Affiliate Partner Agreement

between
Trustfulgames.com Ltd.
Suite A, Triq Mater Boni Consilii
Paola PLA 1610
Malta and
....................... ("Affiliate Partner") 

1. General

  1. The TIPLIX website is operated by Trustfulgames.com Ltd., a company incorporated under Maltese law. Trustfulgames Ltd. is registered under registration number C38481 in the Registry of Companies, with registered office at Suite A, Triq Mater Boni Consilii, Paola PLA 1610, Malta. The company is licensed and regulated by the Malta Gaming Authority (MGA), and therefore authorized to offer and accept bets on all events of undetermined outcome worldwide. 
  2. Affiliate Partner affirms that they operate one or more Internet websites in their own name, and that they have unrestricted right of disposal.  
  3. Upon conclusion of the partner agreement, Affiliate Partner agrees to these conditions. 
  4. TIPLIX is entitled at any time to supplement, delete or alter any provision of this agreement, at their discretion and without giving reasons.

2. Subject of the agreement

  1. The main subject of this agreement is the inclusion of advertising materials provided by TIPLIX on Affiliate Partner's website, for advertising purposes.
  2. TIPLIX shall provide Affiliate Partner with various advertising materials (graphics, banners, texts or logos). The inclusion of one or more of these advertising materials enables the website user to navigate directly to TIPLIX's website by clicking on the appropriate emblem. TIPLIX is entitled at any time to alter or limit advertising materials, or to add new ones.

3. Agreement conclusion

  1. Affiliate Partner shall fill out the online registration form TIPLIX has made available, then send it to TIPLIX. Immediately after registering, you will receive a confirmation mail with which the valid agreement is formed. TIPLIX is entitled to refuse acceptance of the registration without being obligated to give reasons. It is hereby expressly stated that any further agreement not forming the subject of the aforementioned online registration does not fall with the scope of this Affiliate Partner Agreement. 
  2. Upon conclusion of this agreement, Affiliate Partner will receive their personal partner ID. This ID also contains the tracking codes with which Affiliate Partners can send customers to TIPLIX via their websites. These codes help to identify and track all customer sales and betting activities, and form the basis of calculation for the underlying commission system.  
  3. Upon conclusion of this agreement, Affiliate Partner acquires the non-transferable right to use the provided links or tracking codes for the purpose of linking to TIPLIX. TIPLIX is entitled to withdraw this right at any time without giving reasons. The link codes may not be altered or edited in order to use them. TIPLIX can grant an exemption from this regulation if they receive a prior written request to do so. If this agreement ends, either through the license giver or receiver, the right to use the aforementioned link codes also changes. 
  4. As a precaution, TIPLIX points out that they possess all copyrights to the advertising materials they have provided for linking to TIPLIX. These copyrights apply mutatis mutandis to all information and images on the website. 
  5. If one or more of Affiliate Partner's URL addresses change, the remaining components of this agreement will remain unaffected. Affiliate Partner shall enter into the system any such changes in their URL addresses.
  6. Since different countries have different regulations governing sports betting, TIPLIX points out that these country-specific statutory regulations must be complied with before an account on this website can be opened. Furthermore, partner sites are forbidden from displaying advertising materials in countries whose statutory provisions ban the advertising of sports betting. 
  7. TIPLIX is entitled to end the agreement with Affiliate Partner at any time if such partner or their website should be deemed disreputable. This judgment will be made at TIPLIX's sole discretion and will apply to the following cases in particular: 
  • Websites that target children
  • Websites with pornographic content
  • Websites that promote violence, discrimination or other illegal activities
  • Websites that violate intellectual property rights held by third parties

4. Rights of Affiliate Partner

  1. Affiliate Partner will be provided with all necessary information and marketing materials they need in order to properly incorporate the tracking links. 
  2. The PartnerWeb must list all attained sales, the resulting and calculated gross profit, and the associated commissions for the customer to view. Furthermore, Affiliate Partner will receive sales statistics. TIPLIX shall also carry out all services connected with commission invoicing. 
  3. In the tracking measurements, the values recorded by TIPLIX will apply and will always take precedence over those of Affiliate Partner.  

