Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
These Terms and Conditions will apply to all Affiliates who register on the Website to participate in Affiliate Programmes available on the Network.
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
“Affiliate” means you, the person who registers on the Website.
“Affiliate Guidelines” means the best practice guidelines for affiliates published by Mandalay Gaming Holdings from time to time of which the current guidelines are set out in the schedule to these Terms and Conditions.
“Affiliate Management Area” means the reporting interface available on the Website.
“Affiliate Programme” means any affiliate programme available on the Network and where the context admits shall include the provisions described or contained in the Operator’s terms and conditions.
“Affiliate Site” means the Affiliate’s website, blog, forum, voucher code, email list or other mechanism or method designed or intended to refer Customers to Operators.
“Agreement” means the contract between Mandalay Gaming Holdings and the Affiliate of which these Terms and Conditions shall form an integral part.
“Approved Transaction” means the first purchase of services or other Customer-initiated action as specified in the Affiliate Programme.
"All Ignite Bingo brands" means any brand, as but not limited to the below, that is represented by Ignite Bingo and its affiliates:
- Angry Bingo
- Bringo Bingo
- City Bingo
- Costa Bingo
- Costa Games
- Crocodile Bingo
- DeepSea Bingo
- Dino Bingo
- Fancy Bingo
- Fantastic Spins
- Farmyard Bingo
- Frozen Bingo
- Giant Bingo
- KingdomOf Bingo
- Monkey Bingo
- RealDeal Bingo
- Rewind Bingo
- Rio Bingo
- Season Bingo
- Sing Bingo
- SkyHigh Slots
- Slot Crazy
- Slots Force
- Sparkly Bingo
- SweetShop Bingo
- Treasure Bingo
- Wish Bingo
“Code” means the code of best practice on the use of online voucher codes, as amended from time to time, published by the International Advertising Bureau ( www.iabuk.net/en/1/iabsaffiliatemarketingcouncillaunchescodeofbestpractice110808.mxs ).
“Commencement Date” means the date on which Mandalay Gaming Holdings gives notice to the Affiliate that registration on the Website has been successful.
“Commission” means the fees due to Affiliate in accordance with this Agreement.
“Competent Authority” means any governmental, judicial or regulatory authority having jurisdiction over this agreement, any of the parties hereto or any activity of any of the parties hereto.
“Confidential Information” means the Agreement and all communications, materials and information, whether written, electronic, visual, or oral supplied to or obtained by either party from the other pursuant to the Agreement.
"CPA = Commission Per Acquistion". The commission paid per depositing player referreed by an affiliate/publisher. The network will set the CPA and reserves the right to change this periodically to fot the commercial needs of the network or individual merchant. All affiliates/publishers will be informed of any CPA changes at least five (5) working days before changes come into affect.
“Net Revenue” is defined as fundings (purchases) minus payouts, chargebacks and license fees where applicable.
“Customer” means a client, customer, player or user referred by the Affiliate to an Operator via the Link.
“Fraud Traffic” means deposits or transactions generated from Customers through illegal means or in bad faith regardless of whether or not it actually causes damage to Mandalay Gaming Holdings or an Operator.
“Intellectual Property” means proprietary rights in all intellectual property whether registered or not including, without limitation, trade marks, trading, business or domain names, email addresses, copyrights (including any such rights in websites or software), rights in databases and all other intellectual property rights of a similar or corresponding character, which subsist now or in the future in any part of the world.
“Mandalay Gaming Holdings” means Mandalay Gaming Holdings Limited a company incorporated in Isle Of Man whose registered office is at First Floor, Millennium House, Victoria Road, Douglas, Isle of Man, IM2 4RW.
“Link” means the link Mandalay Gaming Holdings supplies to the Affiliate for inclusion on the Affiliate Site which when clicked on by a Customer identifies that the Customer has been referred by the Affiliate and the relevant Affiliate Programme.
“Network” means the Mandalay Gaming Holdings affiliate network operated via the Website.
“Operator” means any provider of remote gambling services whose Affiliate Programme is available on the Network.
“Website” means the website www.ignitebingo.com and such other linked or associated websites operated by Mandalay Gaming Holdings for the promotion of Affiliate Programmes which the Affiliate may advertise and market to Customers via the Affiliate Site.
Words importing one gender include all other genders and words importing the singular include the plural and vice versa.
REGISTRATION AND COMMENCEMENT
- The Affiliate shall apply to join the Network by completing the registration form on the Website.
- Completion and submission of the registration form shall signify the Affiliate’s acceptance of these Terms and Conditions and any amendments thereto made by Jet Media from time to time and published on the Website.
- The affiliate programme is open only to persons who are of the legal age for gambling in their own jurisdiction. Therefore, in order to verify the account details are correct, affiliate account applicants will need to upload an appropriate valid form of ID including but not restricted to: Passport, ID card, VAT registration, utility bill. The affiliate account will only be activated once we are satisfied with the veracity of the documentation.
- The acceptance or rejection of the Affiliate’s application to join the Network shall be determined by Jet Media at its sole discretion, only once the document has been uploaded. We reserve the right not to enter into correspondence over any unsuccessful application.
- Your account and some features will be restricted during the process, and checks of documentation can take up to 72 hours.
- Whether accepted or rejected, once the status of the account has been updated, the documentation will be deleted from our system.
- If accepted, the Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with these Terms and Conditions.
- rejected, you will not be authorised to open further accounts with the Network and you have no rights to promote any of the Network brands, unless other arrangements are made at the Network discretion at a further date.
- On the Commencement Date Jet Media shall create an Affiliate Management Area for Affiliate.
AFFILIATE PROGRAMMES AND CUSTOMER TRACKING
- Mandalay Gaming Holdings shall notify the Affiliate of the availability of Affiliate Programmes from time to time by email and by notices posted on the Affiliate Management Area.
- The Affiliate may apply to join any Affiliate Programme by following the instructions posted on the Affiliate Management Area.
- The acceptance or rejection of the Affiliate’s application to join an Affiliate Programme shall be determined by Mandalay Gaming Holdings and the Operator at their sole discretion.
- If accepted the Affiliate shall be bound by any additional conditions which the Operator may impose from time to time and which will be posted on the Affiliate Management Area.
- On acceptance Mandalay Gaming Holdings shall create and supply a Link to enable Mandalay Gaming Holdings and the Operator to track Customers referred by the Affiliate.
- The Affiliate shall place the Link on the Affiliate Site and shall maintain, operate and update the Link in accordance with Mandalay Gaming Holdings’ instructions.
- The Affiliate accepts and acknowledges that any delay or failure to place, maintain, operate or update the Link in accordance with Mandalay Gaming Holdings’ instructions may result in referred Customers not being identified and no Commission shall be payable in respect of such unidentified referrals.
COMMISSION AND PAYMENTS
- Commission shall be paid to the Affiliate at the agreed rate as per the tiered commission structure for each Customer who completes an Approved Transaction.
- Payment of Commission shall either be in Sterling or in the currency of the Approved Transactions in which event Mandalay Gaming Holdings shall pay the foreign currency equivalent of the agreed rate as per the tiered commission structure at the best exchange rate that Mandalay Gaming Holdings is able to obtain on the date of payment.
- The Affiliate shall remain responsible for all bank charges on Commission payments whether in respect of electronic transfers, foreign currency exchange commission, correspondent bank charges, cancelled cheques or otherwise.
- Mandalay Gaming Holdings shall pay Commission on a monthly basis and shall endeavour to do so within 15 days of the end of the month in which the Approved Transaction is completed.
- Payment of Commission shall be made by electronic transfers to a bank account or accounts of the Affiliate’s choice but Mandalay Gaming Holdings shall not be responsible for late payments arising from the Affiliate’s failure to provide accurate or sufficient account information or for any other cause beyond Mandalay Gaming Holdings’ reasonable control. If a Commission payment has not been claimed or cleared within 18 months of the end of the month in which the Approved Transaction was completed the Affiliate acknowledges and agrees that Mandalay Gaming Holdings shall be entitled to retain such Commission and the Affiliate shall forfeit any claim in respect of it.
- No Commission shall be payable in respect of Fraud Traffic or as a result of other unethical or illegal activities and Mandalay Gaming Holdings shall be entitled to reclaim Commission arising from Fraud Traffic or to deduct and set-off such Commission against future Commission payments.
- The Affiliate shall be responsible for all taxes payable in respect of the Commission.
- Mandalay Gaming Holdings does not pay VAT on Commission (Isle Of Man is not within the EU Customs Union). If the Affiliate wishes or is required to issue invoices to Mandalay Gaming Holdings such invoices shall be zero-rated for VAT purposes.
INTELLECTUAL PROPERTY RIGHTS
- Mandalay Gaming Holdings and the Affiliate grant to each other non-exclusive, revocable, royalty-free licences to have reasonable use of their respective Intellectual Property for the purposes of this Agreement.
- To the extent that it is able to do so Mandalay Gaming Holdings also grants to the Affiliate a non-exclusive, revocable, royalty-free licence to have reasonable use of the Operator’s Intellectual Property for the purposes of each Affiliate Programme.
- The licences granted in these Terms and Conditions are intended to allow Mandalay Gaming Holdings and the Affiliate to have reasonable use of Intellectual Property for the purposes of operating the Network but the Affiliate shall not describe itself as being associated with Mandalay Gaming Holdings or an Operator in any circumstances without the prior written approval of Mandalay Gaming Holdings.
- Nothing in these Terms and Conditions shall operate to transfer any interest or ownership of Intellectual Property and the Affiliate shall only use the Intellectual Property during the continuance of this Agreement.
WARRANTIES AND INDEMNITY
- Mandalay Gaming Holdings and the Affiliate each represents, warrants and undertakes one to the other that:-
25.1 it has the full right, power and authority to enter into the Agreement;
25.2 entering into the Agreement and performance of its obligations and duties under it will not breach any agreement to which it is a party or by which it is otherwise bound; and
25.3 the use of it’s Intellectual Property will not infringe the intellectual property or other rights of any third party.
- The Affiliate represents, warrants and undertakes to Mandalay Gaming Holdings that:-
26.1 all information and data supplied by the Affiliate to Mandalay Gaming Holdings, Operators, Customers and any other party through or in connection with the Agreement shall be correct, accurate and not misleading;
26.2 the Affiliate and the Affiliate Site shall comply with the Code and the Affiliate Guidelines as amended or supplemented by Mandalay Gaming Holdings from time to time;
26.3 the Affiliate, the Affiliate Site and the Affiliate’s activities in connection with the Network and any Customers’ data shall comply with any and all applicable laws, regulations, codes of conduct in force from time to time as amended, re-enacted, extended or consolidated by any Competent Authority;
- The Affiliate acknowledges and agrees that the Network is provided on an ‘as is’ basis and that Mandalay Gaming Holdings does not give any warranty in relation to availability or uptime, nor that the Network or Website will be suitable for the Affiliate’s particular requirements or will result in any particular level of income or business to the Affiliate.
- Mandalay Gaming Holdings represents, warrants and undertakes to the Affiliate that it shall use reasonable endeavours to provide accounting support services to the Affiliate in accordance with good industry practice.
- The Affiliate hereby undertakes to indemnify and keep indemnified Mandalay Gaming Holdings and the Operators (together with their directors, employees and agents) fully and effectively against any and all costs, claims, expenses and liabilities (including reasonable legal fees) arising from a result of:-
29.1 any breach of the warranties contained in these Terms and Conditions;
29.2 any contaminated file, virus, worm or trojan horse originating or sent from the Affiliate Site.
- The Affiliate may terminate the Agreement at any time by giving not less than one month’s written notice to Mandalay Gaming Holdings.
- Mandalay Gaming Holdings may terminate the Agreement at any time by giving not less than one month’s written notice to Mandalay Gaming Holdings or immediately and without notice if the Affiliate breaches any of the warranties contained in these Terms and Conditions or otherwise engages in unethical or illegal activities.
