Terms and Conditions
In order to apply for our affiliate programme you will need to read, understand and accept these Terms and Conditions . If you do not agree with these Terms and Conditions do not continue with your application. Should you have any questions regarding our affiliate programme please contact for further information.
Your application is evidence of your acceptance of these Terms and Conditions.
Version 1.1 published on 1st June 2015
1. TERMS AND CONDITIONS
1.1 This document (the "Terms and Conditions ") outlines the terms and conditions agreed between us, Double Star Ltd. (referred to herein as "DoubleStarCasino", "we" "us" or "our") and you (referred to herein as "you", "your" or "affiliate"), in respect to your application to join our affiliate programme and to promote the www.doublestarcasino.com website and our services.
1.2 DoubleStarCasino reserves the right to update or modify these Terms and Conditions by notice via e-mail message to the e-mail address as provided by you to DoubleStarCasino by means of your application. Should you not agree to such changes you are required to terminate your relationship with DoubleStarCasino in accordance with these Terms and Conditions. Details of any changes to the Terms and Conditions will be published in clause 16 available in an updated version on the website www.doublestarcasino.com. Your continued participation in our affiliate programme after such changes to these Terms and Conditions have been published shall constitute binding acceptance of such changes by you.
1.3 In order to join our affiliate programme you are required to accept our Terms and Conditions as well as submit a completed online application form. DoubleStarCasino determines at its’ sole discretion whether or not to accept your application for our affiliate programme. Our decision is final and no appeal will be granted. Once we have reached a decision with regards to your application we will notify you by sending an e-mail to the electronic address as provided by you with your application, informing you of whether you have been accepted as our affiliate or not. Upon receipt of such e-mail confirming our acceptance of your application, you will be bound by these Terms and Conditions when marketing/promoting the DoubleStarCasino website and services.
In these Terms and Conditions , unless the context otherwise requires:
"Confidential Information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
"Net Generated Revenues ('NGR’)" means the sum of DoubleStarCasino net revenue generated by all your referrals in the space of a calendar month.
"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Referred Customers" means Customers who have no prior account with Our Website, and have signed up for an account with us with your affiliate tracking code attached.
"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.
"Your Website" the website which you notify to us on the Affiliate Sign up Form.
3.1 The Links provided to you by DoubleStarCasino should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without DoubleStarCasino's prior written consent.
3.2 You shall ensure that you do not place any Links on pages of Your Website aimed at persons under the age of 18 years.
3.3 In the event that you wish to place the Links on websites other than Your Website, you must first obtain DoubleStarCasino's written consent.
3.4 If we discover that your use of any Link is not in compliance with these Terms and Conditions we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate your relationship with DoubleStarCasino without any notice (see 14.2).
4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS
4.1 Your revenue share is calculated according to the following structure:
|NGR (Net Generated Revenue)||Commission|
|€0 - 5,000||25% of NGR|
|€5,001 - 15,000||33% of NGR|
|€15,001 - 30,000||40% of NGR|
|€30,001+||45% of NGR|
4.2 Net Generated Revenue is calculated according to the following terms:
NGR is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less licence/software fees, betting and gaming taxes, payment processing fees, jackpot contributions, chargeback's, bonuses and loyalty rewards.
We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2
5. FORBIDDEN PRACTICES
5.1 You may not in any way offer added rewards of any kind to your Referred Customers without DoubleStarCasino’s prior written consent. If DoubleStarCasino deems you to be in breach of this condition, DoubleStarCasino may terminate your affiliate relationship and seize to pay you any further Revenue Share from your Referred Customers (see Term 14.2).
5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under no circumstance receive any Revenue Share on your own or direct relatives’ customer account.
5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the DoubleStarCasino site.
5.4 You are forbidden to attempt to artificially increase monies payable to you by DoubleStarCasino.
5.5 You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
5.6 When advertising to customers in Great Britain, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communications, particularly in relation to free bet and bonus offers do not amount to or involve misleading actions or misleading omissions. Marketing communications that include a promotion must provide as such information about significant conditions as practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement) significant conditions must be displayed no further than one click away from the advert itself. Examples of free bet or bonus offers which may not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence for example only visible once scrolled down; when clicked, advertising banners take a customer direct to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available 'below the fold' on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above requirements are applicable to all forms of marketing communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority.
6. DOUBLESTARCASINO’S OBLIGATIONS
6.1 DoubleStarCasino shall supply you with the Links for inclusion on Your Website and may update such Links from time to time.
6.2 DoubleStarCasino shall use its best endeavours to ensure that whenever a Referred Customer signs-up with DoubleStarCasino through your affiliate link with your tracking code attached the relevant Customer is identified as originating from Your Website. However, DoubleStarCasino shall not be liable to you in any way if DoubleStarCasino is unable to identify a Customer as originating from Your Website.
7. AFFILIATE'S OBLIGATIONS
By applying to be registered as an Affiliate of DoubleStarCasino the Affiliate warrants that:
7.1 The information the Affiliate provides DoubleStarCasino on registration is complete, valid and honest;
7.2 The Affiliate will provide proof of identification including, where possible, a government-issued identification number upon signing or upon request by DoubleStarCasino. The Affiliate should also provide tax and/or VAT information upon signing or upon request by DoubleStarCasino in order for DoubleStarCasino to be able to fulfil our Anti Money Laundering obligations.
7.2.1 The Affiliate shall be solely responsible for any tax liability that may arise by nature of this relationship. DoubleStarCasino reserves the right to withhold any amounts due to any tax authority, and make the relative payments itself, should the Affiliate default in any manner with regards to the payment of taxes arising out of any earnings resulting from this relationship.
