TERMS & CONDITIONS: tombola AFFILIATE PROGRAM

The following are the terms and conditions of your agreement to become a member of the tombola Affiliate Program. By applying to be an affiliate and placing a link to tombola from your website, you agree to be bound by all the terms and conditions set forth in this agreement. You (“affiliate”, “webmaster”) and tombola (“we” or “us”) are the parties to this agreement.

To apply to be an affiliate of tombola you must be over 18 years of age.

Modifying This Agreement

tombola may modify any of the terms and conditions contained in this agreement, at any time and at its sole discretion, by sending you a notice identifying the changes. Modifications may include, but are not limited to, changes to the payment schedule or other rules. IF ANY CHANGE IN THE AGREEMENT IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING TOMBOLA IN WRITING. CONTINUED PARTICIPATION IN THIS PROGRAM FOLLOWING OUR MAKING A CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Your Rights and Responsibilities

Linking to tombola

By agreeing to participate in the tombola Affiliate Program, you agree to create a unique link from your site to tombola. The form of such link must be approved by tombola, or by its agent. You shall not make any claims, representations, or warranties in connection with tombola, and you shall have no authority to, and will not, bind tombola to any obligation without first obtaining written permission from tombola or its authorised agent.

Agreements

You agree to all of the terms set forth herein and to positively endorse tombola at all times and maintain a site content that is free of pornography, child pornography or other illegal sex acts, promotion of violence, promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotion of illegal activities, or violation of intellectual property rights.

You must provide true and complete information to tombola at all times; including but not limited to, your identity, contact information, payment instructions, main URL any other information that tombola may reasonably request from time to time.

tombola grants you the non-exclusive right to direct individuals to our site and services, in accordance with the terms and conditions of this agreement. You shall have no claims to referral fees or other compensation on business secured or partially secured by or through persons or entities other than you. You also understand that tombola may at any time (directly or indirectly) solicit referrals on terms that may differ from those attained here, or operate or contract with websites that are similar to, or compete with, your website.


Commission & Payment calculations

Affiliate commission fees will be a percentage of the net gaming revenue. Net gaming revenue is defined by tombola as stakes per game multiplied by the average retention per game less 10% cash costs, where cash costs cover transaction processing fees, user verification fees and charge backs.

There are two types of payment options, a revenue share plan and a CPA commission plan. Each commission structure is set over three levels.

Revenue Share

All commission payments will be calculated on the net gaming revenue generated by players sent through by each affiliate per month.

All affiliates will be paid commission for 12 months from the first game played by any player who generates net gaming revenue for tombola.

Affiliates will be paid within 28 days after month end for the value that has been generated in net gaming revenue by players sent to tombola from the affiliate site in the previous month.

There are 4 levels of commission payments.

1. Up to £750 net gaming revenue generate – 35% net gaming revenue share
2. Between £751 - £1500 net gaming revenue generated – 40% net gaming revenue share
3. Between £1501-£3000 net gaming revenue generated – 45% share net gaming revenue share
4. Over £3001 net gaming revenue generated - 50% share net gaming revenue share

CPA
Level 1 : 0 – 24 players £25 CPA Payment
Level 2 : 25 – 49 players £30 CPA Payment
Level 3 : 50 - and above £35 CPA Payment

To trigger the CPA payment, players must spend at least £25.

Fee Schedule and Payment

Modifications to the fee schedule are effective when made, notwithstanding failure to notify any person. IF ANY CHANGE IN THE FEE SCHEDULE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING TOMBOLA IN WRITING. CONTINUED PARTICIPATION IN THIS PROGRAM FOLLOWING THE CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Payment will be made monthly, by the 15th day of the month, and credited to your specified tombola account. tombola may accrue credits until such credit(s) equal at least £10.

Once you become an affiliate, you will have access to all marketing material containing a unique affiliate code. When a potential customer links to tombola's website, they receive a cookie on their computer with your code. This code will generally stay on their computer for 30 days unless removed. If the customer leaves the site and returns while the cookie is active they will be recognised as your referral. When they register at tombola during this time period, your customer's account will be tagged with your code. tombola is not responsible for any problems or errors with the process of tagging an account with your code.

Deposit of payment or acceptance of payment transfer will be deemed full and final settlement of all fees due for the month indicated unless you send us notice of disagreement with the amount payable within twenty (20) days from the date payment is made. The failure to timely send such notice irrevocably waives your right to contest any fees due for the relevant time period and any prior time period.


Responsibility for your site and other marketing materials

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. tombola disclaims all liability for these matters. Further, you will indemnify and hold tombola harmless from all claims, damages and expenses (including, but not limited to, attorneys' fees) relating to the development, operation, maintenance and contents of your site and marketing materials and your performance of this agreement.


Spam
You agree to refrain from utilising 'spam' for marketing our products and services (all email marketing must be based on commonly accepted opt-in rules). tombola does not permit any affiliates to participate in obtaining players using SPAM. Any affiliate found to be engaging in such activity will have their account and any earnings suspended from the tombola affiliate program.


Emailing to opted in bulk lists.

If you intend to use tombola ( or any offers run on tombola ) as part of your own marketing activity, you must seek permissions from tombola.


You must also follow the guidelines set out below :

• All emails must have a clear unsubscribe feature.
• Any emails must not be sent to anyone under the age of 18.
• All emails should include your company name and header and should not be passed of as originating from tombola.
• All emails must be sent to users who have agreed willingly to receive such emails.
• Affiliates will be held responsible for any legal fees incurred from sending such emails.

Restrictions for PPC campaigns

tombola does not permit their affiliates to drive pay per click traffic to an affiliate site or tombola via any search engine directory or online database by bidding on the tombola trademark or any tombola exclusive games.

