Last Upated: 22 November 2023

 

Pala Interactive Program Terms of Service for Promoting CanPlay Casino

These Terms and Conditions form a legally binding agreement (the Agreement) between an Affiliate applicant (or an approved Affiliate) (Affiliate or You) and Pala Interactive, LLC (Pala or Pala Interactive) in relation to its program whereby Affiliates refer real money players to the Client Website (the Program).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. You should print off and/or save a copy of these Terms and Conditions (Terms) for your records.

RECITALS

Pala Interactive manages the Program on behalf of its Clients.

DEFINITIONS AND APPLICATION OF TERMS

1.1 These Terms apply to an Affiliate's application to, or participation in, the Program.

1.2 An Affiliate may not apply to or participate in the Program unless they accept the Terms.

1.3 An Affiliate may not apply to or participate in the Program if they are not of legal age to form a binding contract with Pala Interactive, or are otherwise precluded from participating in the Program under the laws of the country in which they are resident or the laws in which the product is offered.

1.4 The Terms shall be deemed accepted by an Affiliate upon (i) submission of an application to participate in the Program; or (ii) continued participation in the Program.

1.5 Pala Interactive may make changes to the Terms from time to time, and Pala Interactive will make a new copy of the Terms available at https://affiliates.palapartners.com/terms_and_conditions.asp. Affiliates understand and agree that if they continue to participate in the Program after the date on which the Terms have changed, they are deemed to have affirmatively accepted the updated Terms. An Affiliate must regularly check these Terms to determine whether they have been updated and Pala Interactive is under no obligation to inform an Affiliate when the Terms have been updated. When Pala Interactive posts changes to the Terms, the Latest Update date at the top of Terms will be updated. If an Affiliate elects not to continue to participate in the Program following such changes, You must inform Pala Interactive in writing via the following email address affiliates@palainteractive.com that they wish to cease participating in the Program. In such circumstances the provisions governing termination with notice (see clause 3.2) shall apply.

1.6 The following definitions shall apply in these Terms:

Active Affiliate Player means an Affiliate Player that has deposited Real Money into a Client account and generated Net Gaming Revenue of at least $1 CAD during the applicable monthly period in question.

Affiliate Player means a person who is attached to Your Tracker ID who: (i) is eligible to open a user account at a Client Website but has not previously done so; (ii) through one of the Tracker ID(s) is brought to a Client Website; (iii) completes the registration process for a new user account at a Client Website including agreeing to all end-user agreements then in place, and makes a minimum deposit of $25 CAD; and (iv) has adequately fulfilled any other qualification criteria that we may introduce from time to time.

Clients means the Abenakis Council of Wolinak and any other customer of Pala Interactive who has contracted with Pala Interactive to offer its Products under the Client Website for such Client (which in the case of Abenakis Council of Wolinak shall initially be CanPlayCasino.com) and operate the Program on behalf of such Client;

Client Brands means the brands of the Clients (whether or not included within the Program) including but not limited to all brand treatments, logos, slogans, trademarks and further including all Intellectual Property Rights in and to the foregoing and expressly including the goodwill and reputation subsisting therein throughout the world;

Client Website means any and all of the URLs owned or operated by a Client and any other websites that Pala Interactive deems relevant to these Terms in its sole discretion;

Fraud Traffic means deposits, revenues or traffic generated on the Products through illegal means or any other action committed in bad faith to defraud Pala (as determined by Pala in its sole discretion), regardless of whether or not it actually causes us harm, including but not limited to: deposits generated on stolen credit cards; collusion, manipulation of the service or system, bonuses or other promotional abuse; creation of false accounts for the purpose of generating Affiliate Players or Active Affiliate Players; unauthorized use of any third-party accounts, copyrights, trademarks and other third-party Intellectual Property Rights (that, for the avoidance of doubt, include our Intellectual Property Rights);

Intellectual Property Rights means patents, inventions, utility models, petty patents, registered and unregistered design rights, Know-how, copyrights, semi-conductor topography rights, rights of extraction relating to databases, the right to use software, marks, trademarks, trading name, domain names and all other similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;

Know How means confidential industrial and technical information and techniques in any form (including paper, electronically stored data, magnetic media, film and microfilm) including (without limiting the foregoing) drawings, formulae, test results, reports, project reports and testing procedures, instruction and training manuals, tables of operating conditions, specifications, tables and procedures;

New Active Affiliate Player means an Affiliate Player that first becomes an Active Affiliate Player within the previous 6 months;

Products means any game, wager, bonus, or service offered by a Client, Client Brand, and/or Client Website;

Sign-up Bonus Code is a unique alphanumeric code that Pala may make available to you to provide to prospective Affiliate Players. When entered, the system automatically logs the Sign-up Bonus Codes and records you as the Affiliate in relation to the relevant Affiliate Player.

Tracker ID(s) means the unique Tracking URL or Sign-up Bonus Codes that we provide exclusively to you, through which we track Affiliate Players and calculate Commissions.

Tracking URL means a unique hyperlink or other linking tool for referencing the Client Website or Products through which you refer potential Affiliate Player. When the relevant Affiliate Player opens their account on the Client Website, our system automatically logs the Tracking URL and records you as the Affiliate in relation to the relevant Affiliate Player.

Website means http://affiliates.palapartners.com/

ENROLLMENT

2.1 To begin the enrolment process, a potential Affiliate will submit a complete Program application via the Website (the Application). Upon joining the Program, the Affiliate certifies that he/she and the referred Affiliate Player are of legal age to participate in the Program as required by applicable law. Affiliate shall make diligent efforts to ensure that every Affiliate Player shall be over 18 years old and legally capable to participate in the Products based on the laws applicable to the Products and the Affiliate Player.

2.2 Pala Interactive will evaluate the Application and will notify the potential Affiliate of its acceptance or rejection to the Program. Pala Interactive may reject any Application if it is determined, in Pala Interactive's sole and absolute direction, that the Application, the Affiliate or related Affiliate website is unsuitable for the Program.

2.3 Unsuitable websites include, but are not limited to, those that:

Infringe trademark rights of Pala Interactive, its Clients or any third parties or otherwise violates the rights of any third party;

Contain sexually explicit materials;

Contain violent or gory content that's shocking, sensational, or gratuitous;

Promote or condone violence or discrimination against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristic;

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

Promote illegal activities or otherwise violate any applicable laws, including those targeting spyware, adware or SPAM;

Violate any Intellectual Property Rights, including, without limitation, scraping text or images from the Website; and/or

Are considered in the sole and absolute opinion of Pala Interactive to be or contain material that is offensive, shocking, graphic, or otherwise offensive or inappropriate.

2.4 In the event that an Affiliate has specified to advertise, market and promote for more than one Client Brand, Pala Interactive may choose to accept the application for one of its Clients and reject it in respect of another Client.

2.5 Pala Interactive at its sole discretion shall determine which Products an Affiliate is entitled to promote.

2.6 If Pala Interactive rejects the Application, potential Affiliates may re-apply to the Program at any time. Affiliates should also note that if Pala Interactive accepts an Application and the Affiliate's website is thereafter determined, at Pala Interactive' sole discretion, to be unsuitable for the Program, Pala Interactive may terminate this Agreement in accordance with clause 3.3 and 3.4.

2.7 An Affiliate shall not attempt to open more than one Affiliate account without prior written consent from Pala Interactive, nor will an Affiliate earn Commissions on their own or related persons accounts or any Fraud Traffic. Affiliates are not permitted to wager with an Affiliate account. If an Affiliate would like to play on a Client Website, such Affiliate must set up a separate player account on the Client Website. If an Affiliate would like to test the system, Pala Interactive will provide the Affiliate with a demo account. In the event of a violation, Pala Interactive has the right, at its sole discretion, to void all earned Commissions applicable from such play. For avoidance of doubt any Client Website personal player account must not be directly tagged to an Affiliates account.