7.3 The Affiliate will not benefit from known or suspected traffic not generated in good faith. DoubleStarCasino reserves the right to terminate your relationship with DoubleStarCasino immediately should DoubleStarCasino become aware of the Affiliate taking part in or benefiting from traffic which may, at the sole discretion of DoubleStarCasino be deemed as posing a threat to the image and/or normal operation of DoubleStarCasino or the provision of its services.
7.4 The Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam. Any form of Spam will result in the Affiliate’s account being placed under review and all funds due to the Affiliate being withheld pending an investigation.
7.5 DoubleStarCasino reserve the right to withhold any Commissions payable to the Affiliate at any time, should DoubleStarCasino deem the Affiliate to be in violation of any of the points above (7.1, 7.2, 7.3 and 7.4) or found to be partaking in action/s or marketing practices deemed to be in bad faith, whether such action / marketing practice was directed from the Affiliate's link with or without the Affiliate's knowledge.
8.1 You will receive affiliate payments directly to your DoubleStarCasino player account.
8.2 Payment is to be made by the 15th of every calendar month.
8.3 The minimum sum for a monthly affiliate payment is €10. If a Revenue Share does not exceed €10, DoubleStarCasino shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds €10, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €10 in any given month.
8.4 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will be removed at the start of the following month.
8.5 DoubleStarCasino shall provide you with statements accessible through your personal affiliate page, http://affiliates.doublestarcasino.com, detailing the Referred Customers and your share of Net Generated Revenues.
9. INTELLECTUAL PROPERTY
9.1 DoubleStarCasino grants you a non-exclusive and worldwide license to display the DoubleStarCasino brand features and related content (the "DoubleStarCasino Content") during the Term solely for the purposes of the display of the Links by you on Your Website as set out in these Terms and Conditions and in accordance with DoubleStarCasino’s guidelines as may be provided to you from time to time. Such worldwide license shall be subject to the laws concerning the promoting of online gaming in the jurisdiction you intend to promote our services. It shall be your sole responsibility to comply with these laws. DoubleStarCasino will accept no liability, of any nature, concerning your non-compliance with such laws and you shall indemnify and hold DoubleStarCasino harmless for any claims of any nature arising due to such non-compliance.
All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by DoubleStarCasino to its customers from time to time shall remain the property of DoubleStarCasino. You are not permitted to alter or modify in any way the DoubleStarCasino content without the express prior written consent of DoubleStarCasino.
9.2 You agree that Your Website shall not resemble in any way the look and/or feel of the DoubleStarCasino Site, nor will you create the impression that the Your Website is the DoubleStarCasino Site (or any part thereof).
10.1 Each party to the affiliate relationship represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this relationship, to grant to the other party the rights and licenses granted in this relationship and to perform all of its obligations under these Terms and Conditions.
10.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfil your obligations under these Terms and Conditions. Together with this you warrant that you are not in breach of any law of any nature prohibiting you from carrying out your obligations under these Terms and Conditions . Should you be in breach of any law, criminal or otherwise, concerning your performance of the affiliate engagement as subject to these Terms and Conditions , you shall accept sole responsibility for such breach and hold DoubleStarCasino harmless for the same.
10.3 You warrant that you shall not, under any circumstances whatsoever, promote the services of DoubleStarCasino in jurisdictions where these are prohibited by law.
We make no representation that the operation of the DoubleStarCasino Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You (the "Indemnifying Party") shall indemnify on demand and hold harmless DoubleStarCasino and each of DoubleStarCasino’s associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non observance by the Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in these Terms and Conditions.
13. EXCLUSION OF LIABILITY
13.1 DoubleStarCasino shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of the commencement of the Affilate’s relationship with DoubleStarCasino, or any other matter under these Terms and Conditions .
13.2 The liability of DoubleStarCasino shall not, in any event, exceed the sum of the total monies paid by DoubleStarCasino to you over the 6 month period preceding the date on which such liability accrued.
14.1 Your affiliate relationship with DoubleStarCasino shall commence on the date that we notify you that your application has been successful in accordance with clause 1. You shall continue to be bound by these Terms and Conditions unless and until terminated by either party upon 30 days written notice, to be tendered by registered mail to your e-mail address as provided to DoubleStarCasino or DoubleStarCasino’s e-mail address which is specified hereunder.
14.2 If you are in material breach of your obligations within these Terms and Conditions, DoubleStarCasino may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on your Referred Customers. Revenue Shares still due following such material breach shall automatically be forfeited by you. Termination in this regard shall occur by means of written notice, to be tendered by DoubleStarCasino via e-mail to be sent to the address as provided by you to DoubleStarCasino.
15.1 These Terms and Conditions constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
15.2 If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
15.3 Any notice given or made to DoubleStarCasino in relation to these Terms and Conditions shall be by means of e-mail to the following address: . DoubleStarCasino shall send you any notices given or made under these Terms and Conditions to the email address supplied on your application form.
15.4 Nothing in these Terms and Conditions is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way. You and DoubleStarCasino shall be considered to be independent contractors at law for all intents and purposes of the affiliate relationship as governed by these Terms and Conditions .
15.5 Neither party shall make any public announcement relating to these Terms and Conditions nor their subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
15.6 The validity, construction and performance of the relationship as created by these Terms and Conditions (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Isle of Man. Each party irrevocably submits to the exclusive jurisdiction of The Isle of Man courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
15.7 In case of any discrepancy between the meanings of any translated versions of these Terms and Conditions, the meaning of the English Language version shall prevail.
16. CHANGES TO THESE TERMS AND CONDITIONS
These Terms and Conditions have not been varied or otherwise amended since 1st June 2015.