Stech Technology Standard Affiliate Terms and Conditions
Last updated: June 2019
Stech Technology UK Limited is a company incorporated in England and Wales with company number 10897880 and registered address at 1 Primrose Street, London, England, EC2A 2EX. These Terms & Conditions are for all B2C websites.
As of 26/06/19, the sites involved in these Terms & Conditions are:
SpaceCasino - www.spacecasino.co.uk
These terms and conditions (?Terms and Conditions? or ?Agreement?) govern the terms on which affiliate partners (?Affiliate?, ?You?) agree to work as an affiliate to us. ?If you do not agree to these Terms and Conditions (or are not authorised to do so), then you should not join our affiliate network and please exit this website. We reserve the right to amend any part of these Terms and Conditions at any time, and therefore please check these Terms and Conditions on a regular basis. Your continued participation in our affiliate programme after we have posted the amended Terms and Conditions will constitute acceptance of the amended Terms and Conditions.
To enrol please read this Agreement and then submit a complete Affiliate Application to us. We will evaluate your application and notify you, in our sole discretion, whether your application was accepted.
In order to register as an affiliate, You must complete our online registration form and provide us with accurate and comprehensive information. We may ask for and contact professional references from You.
2. STech Obligations
2.1. We are responsible for developing and maintaining specified B2C Websites. We reserve the right to change, amend or vary the Website at any time, including our logo, branding, name, products and functionality.
2.2. Within 14 days following the end of each calendar month, We shall provide you with a report setting out activity in the previous month by Customers, and the corresponding Revenue Share due to You which shall be payable within 14 days following the end of each calendar month. Upon written request by You, We shall provide You with an ability to review and audit our systems in order to verify our calculation of the Revenue Share due to you.
2.3. Payment shall be made to you in GBP unless agreed otherwise.
2.4. This Agreement and the Services provided is a non-exclusive arrangement with You.
2.5. We shall provide You with approved marketing materials through which You shall provide the Services. Approved marketing materials shall be provided to you by email and/or through our affiliate platform and We shall notify You by email when new materials are added to the affiliate platform.
3. AFFILIATE SERVICES
The Affiliate shall carry out online marketing activities in a professional, proper and lawful manner in order to provide respective Stech Brands with new Customers (the ?Services?).? A ?Customer? means a new, genuine bona fide, unique customer of the Website resident in any country in which the Website operates who holds and operates an account in accordance with the Website?s Terms and Conditions.
4. AFFILIATES GENERAL OBLIGATIONS AND MARKETING ACTIVITIES
4.1. The Affiliate acknowledges that Space Casino is regulated by the UK Gambling Commission, and that We are bound to the Licensing Conditions and Codes of Practice, and in particular that We are committed to i) preventing gambling from being a source of crime and/or disorder, being associated with crime and/or disorder and/or being used to support crime; and ii) ensure that gambling is conducted in? a fair and open way; and iii) protect children and vulnerable persons from being harmed and/or exploited by gambling (the ?Licensing Objectives?). The Affiliate undertakes to have due regard to the Licensing Objectives and shall act as though it were itself a licensee of the Gambling Commission and demonstrate consideration of and adherence to the Licensing Objectives in the provision of the Services to Us.
4.2. If the Affiliate is contacted by the Gambling Commission, the Information Commissioner?s Office or any other regulatory or law enforcement authority in relation to the Us, the Website, any Customers or similar, the Affiliate must contact Us in writing without delay by email to: firstname.lastname@example.org
4.3. The Affiliate understands and agrees to provide the Services in accordance with all relevant statutory and regulatory requirements. Without limitation, this includes the ASA?s CAP and BCAP Codes of Advertising Practice and the IGRG Code for Socially Responsible Advertising - http://igrg.org.uk/wp/wp-content/uploads/2015/12/Gambling-Industry-Code-for-Socially-Responsible-Advertising-Final-2nd-Edition-August-2015.pdf.? Particularly important requirements are described in this Agreement below.
4.4. The Affiliates understands that, as per Section 2 of the CAP Code, it is important to be clear and transparent to a customer about when they are being presented with an advertisement.
4.5. The Affiliate understands and agrees to provide their services in good faith, taking care not to mislead or confuse potential customers by omission, exaggeration or other means that may constitute a breach of consumer law and rights.? Further bespoke information for online affiliates is available by the ASA - https://www.asa.org.uk/advice-online/affiliate-marketing.html ?
4.6. The Affiliate understands that it must not engage in itself, and must take reasonable measures to ensure that third parties are not assisted in any way, with any action that involves fraud and/or crime whether of players or commercial entities, and that should it know or suspect that this has occurred that it shall immediately cease its activities with Us.
4.7. The Affiliate agrees that any material displaying promotional offers must include or include a link to the relevant promotional terms and conditions.
4.8. The Affiliate understands and accepts that all potential Customers must satisfy Space Casino?s registration and due diligence (KYC) procedures and We have the sole discretion to accept or reject any potential Customer, and moreover has sole discretion to suspend and/or terminate the account of a Customer at any time and for any reason, including without limitation in order to promote responsible gambling and to ensure that crime is kept out of gambling.
4.9. The Affiliate agrees to provide Us with all material requested from time to time to enable Us to verify that You comply with the regulatory obligations and other terms set out in this Agreement and that upon our instruction You shall remove any marketing activity and cease any marketing campaigns promoting Us and/or the Website.
4.10. The Affiliate must not carry out unsolicited marketing activities by text, email, telephone or other messaging without active consent of the recipient.
4.11. The Affiliate is solely responsible for the technical maintenance of any website, social media account or similar that it has in order to provide the Services, and We shall not be liable to You for any loss caused by their unavailability.
4.12. The Affiliate shall only have one affiliate user account.
4.13. The Affiliate is not permitted to sign up for an account on the Website via their own affiliate links/banners.
5. PROHIBITION OF ADVERTISING ON INAPPROPRIATE SITES
The Affiliate shall not promote the Website on sites that We consider inappropriate. Such sites include but are not limited to sites that promote violence, discrimination based on sex, religion, gender, sexual orientation or that are pornographic or otherwise obscene.
6. AFFILIATE OBLIGAITONS TOWARDS PROTECTION OF MINORS
6.1. The Affiliate understands that We do not accept Minors (persons under the age of 18 or the age of consent in any jurisdiction, whatever is greater) on our Website. Accordingly, the Affiliate agrees that it shall not itself, nor shall it allow, assist or encourage others to market and/or promote the Website to Minors. Should We discover that this has happened then We shall immediately terminate this Agreement, without prejudice to our other legal rights.
6.2. The Affiliate understands that advertising rules require that gambling products are not marketed directly to Minors or in a way that is likely to appeal to Minors e.g. through the use of childish cartoons. In particular, the Affiliate is understands and agrees to adhere to the following ASA codes:
6.2.1. Children and age-restricted ads online: https://www.asa.org.uk/resource/children-age-restricted-ads-online.html ?
6.2.2. Non-broadcast code relating to gambling available at: https://www.asa.org.uk/type/non_broadcast/code_section/16.html - by way of example, this includes a prohibition on using an image for advertising purposes of any person gambling or playing a significant role who is or seems to be under the age of 25
7. AFFILIATE OBLIGAITONS TOWARDS RESPONSIBLE GAMBLING AND SOCIAL RESPONSIBILITY
7.1. The Affiliate understands that We take responsible gambling very seriously. Accordingly, the Affiliate agree that is shall not itself, nor shall it allow, assist or encourage others to knowingly contact persons who have problems with their gambling in order to market and/or promote the Website. Should We discover that this has happened then We shall immediately terminate this Agreement, without prejudice to our other legal rights. The Affiliate understands that self-exclusion and suppression files should allow affiliates to de-dupe their list of prospects, and has regard to the specific advice provided by the Gambling Commission in this regard: https://www.gamblingcommission.gov.uk/for-gambling-businesses/Compliance/General-compliance/Social-responsibility/Self-exclusion/Ensuring-self-excluded-customers-do-not-receive-your-marketing-materials.aspx
7.2. The Affiliate understands and agrees to ensure that all marketing communications targeted to customers in the UK include ?www.begambleaware.co.uk? and ?18+ only? links and messages.