 

TERM AND TERMINATION

3.1 The term of an Affiliates participation in the Program (Term) will begin upon Pala Interactive written confirmation of acceptance into the Program.

3.2 Either Pala Interactive or an Affiliate may terminate this Agreement and their participation in the Program at any time, with or without cause, by giving the other party at least 10 days written notice of termination (such notice to be sent to Pala Interactive by email to affiliates@palainteractive.com (Attention: Affiliate Manager).

3.3 Pala Interactive has the right to terminate the Agreement without prior notice, in Pala Interactive sole and absolute opinion, if an Affiliate breaches any terms or conditions of this Agreement, breaches any applicable laws or regulations, or does anything else that Pala believes endangers any gaming licenses for Pala, its Clients, and/or their Affiliates.

3.4 Pala Interactive has the right to terminate the Agreement without prior notice if an Affiliate does anything to bring any of the Clients or the Clients' Brands into disrepute.

3.5 If the Agreement is terminated pursuant to clause 3.2, the Affiliate will be entitled to unpaid commissions if any, earned by or on the date of termination. For the avoidance of doubt, no Commissions occurring after the date of termination will be paid.

3.6 If the Agreement is terminated pursuant to clause 3.3 and 3.4, the Affiliate shall not be entitled to unpaid commissions, if any, earned by or on the date of termination.

3.7 Pala Interactive reserves the right, at its sole discretion, to close Affiliate accounts due to any of the following reasons:

   A.Did not pass the screening;

   B No response to screening verification email after 1 month;

   C Duplicate account;

   F Failed to provide the correct information of your account or failed to answer the security questions correctly; or

EFraudulent account.

3.8 Any balance remaining on an account closed pursuant to clause 3.7 will be forfeited upon closure. If Affiliate subsequently decides to re-enroll in the Program, Affiliate must open a new account and shall not be entitled to any balance remaining in any previous accounts.

 

UPON TERMINATION OF THE AGREEMENT

4.1 All rights and licenses granted to the Affiliate under this Agreement shall terminate immediately.

4.2 The Affiliate must remove all Client and Pala Interactive Program banners from their website and disable any links to the Client Website(s) from their website. Pala Interactive may withhold any final payments, pursuant to clause 3.5 for a reasonable time to ensure that the correct amount is paid to the Affiliate.

4.3 If Pala Interactive continues to permit activity (generation of revenue) from the Affiliate's customers after the date of termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.

4.4 The Affiliate will return to Pala Interactive any confidential information and all copies of information in their possession, custody and control relating both to Pala Interactive and the Clients. The Affiliate will cease all uses of any trade names, trademarks, service marks, logos and other designations of Pala Interactive, its licensors and of the Clients.

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

 

COMPANY OBLIGATIONS AND RESPONSIBILITIES

5.1 Pala Interactive grants to an Affiliate:

A.the non-exclusive, non-assignable right to direct players to the websites of the Clients in accordance with these Terms; and

B.the non-exclusive, non- assignable license to the trademarks, banners and any other material belonging to the Clients and authorised by Pala Interactive for use by the Affiliate.

5.2 Pala Interactive will provide a variety of graphic and textual links to Affiliates for placement on their website(s). Subject to the Terms, Affiliates may display the links as often and in as many areas of their website(s) as they desire.

5.3 Each Client Website will register Affiliate Players with an account. By opening an account with a Client Website, each Affiliate Player agrees that all of such Client Websites, applicable rules, policies and operating procedures will apply to them. Each Client Website reserves the right to refuse Affiliate Players or close their accounts if necessary in its discretion.

5.4 To the extent permitted by law, Pala Interactive will track Affiliate Players play on behalf of each Client and will supply reports summarizing customer activity to the Affiliate. The form, content and frequency of the reports may vary from time to time in Pala Interactive' sole discretion.

 

COMMISSION STRUCTURES AND CALCULATIONS

6.1 For the purposes of this clause 6, Net Gaming Revenue shall calculated as follows:

Total wagers made by Affiliate Players on the Client Website less payouts, charge-backs, bonuses, fraud, processing and licensing fees, and other incentives offered to the Affiliate Player on such Client Website.

6.2 Any payments owing pursuant to this Section 6 shall be referred to as Commissions. Pala Interactive reserves right to offer different Commission structures for different Clients and/or Client Websites.

6.3 Revenue Share Scheme:

Pala Interactive will pay the Affiliate a percentage, pursuant to Sections 6.4 and 6.5, of the total monthly Net Gaming Revenue for play generated by Active Affiliate Players on each Client Website (for which the Affiliate refers, and is entitled per these Terms to refer, such Active Players).

6.4 Commission Scheme:

Pala Interactive will pay each Affiliate a Commission, which is calculated in accordance with clause 6.5, on all Active Affiliate Players that Affiliate refers under this Agreement. With consistent or increased affiliate performance, Affiliates may be offered higher Commission rates or hybrid plans. Affiliates need to meet both the minimum New Active Affiliate Players and Net Gaming Revenue conditions to be entitled for each Commission percentage rate set for the applicable tier below and the Commission calculation will be based on the lowest tier for which both the New Active Affiliate Players and Net Gaming Revenues requirements are achieved. The Commission calculation excludes any revenue generated from any closed player account regardless of the reason for the closure of that account.

All the Products on which the Affiliate acts must meet the minimum payment amount per month before any payouts can be made. If an Affiliate's monthly accrued Net Gaming Revenue is below the minimum amount set out at clause 6.9, no payout will be made, however that Affiliate's Commission will accrue until the minimum payout amount has been reached and can be cashed out in subsequent months.

6.5 Commissions

The monthly Commission will be the agreed percentage (agreed in the contract signed) of Net Gaming Revenue generated by Active Affiliate Players during that month.

6.6 In the event that an Affiliate delivers fewer than 5 new Active Affiliate Players in any 6 month period, Pala Interactive may, at its sole discretion, drop that Affiliate's Commission percentage to 10% until the Affiliate is able to deliver 5 New Active Affiliate Players.

6.7 Net Gaming Revenue shall be calculated for each Active Affiliate Player and in respect of each Client Website for which the Affiliate acts and the aggregate of all such calculations shall be the amount to which the relevant percentage is applied. 

TOTAL NGR = Gross Revenue - 17.5% Taxes – 25% Admin Fee - Bonus - Chargebacks - Additional deductions

6.8 The determination of a payout (if any) in the event that fraudulent activity has been discovered will be at Pala Interactive' sole discretion.

6.9 Affiliates are entitled to one payout per month. The minimum payout request for earned Revenue Share per month follows below:

Payment Type

Currency

Minimum Payout Amount

Bank Payment

CAD

$100 CAD

 

6.10 There shall be no maximum payout.

6.11 For the avoidance of doubt every Affiliate will participate in the Commission structure unless agreed upon in writing the Affiliate and Pala Interactive.

 

AFFILIATE OBLIGATIONS AND RESPONSIBILITIES

7.1 An Affiliate shall use its best endeavours to actively and effectively advertise market and promote a Client Website as widely and aggressively as possible in order to maximize the financial benefit to both the Affiliate, the Client and the Client Brand. From time to time, Pala Interactive may issue notifications to Affiliates setting out any jurisdictions from which it will not accept players (a Restricted Jurisdiction Notification). An Affiliate shall not engage in advertising, marketing and promotional efforts which violates the terms of any Restricted Jurisdiction Notification. Restricted jurisdictions may consist of countries or states within countries so Affiliates must use all reasonable endeavours to remain informed on which jurisdictions are restricted jurisdictions. An Affiliate shall only engage in advertising, marketing and promotional efforts which reflect positively upon the business reputation of a Client and the Client Brand.

