Terms & Conditions

1. DEFINITIONS

1.1. “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.

1.2. “Affiliate Account” means the account of the Affiliate set up after or prior to an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by the Company, i.e. the Company’s manager that will contact within 24hs after Affiliate Application submission.

1.3. “Affiliate 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 and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.

1.4. “Affiliate Application” means the application made for participation in the Affiliate Program.

1.5. “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other websites to Company Websites.

1.6. “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links. For such services, the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable productspecific Commission Structure.

1.7. “Affiliate Wallet” means an online wallet that an Affiliate can use for receiving payments due to the Affiliate from The Company.

1.8. “Affiliate Website” means any website that is maintained, operated, or otherwise controlled by the Affiliate.

1.10. “Company Websites” means the website https://bambabet.com/ or other websites (including mirror websites) as may be added to this Affiliate Program from time to time.

1.11. “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.

1.12. “Commission Structures” means any specific reward structures expressly agreed upon between the Company and the Affiliate.

1.13. “Confidential Information” means any information of commercial or essential value relating to the Company such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans and manners of operation.

1.14. “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature.

1.15. “New Customer” means a new, first-time customer of the Company who made the first deposit amounting to at least the applicable minimum deposit at Company Websites ’player account. This excludes the Affiliate, its employees, relatives, and friends.

1.16. “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.

2. AFFILIATE OBLIGATIONS

2.1. Affiliate Application The Affiliate Application is an integral part of the Affiliate Agreement. We will refuse to accept an Affiliate Application without providing grounding to you. This decision may not be appealed. We will notify you by email if your Affiliate Application is successful. We may ask you to provide any documentation to verify the Affiliate Application, or the Affiliate Account information at any time during the term of the Affiliate Agreement. You must provide information that is correct and that such information is kept up-to-date at all times.

2.2. Affiliate login details You must ensure that login details for your Affiliate Account are kept confidential and secure. Any unauthorized use of your Affiliate Account resulting from your failure to adequately guard your login information shall be your sole responsibility, and you remain solely responsible and liable for all such activity occurring under your Affiliate Account user ID and password (whether such activity was undertaken by you or not). You should inform us immediately if you suspect illegal or unauthorized use of your Affiliate Account.

2.3. Affiliate Program participation You must not open an Affiliate Account for a third party and/or act on its behalf. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. You must not open more than one Affiliate Account without our prior written consent. You acknowledge and ensure that all activities taken by you under the Affiliate Agreement will be in the Company’s best interest and will in no way harm the Company’s reputation or goodwill. You may link to the Company Website using the Affiliate Links or other such materials as we may approve from time to time.

2.4. Affiliate Website You are solely responsible for the Affiliate Website and all materials on it. You must acknowledge and ensure that the Affiliate Website is compliant with all applicable laws, including applicable data privacy regulations. You must not present the Affiliate Website in such a way that it may confuse with the Company Website, or so that it may give the impression that it is owned or operated by the Company. The Affiliate Website must not contain any defamatory, libelous, discriminatory, or otherwise unsuitable content (including, but not limited to, violent, obscene, derogatory, or pornographic materials or content that would be unlawful in the target country).

2.5. Valid traffic and good faith You must not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly e.g. by using associates, family members, or other third parties. You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this. Such New Customer (whether notified by you or later discovered by us) is not regarded as a New Customer under the Affiliate Agreement, and thereby no Commission shall be payable about such New Customers. Additionally, the Affiliate’s Account may temporarily or permanently be blocked, frozen, or erased in case the Company has reasonable suspicion that the Affiliate is engaged in fraudulent activity, or is referring a New Customer engaged in fraudulent activity. Fraudulent activity includes but is not limited to automated/bot traffic or registrations, unauthorized usage of users ’devices, incentive traffic/registrations, advertising or financial fraud, or any other activity that the Company may deem suspicious.