8. AFFILIATE OBLIGATIONS TOWARDS DATA PROTECTION AND PRIVACY
The Parties take the protection of personal data belonging to Customer very seriously. Accordingly, the Affiliate agrees that it shall at all times comply with the Privacy and Data Protection (EC Directive) Regulations 2003 (for guidance, see: https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/) alongside the Data Protection Acts 1998 and 2003 as well as the Data Protection Act 2018 (incorporating the GDPR). Guidance on the GDPR is available at http:ico.org.uk/for-organisations/guide/to-the-general-data-protection-regulation-gdpr/ ?Where engaging in direct marketing activities, the Affiliate shall have regard to the ICO Direct Marketing Checklist ? http://ico.org.uk/media/for-organisations/documents/1551/direct-marketing-checklist.pdf
9. AFFILIATE OBLIGATIONS TOWARDS SOCIAL MEDIA
9.1. The Affiliate understands and accept that any marketing carried out on social media including without limitation Facebook, Twitter, Instagram must only be carried out on an account with an 18+ logo in the page bio.
9.2. Promotion through Facebook may only be carried out where the Affiliate has first obtained a Facebook Addendum sign on.
10.1. Gross Revenue means a Customer?s total monthly losses less a Customer?s total monthly winnings generated through the Customer?s use of the Website. Should a Customer have winnings in a given month, the winnings shall not carry over from month to month for the purposes of the calculations described herein.
10.2. 'Net Revenue' means Gross Revenue less fees, bonuses, taxes, chargebacks and other reasonable deductions.
10.3. 'Revenue Share' means a share of 25% of the Net Revenue generated by Customers on the Website which shall be payable by Us to You on a monthly basis. For the avoidance of doubt, Revenue Share shall be payable for the lifetime of each Customer, meaning from the time that a new user registers an account with the Website until such time that the user suspends or closes their account, or ceases to use their account for period of at least 12 months.
10.4. In consideration for the provision of the Services, We shall pay you the Revenue Share. Payment made to You are exclusive of VAT, and if VAT is chargeable it shall be paid in addition.
11. WARRANTIES AND REPRESENTATIONS
11.1. The Affiliate represents, warrants and undertakes that:
11.1.1. The information provided on the registration form is accurate and complete;
11.1.2. It is the owner and/or authorised licensee of any website it uses to provide the Services;
11.1.3. It shall provide the services under this Agreement in compliance with all applicable laws;
11.1.4. The provision of the services shall not infringe the Intellectual Property Rights of any third party;
11.1.5.It has the authority to enter into this Agreement and all necessary licenses, permissions and consents for the purposes of providing the services stipulated in this Agreement;
11.2. Space Casino represents, warrants and undertakes that:
11.2.1. It is the owner and operator of the Website, and shall operate the Website in accordance with the Licensing Conditions and Codes of Practice, as well as applicable data protection and consumer law.
11.2.2. It has the authority to enter into this Agreement and all necessary licenses, permissions and consents for the purposes of providing the services stipulated in this Agreement.
12. TERM AND TERMINATION
12.1. This Agreement commences on the date that We accept your application to become an affiliate with Us, and shall continue unless and until terminated.
12.2. You may terminate this Agreement at any time on notifying us in writing
12.3. We reserve the right to terminate this Agreement at any time in our sole discretion. Without prejudice to the foregoing, We shall terminate this Agreement (and without limiting our other rights and remedies) and may withhold Fees should You breach any of our restrictions on the categories of people to whom You direct your marketing activities.? On termination of this Agreement, You must immediately cease to use our Intellectual Property Rights.
12.4. This Agreement shall terminate ipso facto if any party becomes insolvent or ceases trading
12.5. This Agreement shall automatically terminate should We terminate our affiliate programme.
12.6. This Agreement shall automatically terminate should our licence from the Gambling Commission be suspended or revoked.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. 'Intellectual Property Rights' means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks, logos and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software and source code, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered.