7.2 Pala Interactive has no obligation to retag any Affiliate Players with incorrect or incomplete tracking information to the proclaimed Affiliate's account.

7.3 Affiliates are responsible for providing all required documentation for the verification of ownership of their account.

7.4 An Affiliate shall not disclose or permit to be accessed any confidential information relating to the Program, these Terms, Pala, any Client, any Client Brand, and/or any Product. Affiliate will use any such confidential information solely for the purpose of carrying out their obligations under these Terms. If any such disclosure is required by law, Affiliate shall give Pala at least 30 days notice before such disclosure.

7.5 It is the responsibility of the Affiliate to ensure that the correct Tracker ID is utilized on its website. Pala Interactive will not change the Affiliate Tracker ID for Affiliate Players resulting from incorrect or incomplete tracking. Pala Interactive is not responsible for Commission Fees generated from Affiliate Players with incorrect or incomplete tracking information.

7.6 An Affiliate shall not offer any incentives to their referrals outside what is offered by a Client, Client Brand, and/or Client Website. This includes but is not limited to rake back, insurance, cash back or anything where a referral is compensated outside the normal incentives offered by the Client, Client Brand, and/or Client Website or without prior written consent of the Client Brands and/or the Program.

7.7 An Affiliate shall not establish any Facebook, Twitter or other social network domains, blog domain, profile name or display name containing any names, words and phrases that are or can be deemed to form part of a Client Brand.

7.8 An Affiliate is restricted from purchasing any domains that include any names, words and phrases that are or can be deemed to form part of a Client Brand or bidding on any keywords or keyword phrases that include, any names, words and phrases that are or can be deemed to form part of a Client Brand or any Pala Brands in any format in any pay per click (PPC) advertising network, unless Pala provides explicit written permission. This includes, but is not limited to, the following: Google, Yahoo/Bing, Baidu, Sogou, Ask, Overture, Kanoodle, Miva, Search123, Findology, Looksmart, Entireweb/SpeedyAds, 7search, ePilot, Enhance, AdRoll, Amazon, Quantcast, BuySellAds, Infolinks, Facebook, LinkedIn, and Pinterest.

7.9 An Affiliate is restricted from utilizing derivatives of any names, words and phrases that are or can be deemed to form part of a Client Brand or any Pala Brand in URLs and directory names for the intention of search engine optimization.

7.10 An Affiliate is restricted from setting up any site redirects from any page on their website or network of websites so that the page goes directly to a Client Website.

7.11 An Affiliate is restricted from optimizing any page of their website(s) for keyword or keyword phrases that include any names, words and phrases that are or can be deemed to form part of a Client Brand in any format. This includes, but is not limited to, meta tags, headers and body content.

7.12 An Affiliate is restricted from purchasing or building off-site text links with anchor text for keyword phrases any names, words and phrases that are or can be deemed to form part of a Client Brand.

7.13 Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, chat rooms or through the use of bots. Commission Fees earned from traffic generated illegally or in contravention of these Terms will not be due and payable to an Affiliate. An Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of a Client Brand. An Affiliate shall not create, publish, distribute, or permit any written material that makes reference to any names, words and phrases that are or can be deemed to form part of a Client Brand without first submitting such material to Pala Interactive and receiving prior written consent, which shall not be unreasonably withheld.

7.14 An Affiliate agrees to cooperate fully with Pala Interactive in utilizing and maintaining links and other promotional tools as supplied by Pala Interactive. Furthermore, an Affiliate agrees to:

  A.Utilize the entire code for the banners, links and other promotional tools (including the tracking codes therein) and shall not in any way alter or remove any part of the code;

  B.Display on the Affiliate's website(s) only those graphical or textual images that are provided by Pala Interactive;

  C.Update such images with new images provided by Pala Interactive from time to time throughout the Term of this Agreement;

  D.Display such graphic and/or textual images prominently in relevant sections of Affiliate's website(s); and

  E.Remove any such graphic and/or textual images from an Affiliate website as directed by Pala Interactive from time to time throughout the Term of this Agreement.

 

7.15 Pala Interactive employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. The eDM guidelines and policies serve to protect the Client Brands, and email reputation with customers, Internet Service Providers (Google, AOL, Yahoo, Hotmail, etc.) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Affiliates that conduct unauthorized eDM communications advertising any of the Client Brands are subject to Pala Interactive placing their Affiliate account under review and withholding all funds otherwise due pending investigation. Classification of eDM communications that would be subject to review includes unsolicited email (spam), spamvertising and spoofing. By registering as an Affiliate, an Affiliate agrees to abide to Canada's Anti-Spam Legislation (CASL), CAN-SPAM, FTC and FCC regulations, and where applicable, the European Union General Data Protection Regulation (Regulation (EU) 2016/679), and employ best practices in all marketing email communications. An Affiliate further acknowledges and agrees that subscribers and customers may incur expenses in dealing with Spam-generated mail, and that Pala Interactive or its Clients may potentially incur legal expenses and penalties as a result of unauthorized third party email communications and in such event expenses will be deducted from the Affiliate's account. In such cases, Pala Interactive shall determine such amounts in good faith and Pala Interactive' determination will be deemed accepted by the Affiliate, and such amount will be collectable by law in accordance with this Agreement. Should these expenses not be covered by funds in the Affiliate's account Pala Interactive reserves the right to investigate alternative means for obtaining payment. For example: should the Affiliate's account have generated purchasing accounts Pala Interactive will hold payment of Commissions for these accounts until such a time as the account for damages has been cleared. Should the Affiliate's account be inactive and not be generating profit through Commission payments Pala Interactive reserve the right to demand payment from the Affiliate. Pala Interactive will seek criminal and contractual sanctions against any Affiliate and Affiliate Player involved in fraud, dishonesty or criminal acts. Pala Interactive will withhold Commissions due to an Affiliate where fraud, dishonesty or criminal acts are suspected. Affiliates agree to abide by the fraud policies of all of the Clients.

 

COMMISSION PAYMENTS

8.1 Pala Interactive will procure the payment of Commissions earned pursuant to clause 6 on a monthly basis in arrears and according to the applicable Commission structure.

8.2 Payment for the preceding month shall be processed by schedule below. If an Affiliate's Commissions earned do not exceed the minimum payout amount (see table under clause 6.9) in any given month, then payment will be carried over to the following month until they exceed the minimum balance.

Brand

Payment Date

CanPlayCasino.com

20 days after the last day of the Month

 

8.3 It is the Affiliate's responsibility to secure his/her account information. If the affiliate account is taken by others for any reason, and that Affiliate's Commission payments have been affected, Pala Interactive shall not be liable to pay again any Commission applicable to that affiliate account that has already paid out.

8.4 Any negative Net Gaming Revenue in any calendar month shall be carried forward to the subsequent month(s) and applied in determining the Net Gaming Revenue for Active Affiliate Players.

8.5 It is the Affiliate's responsibility to select the method of payment and to pay transaction fees associated with their selected payment. It is also the Affiliate's responsibility to ensure that the bank details saved in the system are complete and up-to-date by the end of the previous month. Unless otherwise stipulated, payment will be withheld.

8.6 All taxes due in connection with any payments to you are your sole liability. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from the Terms and for collecting and paying the income tax and social security contributions in respect of your staff, if you have any staff. If Value Added Tax (VAT) or any other sales tax or turnover tax is chargeable, you are responsible for complying with the rules, if any, for registering for the tax and collecting an paying tax in the country where the services are provided and you acknowledge that the payments that you receive shall be deemed to include all VAT or sales tax or turnover tax.