The specifically includes but is not limited to:

tombola
tombola bingo
tombola uk
tombola com
tombola co uk
tombola bingo 90
tombola bingo 80
tombola bingo 75
tombola bingo 60
tombola bingo 50
tombola Lucky 7
tombola the heist 
tombola Pulse
Pulse tombola
tombola Cinco
cinco tombola
tombola battleships
tombola hamster race
tombola bandit
tombola bingo Lite
Bingo Roulette 
tombola Roulette 
Roller-Coaster  
tombola pirates  
tombola playmates
tombola FREE game 

Affiliates are not permitted to register or attempt to register any or names that are deceptively similar to the name TOMBOLA or any other related brands, games logos or trademarks.

 
License to Use Marks


tombola hereby grants you a non-exclusive, non-transferable license, during the term of this agreement, to use the tombola intellectual property marks provided by tombola solely in connection with the promotion of [Merchant Site]. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to, and arises only out of, this license to use [Merchant Site] material. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. Further, you agree to keep information about tombola current on your site.

Confidential Information

During the term of this agreement, you may be entrusted with confidential information relating to the business, operations or underlying technology of tombola and/or the referral program. You agree to avoid any disclosure to third persons or outside parties or unauthorised use of the confidential information unless you have our prior written consent and that you will sue the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this agreement.


Anti-Predatory Advertising Policy

No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users online access, view or usage of, or other aspect of the web users online experience at any affiliates webpage (as defined below) in a manner that causes or otherwise results in a different experience from that which was otherwise intended by such affiliate.

No Affiliate will block, alter, direct or redirect, substitute, insert or append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to [Merchant Site] to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of [Merchant Site] with respect to any individual transaction.

Affiliates will be removed from the tombola Affiliate Program and forfeit any pending commissions if they are utilising or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.

Term and Termination

The term of this agreement will begin when you submit the sign up page and will be continuous unless and until either party notifies the other in writing that is wished to terminate the agreement. Termination may be accomplished by either you or tombola for any reason or no reason at any time by providing notice to the other party. For purposes of notification, delivery via email is considered a written and immediate form of notification.

If termination is by tombola and is not caused by violation of this agreement, you will be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination and as subject to modification described above.

If termination is initiated by you or is initiated by tombola as a result of a violation of this agreement, you will not be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination. Nor will you be entitled to referral fees with respect to play occurring after the termination date.

You must remove all tombola banners/icons from your site and disable the link from your site to tombola upon termination of this agreement for any reason.

All rights and licenses given to you in this agreement shall immediately terminate upon termination of this agreement for any reason.

Upon termination of this agreement for any reason, tombola may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Upon termination of this agreement for any reason, you will return to tombola any confidential information, and all copies of it in your possession, custody and control, and will cease all uses of any trade names, trademarks, service marks, logos and other designation of tombola.

Before or after termination of this agreement, tombola reserves the right to modify this agreement or the fee schedule as described above, with such modification effective immediately.

Relationship of Parties

Both you and tombola are independent contractors and nothing in this agreement will create any partnership, joint venture, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts anything in this paragraph.


Indemnity

You shall defend, indemnify, and hold tombola, its directors, officers, employees, agents and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement; (b) the performance of your duties and obligations under this agreement; (c) your negligence; or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.

Force Majeure

Neither party shall be liable hereunder by reason of any failure of delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fire, flood storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, or any other cause which is beyond the reasonable control of either party,



Disclaimers

tombola makes no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage). In addition, tombola makes no representation that the operation of our site will be uninterrupted or error-free, and tombola will not be liable for the consequences of any interruption errors.

Operating Agreement and Disclosure

Limitations of Liability

tombola WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE REFERRAL PROGRAM, EVEN IF TOMBOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, tombola’s AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT. Nothing in this agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this agreement. Our obligations under this agreement do not constitute personal obligations of shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

tombola may in its sole discretion, with or without notice, use any available means to block or restrict certain players, sign ups, deposits or play patterns so as to reduce the number of fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. tombola does not guarantee or warrant the success of such fraud prevention efforts.

Governing Law

This agreement will be governed by the laws of The UK, without reference to rules governing choice of law. Any action relating to this agreement must be brought in the UK and you irrevocably consent to the jurisdiction of its courts. YOU AGREE TO BRING ANY ACTION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT IN PANAMA AND IN NO OTHER JURISDICTION.

Assignability

You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding and enforceable against you and tombola.

Non-Waiver

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. NO MODIFICATIONS, ADDITIONS, or DELETIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY tombola. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

Remedies

Our rights and remedies shall not be mutually exclusive, i.e. the exercise of one or more of the provisions of this agreement shall not preclude the exercise of any other provision. You acknowledge, confirm and agree that damages may be inadequate for a breach or a threatened breach of this agreement and, in the event of a breach, or threatened breach of any provision of this agreement, the respective rights and responsibilities of the parties may be enforceable by specific performance, injunction or other equitable remedy. Nothing contained in this agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

Severability/Waiver

Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this agreement 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 this agreement or any other provision. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

Operating Agreement and Disclosure

You understand that gambling laws may vary from country to country. YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO TOMBOLA THAT YOU MAY PARTICIPATE IN ITS AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.

By submitting your request to become an affiliate, you acknowledge that you have read this agreement and have independently evaluated the desirability of participating in this program and are not relying on any representation, guarantee, or statement other that what is set forth in this agreement, and that you agree to all its terms and conditions.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE LIABILITY LIMITATIONS AND DISCLAIMERS IN CAPITALIZED LETTERS ABOVE.