5. Obligations of the partner

  1. By accepting this agreement, Affiliate Partner is ensuring they are of legal age according to the laws of their country. Affiliate Partner furthermore ensures they are authorized and entitled to enter into this biding agreement and its associated purpose. 
  2. Affiliate Partner shall be responsible for sales and all associated marketing activities. Country-specific laws and guidelines are to be observed when advertising online or offline, and must be applied during the implementation thereof. Affiliate Partner shall bear all costs incurred through the use of this program and the recommendation of gamers to TIPLIX. 
  3. Affiliate Partner shall use links, banner codes and advertising materials only if these have been provided by TIPLIX and the affiliate platform. The use of these advertising materials is permitted only on the websites and advertising media specified in the affiliate program. Affiliate Partner shall be solely responsible for connecting the links and banner codes correctly. Using other advertising materials in connection with TIPLIX, including those that have been created, adapted, or combined by Affiliate Partner themselves, requires the express prior written consent of TIPLIX. This express written consent also extends to non-website advertising forms used by Affiliate Partner, such as e-mails or SMS marketing. Affiliate Partner shall bear all claims for damages and liability asserted by third parties on the basis of Affiliate Partner's use of unauthorized advertising materials. Affiliate Partner shall indemnify and hold harmless TIPLIX against all these legal infringements. 
  4. Affiliate Partner shall be responsible for all contents and operation of their website(s). By concluding this agreement, Affiliate Partner also ensures that their website(s) do not contain any pornographic, discriminatory or illegal backgrounds.  
  5. Affiliate Partner shall be responsible for designing their own website(s). However, Affiliate Partner must guarantee that there is no possibility of confusion with TIPLIX.  
  6. The name TIPLIX and the word and design mark Tiplix (sports betting) may be used on Affiliate Partner's website only when also using the provided advertising materials. Any other use of any words or designs requires express written approval. To protect the logo, as well as the word and design mark, Affiliate Partner is subject to relevant copyright laws.
  7. TIPLIX's rights to the use of their name, brand, word and design must be ensured during search engine campaigns. Moreover, Affiliate Partner shall refrain from using any search terms which resemble TIPLIX or other protected brands owned by TIPLIX. With the exception of the affiliate provisions, partner agrees that cookie spreading is strictly forbidden.  
  8. The regulations and principles of the Malta Gaming Authority must be observed. 
  9. TIPLIX reserves the right to block the account and refuse to pay commission if they determine that Affiliate Partner
    • is sending spam e-mails or advertising TIPLIX's services in other forbidden ways.
    • is fraudulently misusing this agreement to their personal advantage, or to the advantage of third parties, by registering as a player, making payments into a player account via their tracking links, or both.
  10. Advertising materials must always be used in accordance with the laws of the respective markets. If such use gives rise to infringements against national provisions, Affiliate Partner shall be fully liable. 
  11. "Pop-up" or "pop-under banners" (i.e., those appearing in a browser window which is opened automatically when an Internet website is opened or a link is clicked) may be used only with TIPLIX's express prior written consent. TIPLIX reserves the right at any time to limit or completely discontinue advertising campaigns in which the aforementioned advertising materials are used, and to withhold any commissions generated through these campaigns' respective forms of advertising. 

6. Commission credit

  1. TIPLIX shall pay Affiliate Partner a commission for referring customers and facilitating revenues for TIPLIX. The amount of the commission is based on the Net Gaming Revenue (NGR). This is calculated for sports and live betting as follows: 

    Gross Revenue – 23% Gross revenue – Chargebacks – Bonuses – Taxes = Net Gaming Revenue 

    For virtuals, the NGR is calculated as follows: 
    Gross Revenue – 23% Gross revenue – Chargebacks – Bonuses – Taxes = Net Gaming Revenue

    For casinos or live casinos, the NGR is calculated as follows: 
    Gross Revenue – 39% Gross revenue – Chargebacks – Bonuses – Taxes = Net Gaming Revenue

    The commission results from a percentage of the NGR obtained from the customer directly, as well as a percentage of the NGR obtained via sub-level partner sites. 
    A new customer is defined here as one who had no TIPLIX account before being referred by Affiliate Partner, and who registers at TIPLIX via a link, a website or a promotion code provided by the partner, and who makes payments to TIPLIX.

