AFFILIATE AGREEMENT TERMS AND CONDITIONS
1. PURPOSE ANG SCOPE.
2. REGISTERING WITH US.
3. RIGHTS OF MATCHING VISIONS.
4. COMMISSION PAYMENTS.
5. SPAM, PARASITES, ADWARE, SPYWARE, ETC.
6. MARKETING MATERIALS.
7. RESPONSIBILITIES AND OBLIGATIONS OF THE AFFILIATE.
8. VOLUNTARY ACCOUNT CLOSURE.
9. LIMITATION OF LIABILITY.
10. DATA PROTECTION.
13. ASSIGNMENT OF RIGHTS.
15. CHANGES TO THIS AGREEMENT.
17. QUERIES AND COMPLAINTS.
18. GOVERNING LAW AND JURISDICTION.
Terms and Conditions (or the Agreement) are applicable once you register and confirm your details in the registration process on our Website. The act of registering account with us, constitutes that you have read, understood and agreed to these Terms and Conditions. By using our Website and Services that we provide you, you agree that you have accepted and agreed to the contents of this Agreement. We strongly advise you to read and understand Terms and Conditions laid down below, before you start your registration process with us.
Thank you for using Matching Visions (the “Company”, “Matching Visions”, “us”, “we” or “our”). According to this Agreement, the terms and conditions listed underneath you (“you”, “your”, “Publisher” or “Affiliate”) are legally bound by this Agreement, by applying for an account with Matching Visions, the affiliate agrees to be bound by this agreement and the terms stated within it.
We as a Company shall evaluate the application hereby submitted and shall notify the affiliate in writing whether the application is accepted or not. Matching Visions reserves the right to refuse any registration in its sole and absolute discretion. This agreement is binding from the moment you have agreed and opted-in to use our services.
Matching Visions operates under an internationally based group of companies. Our main offices are based in Malta, having its mailing address situated at Level -4, The Quay, Portomaso Marina, Portomaso, St. Julians, STJ 4011, Malta.
1. PURPOSE ANG SCOPE
Affiliate has engaged, by means of this Agreement, to perform services in relation to referring potential customers to Merchants websites operating with Matching Visions affiliate network.
Affiliate: A natural or a legal person who has registered account with Matching Visions.
Affiliate site: A site that is operated by the affiliate for the purpose of directing Players to Merchants.
Applicable law: Entire laws, regulations, statutes, codes of conduct, guidelines may it be local, national or international which are legally binding on the parties.
Commission: The Commission earned in connection with lawful affiliate marketing activities.
Fraudulent actions or Fraud: An act or omission which is, in the sole discretion of Matching Visions, committed by the Affiliate or a Player referred by the Affiliate in order to obtain real or potential unlawful gain.
Costs related to Fraud: Any costs or damages arising from fraudulent actions or fraud.
Referred Player: A player who has accessed products promoted by the Affiliate.
Sub-Affiliates: And individual or legal entity engaged with the Affiliate, for intention of driving traffic to merchants’ websites
Spam: Irrelevant or unsolicited messages sent over the Internet, typically to a large number of users, for the purposes of advertising, phishing, spreading malware, etc. Unwanted or intrusive advertising. This shall include not having needed opt-in or opt-out prior to sending any communications.
2. REGISTERING WITH US
In order to use our services and website, you must register. The registration form requires you to provide us with your personal data. You are obliged to provide current, accurate and true information about yourself when registering with us. Any actions to conceal, hide or change identity or used methods of marketing in any way will result in penalties as per this agreement and potential closure of your account.
The information You have provided in Your Publisher application is correct and up-to-date and you will update it as required to ensure the data is current and accurate at all times.
It is our policy and our Partners policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities or any illegal activities. Before accepting your application, we will verify your identity. You might be asked to prove your place of residence and identity as a legal entity or as a natural person. When registering as a company, supporting documentation may include: a copy of the company’s certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; certificate of good standing; power of attorney; and information regarding the identity of the beneficial owners and directors of the company applying. You might be asked to provide a passport/ID card copy and/or recent utility bill. You agree to provide us with any supporting documents, which we may request from time to time.
We guarantee that such information provided to us is to ensure a safe environment and prevent any fraudulent, illegal activities.
In any event that we believe contact information, personal details or identity might be inaccurate or falsified we reserve ourselves a full right to suspend such account.
We will not be providing due diligence documents or personal data to any third parties, including the Operators, unless such request is required by law or a consent is given by the Publisher himself to pass such information to third parties.
In the cases when an already existing account refers another affiliate this should be made for the purpose of introducing new, unknown affiliates to Matching Visions. Any “refer a friend” referrals on new accounts to affiliates already known to have an account with us will be removed or suspended by the management.