8.7 In the event that it is necessary to change amend the payment method or bank account details for receiving Commissions, Affiliates must submit new details at https://affiliates.palapartners.com/ and may be asked to provide supporting documentation at the sole discretion of the affiliate program. Pala Interactive shall endeavour to approve the change request, provided all supporting documentation is complete, by no later than one day before the end of the month for the payment to be made by the payment schedule outlined in clause 8.2 of the following month.

8.8 All amounts are calculated and paid in accordance with Pala Interactive' reasonable and good faith means of statistical analysis and customer tracking methods. Affiliates agree that Pala Interactive statistical analysis and customer tracking methods are accurate and reasonable and its calculations final.

8.9 If an Affiliate fails to display banners and text relating to banners of Clients in accordance with instructions from Pala Interactive, Pala Interactive shall have the right to withhold all Commission payments due to such Affiliate until Pala Interactive instructions have been followed.

8.10 If an Affiliate Player is banned from playing at a Client Website for any reason, and the relevant Client returns any deposited funds to the Affiliate Player, the Affiliate will not be entitled to any Affiliate Commissions earned by the Affiliate in respect of the revenues generated by such banned Affiliate Player. This could also be grounds for Affiliate account termination at the sole discretion of Pala Interactive.

8.11 If an Affiliate Player is being investigated for credit card, bank information or address verification, Pala Interactive will withhold payment of Commissions earned by the Affiliate in respect of revenues generated by such Affiliate Player until the investigation is completed.

8.12 Unless an Affiliate informs Pala Interactive, within 30 days of receipt of any Commission payment, of its belief that the Commission has been incorrectly calculated and the wrong amount been paid then the Affiliate is deemed to have accepted that the Commission paid to it has been calculated correctly.

8.13 Affiliate shall comply with all applicable federal, state, provincial, and foreign laws and regulatons in fulfilling its obligations under this Agreement. This shall include all privacy and data protection laws and regulations, including the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), CASL, and where applicable, the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (collectively, Data Protection Laws).

8.14 If Affiliate intends to share or transfer any personal or identifying information of a European Union resident with Pala Interactive, Affiliate shall provide Pala Interactive with written notice at least 10 days before such information is shared or transferred.

8.15 Affiliate shall indemnify and hold harmless Pala Interactive, its officers and directors, employees and its affiliates and their respective successors and assigns and each other person, if any, who controls any thereof, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation or regulatory action commenced or threatened or any claim whatsoever) arising out of or based upon Affiliate's violation of or non-compliance with any laws, including Data Protection Laws. Affiliate further agrees to pay all costs, fees, and expenses (including legal costs) that Pala Interactive may sustain or incur as a result of Affiliate's violation of or non-compliance with any laws, including Data Protection Laws.

8.16 Affiliate will cooperate with Pala Interactive in the event of any investigation or charges by an industry group or regulator, including investigations related to Data Protection Laws.

8.17 Affiliate shall protect any personal or confidential information using appropriate physical, administrative, and technical safeguards. In the event information under this Agreement in the control of Affiliate is accessed without authorization or otherwise compromised as a result of a security incident, Affiliate shall notify Pala Interactive within 24 hours of discovering the unauthorized access or incident.

 

WARRANTIES

9.1 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AN AFFILIATE FROM PALA INTERACTIVE OR IN RELATION TO THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. PALA INTERACTIVE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT PALA INTERACTIVE, ITS CLIENTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH PALA INTERACTIVE MAY MAKE TO THE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAM (OR ANY FEATURES WITHIN THE PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAM; (C) YOUR FAILURE TO PROVIDE PALA INTERACTIVE WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON PALA INTERACTIVE' LIABILITY ABOVE SHALL APPLY WHETHER OR NOT PALA INTERACTIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9.3 YOU WARRANT THAT YOU SHALL ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS IN PERFORMING YOUR OBLIGATIONS UNDER THIS AGREEMENT. YOU FURTHER WARRANT THAT YOU SHALL NOT TRANSFER NO trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancel bots or other similar computer programming virus to PALA INTERACTIVE, the clients, or any client brand AT ANY TIME.

 

MISCELLANEOUS

10.1 This Agreement constitutes the whole agreement between an Affiliate and Pala Interactive in relation to its subject matter.

10.2 An Affiliate agrees that if Pala Interactive does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Pala Interactive has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pala Interactive' rights and that those rights or remedies will still be available to Pala Interactive.

10.3 An Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of Pala Interactive. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against an Affiliate and Pala Interactive and their respective successors and assigns. Should an affiliated website be sold, that website's existing sheet of players will not necessarily become property of the new ownership and treatment of such players shall be in the sole discretion of Pala Interactive.

10.4 Pala Interactive and the Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties or with any client. The Affiliate will have no authority to make or accept any offers or representations on behalf of Pala Interactive or any Client. The Affiliate will not make any statement, whether on its site or otherwise, that states or implies that the Affiliate has the authority to represent Pala Interactive or any client.

10.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

10.6 The Agreement, and an Affiliate's relationship with Pala Interactive under the Agreement, shall be construed and enforced with, and the rights of the parties shall be governed by, the laws of Ontario, Canada, without regard to its conflict of laws provisions. Each of the parties hereto hereby irrevocably attorns to the exclusive jurisdiction of the courts of the province of Ontario. Notwithstanding this, the Affiliate agrees that Pala Interactive shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

10.7 This Agreement and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and/or assignees of Pala Interactive.

10.8 Third-Party Rights. Except insofar as these Terms expressly provides that a third party may in their own right enforce a term of these Terms, a person who is not a party to these Terms has no right under local law or statute to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or statute.

10.9 No Waiver of Tribal Sovereign Immunity. The Pala Band of Mission Indians, a federally recognized Indian Tribe (theTribe), is Pala's majority shareholder. It is understood and agreed that any suit, action, proceeding and/or legal process of any type whatsoever arising out of these Terms against us will be expressly limited to Pala Interactive LLC, and the recovery of any monetary damages upon any settlement, arbitration, decision or judgment resulting therefrom shall be limited solely to recovery against the assets of Pala Interactive LLC. The Tribe itself is not subject to jurisdiction of state or federal court, and does not waive its sovereign immunity in any respect, nor under any circumstances is there a waiver of any immunity of any elected or appointed officer, official, member, manager, employee or agent of the Tribe. Accordingly, in the event of any dispute, whether in the context of any arbitration or alternative dispute resolution or court proceeding between us and you, we will not assert application of any tribal laws, any requirements of following tribal court procedures, or sovereign immunity.

10.10 LIMITATION OF LIABILITY. Our obligations under the Terms do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or supplier of the Site or Services. In no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits, goodwill or data or any compensation, reimbursement, or damages arising in connection with any termination of the Terms or your participation in the Program. Our liability arising under the Terms, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to you in relation to the Client Websites that the dispute related to over the previous 12 months at the time that the event giving rise to the liability arises. You are solely responsible for any websites that you use to provide the affiliate services described herein, including their development, operation, and maintenance, and all materials that appear on it, and we shall have no liability for your website or for any of your end users' claim relating to your website.

IN WITNESS WHEREOF, the Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the Submit button on the Affiliate Registration Form page.

Start earning today! Join the Pala Interactive Affiliate Program.

If you have any questions, contact affiliates@palainteractive.com.

 

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Pala Interactive Program Terms of Service for Promoting Stardust Casino in New Jersey

Pala Interactive LLC is licensed by the New Jersey Division of Gaming Enforcement as an internet gaming operator in New Jersey.

The Terms of Participation include all terms and conditions regarding your application and, if approved, subsequent participation in the Pala Affiliate Program unless we advise you otherwise.