    Amount of commissions

    The amounts of the commissions depend on the amounts of the net income obtained each month.

    Product  Net income Commission percentage
    All products  €1 to € 4,000       30%
    All products  €4,000.01 to €10,000   35%
    All products  €10,000.01 and above   40%

  2. The commission is invoiced by using a credit procedure. Invoicing is made each month, and the payment application can be made each month up until the last day of that month. The commission is credited by the 15th of the following month at the latest. 
  3. If an affiliate partner generates minus Net revenue for 3 months in a row, Tiplix, in its sole discretion, immediately change revenue share commission structures from No Negative Carry Over to Negative Carry Over.
  4. Payout is made via bank transfer and takes between 3 and 5 working days to process. If the invoice should contain errors in commission calculation, TIPLIX reserves the right to correct any errors, and to credit insufficient commission payments to the following invoice or demand a refund for excessive commission payments.
  5. Affiliate Partner's acceptance of the payment is deemed complete and final acknowledgment of the residual amount for the given time period. 
  6. Affiliate Partner is entitled to file an objection to the commission credit within 30 days of its payout. The objection and supporting reasons must be made in writing to affiliate@tiplix.com. If Affiliate Partner exceeds the deadline, the commission credit is deemed irrevocable acknowledged for the time period in question.
  7. TIPLIX reserves the right to withhold requested commission credits up to 180 days if there are discrepancies in Affiliate Partner's earnings. During this time period, TIPLIX is entitled to investigate the legality of the transaction in accordance with these provisions.
  8. If revenues, registrations or other accounting transactions violate these provisions, the claim to commission payments is completely forfeited. In this case, Affiliate Partner shall repay all commissions arising from fraudulent or falsified transactions and bear all costs incurred in this context. 
  9. TIPLIX is entitled to set certain limits for minimal activity in Affiliate Partner's accounts. If Affiliate Partner falls below this minimal activity over a prescribed time period, TIPLIX reserves the right to block or close the customer accounts in question. These measures will be taken only if administrative costs for said Affiliate Partner accounts exceed expected revenues by a substantial margin. 
  10. In the event you do not, for any 3 consecutive months, send a New Depositing player to Tiplix.com, we are entitled to mark your account as Semi-inactive and reduce your revenue share commission to 10%. In the event you do not, for any 6 consecutive months, send a New Depositing Players to Tiplix.com, we are entitled to mark your account as Inactive and reduce your revenue share to 5%. If you send New Depositing Players after your account was set on Semi-Inactive or Inactive, your commission will go back to the standard rate setup on the revenue share structure or through a mutual agreement with our Affiliate team.
  11. TIPLIX's Affiliate Partners are given the chance to gain additional Affiliate Partners for TIPLIX (Sub-Affiliates). For this to occur, it must be clear in the Sub-Affiliate's registration in the partner program that they registered at TIPLIX only because they were recruited by Affiliate Partner. In this case, Affiliate Partner will receive a commission on the Sub-Affiliate's commission, in accordance with the attached commission system. This commission will be based on the commission system valid at the time of agreement and laid down in the GTB (General Terms of Business). Customers who are already registered as TIPLIX customers cannot be categorized as Sub-Affiliates after the fact. Furthermore, Affiliate Partner is strictly forbidden from:

    • registering themselves or another closely related person as a Sub-Affiliate,
    • using fictitious names when registering Sub-Affiliates,
    • offering to contribute to the assets of potential Sub-Partners, unless they have TIPLIX's written permission to do this, or

      if Affiliate Partner should breach any of the aforementioned conditions, the partner account will be immediately and irrevocably blocked. 
Amounts of the commissions for Sub-Affiliates
The amount of the commission depends on the respective sub-level. 
Sub-Level  Commission Percentage on the Sub-Affiliate Share
1 15%
2 10%
3 5%

Example: A Sub-Affiliate partner of the second level earns a net income of €5,000 in one month. Affiliate Partner would then receive 10% of the Sub-Affiliate partner's commission share (35% of €5,000 = €1,750), thus €175.
 
11. TIPLEX shall at their sole discretion grant or deny Affiliate Partner permission to request that their commission system be changed. If Affiliate Partner and tiplix.com agree on an alternative commission system, Affiliate Partner declares upon concluding the new agreement that the new commission system will completely replace the original commission agreement. By concluding the new agreement, Affiliate Partner also concurs with the General Terms of Business that will then apply.
 