You are responsible for securing your account and not disclosing any information to third parties. Matching Visions is in no way responsible if third person accesses your account and if that may result in loss or for transactions made by unauthorised third parties.
For security purposes we highly suggest our Publishers to review our IT Control Policy. Through such policy the Publishers can review the IT controls in place by Matching Visions. Matching Visions are updating their IT Controls consistently to ensure that data held by our company is secure. In case of any suggestions, questions or requests, please contact us at firstname.lastname@example.org.
The account should only be operated by a legal representative of the company. If another representative is to receive access by the affiliate, the affiliate is aware that such representative will have the right to amend payment details or any other sensitive information within the account. The affiliate is therefore agreeing that he/she is to be held responsible for any changes affect by other instructed representatives. A legal representative is a person who has legal authority to enter and accept on behalf of the company or personal account (such representation and authorisation must be made by a person who has actual authority to enter binding agreements on behalf of the company and has authority to manage the business of the company, being a director or having a power of attorney issued by the legal representatives of the company or the person in question).
3. RIGHTS OF MATCHING VISIONS
The Company may refuse any affiliate applicant or close any account of current affiliates if, in its sole opinion, it is necessary to comply with applicable law, the Company’s policy or license and/or to protect the interest of the Company or its partners.
Registration that you have made with us should not mean that we have granted a right to you to market or promote in any ways the programs/services made available by us on behalf of the Advertiser. You will need official approval from us before you can make use of such programs/services. Continuously you as a Publisher, need to keep yourself updated on any changes happening in the industry which may result in any limitations on the promotions effected by yourself. Further, you need to continuously review and keep yourself aware on any new restrictions introduced by the operators both before starting any operations or on your current dealings.
If the affiliate is in breach of this Agreement, the Company may, besides closing the affiliate’s account take any other actions permitted by applicable law to protect its interest or its partners interest.
The Company reserves the right to close the account if there is reasonable suspicion that the affiliate is abusing or manipulating deals or competitions, or for any other reason which may be restricted from time to time by the company, authorities, operators and any other relevant parties.
We will audit you and monitor your month to month performance and activity in general for our compliance purposes. By agreeing to our Terms and Conditions you agree to provide us with any reasonably requested information to carry out investigation in accordance to compliance procedures which we carry out internally and according to law.
We have a right to terminate relationship established by us, meaning you and Matching Visions. We will inform you accordingly by means which you have provided us, your earnings will be paid out with the next scheduled pay-out if there is no suspicions on any possible fraudulent or prohibited activities.
4. COMMISSION PAYMENTS
The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 25th of the following calendar month, provided that the amount due exceeds €100 (hundred euros).
In instances there may be delays on the payments, due to unseen situations, inspections rendered by the company, missing information or extraordinary decisions taken by the management of the Company. Please kindly note that at all times we will try to pay you on time, but at no point we will be liable in any manner whatsoever for late payments due to third party actions, technical issues or any other circumstances that may have been unforeseen.
If the amount is below €100, the amount will be transferred over to the next month, or until the €100 threshold has been met.
In the case where an account is not authorised either by means of due diligence documentation not provided by the affiliate or in the case of suspicion of fraudulent or incorrect trading through our company or directly with our operators, we as a company have the right to take following actions:
Pause payments due to suspicion of fraudulent or illegal activities carried out by the Affiliate
Transfer the payment over to the next month due to unsubmitted documentation
Cancel the payments attributed to the Affiliate due to illegal, prohibited or fraudulent activities.
Matching Visions has wide discretion to take extraordinary decisions regarding payments when illegal activity is suspected.
In the case of extraordinary legal changes or decisions taken by the Operators which may arise to a monetary effect on the affiliate’s account held with Matching Visions, the affiliate will indemnify the company on any potential losses. Matching Visions will advise the Affiliate on the reasons for such losses. Again, Matching Visions does suggest to the Affiliate, that the Affiliate will keep himself notified and updated on any legal changes and changes in the T&Cs and other policies of the operators to avoid any potential losses or disputes. Matching Visions is not responsible for the actions, default and non-payment by the operators as Matching Visions acts as an intermediary between you and the operator, nevertheless we will do our best to resolve any arising issues.
Affiliates will be required to enter their payment information on their account to ensure that the payments are processed on time, only affiliates are responsible for such information and the validity of it. We will not contact you to inform you to update your payment details, we will not be liable or accountable in any manner for your failure to upload your details or upload correct details.
The base currency, when registering with Matching Visions, is EURO (€).