Any changes to the Terms of Participation will be communicated to you in accordance with Section 1.4 of this Terms of Participation.

FOREWORD

IMPORTANT: PLEASE READ THIS TERMS OF PARTICIPATION CAREFULLY BEFORE ACCEPTING THE TERMS OF PARTICIPATION, THEN STORE ALONG WITH ALL CONFIRMATION EMAILS REFLECTING YOUR TRACKER IDs, BONUS CODES, AND FEES.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF PARTICIPATION (OR ARE NOT AUTHORIZED TO DO SO) YOU MAY NOT JOIN OUR AFFILIATE NETWORK OR, IF YOU HAVE ALREADY JOINED OUR AFFILIATE NETWORK, YOU MUST EMAIL US AT

 affiliates@palainteractive.com TO TERMINATE IN ACCORDANCE WITH SECTION 5.2 OF THIS TERMS OF PARTICIPATION. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS PLEASE CONTACT US AT THE SAME EMAIL ADDRESS. This

agreement and your completed Affiliate Application and any other guidelines or additional terms we provide to you via email or on our site (together, the “Terms of Participation”) contain the complete terms and conditions that apply to your participation in the www.nj.stardustcasino.com online affiliate network (the “Affiliate Network”).

In the event there is a conflict between the Terms of Participation and any other additional terms, the Terms of Participation shall take precedence unless such additional terms expressly reference variation to the Terms of Participation.

Your attention is drawn to our Privacy Policy, which can be found at https://nj.stardustcasino.com/terms-nj , which describes how we deal with and protect your personal information. By accepting the Terms of Participation, you are also acknowledging and accepting the Privacy Policy. In the event of any conflict between the Terms of Participation and the Privacy Policy, the Privacy Policy shall control.

Where used in the Terms of Participation, references to:

  • “you”, “your” and/or “Affiliate” mean the individual or entity party to this agreement, which must be the same individual or entity that applied as the “BENEFICIARY” for payment purposes on our Affiliate Application form as submitted at our website (“Affiliate Application”) or such other individual or entity as mutually agreed between you and
  • “Pala”, “we”, “our”, “us”, and/ or “pala affiliate program” means Pala Interactive LLC, a California limited liability company, d/b/a Pala Interactive, located at 6465 S. Rainbow Blvd.Las Vegas, NV 89118 USA, and, if the context requires, the Group (or an applicable member of the Group) as defined in Section 2.6

The purpose of the Affiliate Network is to permit you to advertise one or more Sites on your website (or otherwise online or offline as agreed to by you and us in writing) and earn Fees based upon the Real Money Players you refer to the Site(s) (the “Referral Services”), in accordance with the terms and conditions of the Terms of Participation.

1. GENERAL

  • The Terms of Participation shall govern our relationship with you in connection with the Affiliate Network for the Sites and modifies, replaces, and supersedes any previous affiliate program you have entered into with us, or a member of the Group in connection with the Site you are
  • When you indicate your acceptance of these terms and conditions in this agreement. YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THE TERMS OF PARTICIPATION (as amended or modified from time to time in accordance with Section 1.4 below).
  • You are providing, under the Terms of Participation, Referral Services to us, as an independent contractor. Neither party to the Terms of Participation is an agent, representative or partner of the other Party. You shall have no right, power, or authority to enter into any agreement for or on behalf of, or incur any obligation or liability on behalf of, or to otherwise bind, us. The Terms of Participation shall not be interpreted or construed to create an employment relationship, an association, agency, joint venture or partnership between us and you or to impose any liability attributable to such a relationship upon either party. You expressly agree that, as an independent contractor, you are not entitled to any employee benefits from use, including, without limitation, any employer withholdings or liability for: taxes, FICA, Medicare or Medicaid; medical or disability insurance; vacation or leave; pension; unemployment insurance; or worker’s compensation insurance (collectively, “Employee Benefits”). To the maximum extent permitted by law, you hereby waive all claims against us (and any member of our Group) for any Employee
  • We may modify any of the terms of the Terms of Participation at any time, in our sole discretion, by emailing you a change notice. Except in the case of modifications relating to fraud prevention, where there is a mistake in the Terms of Participation, or as required to comply with applicable law (discussed below), which shall be effective on the date of posting or the sending of such notice (whichever is the earlier), all other modifications to the Terms of Participation will only take effect FIVE (5) days after sending of any such notice. It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Terms of Participation and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THE TERMS OF PARTICIPATION. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE NETWORK FOLLOWING SUCH FIVE (5) DAY PERIOD WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.
  • Youhereby acknowledge that we may unilaterally terminate, vary or transfer the Terms of Participation at any time. Without limiting the generality of the foregoing, to the extent that we need to alter the terms of this Terms of Participation to comply with applicable laws, rules, and regulations, including, without limitation, New Jersey gaming laws and regulations, any such terms shall be revised and become effective immediately.
  • From time to time we may contact you with information regarding specific promotions, unless you notify us otherwise, you will be deemed to have agreed to take part in such promotion and the terms of such promotion shall be incorporated into the Terms of Participation for the duration of such
  • You acknowledge and agree that in certain situations a different member of the Group may need to perform obligations under the Terms of Participation and you hereby consent and agree to other Group parties fulfilling such parts of our obligations as is necessary in order for us to comply with the terms of the Terms of Participation and for us to share such information about you to such other Group entities for this
  • Currently the Site offered within the Affiliate Network is nj.stardustcasino.com/,. If you elect to promote njstardustcasino.com and any other site designed by us (collectively, the “Pala Interactive Gaming Sites”) as all or part of your Referral Services, you must complete the Affiliate Application prior to promoting the Pala Interactive Gaming Sites. Please note that if you fail to complete the Registration Process or the New Jersey Division of Gaming Enforcement rejects your application for an Ancillary Casino Service Industry Enterprise (ACSIE) license or Vendors Permit, you shall not be entitled to promote the Pala Interactive Gaming Sites or to receive any Fees in respect of Real Money Players’ play on the Pala Interactive Gaming

2. DEFINITIONS AND INTERPRETATION

In the Terms of Participation, references to the following words shall have the meanings set out below:

  • “Affiliate Cashier Account” means the account into which you receive payment from us. All amounts payable are paid into Affiliate Cashier Accounts, unless specifically agreed
  • “Affiliate Area” means the area of the website that is accessible to you (you may need to access some parts of this area by logging on with the security code we assigned to you when you signed up as a participant in the Affiliate Network and associated password) and that provides certain ‘members only’ functionality, including facilities to check relevant statistics, update your profile, create additional Tracker IDs and bonus codes, select banners and/or text links.
  • “Banners” and “Text Links” means the graphical artwork or text that includes Tracker IDs and bonus codes and tournament feeds (RSS) that are made available by us in the Affiliate Area and that you may use to connect players to our Services from your website (or other electronic method) or using other
  • “Fees” is the amount due and payable to you, as calculated based solely on our system’s data and in accordance with the terms and conditions of this Terms of
  • “Fraud Traffic” means deposits, revenues or traffic generated on the Services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including but not limited to: deposits generated on stolen credit cards; collusion, manipulation of the service or system, bonuses or other promotional abuse; creation of false accounts for the purpose of generating Fees; unauthorized use of any third-party accounts, copyrights, trademarks and other third-party Intellectual Property Rights (that, for the avoidance of doubt, include our Intellectual Property Rights); and, any activity that constitutes Fraud Traffic under 3.7 or 3.9
  • “Group” means Pala Interactive LLC, any subsidiaries, or any parent companies of Pala Interactive
  • “Intellectual Property Rights” means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration), know-how, and trade secrets and all other industrial, proprietary, and intellectual property rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals
  • “Materials” means Banners and Text Links and any other materials (that may include Our Marks) that have been provided or otherwise made available to you by us and/or pre-approved by
  • “Our Marks” means the words ‘Stardust Casino’, ‘Pala’, Pala Interactive’, and/ or any other name or mark owned from time to time by us or any company within the
  • “Player(s)” means any person using any products or services on our Sites whether attached to your Tracker ID or
  • “Player Account” means a uniquely assigned account that is created for a Player when he/she successfully registers for the Services via a Tracking URL or Sign-up Bonus
  • “Registration Process” means the process whereby you:
  1. provide all information we request in the Affiliate Application and any additional information we may request from you from time to time. We will use this information for our own internal records and, if we determine that you must be vendor registered, to complete for filing with the New Jersey Division of Gaming Enforcement; a Vendor Registration Form; and
  2. upon our request either (i) complete a Supplementary Vendor Registration form and mail a hard copy of this form to the New Jersey Division of Gaming Enforcement at the address set out in the form within 30 days of completing the Affiliate Application or (ii) file a complete application for an ACSIE
  • “Real Money Player(s)” means any person who is attached to your Tracker ID who: (i) is eligible to open a user account at a Site but has not previously done so; (ii) through one of the Tracker ID(s) is brought to a Site; (iii) completes the registration process for a new user account at a Site including agreeing to all end-user agreements then in place, and makes a minimum deposit of $50; and (iv) has adequately fulfilled any other qualification criteria that we may introduce from time to time. Notwithstanding any other provisions contained elsewhere in this Terms of Participation, we reserve the right to alter the above-mentioned qualifying criteria at any time by placing notice on the
  • “Services” means any product or service offered to Players on our
  • “Sign-up Bonus Code” is a unique alphanumeric code that we may make available to you to provide to prospective Players. When entered, the system automatically logs the Sign-up Bonus Codes and records you as the Affiliate in relation to the relevant
  • “Sites” means the websites and any other online site or platform that are owned, operated, or controlled by or on behalf of us or the Group from time to time and each of its related pages through which a Player opens a Player Account and/or accesses our Services, including, without limitation, the Pala Interactive Gaming
  • “Term” means the period from the date that you acknowledge and accept the terms of this document by indicating such acceptance on the Affiliate Sign-up Form, until such time as the Terms of Participation expire or are terminated per Section 5
  • “Tracker ID(s)” means the unique Tracking URL or Sign-up Bonus Codes that we provide exclusively to you, through which we track Players’ and Real Money Players’ activities and calculate Fees.
  • “Tracking URL” means a unique hyperlink or other linking tool for referencing our Site or Services through which you refer potential Real Money Players. When the relevant Player opens their Player Account, our system automatically logs the Tracking URL and records you as the
  • “Website(s)” means our affiliate website located at the URL affiliates.palapartners.com and at any URL with which we replace such URL from time to time (and such other web addresses including RSS feeds that are owned, operated or controlled by or on behalf of us from time to time and that make available such website) and each of its related
  • In the Terms of Participation (except where the context otherwise requires):
  1. The Section headings are included for convenience only and shall not affect the interpretation of the Terms of Participation;
  2. Any phrase introduced by the terms “including”, “include” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
  3. Any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists);
  4. Any reference to a statute, statutory provision, ordinance, subordinate legislation, code or guideline (“law”) is a reference to that law and all other subordinate law made under the relevant law as amended and in force from time to time and to any law that re-enacts or consolidates (with or without modification) any such
  • This Terms of Participation is drafted in the English language. If this Terms of Participation is translated into another language, the English language text shall in any event
  • All amounts are calculated in United States

3. TERMS & CONDITIONS

  • Identity and Disclosure. You shall provide true and complete information to us when completing the Affiliate Application and Supplementary Vendor Registration form and promptly update such information if all or any part of it changes. You shall also provide us with such other information as we may reasonably request from time to
  • Referral Services. To participate in the Referral Services, you shall place Materials that include links to our Sites on your website(s). You will be solely liable for the content and manner of the Referral Services you provide to us. All such Referral Services shall be provided in a professional, proper and lawful manner, in compliance with applicable rules, regulations or laws (including any laws relating to the content and nature of any advertising or marketing) and the terms of this Terms of Participation. You shall not yourself, nor shall you authorize, assist or encourage any third party to:
  • Place Materials on any online site or other medium where the content and/or material on such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, in our sole discretion otherwise unsuitable;
  • Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing of us, the Sites and/or the Website to any persons who are less than 21 years of age, regardless of the age of majority in the location where you are marketing;
  • Use Materials in a manner that may potentially confuse a Player or potential Player;
  • Place Materials on any online site or other medium where the content and/or material on such online site or medium:
  1. Infringes or aids in the infringement of the Intellectual Property Rights of any third party;
  2. Copies or resembles the Site in whole or in part;
  3. Disparages us or otherwise damages our goodwill or reputation in any way, or
  4. Frames any page of the Site in whole or in part;

Your ‘copyright infringement policy’ shall provide that either (i) on receipt of a takedown notice from a rights holder, (ii) where an independent third party puts you on notice that content contained on your site is infringing the intellectual property of a third party or (iii) where you

reasonably suspect that any of the material on your website infringes the intellectual property of a third party, you shall immediately remove the infringing material from your website. Failure to remove any infringing content from your website shall be deemed a material breach of the Terms of Participation which is incapable of remedy and we reserve the right to suspend or terminate any of your Tracker IDs or to terminate our relationship with you in its entirety, immediately without notice.

  • Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person;
  • In any way alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof;
  • Register as a Player on behalf of any third party, or authorize or assist (save by promoting the Site and Services in accordance with the Terms of Participation) any other person to register as a Player;
  • Offer any so-called rake-back or similar schemes that offer or allow a proportion of the player’s fees to be returned to the player in any form;
  • Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site or service on which any functions or transactions are occurring;
  • Cause any of the Sites (or any parts or pages thereof) to open in a visitor’s browser or anywhere else used for accessing the Services other than as a result of the visitor clicking on Banners or Text Links contained in or as part of any Materials;
  • Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in our Affiliate Network;
  • Use any means to promote any of the Sites that resemble in any way the look and/or feel of any of the Sites whether in whole or in part, nor utilize any such means or site to create the impression that such sites are the Sites (or any part of the Sites);
  • Violate the Terms of Participation and any applicable policies of any search engines or the customer feedback facilities of e-tailers;
  • Attempt to communicate to Players whether directly or indirectly on our Sites to solicit them to move to any online site not owned by us or for other purposes without our prior approval including but not limited to via email, chat boards, or spamming our tables; or
  • Attempt to market or promote our Services (or any specified part thereof) or Sites (or specific Site) within territories which are restricted; to attempt to circumvent any restriction which we have put in place to prevent players from restricted territories from signing up as Real Money Players; or attempt to disguise the geographical location of a

If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any Fees and/or terminate this relationship immediately on notice.