2.6. Unsuitable websites You will not use any Affiliate Links or otherwise place any digital advertisements featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.

2.7. Affiliate Links The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website. You will only use Affiliate Links provided by the Company within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to the Company’s Web sites) is prohibited.

2.8. Email and SMS marketing If sending any emails or SMS communications to individuals which (i) include any of the Company’s Intellectual Property Rights; or (ii) otherwise intend to promote Company Websites, you must obtain our permission beforehand. If such permission is granted by the Company, you must then ensure you have every recipient’s explicit consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and that such individuals have not opted out of receiving such communication. You must also make it clear to the recipient that all marketing communications are sent from you and are not from our Company.

2.9. Use of Company Intellectual Property Rights Any use of the Company’s Intellectual Property Rights must be by any brand guidelines issued to you from time to time and are always subject to the approval required in the clause below. You will not register domain names, as well as search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service, or another referral service that are identical to any of the Company’s trademarks or otherwise include the Company trademarks. You will not use any advertising layout or creative materials (including banners, images, and logos that are subject to our Intellectual Property Rights unless such materials were provided to you by the Company and/or without the advance written approval of the Company. You cannot modify any approved materials. It is your responsibility (1) to seek approval from the Company before publishing any materials, (2) to ensure you have written approval from the Company concerning advertising, and (3) to be able to evidence such approval upon request. 2.11. Loyalty Programs You will not offer any cash-back/value-back or similar programs, other than such programs as are offered on the Company Websites.

2.12. Responsible Gaming The Company has an ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.

2.13. Illegal activity You will not target any territory or jurisdiction where gambling is illegal.

2.14. Data Protection You shall at all times comply with the applicable data protection regulations and any existing or new data protection acts, regulations, or laws applicable to your territory.

2.15. Cost and expense You shall be solely responsible for all risk, costs, and expenses incurred by you under the Affiliate Agreement.

2.16. Company monitoring of Affiliate activity You will immediately give the Company all such assistance as is required and provide us with all such information as is requested by the Company to monitor your activity under the Affiliate Program.

2.17. Commissions paid incorrectly The Affiliate agrees to immediately upon request by the Company, return all Commissions received based on New Customers referred to the Company in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.

3. AFFILIATE RIGHTS

3.1. Right to direct New Customers We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Affiliate Agreement.

3.2. License to use Company Intellectual Property Rights We grant to you a non-exclusive, non-transferable license, during the term of this Affiliate Agreement, to use the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by Company. This license cannot be sub-licensed, assigned, or otherwise transferred by you.

3.3. Players ’Personal Data For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of the Company’s customers.

4. COMPANY OBLIGATIONS

4.1. We use our best efforts to provide you with all materials and information required for our cooperation.

4.2. At our sole discretion, we can register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any of our requirements.

4.3. We can make available monitoring tools that enable you to monitor your Affiliate Account the level of your Commission and the payment thereof.

4.4. We can store and process the following personal data of an Affiliate or any Affiliate employee, as follows: your username for logging in, your email address, name, date of birth, your country and address, telephone number, and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship.

4.5. We pay you the Commission following Clause 6.

5. COMPANY RIGHTS AND REMEDIES

In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations, the Company shall have the following remedies available:

  • the right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Affiliate Agreement. During such period payment of Commissions will also be suspended;
  • the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content, or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
  • the right to withhold from the Commission any amount that the Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of the Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
  • immediately terminate the Affiliate Agreement;
  • the right to withhold any amount held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Affiliate.

6. COMMISSION AND PAYMENT

6.1. Subject to your adherence to the provisions of the Affiliate Agreement, you will earn a Commission following the Commission Structure. We retain the right to change the Commission percentage and method of calculation of the Commission.

6.2. Payment of Commission will be made through our Affiliate Wallet. Due to existing regulations, Affiliates may be required to provide documentation for verification before a withdrawal can be accessed.