5. SPAM, PARASITES, ADWARE, SPYWARE, ETC.
By accepting our Terms and Conditions you explicitly agree that you will not use Adware, Spyware or any other method of manipulating traffic to generate such traffic. You are bound by this agreement not to use practices listed below, we prohibit such actions unless we have a secondary agreement between you and us, such practices include: Spamming SMS/Text Messaging, Pirated Content locking, Social Phishing/Spamming.
Matching Visions has zero tolerance for sending spam and unsolicited emails, and Matching Visions prohibits the use of third-party, purchased, rented, or harvested lists. Any Affiliate account found to be sending spam will be closed immediately and subjected to possible legal action.
If you violate such terms we have a right to suspend, remove your account, with a prior notice given in any way may see as appropriate in accordance to law.
6. MARKETING MATERIALS
Matching Visions will make every effort to provide correct and accurate marketing materials to its Affiliates, for each brand offered.
The Company will not be liable for any incorrect advertising materials provided by the operators, or any materials that are out of date at the time of publishing.
The Publisher needs to keep in mind that advertising materials may expire, therefore the publisher should closely monitor any changes in the advertising materials. If such material is expired, the publisher is to remove such material. The usage of expired materials may result in inaccurate advertisement possibly leading to complaints, loss of revenue and legal consequences.
The affiliate will not use the provided materials on controversial, rude, or adult-themed websites and if found to be doing so, The Company reserves the right to request the removal of all materials and close the affiliate account, where necessary.
Affiliates must only advertise on approved websites depending on guidelines provided by the Operators to Matching Visions and cannot use adult/torrent/incentivized/pop-ups unless explicitly agreed with Matching Visions. Matching Visions will not tolerate any incentivized traffic and therefore such actions will be not tolerated and might result in withheld commission or even blocked account.
The Affiliate agrees to comply with intellectual property laws and not infringe any brands or Merchants rights. The Affiliate understands and agrees not to purchase or register/bid keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the promoted operators or brands operated by them, Matching Visions will, when available, to provide lists of such keywords, nevertheless the affiliate is solely responsible to carry its activities diligently. Moreover, in cases of pay-per-click advertising (“PPC”) the Affiliate shall not include metatag keywords in PPC promotions which are identical or similar to any trademarks or trade names of the operators or their operated brands. Affiliate shall not include the brand name or any word similar to the name/domain name of the operators websites or any other websites or applications owned and/or operated by the operators or any brand that affiliate is promoting through Matching Visions network.
Affiliate explicitly agrees to comply with all legal requirements and all marketing laws in different jurisdictions. The Affiliate at all times shall include information about Terms and Conditions applicable to promotion (with a link to T&C’s where applicable) any other reasonable gambling requirements depending on jurisdiction (eg. “18+” or references (hyperlinks) to responsible gambling websites). Affiliate is solely responsible to adhere to all legal requirements while confirming Matching Visions being an intermediary. Matching Visions closely monitors affiliate websites and might request to implement necessary changes and the affiliate is obliged to do so, the defiance by the affiliate my lead to temporary or permanent suspension of the account.
7. RESPONSIBILITIES AND OBLIGATIONS OF THE AFFILIATE
To use its best efforts to actively and effectively and compliantly perform the Marketing Activities, as widely as possible in order to maximise the benefit to the Parties. The Affiliate will abide with the guidelines of the Company and the Operators, as posted in the Program’s Website or the Operators’ Websites, as applicable, or sent to the affiliate from time to time and/or accessible online.
To conduct the Marketing Activities and to refer potential players to the Operators’ Websites at its own risk, cost and expense. The affiliate will be solely responsible for the distribution, content, legality and manners of its Marketing Activities, while Matching Visions solely is acting as an intermediary. All the affiliate’s Marketing Activities must be professional, proper and lawful under applicable law and regulations, in accordance with this Agreement and the operators’ guidelines.
The Affiliate will not actively target any person who is under the legal age for gambling, according to Applicable Law in the jurisdictions where all parties (Player/s, Operator/s, Affiliate) are based.
The Affiliate will not actively target any jurisdiction where such promotions are illegal.
The Affiliate will, at all times, comply with all Applicable Law, and that if needed under Applicable Law, it will obtain and maintain all necessary licenses, approvals or permits to perform its obligations under this Agreement and to be able to receive the Commission.
The Affiliate shall not incentivise potential customers to sign up to casinos in order to share or benefit from a CPA, Hybrid payment, affiliate race prize or any other source of remuneration, reward or incentive. Matching Visions reserves the right to delay and review any payments should there be any suspicion of false or fraudulent traffic – especially relating to CPA deals and monthly promotions.
8. VOLUNTARY ACCOUNT CLOSURE
You may close your account at any time. You may do so by contacting us directly on email@example.com. Closure of account will result in no further payments to be distributed.
