These terms and conditions apply to the Sweetspot Affiliate Program and are the sole and prevailing terms and conditions between the Company, any Sweetspot Websites and the Affiliate. All changes or amendments to these terms and conditions shall be solely decided by the Company and will take effect from the date that they are published on this website.
Version 2.0. Updated 9th May 2022.
- Definitions and Interpretations
“Agreement” means these Terms and Conditions and the Application.
“Affiliate” or “you“ means the party applying to (and whose information has been submitted in the affiliate application) become part of the Affiliate Program
“Affiliate Program” means the collaboration between the Company and the Affiliate, where the Affiliate promotes the Sweetspot Websites and, in this way, generates new players to the Company.
“Affiliate Website(s)” means the channel(s) (website/application/widget etc.) maintained and operated by the Affiliate from which traffic is generated to the Sweetspot Websites.
“Application“ means the Affiliate’s application to join the Affiliate Program.
“Commission“ means the payment due to the Affiliate, calculated based on the number of Referred Customer and the revenue generated from Referred Customer as set out in the commission structure communicated by the Company to the Affiliate.
“Company” means Heroic Promotions Limited, a company incorporated in Gibraltar, with registration number 111502 with its registered address at 2 Irish Town Gibraltar GX11 1AA, Gibraltar. References to the Company in this Agreement may include other companies within the same company group as the Company.
“Confidential Information” means all sorts of information including but not limited to commercial, financial, technical, intellectual or essential for any of the Parties. For example, list of customers, records, financial reports and conditions, trade secrets, know-how, prices and sale information, business know-how, products, strategies, database, technology, marketing plans, manners of operation, market opportunities, designs, inventions, developments and personal data of the Company.
“Fraud” any form of fraud committed by an Affiliate or a Referred Customer of an Affiliate, which in the Company’s sole opinion is undertaken by a Referred Customer and / or an Affiliate to secure a real or potential unfair or unlawful gain, including but not limited to chargebacks, bonus abuse, incitement by Affiliate for a Referred Customer to abuse any bonus offer applicable to the Sweetspot Websites, the Affiliate or a third party on the Affiliate’s behalf offering unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up, dropping or stuffing cookies, a Referred Customer holding multiple accounts, a Referred Customer changing play to another Sweetspot Website following being tagged as a HVC;
“Sweetspot Websites” means the websites owned and operated by SweetSpot N.V from time to time including: casitabi.com, mint.io, purewin.com, casino.me, amuletobet.com and any other brands communicated in writing by the Company to Affiliate
”High Value Customer” / “HVC” means a customer which has obtained a cumulative win of €10,000 (ten thousand Euro) (or the equivalent in other currency) in any given calendar month on any Sweetspot Website.
“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, as well as design rights.
“Links” means the hyperlink on the Affiliate Website(s) to the Sweetspot Websites.
“Net Revenue” means: the number of real money bets on the Sweetspot Websites from Referred Customer less (a) the money paid to Referred Customer as winnings, (b) bonuses and/or loyalty bonuses, (c) administration fees, (d) Fraud costs, (e) charge-backs, (f) returned stakes (g) duties or taxes (h) jackpot contribution and (i) any commissions/fees due to third parties for providing/licensing games and/or games software.
“Referred Customer” means a customer of the Sweetspot Websites who (i) has opened a new player account after having been referred from the Affiliate Website(s) to the Sweetspot Websites; and (ii) has made a first deposit on the Sweetspot Websites according to the terms and conditions of the Sweetspot Websites, but excluding the Affiliate itself, its employees, relatives, and/or friends; and (iii) is not already in the customer databases of the Sweetspot Websites (for example if the customer has previously closed its account and opened a new one after referral from Affiliate).
“Party/Parties” means Company and Affiliate.
2.1 By registering for the Affiliate Programme, and / or by accessing and utilising any of the Company’s marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Programme, you represent that: (i) you have read, understood and agreed to be bound to the terms and conditions set out in this Affiliate Agreement and (ii) you are at least 18 years of age (or older if the legal age for gambling is higher than 18 in the territory in which you reside).
2.2 You further agree to comply with all rules and guidelines concerning marketing issued by the Company from time to time, including but not limited to the Marketing Guidelines, which among other things include mandatory market-specific terms.
2.3 This Agreement binds the Affiliate once the application has been submitted, but the Affiliate is not accepted to the Affiliate Program until the Company has approved the application.
- Qualifying Conditions – the Affiliate represent and warrants that:
3.1 It has the full capacity and authority and all necessary licenses, permits, and consents to enter into this Agreement;
3.2 It is a natural person aged 18 years or older (or older when the local laws of the country in which the Affiliate is located require that an individual be older than 18 in order to gamble);
3.3 All information on the Affiliate Application is true, accurate, honest and correct and upon any of the information changing, the Affiliate will immediately notify the Company and, if required resubmit the Affiliate Application;
3.4 The bank account or payment wallet information provided by the Affiliate is a bank account or payment method belonging to the Affiliate;
3.5 The Affiliate is allowed according to both local and international legislation to perform the activities set out in this Agreement;
3.6 It will be subject to sanction and PEP checks and any other such verification checks as the Company shall in its sole discretion at any time deem suitable.
- The Company’s Rights and Obligations
4.1 The Company will evaluate the application and send a written notification via email to the Affiliate regarding acceptance or rejection of the application. The Company reserves the right to refuse Applications for any reason or to require further information from the Affiliate and to rereview Applications at any time during the term of the Agreement, particularly (but not limited to) to ensure compliance with regulations applicable to the Company or the operating companies of the Sweetspot Websites.
4.2 After the acceptance of an Application, a unique player-tracking code will be assigned to the Affiliate, which the Affiliate can use to link to the Sweetspot Websites.
4.3 The Company will record the Net Revenue generated by the Referred Customers, and the total amount of Commission earned to the Affiliate and provide the Affiliate with Commission statistics.
4.5 The Company will, subject to the Affiliates compliance with the terms of this Agreement, pay the Commission to the Affiliate as described in this Agreement.
4.6 The Company reserves the right to cancel, alter, or close the Affiliate Program, and/or alter the provisions of the Agreement at any time as the Company considers appropriate at its sole discretion.
4.7 The Company reserves the right to determine, in its sole and absolute discretion, whether a potential Referred Customer shall be accepted or not. The Company shall also in its sole and absolute discretion be entitled to determine whether to close a Refered Customer’s account if it, in the sole opinion of the Company, is necessary in order to comply with national and international regulations, obey the Company’s (or its relevant corporate group’s) policy and/or to protect the interest of the Company, its customers or any third party.
- The Affiliate’s Obligations and Rights
5.1. The Affiliate hereby warrants and undertakes:
5.1.1 to, at its own expense, actively and effectively market and promote the Sweetspot Websites as widely as possible to maximize the benefits of the Parties;
5.1.2 to use links, promotions, advertising or marketing material provided solely within the scope of the Affiliate Program, and not to use any other material unless specifically authorized by the Company in writing;
5.1.3 that its activities are carried out professionally and lawfully and accordance with the terms of this Agreement;
5.1.4 that it shall always comply with the General Data Protection Regulation (GDPR) and any similar or related privacy legislation applicable to it. This includes, among other things, that the Affiliate shall inform its users about tracking technology used and provide the users with the opportunity to reject such technology;
5.1.5 to solely use links provided by the Company within the scope of the Affiliate Program;
5.1.6 to maintain and develop the Affiliate Website(s);
5.1.7 to conduct its business in a way that reflects favourably upon the Company;
5.1.8 that its marketing activities (including Affiliate Websites) neither do nor will contain any material, which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains pornographic material which is not in line with acceptable standards or which could constitute criminal behaviour, or graphically violent material;
5.1.9 not to target players who are under the legal age for gambling, and shall, for example, not create marketing content which appeals or could reasonably be held to appeal to children or young people;
5.1.10 Not to target any jurisdiction where gambling and/or promotion of gambling is illegal or subject to a license not held by the Company. This currently includes, but is not limited to, the following jurisdictions: the U.S.A., Australia, Italy, France, Spain, Belgium, Denmark, Guyana (French Guiana), Réunion, Guadeloupe, Martinique, China or Hong Kong;
5.1.11 Not to generate traffic to the Sweetspot Websites through illegal means or Fraud. For the avoidance of all doubt, therefore, may neither you nor your immediate family or friends become a Referred Customer, and you shall not be entitled to any payment under this Agreement concerning such activity. Immediate family in this context means your spouse, partner, parent, child, or sibling. For the avoidance of doubt, violation of this provision shall be deemed as Fraud;
5.1.12 not to present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the Sweetspot Websites or convey the impression that the Affiliate Website is partly or wholly originated or incorporated with/from the Sweetspot Websites and/or the Company;
5.2 Except for the marketing material provided by the Company and/or made available online through the website www.sweetspotaffiliates.com, the Affiliate may not use “casitabi.com”, “mint.io”, “purewin.com”, “casino.me” or other terms, trademarks and any Intellectual Property Rights of the Company or the owners/operators of the Sweetspot Websites unless the Company consents to such use in writing. This includes the registration and usage of domain names containing “casitabi”, “pure”, “purewin”, “mint”, “casinome” or misspelling of the same, as well as buying search traffic based on the search phrase “CasiTabi”, “casi tabi”, and “Purewin”, “pure win”, “pure”, “mint”, “casinome”, “amuletobet”, “amuleto bet”.
