreement.
2. REGISTRATION IN THE JOKERBET.es AFFILIATE PROGRAM
The following phases must be met to be part of the JOKERBET.es Affiliate Program:
1st) Application for Registration in the JOKERBET.es Affiliate Program by the Affiliate. The Affiliate will fill in the "Registration Form" available at afiliados.jokerbet.es or the url that replaces it and will click on "Send" in order to accept the terms and conditions of the JOKERBET.es Affiliate Program and confirm the veracity. and accuracy of the data provided in the form. The Affiliate must be of legal age or, in the case of a legal entity, be constituted as such in accordance with the laws of the country that are applicable to them, be active and duly registered in accordance with said laws, complying at all times with the legislation that is applicable. of application and, in particular, must be in a position to issue invoices for the services it provides.
In this act, the Affiliate expressly acknowledges that, by applying to join the JOKERBET.es Affiliate Program, he knows and accepts for all purposes all the terms and conditions contained in afiliados.jokerbet.es or the url that replaces it.
2nd) Study and evaluation of the application for registration by JOKERBET.es. JOKERBET.es will analyze the information provided by the Affiliate in said form, and may request additional information and / or documentation from the Affiliate. JOKERBET.es may reject the registration request if, in its sole discretion and for any reason, it considers that the "Websites", social networks and supports of a similar nature are used, or the use that the Affiliate makes of any of them They are not acceptable within the framework of the commercial policy and corporate social responsibility of JOKERBET.es.
3rd) Where appropriate, acceptance and activation of the Affiliate by JOKERBET.es. In the event that JOKERBET.es decides to accept the Affiliate's application, it will send the Affiliate an email expressly communicating said acceptance, registration as an affiliate and activation in the JOKERBET.es Affiliation Platform (it will be provided username and password to access the "Affiliate Login" field of the Affiliate Platform available at afiliados.jokerbet.es or url that replaces it).
3. DURATION
This Agreement will enter into force on the date of issuance of the email that JOKERBET.es sends to the Affiliate communicating the acceptance of their request and their registration as an affiliate and activation in the JOKERBET.es Affiliate Platform. This Contract will be indefinite, and may be terminated by either party at any time and without cause, with thirty (30) days' notice by email, without thereby generating any right to compensation or compensation of any kind.
JOKERBET.es will have the right to terminate this Agreement and/or suspend the participation of the Affiliate, immediately and without prior notice, that is, with effect from the day of receipt of the communication sent to that effect, notifying the Affiliate by email and without that he may claim any pending remuneration, when any of the following circumstances occurs, although not limited to these:
When JOKERBET.es has knowledge or suspects that the Affiliate uses inappropriate means or methods in the exercise of the obligations assumed in this Contract, performs fraudulent or illegal actions, and/or contravenes applicable regulations, the rules of good faith or good manners.
When the Affiliate refers to himself or to his relatives or relatives, without prejudice to the loss of the consideration that would have corresponded to him.
When the Affiliate breaches any obligation or rule derived from this Contract.
When there are inaccuracies or omissions in the information provided by the Affiliate.
When the Affiliate engages in any action or conduct contrary to the image of JOKERBET.es.
When the "Website" is directed at minors, contains any form of pornography or other sexual acts of an illegal nature, promotes violence, racial, sexual, religious or any other type of discrimination, promotes illegal, fraudulent activities or that violate intellectual property rights, or offer cash or virtual currency incentives to acquire customers.
Once this Agreement is terminated or suspended, the Affiliate undertakes not to use and return the "Contents of JOKERBET.es" and any other advertising material provided by JOKERBET.es to the Affiliate in connection with this Agreement, as well as any information of a confidential nature and copies of the same that may be in the possession of the Affiliate. The rights and/or licenses granted to you as an Affiliate will also cease to be in force with immediate effect.
4. ECONOMIC CONDITIONS
A commission consisting of a percentage of the total monthly net profit (or NGR) generated in the previous month by the total of users referred by the Affiliate is established as consideration to the Affiliate.
For the purposes of this clause, "monthly net profit" or "NGR" is understood as the gross amount received by JOKERBET.es for all bets made and closed by users referred by the Affiliate, less the economic amount paid to users as winnings for bets (“monthly gross profit” or “GGR”), and after having deducted the following concepts: (i) the economic amount paid to users as bonus released/converted; (ii) the amount paid for all direct taxes and gambling fees applied to the activity carried out; (iii) balance adjustments and fraud cases; (iv) amounts wagered that are returned or voided; (v) the costs of bonuses or commercial promotions and any marketing expenses; (vi) administrative costs, license fees and software license costs; (vii) the costs of means of payment and (viii) the expenses and commissions of any type for transactions that are rejected at the express request of the issuing entity of the card holder user.