  • Approved Materials. In providing the Referral Services, you shall only use the Materials. You shall not modify the Materials or Our Marks in any way without our prior written consent. You shall only use the Materials in accordance with the terms of this Terms of Participation, any guidelines we provide to you on our Site or otherwise from time to time, and any applicable laws. We may charge you for the cost of any customized promotional materials provided to you at your request and such costs may be deducted from your Fees. Subject to the terms and conditions of this Terms of Participation, we grant you a limited, revocable, non-exclusive, non- transferable, non-sub-licensable right and license to use the Materials (and Our Marks solely to the extent Our Marks are contained within the Materials) for the sole purpose of providing the Referral Services. You agree that all use by you of Our Marks as contained in the Materials; inures to our sole benefit and that you will not obtain any rights in Our Marks as a result of such use.
  • Competitive Marketing. You shall not market the Site and/or use or our Services or Our Marks in any way whatsoever, (i) on any website on which we promote any of the Sites; (ii) by using pay per click and/or search engine optimization marketing techniques in order to target Our Marks or keywords associated with Our Marks or other keywords which are confusingly similar to Our Marks; (iii) in any other manner that results in you competing with us in relation to the promotion of any of the Sites; or (iv) otherwise where we request that you cease the
  • Non Assignment. You acknowledge and agree that Tracker IDs are for your sole use and you shall not assign or sub-license (as appropriate) the Tracker IDs, Bonus Codes nor any Fees to any third party without our prior written
  • Commercial Use Only. This marketing opportunity is for commercial use only. You shall not register as a Player or make deposits to any Player Account (directly or indirectly) through your Tracker ID(s)) for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the Fees payable to you or to defraud us. Violation of this provision shall be deemed to be Fraud
  • Player Information. We reserve the right to refuse service to any potential Player and to close the Player Account of any Player, at any time, in our sole discretion. All data relating to the Players shall, as between you and us, remain our exclusive property and you acquire no right to such information except pursuant to our express written
  • Trademarks and Domain Names. You acknowledge that we and/or companies within our Group and/or its licensees, own all Intellectual Property Rights comprised in any and all of the Materials, our Services, the Site and Our Marks. Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of Our Marks (other than in accordance with the Terms of Participation) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic. By way of example, but without limitation, YOU MAY NOT REGISTER A DOMAIN NAME THAT INCLUDES OUR MARKS OR MARKS CONFUSINGLY SIMILAR TO OUR MARKS. You shall not register or attempt to register Our Marks, or any trademarks or names that contain, are confusingly similar to or are comprised of Our Marks. You hereby agree to immediately transfer any domain names and assign any trademark applications or registrations or common law rights, hold or control for Our Marks or marks confusingly similar to Our Marks. You further agree not to attack or challenge our ownership of and title to Our Marks in any
  • No Group Employees. If you are an officer, director, employee, consultant or agent of the Group or suppliers or vendors, you are not permitted to participate in the Affiliate Network or to

use directly or indirectly any of the Sites, other than in the course of your employment as a Group employee. Similarly, ‘relative’ of Group employees are not permitted to participate in the Affiliate Network or to use directly or indirectly any of the Sites. For these purposes, the term ‘relative’ shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.

  • If you provide us with suggestions, reviews, modifications, data, images, text, or other information or content about our Services, our Materials, or otherwise in connection with the Terms of Participation (collectively, “Your Submission”), you hereby grant us (even if you have designated Your Submission as confidential) a perpetual, royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; and (c) sublicense or transfer the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s intellectual property, privacy or publicity rights.

4. REPORTS & PAYMENTS

  • We will track and report Player activity for purposes of calculating your Fees. The form, content and frequency of the reports may vary from time to time in our sole discretion. Generally, you will receive a monthly report with your payment indicating the number of new Real Money Players that signed up that month per Tracker ID and/or the total amount due to you after any deductions or set offs that we are entitled to make under the Terms of Participation. In addition, daily reports may be available online for you to view new Real Money Players per Tracker ID. We hereby exclude any and all liability for the accuracy or completeness of any such reports.
  • Subject to Section 4.4 below, Fees will be paid to you on a calendar month basis after you have completed the registration process and/or where we have activated additional Tracker IDs.
  • Minimum Payment and Time of Payment. All Fees will be paid into your Affiliate Cashier Account within fifteen (15) days of the close of each calendar month. We may impose reasonable restrictions on the frequency and amounts that can be cashed out of your Affiliate Cashier Account for administrative convenience and/or to protect the security of your
  • Holdover for Fraud Traffic. In the event that, in our sole discretion, we suspect any Fraud Traffic, then we may delay payment of the Fees to you for up to one hundred and eighty (180) days while we investigate and verify the relevant transactions. We are not obligated to pay Fees in respect of Real Money Players who, in our sole discretion, are not verifiably who they claim to be or are otherwise involved with Fraud Traffic. In the event that we determine any activity to constitute Fraud Traffic, or to otherwise be in contravention of the Terms of Participation, then in our sole discretion we may: (i) pay the Fees in full, (ii) recalculate them in light of such suspected Fraud Traffic and/or (iii) forfeit your future Fees in respect of Fraud Traffic (as appropriate).
  • Method of Payment. All payments to you will be due and payable in United States Dollars. Payment will be made by check, wire, ACH or any other method as we in our sole discretion decide; however, we will use reasonable endeavors to accommodate your preferred payment method. Charges for wires or courier charges for checks will be covered by you and deducted from your Fees. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your Affiliate Cashier Account.
  • Player Tracking. You understand and agree that potential Real Money Players must link through using your Tracker ID or use your sign-up bonus code in order for you to receive Fees. In no event are we liable for your failure to use Tracker IDs or for potential Real Money Players’ failure to properly enter valid Sign-up Bonus Codes. Notwithstanding any other provision herein, we may at any time and in our sole discretion alter our tracking system and reporting
  • Inactive Players. In the event a Real Money Player is inactive for a period of 180 days, such Real Money Player will no longer be assigned to you, and may be re-acquired by another affiliate.
  • Payment Disputes. If you disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be received within thirty (30) days of our making available your monthly report or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Further, deposit of payment check, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement of Fees due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of your Fees, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to
  • Money Laundering. You shall comply with all applicable laws and any policy notified by us through our website or otherwise in relation to money laundering and/or the proceeds of crime.
  • All taxes due in connection with any payments to you are your sole liability. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from the Terms of Participation and for collecting and paying the income tax and social security contributions in respect of your staff, if you have any staff. If Value Added Tax (VAT) or any other sales tax or turnover tax is chargeable, you are responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided and you acknowledge that the payments that you receive shall be deemed to include all VAT or sales tax or turnover tax.
  • Commission Rate. You will be entitled to earn a fixed CPA (cost per acquisition) for each Real Money Player

A monthly commission cap is set at $5000 (this can be negotiated with the affiliate manager via email communication). Affiliate can monitor the commission in the affiliate portal or reach out to the affiliate manager by email and stop sending traffic once the maximum commission cap is reached. Any commissions above this limit in the given month will not be paid.

In case of revenue share commission, the following formula is used to calucate the net gaming revenue:

TOTAL NGR = (Sportsbook Gross Revenue + Casino Gross Revenue) - 17.5% Taxes – 25% Admin Fee (processing) - Bonus - Chargebacks - Additional deductions

Notwithstanding the foregoing, if after 120 days of joining the Affiliate Network, you have not referred a satisfactory number of Real Money Players to the Sites, as determined by us in our sole discretion, we may reduce the above commission rates upon written notice to you in accordance with Section 1.4.

4.12 All payments under the Terms of Participation are subject to adjustment in accordance with the following provision. You agree that in the event that a relevant tax or regulatory authority seeks to recover taxes in any given market that were not originally deducted in the calculation of Fees due to you, then these tax payments will be applied retrospectively to calculate the payments that should have been made to you in the event that these taxes had been deducted. The difference between this and the actual payments made to you under the Terms of Participation will become a liability of you and will be subject to repayment within 30 days of receipt of an invoice, or on such time period as otherwise agreed by us. Alternatively, and at our sole discretion, we may set-off any repayment against any Fees payable to you under the Terms of Participation and we shall notify you if we make such as set-off. Notwithstanding the foregoing, the Parties agree that we shall be entitled to deduct any overpayment from subsequent Fees in order settle such overpayment.