5.3 The Affiliate shall ensure that login details provided by the Company are kept confidential, safe, and always secure. Any unauthorized use of login details resulting from the Affiliate’s failure to protect the login information adequately shall be the Affiliate’s sole responsibility. The Affiliate remains solely responsible and liable for all activity and conduct occurring under its user ID and password. The Affiliate shall inform the Company immediately if the Affiliate suspects illegal or unauthorized use of its credentials.
5.4. The Company reserves the right to freeze the Affiliate’s account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through Fraud or in breach of the terms and conditions of the Agreement.
6.1 The Company shall pay the Affiliate the Commission as specified below. The Commission is at all times subject to the terms and conditions of this Agreement and exclusively based on the number of Referred Customers and/or the revenue generated from the Referred Customers and shall be deemed to be inclusive of value added tax or any other applicable tax. The Company reserves the right to change payment methods at its discretion. For the avoidance of doubt, when calculating the Commission, Referred Customers generated by the Affiliate across all Sweetspot Websites shall be bundled together.
6.2 The Commission payable by the Company to the Affiliate will be calculated at the end of each month and the payment(s) will take place in the first twenty (20) working days of the next calendar month. Payment will take place only when the Commission has reached the minimum of €200. If it has not reached the minimum amount of €200, it will be accumulated and carried over to the following month(s) until the €200 is reached and/or exceeded and the Company can proceed with the payment. The Commission will be paid in Euro (€).
6.3 Where Commission earned by an Affiliate in relation to a HVC results in a negative amount in any calendar month, the Company reserves the right at its sole discretion to carry forward, in full, any such negative amounts and set off the amounts which have been carried forward against any future Commission payable to the Affiliate in relation to the same HVC until the negative balance has been fully set off against future Commission.
6.4 Payment of Commission shall be realized only by the payment method chosen by the Affiliate in the application. Where such payment is unable to be made, due to no fault of the Company, the Company will not be liable for the same and shall not be under any obligation to make payment via an alternative method. The Affiliate acknowledges that requesting that the Company make payment to a source other than the one verified by the Company at the time of the Application (or later if such verification takes place at a later stage) could constitute a breach of anti-money laundering or similar regulations and therefore such requests shall be refused by the Company.
6.5 If an error is made in the calculation of the Commission, the Company at its sole discretion reserves the right to correct such calculation at any time and will immediately pay out underpayment or deduct the overpayment made to the Affiliate in the future commission payment.
6.6 If the Affiliate disagrees with the balance of the Commission reported, the Affiliate must notify the Company within fifteen (15) working days, presenting the reasons for such dispute on the following email address: firstname.lastname@example.org. Failure to report a dispute within the time limit shall be considered as an irrevocable acceptance of the balance due for the period indicated.
6.7 The Affiliate’s acceptance of the payment of the Commission shall be assumed to constitute the full and final settlement of the balance due for the relevant period.