The parties expressly admit that the information that appears in the JOKERBET.es Affiliation Platform will be used for the calculation of the GGR and NGR generated by the users referred by the Affiliate and on the basis of which the invoice will be prepared by the Affiliate.
The Affiliate will have the right to collect the commission as long as the following requirements are met: (i) that the user referred by the Affiliate has been accepted by JOKERBET.es; (ii) that the user referred by the Affiliate has made a first deposit and used it to play; (iii) that the user referred by the Affiliate has provided or used to register and play at www.jokerbet.es the Affiliate's tracker or identification code; and (iv) that the user referred by the Affiliate has not previously registered at www.jokerbet.es.
JOKERBET.es will have the right to review the operations that are generated through the Affiliate, being able, where appropriate, to retain those commissions that it considers to come from actions that imply fraud, illegality or similar conduct. In the event of the concurrence of any of these situations, the commission in question will be deemed not accrued, leaving JOKERBET.es exonerated from its payment.
Likewise, JOKERBET.es reserves the right to compensate any commission pending payment to the Affiliate with any claim against it.
Calculation of commissions and payment method:
The commissions will be calculated in accordance with the agreement in this regard between JOKERBET.es and the Affiliate, which will be attached to this Agreement as an essential part thereof.
The amount resulting from the calculation of commissions includes the indirect taxes that are applicable in each case and time.
Commissions will be calculated monthly by JOKERBET.es based on the information found in the JOKERBET.es Affiliate Platform and that has been previously validated by JOKERBET.es. In the event that the contractual relationship begins at the beginning of the current month, the commissions that, if applicable, accrue during said month will be calculated at the close of the following calendar month.
The Affiliate may show their disagreement to the monthly commission report by sending an email to afiliados@jokerbet.es in which they provide the reasons for such differences, within a maximum period of 15 days from the communication of said Report. Once said period has elapsed without showing disagreement, it will be considered an irrevocable acknowledgment of the Affiliate to said monthly report of commissions.
The amount of one hundred euros (€ 100) is established as the minimum monthly billing and payment amount in favor of the Affiliate. In the event that said amount is not reached, JOKERBET.es will retain the amount accrued at that time until at the end of the successive calendar months the accumulated amount reaches the minimum billing and payment amount.
If the NGR turns out to be negative in the settlement period, it will be considered zero for income purposes and for the corresponding monthly settlement, accumulating the negative amount, for compensation with the next three (3) future settlements. If the negative amount is not fully compensated in the following three months, the outstanding balance will be assumed by JOKERBET.
The Affiliate will issue an invoice in euros with the total amount of the recognized commission, which will be sent to JOKERBET.es by email to afiliados@jokerbet.es. For the purposes of applying indirect taxes, invoices must be issued considering that the fiscal address of JOKERBET.es is in the autonomous city of Melilla.
Commissions will be paid only to the checking account provided for this purpose by the Affiliate. Any transfer fees that may be applicable, if applicable, will be paid by the Affiliate and will be deducted from the invoice amount.
The invoice will be paid by JOKERBET.es within thirty days from the date it is received, provided that it has been correctly issued according to the affiliation platform's calculations. To comply with this term, it is necessary for the Affiliate to issue the corresponding invoice before the 5th of the following month. Otherwise, the invoice will be paid within thirty days, counting from the first day of the month following the date of receipt. JOKERBET.es will be released from any payment obligation, after one year has elapsed from the date of provision of the services without the Affiliate having issued an invoice for the payment thereof.
In the event that the Affiliate is VAT Registered in a member state of the European Union, they must notify the change in VAT, their withdrawal from the VAT registry or their cessation or transfer of business and accredit it by means of the appropriate tax certificate.
In the event of termination of the contract or its temporary interruption, the commission will be calculated until the exact date of such events, issuing an invoice for the commissions accrued up to that date and pending billing in the month following the termination or interruption. as long as the amount of the commissions is at least ONE HUNDRED (€ 100). Otherwise, the Affiliate will not be able to claim the amount and the commission will be canceled for the benefit of JOKERBET.es. Once the contractual relationship has been terminated or suspended and said final invoice has been issued, if applicable, the Affiliate will not be able to issue more invoices nor will he be entitled to the restitution of any amount nor will other claims for compensation, compensation or any economic right be accepted against JOKERBET.es.
5. RIGHTS AND OBLIGATIONS OF JOKERBET.es
JOKERBET.es will have the power, under its sole discretion, to accept or reject the Affiliate, providing, where appropriate, the “Contents of JOKERBET.es” authorized for the Affiliate to insert them into their “Web Pages”.