Where it is agreed by us that you will be entitled to submit invoices for payment of the Fees, as opposed to having those Fees paid directly to your Affiliate Cashier Account, those invoices must be sent to us, Pala Interactive, located at 6465 S. Rainbow Blvd.Las Vegas, NV 89118 USA

5. TERM AND TERMINATION

  • Term and Termination. The Terms of Participation will take effect when you indicate your acceptance of these terms and conditions on the Affiliate Application and continue until terminated in accordance with the terms of this Terms of Participation.
  • Termination By You. You may terminate your participation in the program, with or without cause, immediately upon written notice to us by sending an email marked “Affiliate termination from stardustcasino.com” to affiliates@palainteractive.com. For the avoidance of doubt, termination of our relationship will end your participation in the Affiliate Network as a whole. You may not terminate any Site in isolation. In the event that you elect to terminate your participation in the program, you must withdraw all monies in your Affiliate Cashier Account within thirty (30) days of sending the above-mentioned email. If such monies have not been withdrawn by such time then they shall be deemed forfeited and shall revert to us.
  • Termination By Us. We may terminate your participation in the program, or without terminating our relationship as a whole, any specific Tracker IDs or with respect to certain Sites, with or without cause at any time, immediately upon written notice to you that we may send by email to such email address you have provided to us or by fax to such fax number you may have provided to us. In the event we terminate your participation in the program as a whole, we shall be entitled to automatically render any Tracker IDs inoperative. For the avoidance of doubt, on termination of our relationship you will no longer receive any Fees. If we terminate a specific Tracker ID, you will no longer receive any Fees through that Tracker ID; however, your remaining Tracker IDs will not be
  • Suspension By Us. In any circumstance where we are entitled to terminate your participation in the program or terminate any specific Tracker ID, we may at our sole discretion and without prejudice to our further rights and remedies, suspend your participation in the program or any specific Tracker ID. During the period of any suspension, we may withhold the payment of any Fees that relate to any affected Tracker IDs. Payment of any withheld Fees will be made to you on the lifting of the suspension.
  • Effect of Termination. Immediately upon termination of your participation in the program:

You shall stop promoting the Sites and all rights and licenses given to you under the Terms of Participation will terminate immediately. You shall return all confidential information and cease all use of Our Marks and the Materials. We may leave open, redirect or deactivate any Tracker IDs and/or Tracker URL’s in our sole discretion without any obligation to pay you for Players who subsequently become Real Money Players.

Provided that we have paid or do pay to you such sums as are due at the date of termination and that shall be subject to any rights we have to make deductions hereunder, we will have no further liability to pay you any further sums.

Sections 1, 2, 5, 6, 7 and 8 and such other provisions as are necessary for the interpretation or enforcement of the Terms of Participation shall survive any termination or expiry of the Terms of Participation.

6. LIABILITIES

  • No Warranties. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR, OUR AFFILIATES, EMPLOYEES AND AGENTS IMPLIED BY LAW, STATUTE OR OTHERWISE) RELATING TO THE AFFILIATE NETWORK, OUR SITES, OUR WEBSITE, OUR MATERIALS, OUR MARKS OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE, OR THAT OUR SITES, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE WILL BE ERROR-FREE OR UNINTERRUPTED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY ACKNOWLEDGE THAT THE SITES, THE WEBSITE AND/OR THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SITES, THE WEBSITE OR THE SERVICES CAUSED BY SUCH FACTORS. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
  • Billing and Collection Limitations. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your Tracker ID certain Real Money Players, deposits or play patterns or reject the applications of potential Real Money Players and/or Affiliates so as to reduce the number of fraudulent, unprofitable transactions or for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.
  • Liability Limitations. Our obligations under the Terms of Participation do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Site or Services. In no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits, goodwill or data or any compensation, reimbursement, or damages arising in connection with any termination of the Terms of Participation or your participation in the Affiliate Program. Our liability arising under the Terms of Participation, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to you in relation to the Site(s) that the dispute relates to over the previous 12 months at the time that the event giving rise to the liability arises. You are solely responsible for any websites that you use to provide the Referral Services, including their development, operation, and maintenance, and all materials that appear on it, and we shall have no liability for your website or for any of your end users’ claims relating to your website.
  • You shall defend, indemnify and hold us and our Group, and our and their respective affiliates, officers, directors, employees and representatives, and all of our successors and permitted assigns, harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from: (i) your breach of the Terms of Participation; (ii) your website and any materials that appear on your website (excluding the Materials); (iii) your violation of applicable laws, rules and regulations: and (iv) your negligence or willful misconduct
  • Set off. Without prejudice to any other rights or remedies available to us under the Terms of Participation or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any liability of you to us, including any claims we have against you resulting from or arising from, your breach of the Terms of Participation.

7. INDEPENDENT INVESTIGATION

  • Independent Investigation. YOU WARRANT THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING THE SITE OR SERVICES.
  • Independent Research. YOU UNDERSTAND THAT GAMBLING LAWS MAY VARY FROM CITY TO CITY, STATE TO STATE AND COUNTRY TO COUNTRY. YOU WARRANT THAT YOU HAVE INDEPENDENTLY EVALUATED THE LAWS THAT APPLY TO YOUR ACTIVITIES AND BELIEVE THAT YOU MAY PARTICIPATE IN OUR AFFILIATE NETWORK WITHOUT VIOLATING ANY APPLICABLE RULES OR

8. MISCELLANEOUS

  • All notices pertaining to the Terms of Participation will be given by email as follows: to you at the email address provided by you on the Affiliate Application (or as subsequently updated by you to us in the event of change), and to us at our email address set forth herein. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four (24) hours from the time of transmission.
  • Non-Exclusive. You understand that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you in the Terms of Participation and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from any of the Sites to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.
  • Confidentiality and Non-Disclosure. As an Affiliate, you may receive confidential information from us, including confidential information as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. You shall not disclose this information to third parties or use such information other than for the purposes of the Terms of Participation without our prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).
  • You may not issue any press release or other communication to the public with respect to the Terms of Participation, Our Marks or your participation in this Affiliate Network without our prior written consent You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by the Terms of Participation.
  • Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with the Terms of Participation or any rights under the Terms of Participation, or sub-contract any or all of your obligations under the Terms of Participation, or purport to do any of the same. Any purported assignment in breach of this Section shall confer no rights on the purported assignee.
  • Governing Law. The Terms of Participation (including any variation or modification thereto) shall be governed by and construed in accordance with the laws of New Jersey without giving effect to conflicts of law principles. You irrevocably agree that, subject as provided below, the courts of New Jersey shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning the Terms of Participation or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum. Nothing in this Section shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
  • Whenever possible, each provision of the Terms of Participation will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of the Terms of Participation is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of the Terms of Participation or any other provision hereof.
  • Entire Agreement. The Terms of Participation embodies the complete understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to the Terms of Participation provided by us to you in accordance with Section 1.4 above. Each of the parties acknowledges and agrees that in entering into the Terms of Participation, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the Terms of Participation or not) other than as expressly set out in this Terms of Participation. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this Section, it might otherwise have had in relation to any of the foregoing. Nothing in this Section shall limit or exclude any liability for fraud.
  • Third-Party Rights. Except insofar as the Terms of Participation expressly provides that a third party may in their own right enforce a term of the Terms of Participation, a person who is not a party to the Terms of Participation has no right under local law or statute to rely upon or enforce any term of the Terms of Participation but this does not affect any right or remedy of a third party that exists or is available apart from under that local law or
  • No Waiver By Us. If there is a breach of any provision of the Terms of Participation, it shall not be considered as a waiver of any subsequent breach of the same or any other

IN WITNESS WHEREOF, the Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the Submit button on the Affiliate Registration Form page.

If you have any questions, contact affiliates@palainteractive.com.