6.8 If the Company suspects the terms and conditions have been breached or Fraud has occurred, payments to the Affiliate may be held over for investigation and the Affiliate account frozen until the Company can validate that there has been no breach of the Agreement. If your account remains frozen as a consequence of this clause 6.8 for a continuous period of 180 days, in the absence of: satisfactory explanation; or evidence to prove legitimate dealings, funds remaining in the Affiliate account will be removed and the Affiliate account closed.
6.9 The Affiliate shall return the number of Commissions (plus any further costs of the Company is pursuing any such amounts) received based on fraudulent or otherwise invalid transactions. Such Commissions may be deducted from future commissions until the funds have been paid back in full.
6.10 The Affiliate takes full responsibility to pay any applicable social security contributions (taxes, levies, fees, charges, and any other money payable both locally and abroad to any tax authority) on the remuneration received 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 reimburse the Company for any such cost incurred by the Company.
- Use of Marketing Material
7.1 The Affiliate is granted a revocable, limited, non-exclusive, non-transferable right to display the marketing material provided within the scope of the Affiliate Program on the Affiliate Website(s) for the duration of this Agreement. The Affiliate shall make no other use of the marketing material. The Affiliate shall not be entitled to sub-license or otherwise assign any right of use (in whole or in part) of the rights granted hereunder.
7.2 The Affiliate is not allowed to alter or modify any of the marketing material without the prior written permission of the Company.
7.3 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) following what is agreed between the Company and the Affiliate.
7.4 The Company reserves the right to monitor the Affiliate Website to ensure the Affiliate’s compliance with the terms and conditions of this Agreement and the Affiliate accepts to provide the Company with all data reasonably requested to perform such monitoring.
7.5 The Affiliate should not take any action which could confuse the relationship of the Company and/or the Sweetspot Website and the Affiliate.
- Termination and Commission Qualification
8.1 This Agreement may be terminated without cause by either party with a thirty (30) day written notice via email to the other party.
8.2 The Company is entitled to terminate this Agreement with immediate effect by giving written notice of termination to the Affiliate if the Affiliate is in breach of the terms of this Agreement. If the Company stops offering its online gaming services through the Sweetspot Websites, this Agreement will terminate automatically.
8.3 The Company reserves the right to terminate this Agreement with immediate effect by giving written notice of termination to the Affiliate in the following cases:
- Any breach of the Affiliate Terms;
- The Company identifies suspicious betting patterns that suggest activity where Referred Customer(s), are benefiting, for instance, from incentives from the Affiliate to recoup losses and/or other fraudulent activities. The Company also reserves the right to withhold any earnings accumulated from such gameplay.
- Bankruptcy, insolvency or liquidation is instituted by or against the Affiliate, or if the Affiliate ceases to do business in the ordinary course.
8.4 On the termination of this Agreement the Parties agree that all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations of the Company. Mainly, the Affiliate must remove all references to the Sweetspot Websites from the Affiliate Website(s) and close any promoting or marketing activity relating to the Sweetspot Websites.
8.5 On the termination of this Agreement, the Affiliate will be entitled to already earned, and unpaid Commissions (which are not in breach of the Agreement) after the effective date of termination provided that the termination is not based on a breach by the Affiliate.
8.6 The Affiliate will not be entitled to any reimbursement for any advertising, market development, investments, leases, or other costs incurred before or after any termination of this Agreement.
8.7 If this Agreement is terminated due to the Affiliate’s breach of this Agreement, the Company shall be entitled to keep on hold the Affiliate’s earned but unpaid Commissions as collateral for any claim arising from such breach.
8.8 Upon the termination of the Agreement, the Affiliate is obliged to return to the Company all sorts of Confidential Information and marketing materials.
8.9 A termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred before termination.
8.10 Clauses by their nature intended to survive the termination of this Agreement, including but not limited to, Clauses 9 and 10 shall remain in force after termination.
8.11 the Company wants to work with the best and most active Affiliates and because of this the Company may, at its sole discretion, opt to implement a minimum volumes requirement to the Affiliate account. Such minimum volume requirement, if implemented by the Company, shall operate as follows: the Affiliate shall be obliged send a minimum of 5 Referred Customers in any given month. In the first month where the Affiliate fails to send 5 Referred Customers (“the Minimum Volume Amount”), the Commission shall be reduced by 50%. If the Affiliate then fails in the following month to send the Minimum Volume Amount, their Commission shall be set to zero% until the Minimum Volume Amount is met. For the avoidance of all doubt, for any period where the Company applies the Minimum Volume Amount to any Affiliate Account, the payments shall be made for those periods in accordance with this clause and such payment shall be in full and final settlement for the relevant periods. No further notice is required by the Company to invoke this provision.