9. LIMITATION OF LIABILITY
In addition to any limitation of liability appearing in any other provision, The Company is not held liable to the Affiliate for any of the following types of loss or damage:
Incidental, indirect or consequential damages of any kind; Loss of business, profits, revenue, contracts or anticipated savings; or loss or damage arising from loss, damage or corruption of any data;
The provisions of this Agreement allocate the risks between The Company and The Affiliate, and The Affiliate agrees and acknowledges that The Company’s services reflects this allocation of risk and the limitations of liability;
Matching Visions will not be held liable for any direct/indirect or special/consequential damages (or loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate and agreement with the affiliate even if we have been advised of the possibility of such damages.
The Company shall bear no responsibility for activities or any other conduct of the Affiliate regarding the co-operation, and the Affiliate agrees with this.
The Affiliate is liable to Matching Visions for any damage caused as a result of unsuitable conduct during the co-operation (e.g. the use of prohibited methods of promotion, the statement of untrue information, causing harm to the good reputation of the Company etc.). Prohibited methods of promotion with the co-operation include, but are not limited to, in particular, the use of materials not approved Matching Visions (landing pages, banners, e-mails etc.), incentive traffic and sending unsolicited message
10. DATA PROTECTION
Both parties agree to be fully compliant according to GDPR and any other applicable privacy laws. Each party oversees its respective privacy policies and practices to visitors to their websites.
You agree and admit that by engaging with us and using the services we provide under this agreement or any agreement you might enter to with us, that you are compliant with GDPR and all applicable data protection regulations. We have the right to, at any time during our business relationship and you having an account with us, request from you any and all proof necessary to demonstrate Your compliance with the Applicable Data Protection Laws. Such proof would be requested in writing.
You agree and determine that you only process data provided to you only to the extent and in such a manner as is necessary to provide services to Company under this Agreement and shall not use the personal data for any other purpose. You agree under these terms and conditions that you have taken all technical and organisational measures against unauthorised or unlawful processing of personal data.
You are obliged to inform us without any delay if any unauthorised or unlawful processing of personal data took place.
You are obliged to delete all personal information or user data if you have received such written request either by a company or by a person. In case you receive a request for deletion of information and such information has been shared with our company or operators through our network, you as an affiliate are to advise if the person requesting the deletion is also referring to us and the operators involved.
If you conduct direct marketing to customers via emails, SMS or telephone messages then you need to ensure that you have the proper consent from the recipient and be able to provide with proof of such consent. The Affiliate owns and is able to demonstrate upon request clear records evidencing individuals consent which shall include (with no limitations):
– Method the consent was obtained (including the full name of the website or publication through which the opt-in was obtained);
– Clear record of time and date when the opt-in was made;
– Clear reference to betting and gaming activities/promotion and the company promoted;
– Own details of the checks and technological specifications that data owned by the affiliate is held safely, fairly and lawfully;
Any breaches of GDPR or any applicable Data Protection rules and regulations will result in possible closure of your affiliate account and loss of commissions. Any suspicious activities or fraudulent work can be reported to respective authorities, without prior notice.
You agree not to disclose any confidential information that would come to your attention during our services provided to you.
13. ASSIGNMENT OF RIGHTS
We leave sole discretion to us to assign this Agreement. You are not allowed to transfer or delegate any of your rights to other parties if you haven’t received a consent from us. We leave ourselves a right to terminate this agreement immediately if you try to do so, without prior consent and notification.
This Agreement constitutes the entire agreement between you and Matching Visions. This agreement supersedes and replaces all prior agreements, may it be written or oral. Failure by either party to enforce any provision of this Agreement cannot be seen as a waiver of future enforcement of any other provision.
15. CHANGES TO THIS AGREEMENT
Matching Visions reserve a right to change Terms and Conditions at any time without prior notification. You are strongly advised to review this Agreement often. We might inform you by an email or any other notification, that we might see as beneficial to you and us.
All clauses in this Agreement should be considered as separate and severable from each other. If any clause is deemed or announced as void, invalid, or unenforceable for any reason whatsoever, the remaining clauses shall remain in full force and effect.
17. QUERIES AND COMPLAINTS
In case of a complaint or an issue kindly contact us directly on firstname.lastname@example.org.
18. GOVERNING LAW AND JURISDICTION
This Agreement is governed by and in accordance with the laws of Malta. Malta shall have exclusive jurisdiction in all matters relating to this agreement and Matching Visions.
The affiliate is to also take into consideration any governing law which may be in force within the operator’s jurisdiction and the player’s jurisdiction.
The affiliate is to also ensure that any promotional material and operational dealings are in accordance with variance gaming authorities, including but not limited to:
Gambling Commission: https://www.gamblingcommission.gov.uk
Malta Gaming Authority: https://www.mga.org.mt