6.3. A minimum amount of $30 may be withdrawn from the Affiliate Wallet at one time.

6.4. If Partner does not attract more than 5 (five) new players within a calendar month, after 2 (two) months, the Affiliate program has the right (but is not obliged) to change the terms of cooperation with the Partner, including 50% reducing the amount of fee to be received by the Partner.

6.5. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

6.6. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure.

6.7. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within fourteen (14) calendar days and clearly state the reasons for the disagreement. Failure to notify the Company within this time limit shall be considered an irrevocable acknowledgment of the balance due for the relevant period.

6.8. The Commission shall be deemed to be exclusive of value-added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges, and any other money payable or due to any tax authority, department, or other competent entity as a result of the compensation generated under the Affiliate Agreement.

7. STANDARD COMMISSION STRUCTURES

Affiliates are entitled to receive the following payments under the terms of this Agreement. Cost per action (CPA). CPA is the fixed amount of USD 20+ that is incurred by the Affiliate once the New Customer makes the first-time deposit “FTD”. CPA incurred within one calendar month may not exceed USD 400 irrespective of the number of FTD. Net Gaming Revenue (NGR). NGR is all income received by the Company from New Customers that is deducted from the amount of administrative fee (up to 35%) and multiplied by the amount of the placed bets that are deducted on the amount of (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to New Customers referred to Company Websites by the Affiliate Website(s). Revenue share percentage (RSP). RSP is the percentage of the NGR generated by customers referred by Affiliate. It is set in the amount agreed between parties and that may not be higher than 50%. Referral fee. If you refer any Affiliate that did not earlier participate in our Affiliate Program you will be entitled up to 5% of the monthly income of the invited Affiliate. We determine at our own discretion if the referred Affiliate can be regarded as a new Affiliate, i.e. that did not earlier participate in our Affiliate Program. Administrative fee сonstitutes up to 35%.

Affiliate fee: (NGR x RSP) + CPA + Referral fee. Affiliate fee varies and is calculated every week for RS and 21 days hold for CPA and Hybrid. Hybrid.

Affiliates may work on CPA and Hybrid (CPA + RSP) programs. Terms of these programs are set on an individual basis, with prior negotiation and managers ’approval. The company may terminate such programs at any time with written notification sent to the Affiliate 24 hours prior to the termination.

8. CONFIDENTIAL INFORMATION

During the term of the Affiliate Agreement, you may from time to time be entrusted with confidential information, e.g. the Commissions earned by you.

You agree not to disclose confidential information to third persons unless you have our prior written consent. You agree to use the confidential information only for the purposes of the Affiliate Agreement. Your obligations concerning this clause survive the termination of this Agreement.

In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company and our approval of the exact content of the press release.

9. TERM AND TERMINATION

9.1. Termination Either Party notifies the other in writing that it wishes to terminate the Agreement at least 30 days prior to such notice. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Company may terminate this Agreement upon immediate notice at any time.

9.2. Affiliate actions upon termination Upon termination, you must immediately remove all of Company banners or creative materials from the Affiliate Website and disable all Affiliate Links. All rights and licenses granted to you upon the Affiliate Agreement shall immediately terminate. You will return to Company any confidential information and all copies of it in your possession and control and will cease all uses of all Company Intellectual Property Rights.

9.3. Commission Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Company during the term shall not be payable to the Affiliate as from the date of termination.

10. MISCELLANEOUS

10.1. Disclaimer We make no express or implied warranties or representations with respect to the Affiliate Program, about Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.

10.2. Indemnity and Limitation of Liability You shall indemnify and hold Company, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate 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 creatives and links or this Affiliate Program. The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.

10.3. Non-Waiver Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.

10.4. Relationship of Parties The Company and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. 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 would contradict anything in this Affiliate Agreement.

10.5. Assignability You may not assign your rights under the Affiliate Agreement without our prior written consent.

10.6. Severability If any provision of the Affiliate 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 the Affiliate Agreement or any provision hereof.