- On termination of the Agreement for any reason the Affiliate shall cease using all Intellectual Property belonging to Mandalay Gaming Holdings or the Operators and Mandalay Gaming Holdings shall be relieved of all further liability, duties and obligations to the Affiliate (including, without limitation, any payment obligation).
- For the avoidance of doubt the Affiliate shall be entitled to Commission on Approved Transactions completed in the calendar month immediately preceding the date of termination of the Agreement but shall not be entitled to any Commission, compensation or any other form of payment in respect of any period thereafter or during any period of suspension, whether or not the suspension is lifted or if the Affiliate subsequently re-joins the Network.
LIMITATION OF LIABILITY
- Except as specifically provided in the Agreement the remedies of the parties (whether in contract, tort, by statute or otherwise, howsoever) against each other for any breach of their respective obligations or warranties hereunder shall be limited to damages.
- Nothing herein shall limit or exclude the liability of the Affiliate for loss or damage due to or arising from death, personal injury or fraudulent misrepresentation.
- Mandalay Gaming Holdings’ maximum liability to the Affiliate for direct losses arising from Mandalay Gaming Holdings’ breach of any provision of the Agreement shall not exceed the Commission received or due to the Affiliate in the three months prior to the event which gave rise to liability and subject as aforesaid Mandalay Gaming Holdings shall not be liable to the Affiliate for loss of profits, or indirect, incidental or consequential damages incurred as a result of or in connection with the Agreement whether arising out of breach of contract, negligence or howsoever.
- Mandalay Gaming Holdings shall not be liable for or be considered in breach of the Agreement on account of any delay or failure to perform as a result of any causes or conditions which are beyond Mandalay Gaming Holdings’ reasonable control.
DISPUTES AND NOTICES
- The Affiliate shall in the first instance refer queries, complaints and bona fide disputes to the Affiliate’s account manager nominated from time to time by Mandalay Gaming Holdings and shall use all reasonable endeavours to resolve any such dispute.
- If no such resolution occurs within 30 days of such referral disputes shall be referred to a director or senior manager of Mandalay Gaming Holdings who will endeavour to resolve any such dispute within a further 30 day period.
- Any notice given under the Agreement shall be in writing and may be delivered by hand or sent by courier, pre-paid registered post or by fax transmission (in which case it shall be deemed to be delivered on proof of delivery or confirmation of successful fax transmission) but notices shall also be considered delivered immediately on transmission if sent by email to the email address supplied by the recipient to the sending party or if posted on the Affiliate Management Area by Mandalay Gaming Holdings.
- Mandalay Gaming Holdings may notify the Affiliate of updates or amendments to these Terms and Conditions by email or via the Affiliate Management Area.
- Both the Affiliate and Mandalay Gaming Holdings shall take reasonable steps to prevent unauthorised disclosure of Confidential Information (including by employees or agents who have access to such Confidential Information) during the continuance of the Agreement and thereafter without limitation in time.
- Notwithstanding the foregoing, either party may disclose Confidential Information without the consent of the other party to the extent such disclosure is required by law or demanded by a Competent Authority.
- Both parties may disclose that the Affiliate is a member of the Network subject to the Affiliate first seeking Mandalay Gaming Holdings’ approval of any publicity materials, such approval not to be unreasonably withheld or delayed.
- Failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement shall not be construed as a waiver of such party’s right to assert or rely upon any such provision or right in that or any other instance.
- These Terms and Conditions comprise the entire Agreement between the parties and supersede all prior agreements, statements, and representations. Any addition or amendment to the Agreement shall be in writing.
- Other than expressly provided for in these Terms and Conditions a person who is not a party to the Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions but that shall not affect any right or remedy of a third party which exists or is available apart from that Act.
- The Affiliate shall not assign the Agreement or any right, interest or obligation under it without Mandalay Gaming Holdings’ prior written consent. Mandalay Gaming Holdings may assign the Agreement or any of its rights, interests or obligations thereunder to any third party as Mandalay Gaming Holdings shall see fit.
- If there is any inconsistency between these Terms and Conditions and the terms and conditions of an Affiliate Programme these Terms and Conditions shall prevail.