13.2. The Affiliate acknowledges and agrees that Space Casino is the owner and/or authorised licensors of all Intellectual Property rights in the Website. Except as expressly stated herein, this Agreement does not grant to the Affiliate and/or any third party any rights to the Website.
13.3. During the term of this Agreement, We grant the Affiliate a non-exclusive, non-transferable, revocable licence to use our Intellectual Property Rights for the sole purpose of fulfilling its obligations under this Agreement. You may not change, amend, alter or adapt in any way our Intellectual Property Rights without our express permission.
14. CONFIDENTIAL INFORMATION
14.1. 'Confidential Information' mean information relating to past, present or future products, software and source code, research, processes, techniques, pricing, designs or other technical information and data, and marketing plans and copy and all other information reasonably known to be confidential that either party (a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or (b) may receive hereunder from the other.
14.2. Each Party shall in all respects keep confidential and not at any time disclose or make known in any other way to anyone whomsoever or use for its own or any other person's benefit or to the detriment of the other Party any Confidential Information, provided that:
14.2.1. such obligation shall not apply to information which becomes generally known (other than through a breach by any Party of this Clause 14); and
14.2.2. any Party shall be entitled at all times to disclose such information as may be required by law or by any competent judicial or regulatory authority or by any recognised investment exchange or for tax or accounting purposes (provided that, so far as practicable, the disclosing Party shall consult with the other Parties prior to making such disclosure).
15.1. The Affiliate shall indemnify Space Casino including its directors, officers and employees, against any loss, damage, fines, penalties, cost or expense (including reasonable legal fees) resulting or arising (directly or indirectly) from any breach of this Agreement.
15.2. We shall not be responsible or liable for any claim or dispute between you and a Customer or prospective customer.
15.3. Our Website is provided ?as is? without any express or implied warranty of any kind, and all warranties implied by law including warranties of merchantability, fitness for any particular purpose are hereby excluded to the fullest extent permitted by law. We do not warrant nor guarantee that the Website will be error free, uninterrupted, secured or free of viruses or bugs and shall not be liable to You for any such matters.
15.4. We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, loss of goodwill and/or similar losses or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
15.5. Our total aggregate liability to You in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance of this agreement shall be limited to ?10,000. ?Nothing in this Agreement excludes liability for death or personal injury nor fraud or fraudulent misrepresentation.
Each party will comply with all applicable laws relating to anti-bribery and anti-corruption including, but not limited to, the Bribery Act 2010 (?Relevant Requirements?) and not do or omit to do anything which could place the other party in breach of the Relevant Requirements and agrees that it shall not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the United Kingdom.
17.1. It is the Affiliate's responsibility to declare taxes from the Revenue Share and any other revenues earned by the Affiliate under this Agreement.
17.2. We are not responsible for the way cookies are notified to Customers on websites operated by You, nor for the way cookies are tracked. The maintenance of the cookie/tracking code is the responsibility of the Affiliate. We simply display the results of the tracking for You.
18.1. Rights and remedies. The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
18.2. Notices. Any notice given to a party under or in connection with this agreement shall be in writing
18.3. Force Majeure. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for six months, the party not affected may terminate this agreement by giving 30 day?s prior written notice to the affected party.
18.4. No partnership or agency. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or join venture between any of the parties.
18.5. Rights of Third Parties. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
18.6. Severance. If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial results of the original provision. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
19. DATA PROTECTION
19.1. The Parties acknowledge and agree that the Affiliate shall be the ?data controller? (as defined in the Data Protection Act 2018) in relation to any personal data collected and/or processed via any website operated by the Affiliate for the purpose of providing the Services.
19.2. The Affiliate warrants, represents and undertakes that, to the extent required by law, it shall be registered with the Information Commissioner?s Office and all applicable data protection authorities.
19.3. The Affiliate shall provide all necessary information and material required by Space Casino for the purposes of dealing with any complaints by Customers and/or any other end users in relation to the Affiliate and any website operated by the Affiliate for the purpose of providing the Services, and the Affiliate shall provide Space Casino with any information it requires for the purposes with complying with any requests and audits from the Gambling Commission and any other relevant authority.
20. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.