12. Affiliate Partner shall be responsible for paying all taxes, fees, levies and other expenditures resulting from this mutual agreement. It is especially noted that country-specific taxes will accrue in many countries. The commission covers all services and all expenditures; any claim to reimbursement for out-of-pocket expenses or costs is excluded. In no way can TIPLIX be made liable for established-yet-unpaid amounts which arise in connection with the partner program.
 
13. Affiliate Partner shall request payment for their credit within 12 months. If payment for a credit is not requested within 12 months after its accrual, TIPLIX is entitled to withhold these amounts. 

7. Term

  1. This agreement is concluded for an indefinite period. Both Affiliate Partner and TIPLIX are entitled to terminate the agreement at any time without giving reasons or adhering to a notice period. 
  2. If one of the Parties terminates the agreement, Affiliate Partner shall delete or otherwise dispose of all advertising materials they have used, including links, that were provided by TIPLIX. Affiliate Partner is not entitled to retain used advertising materials or to continue to use them after the agreement has ended.
  3. If the agreement is terminated but the amount to be paid out is less than the minimal payment request stipulated in these provisions, TIPLIX will retain this amount as a processing fee. 
  4. TIPLIX reserves the right in particular to terminate this agreement in accordance with § 7 (1), or reduce the commissions, if Affiliate Partner should generate significantly fewer new customers or significantly lower revenues for TIPLIX in comparison with the preceding comparable time period. "Lower revenues" or "fewer new customers" assumes that Affiliate Partner does not procure at least 75% of the revenues or new customers for TIPLIX than was the case in the preceding time period. If commission is changed or the agreement terminated for this reason, TIPLIX shall notify Affiliate Partner thereof at least 4 weeks in advance. During this period, Affiliate Partner will be given the chance to either generate the revenues or new customers needed or provide TIPLIX with a reason for the reduced figures. 
  5. After the agreement ends, all claims of the Affiliate Partner against TIPLIX will expire. TIPLIX reserves the right to withhold payment of the last commission until the agreement has been completely rescinded.
  6. If the agreement is terminated for reasons that Affiliate Partner brought about intentionally or with gross negligence, TIPLIX is entitled to withhold all unpaid commissions and assert further claims to cover possible costs incurred by the breach of agreement. 
  7. When the termination enters into force, Affiliate Partner automatically releases TIPLIX from all duties and obligations. However, Affiliate Partner shall remain liable even after termination for damages which occurred before the termination entered into force.

8. Warranty and liability

  1. Affiliate Partner confirms and expressly agrees that the use of the Internet will be at their own risk, and that the partner program is made available without any warranties or conditions. TIPLIX makes no guarantee that their website can be accessed at a specific time or from a specific place. 
  2. In no case can TIPLIX be made liable for any inaccuracies, errors, loss, injuries or damages suffered by Affiliate Partner or any other person which were caused in part or in full by faults, delays or interruptions of the TIPLIX website or partner program. 
  3. Furthermore, the liability of TIPLIX's legal representative, vicarious agents and servants is limited to intent and gross negligence. TIPLIX's liability for any reason whatsoever is limited to the commission paid out to the party to the agreement during the last three months. 

9. Applicable law & place of jurisdiction

  1. This agreement is subject to Maltese law. Ried im Innkreis is agreed as the place of jurisdiction for all disputes arising from this agreement.

10. Other

  1. TIPLIX reserves the right to transfer this agreement to third parties without prior consent from Affiliate Partner. 
  2. Finding a provision of this agreement to be invalid, now or in the future, does not invalidate the entire agreement. Instead, the invalid provision will be replaced by a valid one. 
  3. Information sent to the partner by e-mail, telephone, Skype, or other forms of communication are meant for the partner alone and may not be forwarded. Any illegal publication of confidential information or conversations will be prosecuted by TIPLIX accordingly. If information should reach the wrong recipient, the partner shall obligate such recipient to delete the information immediately and shall bring the matter to TIPLIX's attention. 
  4. If the meaning of individual provisions proves uncertain in other languages, the German version will always apply.

 

 

TFG International Ltd. ("TIPLIX")