JOKERBET.es will accept the users referred by the Affiliate who register at JOKERBET.es as JOKERBET.es clients, as long as they comply with the Client Admission Policy and applicable Regulations, in force at all times. The users referred by the Affiliate and accepted by JOKERBET.es are clients of JOKERBET.es, applying the terms and conditions of JOKERBET.es, as well as the rules and procedures that JOKERBET.es has established.
JOKERBET.es will provide the Affiliate with access to the Affiliate Platform so that they can consult statistics on the evolution of the users generated, update their profile or select the “Content of JOKERBET.es” to insert in their “Web Pages”. This information and statistics to which the Affiliate may have access will be for informational purposes only, and JOKERBET.es will endeavor to update them, although it will not be obliged to do so. No guarantee of access to the JOKERBET.es Affiliate Platform is offered at any time and place, and JOKERBET.es is not liable to the Affiliate or to any other person in relation to any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the JOKERBET.es website or in the JOKERBET.es Affiliate Program.
JOKERBET.es will have the right to reject the users referred by the Affiliate or to close their gaming account if it is observed that they are incurring any type of fraud or breach of the Terms and Conditions of JOKERBET.es or the gaming regulations.
JOKERBET.es will have the right to unlink the Affiliate's affiliation code and/or any other form of follow-up, and therefore the latter will not have the right to commission on them, to those users referred by the Affiliate who a) have not deposited and/or played in the first three months from the user-affiliate link; and b) that have not had activity (deposits, withdrawals and/or plays) for four consecutive months.
JOKERBET.es will calculate and pay the Affiliate the resulting commissions, according to the information found in the JOKERBET.es Affiliate Platform.
JOKERBET.es may withhold any monetary amount from an Affiliate, when it has reasonable grounds to consider that that Affiliate has attempted to commit any type of fraud or has engaged in any activity contrary to good faith.
RIGHTS AND OBLIGATIONS OF THE MEMBER
The Affiliate is solely responsible for his performance in the field of compliance with this Contract, which he will develop using his own means, without the possibility of assignment or subcontracting, in good faith and with the diligence of an orderly merchant.
The Affiliate will be responsible for complying with all the requirements established by the regulations governing non-face-to-face gambling activities that affect, directly or indirectly, the affiliation activity and, in particular, the provisions on commercial communications provided for in the Royal Decree 958/2020, of November 3, on commercial communications when those communications are disseminated, placed or carried out on their own or commissioned by JOKERBET.es. The Affiliate will be liable for any damage caused to JOKERBET.es and that has its origin in a breach of the Affiliate's regulatory requirements and obligations.
The Affiliate may not place commercial communications from JOKERBET.es on web pages or applications that, in turn, promote gambling activities of entities without an enabling title in Spain, presenting them as aimed at residents in Spain, or on web pages or applications whose content infringes applicable regulations on intellectual property.
The Affiliate, when acting as a betting forecaster or, may not subscribe any advertising agreement with JOKERBET.es without undertaking to publish in a full and demonstrable way, in the channels or accounts of social networks or in the web pages or applications from where they make their predictions, all the results in any type of bets that they have obtained on the platform of JOKERBET.es and other gaming operators related to JOKERBET.es with whom a contractual advertising relationship has been formalized and that have fallen on target events forecast. Detection of non-compliance will result in the termination of the Contract and the impossibility of signing a new one in the following three years. This obligation also affects the figure of the Super Affiliate, who acts as an intermediary for the betting tipsters.
The Affiliate confirms that all the information provided to JOKERBET.es is true, truthful and complete, forcing himself to immediately notify JOKERBET.es of any change in the information provided. The Affiliate assumes responsibility for any damages that may be caused as a result of the failure to update the data provided.
The Affiliate declares and guarantees that the "Websites" in which JOKERBET.es will insert advertising are owned or authorized by their owner to make the use referred to in this Contract, not having restricted or limited in their use in any way, being responsible for keeping them active, for their implementation, operation, development and content, and for assuming any cost for said concepts. Likewise, you will have full responsibility for any claim, damage or expense (including legal costs) derived directly or indirectly from said management, development and content.
The Affiliate guarantees that the "Websites" and all the material displayed on them in no way infringe intellectual property rights or of any other type, nor does it promote child pornography or other illegal sexual acts, nor that they incite violence, discrimination racial, sexual or any other type, political content, commercial material for minors, or that promote illegal activities.