- The Affiliate shall be an independent contractor and shall have no right to bind Mandalay Gaming Holdings or any Operator to any agreement with a third party nor to represent itself as an agent or partner incur any obligation or liability on behalf of Mandalay Gaming Holdings or any Operator.
- The Agreement shall be governed by English law and the parties irrevocably submit to the non-exclusive jurisdiction of the English Courts.
a) The Affiliate shall not engage in any fraudulent, unethical or unlawful activity or any activity which is not transparent to Mandalay Gaming Holdings or not in the best interests of Mandalay Gaming Holdings, Operators or Customers (“Unethical Activities”).
b) Examples of Unethical Activities include, but are not limited to:-
i. use of inappropriate software (whether third party or otherwise) in order to create financial gain for the Affiliate;
ii. bidding on disallowed key terms within paid search, or any other third party advertising system based on keywords, without Mandalay Gaming Holdings’ and/or the Operator’s prior approval;
iii. implementing links where there is an incentive to click on them without Customers having full knowledge of the consequences of their actions, for example activating a cookie which may later mean a conversion of sale to the owner of the Affiliate link (i.e. “forced clicks”);
iv. promotion by unsolicited email; or
v. mimicking the action of an Affiliate link click which results in a cookie being stored on a Customer’s machine which could later lead to the conversion of a sale to the Affiliate.
c) Ignite Bingo affiliates are not allowed to run any email marketing activities for any of the Jet Media brands.
d) The Affiliate shall be responsible for protecting and maintaining the confidentiality of its logins, Links and other data used to access or manage the Affiliate Management Area and Affiliate Programmes and for ensuring that no third party may change the Affiliate’s details without the Affiliate’s knowledge.
e) The Network is an online network and Approved Transactions must be conducted online, not offline, unless otherwise agreed between the parties. Offline transactions shall be disregarded and shall not entitle the Affiliate to Commission unless specifically agreed otherwise by Mandalay Gaming Holdings.
f) The Affiliate shall specify the URLs it will use to track Approved Transactions as part of the registration process via the Website (“Authorised URLs”). Mandalay Gaming Holdings may disregard transactions entered into via URLs other than Authorised URLs and/or withhold Commission in respect of them. The Affiliate may add additional or substitute URLs from time to time via the Affiliate Management Area, but such URLs will only become operational once acceptance is confirmed by the Affiliate’s account manager.
g) From time to time Mandalay Gaming Holdings shall be entitled to request from the Affiliate information and evidence as to how and where the Affiliate is promoting the Affiliate Site and the Affiliate shall supply such information without delay.
h) If the Affiliate or any Customer configures its system in order to disable any technology for confirming the means of referral, Mandalay Gaming Holdings shall treat the Customer as not having been referred by the Affiliate.
i) The Affiliate shall ensure that the information on the Affiliate Management Area is complete and accurate at all times.
j) The Affiliate shall supply evidence of its identity to Mandalay Gaming Holdings on request at any time.
k) The Affiliate Site shall not use or contain any spyware or other equivalent or similar code or material, intended to defraud or unlawfully obtain data from Customers.
m) The Affiliate shall not pass any Customer’s personally identifiable information to Mandalay Gaming Holdings.
n) Under no circumstances are affiliates and publishers allowed to promote any of the advertisers or merchants featured on Ignite Bingo via the use of paid placements on brand related terms on search engines or contextual advertising networks. At present this stipulation extends to XBingo and any related terms. This is not an exhaustive list and can be amended or increased at any time without notice.
o) XBingo affiliates are not allowed to acquire or procure any links for XBingo terms from third party sites for the purpose of deep linking to their own XBingo review and information pages. Any affiliate found to be adding such links will have their affiliate commission for that month withheld. XBingo reserves the right to remove the affiliate from the programme and withhold all commissions.
p) Damaging Statements
Where it has been deemed by us that there have been misleading, damaging, defamatory and/or derogatory statements made by you in relation to us or any of our partners/merchants, we reserve the right to take various actions, including but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of costs or liabilities incurred in relation to such actions, the closing of the Affiliate Account and/or immediately terminating this Agreement.