9.1 Confidential Information shall be kept in strict confidence during the term of the Agreement and for five (5) years thereafter and may only be used for the purpose performance of this Agreement.
9.2 All Confidential Information provided or made available by the Company under this Agreement shall remain the sole and exclusive property of the Company.
- Intellectual Property
10.1 This Agreement will not grant either party any right, title to or interest in the Intellectual Property Rights of the other Party. In other words, nothing in this Agreement shall constitute an assignment, transfer, or any other right to any Intellectual Property Rights except for the license expressly set out in this Agreement.
10.2 All Intellectual Property Rights and any goodwill arising in Links and all marketing material, products, associated systems and software relating to the Sweetspot Websites shall remain the property of the Company (or its group companies).
10.3 The Affiliate shall use every effort to safeguard the intellectual property rights of the Company and the owners of the Sweetspot Websites. The Affiliate shall not act in a way which is inconsistent with or undermines the ownership of any of the trademarks contained in the marketing material. The Affiliate shall not use such trademarks as its trade name or company name, attempt to register or challenge any name, mark, design, logo, websites or other branding material that is similar to or may be confused with Sweetspot Websites and/or of the Company’s intellectual property. Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the trademarks of the Company or which include the words “Casi Tabi”, “Pure Casino” or variations thereof.
10.4 The Affiliate shall immediately notify the Company if it becomes aware of any infringement or improper use of the Company’s intellectual property. The Company is not obliged to defend its Intellectual Property rights, but if the Company opts for defending its rights, the Affiliate shall at its own cost and to a reasonable extent assist the Company.
10.5 The Affiliate may not under any circumstances combine the Company’s intellectual property with third party intellectual property unless expressly permitted. As an example, images or logotypes which are not provided by the Company may not be used in conjunction with the advertisements.
- Indemnity and Limitation of Liability
11.1 The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders, and partners 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 Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.
11.2 The Company shall not be responsible for any indirect losses or damages incurred by the Affiliate, damages due to business interruption, or loss of information, even if such losses should arise from the inability of the Company to operate its Affiliate Program as stipulated in this Agreement.
11.3 The Company makes no guarantee of the accessibility of the Sweetspot Websites at any time or any location. The Company shall not be liable to the Affiliate or anyone else for any inaccuracy, error or omission, loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Sweetspot Websites or the Affiliate Program.
- Relationship of the Parties
12.1 This Agreement shall not allow interpreting either party as an employee, agent or legal representative of the other party; nor to create any partnership, joint venture, association or syndication among or between the Parties; nor to offer to either party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other party.
- Disputes and Governing Law
13.1 This Agreement shall be construed in accordance with and be governed by the laws of Malta.
13.2 Each Party irrevocably submits to the Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with this Agreement and/or its enforce-ability.
13.3 The Affiliate must unless otherwise agreed by the parties, or required by applicable law, treat all information disclosed during the arbitration by or on behalf of the parties and all matters relating to the arbitration (including the existence of the arbitration) and the award, as Confidential Information.
14.1 Any notice given or made under this Agreement to the Company shall be sent by email to email@example.com. If an email is received after 5.00 pm on a Workday or occurs on any day which is not a Workday, the notice shall be deemed to have been received at 9.00 am on the next Workday. “Workday” shall mean any day which is not a Saturday, a Sunday or a bank or public holiday in Sweden and/or Malta.
14.2 The Company shall send all notices by email to the email address supplied by the Affiliate in the application.
14.3 The Company and the Affiliate will always work in close cooperation for the mutual benefit of making the Affiliate Program a successful collaboration.
14.4 The Affiliate may not assign this Agreement or any rights here-under, by operation of law or otherwise, without the prior written consent of the Company.
14.5 The Affiliate must adhere to all regulations, regardless of whether not explicitly expressed.
14.6 Neither Party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force major event subsists for a period exceeding thirty (30) days, then either party may terminate this Agreement with immediate effect by providing a written notice.