The Affiliate undertakes to use its best efforts to actively and effectively advertise, advertise, promote and promote JOKERBET.es as widely as possible in order to maximize the benefit of the parties, committing to keep the “JOKERBET Contents up to date. es ", to comply with the guidelines that JOKERBET.es notifies you at all times and that the advertising of JOKERBET.es is accessible at all times.
The Affiliate agrees to use the "Content of JOKERBET.es", expressly authorized by JOKERBET.es and in accordance with the latest update provided by it, and exclusively for the purposes provided in this Agreement. In no case will the Affiliate modify the appearance of the "Content of JOKERBET.es".
The Affiliate may disclose the "Content of JOKERBET.es" by mass mailings to their contact lists, avoiding any type of confusion that causes users to identify them with JOKERBET.es, not using the name of the same, JOKERBET. es or any other brand of the GRUPO VERAMATIC, and refraining from promoting or benefiting third parties or entering into competition with JOKERBET.es. In addition, you will observe the following rules in any case and under your sole responsibility, assuming the consequences of non-compliance:
It will allow the recipients of the mailings an option to unsubscribe from the distribution list of said mails or mass mailings, easily detailing the steps to follow to do so.
In no case will it send JOKERBET.es offers that are not current on the www.jokerbet.es site nor will it publicly and / or privately display any type of content, terms or not updated promotions that may cause confusion to the end user of the www.jokerbet.es site.
In no case will it send offers from JOKERBET.es to minors, or to people whose email address has not been voluntarily provided in order to receive promotional information.
The Affiliate will ensure that there is no form of spam in their communications. If it occurs, this Contract will be automatically suspended, the commissions pending payment will be retained and the Affiliate will be responsible for all the expenses that it may entail, which will be passed on to it, firstly, against the unpaid commissions and, if resulting insufficient, the Affiliate will be obliged to satisfy that part not covered by the commissions withheld.
The Affiliate undertakes to notify JOKERBET.es of any unauthorized use or any breach of security that they suspect or know, including the loss, theft or unauthorized disclosure of their email or password. You will be responsible for maintaining the confidentiality of your email account and password and the use and activity of your account, including use by a third party authorized by the Affiliate. Any fraudulent activity, abuse, or in any way illegal may be grounds for termination by JOKERBET.es and communication to the competent authorities. Similarly, the Affiliate undertakes to make diligent use and not to modify the data or access passwords to any service commonly used by the affiliates, such as quota services in any format delivered, etc.
The Affiliate shall refrain from taking any action, direct, indirect or in favor of third parties, which is in competition with JOKERBET.es, from making use of the same or analogous names to JOKERBET.es or trademarks registered or used by the same or by the GRUPO VERAMATIC, to register and/or request any similar domain name, or that may cause confusion to the user, JOKERBET, VERAMATIC or any of the brands used by the GRUPO VERAMATIC, committing not to present the web in such a way that it can reach to cause confusion with the JOKERBET.es website or use the trademarks of JOKERBET.es or those linked to VERAMATIC in advertising campaigns on search engines, social networks or similar supports.
The Affiliate may not benefit from any activity or user traffic that did not occur in good faith, either with or without the intention of ending up causing damage to JOKERBET.es, committing to return all commissions received on the basis of fraudulent or falsified transactions, in addition to all the expenses of the legal actions that for this reason may be initiated against the Affiliate.
The Affiliate will not be authorized to make or accept any offer or representation on behalf of JOKERBET.es, nor will it be able to make any statement on its website or in any other place or medium that contradicts the conditions established in this Contract.
The Affiliate will invoice in time and with the formalities agreed in this Contract.
7. USE OF TRADEMARKS
During the term of this Agreement, JOKERBET.es will grant the Affiliate a non-exclusive, non-transferable, non-sublicensable, limited and revocable license for the use of the “Contents of JOKERBET.es” that JOKERBET.es expressly authorizes and only in connection with the provisions of this Contract.
The Affiliate may not take any action that could harm the rights or trademarks of JOKERBET.es, as well as weaken the good reputation of its associates. In the event that it becomes aware that third parties misuse the trademarks or intellectual property rights of JOKERBET.es, the Affiliate must immediately notify said circumstance to it so that it can take the pertinent legal actions that it deems appropriate.
8. LIMITATION OF LIABILITY
The Affiliate undertakes to defend, indemnify and hold JOKERBET.es, its suppliers, employees, agents, directors, shareholders and attorneys, free and undamaged from and against any claim, demand, liability, including reasonable fees of expert attorneys, related to or arising from:
The breach of the representation, guarantee or agreements that the Affiliate assumes by virtue of this Contract.
The use of the Affiliate (or outdated or misuse) of the "Contents of JOKERBET.es".
All conduct and activity that occur under the Affiliate's username and password.
Any defamatory, libelous or illegal material contained within the information and data of the "Websites".
Any claim or allegation that the information and data on the "Websites" infringes patents, copyrights, trademarks or other intellectual property rights of third parties or violates the rights of third parties for privacy or publicity.
The access of third parties or use of the information and data of the Affiliate and of the "Websites".
Any claim related to the "Websites".
The Affiliate acknowledges that JOKERBET.es, its suppliers, employees, directors, shareholders and lawyers will not be responsible for any damage generated by the use of the JOKERBET.es Affiliate Program, nor by information provided on the JOKERBET.es website or from any other linked to it by whatever means and, in particular, for any damage generated by erroneous or outdated content on sites other than JOKERBET.es.
The Affiliate will be liable directly for the effects and damages generated by their actions against third parties derived from this Contract, with absolute indemnity from JOKERBET.es.
9. CONFIDENTIALITY AND DATA PROTECTION
JOKERBET.es and the Affiliate will act as independent and autonomous parties from each other, making use of each part of their own material and human resources, and in no case will the relationship derived from this Contract be considered as labor, dependency, agency, or society, association, or similar.
The Affiliate's data will be incorporated into an automated personal data file to manage the commercial relationship for which JOKERBET.es is responsible. The Affiliate is informed that he may exercise the rights that are recognized by the current data protection regulations (Access, Rectification, Cancellation, Opposition. Portability, Forgetfulness and Limitation of Treatment) by email addressed to dpd@jokerbet.es.
10. GENERAL
- Relationship between the parties
JOKERBET.es y el Afiliado actuarán como partes independientes y autónomas entre sí, haciendo uso cada parte de sus propios medios materiales y humanos, y no reputándose en ningún caso la relación derivada del presente Contrato como laboral, de dependencia, de agencia, de sociedad, de asociación, o similar.
- Assignment
JOKERBET.es may assign the rights and obligations derived from this Contract to third parties without this entailing any variation in the rights and obligations of the Affiliate, provided that prior communication is made to the Affiliate for the sole purpose of their knowledge. The Affiliate may not assign, subcontract or encumber all or part of their rights or obligations derived from this Contract in favor of third parties without the prior written consent of JOKERBET.es.
- Nullity and complete agreement
The declaration of nullity, resolution, invalidity or similar by the competent judicial or arbitration authority of any stipulation of this contract will not affect the rest of its provisions, which will remain in force and will bind the parties.
- Notifications
All notifications made to the Affiliate in relation to this Contract will be made in writing through the Affiliate's Private Area, by email to the address provided by the Affiliate, or by any other means that leaves proof of receipt at the addresses of the parties listed in the heading of the Contract. In addition, the Affiliate may notify JOKERBET.es at the address afiliados@jokerbet.es. For these purposes, the email address provided by the Affiliate will be considered valid, as long as a different one is not communicated to JOKERBET.es. Communications from e-mail addresses that have not been previously communicated to JOKERBET.es will not be accepted.
- Modifications
JOKERBET.es may modify any term of this Agreement and the JOKERBET.es Affiliate Program by sending a notification of modification to the Affiliate. In case of modifications motivated by errors in the Contract or in the Program, these will become effective the same day of the notification. JOKERBET.es may, at any time, make minor changes to its promotions to correct typographical errors or to improve clarity or the Affiliate experience, and may cancel them for legal or regulatory reasons. In the event of other types of modifications, these will become effective 30 days after notification, during which period and as established in clause 3, the Affiliate may express their disagreement and in which case the Contract will be deemed terminated. After said period without showing disagreement, the Affiliate will be deemed to accept the changes communicated.
- Force Majeure
The parties are obliged to comply well and faithfully with the obligations derived from this contract, with the sole exception of circumstances of force majeure, which includes any resolution or action of the administrative or judicial authority.
- Legislation and jurisdiction
This Contract will be governed by Spanish law. In case of controversy or disagreement in its interpretation and/or application, the parties expressly submit to the courts and tribunals of Melilla (Spain), waiving any other jurisdiction that may correspond to them.
The Affiliate has independently evaluated the desire to participate in this JOKERBET.es Affiliate Program, declares to have read and understood this Agreement in all its stipulations and conditions, acting freely and spontaneously, without having their willingness to lend consent to it.
IMPORTANT NOTE: The official version of these Terms and Conditions is written in Spanish. JOKERBET.es is not responsible for errors of interpretation of its translated version, since its sole objective is to facilitate the transparency of the Contract to the Affiliate.
