The terms and conditions (“Terms”) set out below represent the legally binding contract governing the affiliate relationship between you and the Company. You should read these terms carefully before applying to join the Affiliate Program and make sure that you understand and agree with them all.
If you do not understand any part of these terms please contact our affiliate team at [email protected] who will provide you with clarification. If you do not agree with any part of these terms you should not apply to join the Affiliate Program.
Definitions
“Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of the Company and/or the Website(s) made known to the Affiliate from time to time.
“Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
‘Affiliate Application’ means the application form found at https://homeofwool.com/affiliate-registration/ whereby the Affiliate applies to participate in the Affiliate Program
“Affiliate Program” means the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Website(s) and create the Links from the Affiliate Website(s) to the Website(s) and thereby be paid a commission as defined under this Agreement depending on the traffic generated to the Website(s) subject to the terms and conditions of this Agreement and to the applicable Home of Wool Commission Structure.
“Affiliate Website(s)” means one or more websites on the Internet that are maintained and operated by the Affiliate.
“Commission” means the percentage of the Net Revenue.
“Commission Structures” means the commission structure contained under Clause 17 below or any specific commission structure expressly agreed and confirmed in writing between the Company and the Affiliate.
“Company” refers to Home of Wool LTD, registered at Major Thompson 571407 Sofia, Bulgaria, with VAT number BG203654879.
“Confidential Information” means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Website(s), technology, marketing plans and manners of operation.
“Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.
“Links” means Internet hyperlinks from the Affiliate Website(s) to the Website(s).
“Net Revenue” means in relation to the Website(s): all monies received by the Company from New Customers in relation to casino activities less; (a) monies paid out to New Customers as winnings; (b) bonuses and/or loyalty rewards; (c) administration fees; (d) payment fees; (e) fraud costs,;(f) charge-backs; (g) returned stakes; (h) gaming duties or local taxes (incl. VAT); (i) shipping costs, and; (j) any commissions/fees due to third parties;
For the avoidance of doubt, all amounts referred to above are only in relation amounts generated from New Customers referred to the Website(s) by the Affiliate Website(s).
Acceptance
The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (via email) whether the Affiliate Application is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
Qualification
The Affiliate hereby represents and warrants that:
- it fully understands and accepts the terms and conditions of this Agreement.
1. Company Undertakings
1.1 Upon the conclusion of the Agreement, a unique tracking code is assigned to the Affiliate, and the Affiliate is integrated in the technical platform of the Website(s). By means of the tracking code, New Customers acquired via the Link(s) on the Affiliate Website and the orders placed during such sessions are registered and tracked.
1.2 The Company shall administrate the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all New Customers.
1.4 The Company shall pay the Affiliate its compensation depending on the Net Revenue generated subject to the terms and conditions of this Agreement.
2. Company Rights
2.1 The Company may refuse any applicant New Customer or close a New Customer’s account if it in sole opinion of the Company is necessary to comply with the policy of the Website(s) and/or to protect the interest of the Website(s).
2.2 The Company may refuse any applicant Affiliate and/or may close any Affiliate’s account if it in the sole opinion of the Company is necessary to comply with the policy of the Website(s) and/or to protect the interest of the Website(s). If the Affiliate is in breach of this Agreement the Company may besides closing the Affiliate’s account take any other steps at law to protect its interest.
3. Undertakings of the Affiliate
3.1 The Affiliate hereby warrants and undertakes:
(a) to use its best efforts to actively and effectively advertise, market and promote the Website(s) in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online;
(b) to market and refer potential buyers to the Website(s) at its own risk, cost and expense. The Affiliate will be solely responsible for the distribution, content, legality and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement;
(c) to use only links provided within the scope of the Affiliate Program; and
(a) it will not perform any act, and that the Affiliate Website(s) neither does nor will contain any material, which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials. Such acts shall include, but are not limited to:
(i) harassing, abusing or threatening others or otherwise violating any person’s legal rights;
(f) that it will not generate traffic to the Website(s) by illegal or fraudulent activity, particularly but not limited to by:
(i) sending spam;
3.2 The Company reserves the right to freeze the Affiliates account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of the terms and conditions of the Agreement.
4. Payment
4.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be inclusive of value-added tax or any other applicable tax. The Affiliate shall be entitled to receive the Commission exclusively in respect of New Customers.
4.2 The Commission is calculated at the end of each month and payments shall be made by the 30th of the following calendar month. Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
4.3 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
4.4 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days from the date of payment and state the reasons for the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
4.5 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
4.6 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees, and costs).
4.7 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify the Company in that regard.
5. Termination & Changes
5.1 This Agreement may be terminated by either Party by giving thirty (30) days written (by email) notice to the other Party, provided that this Agreement shall be automatically terminated in the event that the Website(s) is/are precluded from offering products to customers through the Website(s).
5.2 This Agreement may be terminated by the Company upon written (by email) notice with immediate effect if it has sufficient reason to believe that the Affiliate is or has been in violation of clause 3 of this Agreement.
5.3 The Parties hereby agree that on termination of this Agreement:
(a) the Affiliate shall promptly remove all references to the Website(s) from the Affiliate Website(s) and communications, irrespective of whether the communications are commercial or otherwise;
(b) all rights granted to the Affiliate under this Agreement shall immediately terminate and the Affiliate shall cease the use of any and all trademarks, service marks, logos and other designations vested in the Company and the Website(s);
(c) the Affiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however, provided that the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date;
(d) if this Agreement is terminated by the Company due to the Affiliate’s breach of any terms and conditions of this Agreement, the Company shall be entitled to withhold the Affiliate’s earned but unpaid Commissions as of the termination date as collateral for any claim arising from such breach.
6. Confidentiality
61.1 All Confidential Information shall be treated confidential must not be used for own commercial or other purposes or shared to any person or third party neither direct nor indirectly without the prior explicit and written consent of the Company.
6.2 The Affiliate shall not to use the Confidential Information for any purpose other than the performance of its obligations under this Agreement.
6.3 This clause 6 shall survive the termination of this Agreement.
7. Miscellaneous
7.1 In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail.