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These Terms and Conditions were last updated on 14th June 2024
This document (the “Affiliate Agreement” or “Agreement”) sets out the terms and conditions agreed between:
MD MegaGames Limited (hereinafter “Company”, “Mega Dice”, “us” or “we”), a company duly registered under the laws of Cyprus and the person/company set out on the relevant application form (hereinafter “you” or “Affiliate”), enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the Platform(s) Affiliate Program (“Program”).
By completing the Platform(s) Affiliate Program application and clicking “I agree to the Terms and Conditions” within the registration form, you hereby agree to abide by all the terms and conditions set out in Platform(s) site. You hereby agree to:
Therefore, you shall be obliged to continuously comply with the terms of Mega Dice as well as to comply with the General Terms and Conditions and Privacy Policy of Mega Dice, as well as with any other rules and/or guidelines brought forward from time to time. The Agreement between the Company and you enters into effect on the date the Affiliate Program application is approved by us.
1.1. The Affiliate maintains and operates one or more websites on the internet (collectively referred to as Affiliate Website), and/or refers potential customers to us through other channels.
1.2. This Agreement governs the terms and conditions which are related to the promotion of the Mega Dice by the Affiliate, whereby the Affiliate will be paid a commission as defined in this Agreement depending on the traffic sent to Mega Dice and the terms of this Agreement.
1.3. The definition of the term Net Gaming Revenue is provided above in definitions. In case of an introduction of another product or group of products by us in the future, the Company reserves the right to use an individual definition of the term Net Gaming Revenue for each product.
2.1. The Company reserves the right to refuse any Affiliate Program application in its sole and absolute discretion
2.2. The Affiliate hereby warrants that he/she:
a) is the older of either (i) eighteen (18) years, or (ii)the legal age at which gambling activities are legal in the applicable jurisdiction, whichever is greater, in order to agree to and to enter into the Agreement
b) has provided Company with complete, valid and truthful information
c) Is competent and duly authorized to enter into binding Agreements.
d) Is the proprietor of all rights, licenses, and permits to market, promote and advertise Mega Dice in accordance with the provisions of the Agreement.
e) shall not alter the appearance, design or content of any approved content or any other artwork, banners, text links or any other material provided to the affiliate directly by or on behalf of Company
f) Will comply with all applicable rules, laws, and regulations in correlation with the promotion of Mega Dice.
g) Fully understands and accepts the terms of the Agreement.
3.1. The Company shall provide the Affiliate with all required information and marketing material for the implementation of the Tracking Link as the Company sees fit and needed.
3.2. The Company will assign a unique tracking identification code to all customers referred by the Affiliate. The Company shall calculate the Net Gaming Revenue generated via the tracking links, record the Net Gaming Revenue and the total amount of Affiliate commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to its business.
3.3. The Company shall pay the Affiliate the amount due depending on the commission model agreed in writing between Mega Dice and Affiliate in accordance with the terms of the Agreement.
3.4. The Company reserves the right to freeze or close Affiliate Account(s) with immediate effect. In addition to any other right, which the Company may be entitled to under this Agreement, the Company reserves the right to:
a) in case of having any reason to suspect that the Affiliate is in breach with the terms of the Agreement, the Affiliate´s Account(s) may be blocked, and payouts may be frozen for the period of investigation. If the investigation proves a violation of the Agreement to have taken place, Company reserves the right to withhold the Affiliate´s commission;
b) close any Affiliate’s account(s) if in the sole opinion of the Company it is necessary to comply with our policy and/or to protect the interests of the website of the Company or the Company. If the Affiliate is in breach of the Agreement, Company may in addition to close the Affiliate’s account(s) take any other steps under the law to protect its interest;
c) terminate the Agreement for Affiliate account(s) where affiliate threatens Partner.io staff with physical harm. Under no circumstances, the Company shall be held liable for eventual loss or damage caused to the Affiliate.
d) Company reserves the right to initiate an internal investigation of the Affiliate or their customers’ accounts on the Mega Dice, in case the Company suspects the Affiliate in violation of the rules on the Affiliate website.
4.1. The Affiliate hereby warrants:
a) To use its best efforts to actively and effectively advertise, market and promote Mega Dice as widely as possible in order to maximize the benefit to the parties and to abide by the guidelines of the Company as they may be brought forward from time to time and/or as being published online.
b) To market and refer Potential Customers to Mega Dice at its own cost and expense. The Affiliate will be solely responsible for the distribution, content, and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and must be in accordance with the Agreement.
c) To use only the tracking link or bonus code provided within the scope of the Affiliate Program, otherwise, no guarantee whatsoever can be given for proper registration and sales accounting by the Company. Also, not to change or modify in any way any link or marketing material without prior written authorization from the Company.
d) To be responsible for the development, operation, and maintenance of its Affiliate website as well as for all material appearing on its Affiliate website.
e) That it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
f) That it will not actively target any person who is under the legal age for gambling.
g) That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.
h) That it will not generate traffic to Mega Dice by illegal or fraudulent activity, particularly but not limited to:
I. Sending spam.
II. Incorrect meta tags.
III. Registering as a player or making deposits directly or indirectly to any Affiliate Account through his/her tracker(s) for their own
personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase
the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.
i) That it will not present its Affiliate website in such a way that it might evoke any risk of confusion with the Company and or convey the impression that the Affiliate Website of the contracting party is partly or fully originated with the Company. This applies for any social media Mega Dice, including but not limited to Instagram, Facebook, Twitter, Telegram, TikTok, YouTube, Discord or any future social media Mega Dice.
j) Without prejudice to the marketing material as may be forwarded by the Company and/or made available online through the Affiliate Program the Affiliate may not use Mega Dice or other terms, trademarks and other intellectual property rights that are vested in the Company unless the Company consents to such use in writing.
k) That it will not purchase any domains that include any names, words and phrases that are or can be deemed to form part of Mega Dice or bidding on any keywords or keyword phrases that include, any names, words and phrases that are or can be deemed to form part of Mega Dice in any format in any pay per click (PPC) search engine.
5.1. Sub-Affiliate is an affiliate referred to the Company by you who holds the same qualifying conditions as an Affiliate. All such Sub-Affiliates will be linked to your Affiliate account (and you will be considered as the Master Affiliate) provided that the Sub-Affiliate(s) signs up using one of your Sub-Affiliate referral links. In order to become a Master Affiliate, the Affiliate must submit a request and get approval from the Company, a referral link is then provided to the Master Affiliate.
5.2. In order to become a Sub-Affiliate, an affiliate must register to the Affiliate Program using the Sub-Affiliate referral link provided to them. You are solely responsible for ensuring the proper completion of a Sub-Affiliate’s registration. In the result of failure to complete any steps correctly, the Sub-Affiliate may not be linked to you.
5.3. You will earn 5% of the Sub-Affiliate commission generated by each Sub-Affiliate you successfully refer to us. Company reserves the right to change any of the commission fees at any given moment without prior notice.
5.4. The Company reserves the right, at its sole discretion, to investigate any Sub-Affiliate referred to us by you if we suspect any suspicious activity on the Sub-Affiliate account. If a Sub-Affiliate referred to us by you is found to have engaged in or been involved with Fraud, Spam, or is found to have breached any of the terms and conditions of the Agreement. The Company reserves at its sole discretion, the right to withhold all Sub-Affiliate commission payments relating to that Sub-Affiliate, due to you and to suspend, freeze and confiscate the account, if deemed appropriate.
5.5. Any Sub-Affiliate will be bound by the terms and conditions of the Agreement and you will be liable to us for the performance of such Sub-Affiliate’s obligation under the Agreement.
5.6. The Company holds no responsibility for any direct negotiations including disputes that happen between a Master Affiliate and a Sub-Affiliate. All responsibility regarding the communication between a Master Affiliate and a Sub-Affiliate remains with the Master Affiliate and the Sub-Affiliate.
6.1. The Affiliate will earn revenue share commission based on the percentage of Net Gaming Revenue generated from its New Customers after they open a new account with Mega Dice and wager for real money on the Gaming Site.
6.2. The calculation of Net Gaming Revenue is as follows: Monthly Gross Gaming Revenues after the deduction of costs including, but not limited to, admin fee of 25%, payment processing fees, bonuses, loyalty rewards, gaming taxes, game supplier costs and chargebacks.
6.3. Save as otherwise agreed in writing between the affiliate manager of Mega Dice and the Affiliate, the amount of revenue share commission payable by default in respect of the New Customers for each calendar month shall be forty per cent (40.00%) of Net Gaming Revenue generated by the New Customers during the relevant calendar month.
6.4. In the calculation of revenue share commission where Net Revenue is negative due to winnings and/or administration fees, the balance due to the Affiliate will be set to zero and will not be carried over to the following months. A negative balance due to fraud costs will however be carried over where applicable, especially but without limitation in cases such as costs resulting from fraudulent activity and/or from intellectual property theft as contemplated in Clause 8.3 and/or from financial sanctions incurred under Clause 8.4
6.5. In the calculation of Cost Per Acquisition (CPA) commission, the company reserves a right to set a minimum deposit or wager amount (the “CPA baseline”) the affiliate’s new customers need to fulfill in order to be considered a Qualified FTD. Any instances of fraud, creation of duplicate customer accounts, traffic that makes a minimum deposit solely for the purpose of immediate withdrawal, and customers who request to close their accounts within thirty (30) days of account creation due to responsible gambling issues will be excluded from being considered as Qualified FTD. Consequently, such customers will not be eligible for CPA commission even if they meet the CPA baseline.
7.1. The Company agrees to pay the Affiliate a commission based on the Net Gaming Revenue generated from New Customers referred by the Affiliate website and/or another channel. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable by default unless otherwise agreed between Company and Affiliate.
7.2. Each calendar month, the affiliate shall send an invoice with the correct commission amount due from the previous month, provided that the amount due exceeds 50 euros. If the balance due is less than the minimum threshold, it shall be carried over to the following month and shall be payable when it collectively exceeds the minimum threshold.
7.3. Payment of Commissions shall be made in BTC, USDT (ERC20), or Euros, unless Company provides its prior authorisation in writing for a payment in different currency to the Affiliate. If an error is made in calculating the commission, the Company reserves the right to correct such a calculation at any time and will pay out underpayment or reclaim overpayment made to the Affiliate within thirty (30) days from the date of the affiliate’s invoice received by the assigned affiliate manager.
7.4. Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the balance due for the period indicated.
7.5. If the Affiliate disagrees with the balance due as reported, it shall within a period of seven (7) days, send an email to the Company to affiliates@megadice.com and indicate the reasons for the dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgement of the balance due for the period indicated.
7.6. The Company may delay payment of any balance to the Affiliate for up to sixty (60) days, while it investigates and verifies that the relevant transactions comply with the provisions of the terms of the Agreement.
7.7. No payment shall be due when the traffic generated is illegal or contravenes any provision of the terms of the Agreement.
7.8. The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
7.9. For the sake of clarity, the parties specifically agree that upon the termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out.
7.10. The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the commission generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard. This clause shall be enforced by default unless otherwise agreed in writing between the Company and the Affiliate.
8.1. This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by email to affiliates@megadice.com
8.2. The contracting parties hereby agree that upon the termination of the Agreement:
a) The Affiliate must remove all references to the Mega Dice from the Affiliate website and/or other marketing channels and communications, irrespective of whether the communications are commercial or non-commercial.
b) All rights and licenses granted to the Affiliate under the Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
c) The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, provided the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this termination date.
d) If the Agreement is terminated by the Company on the basis of the Affiliate’s breach of the clause 4.4.1, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such a breach. It is further specified that termination by the Company due to a breach by the Affiliate of any of the clauses in the Agreement shall not require a notice period and such termination shall have an immediate effect upon simple notification by the Company to the Affiliate.
e) The Affiliate must return original data items that hold any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody, and control to the Company or delete permanently any copies or electronic form data containers that contain the same.
f) The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of the Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of the Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement
8.3. Affiliate will further undertake to fully comply with any obligations, regulations, legislation and requirements in any licenced territory or market when marketing our Sites in such jurisdictions. We reserve the right to immediately terminate this Agreement should your marketing activity be found to have breached any relevant and applicable marketing rules or requirements in any given market/territory.
8.4. Company reserves the right at its sole and absolute discretion to suspend and/or terminate the Affiliate’s account with immediate effect and/or deduct money from the Affiliate account if any traffic is deemed to have been referred through fraudulent means or otherwise in breach of this Agreement.
8.5. This Agreement shall automatically be terminated in the event that Company is precluded from offering online gambling services. Company may terminate this Agreement immediately on notice at any time if it discontinues or withdraws, in whole or in part, its affiliate marketing program. Company will endeavor to give Affiliate as much notice of the same as reasonably practicable, but any such termination will be without liability to Company.
9.1. The Affiliate expressly acknowledges and agrees that the use of the internet is at its own risk and that this Affiliate Program is provided “as is” and “as available” without any warranties or conditions whatsoever, even if expressed or implied. No guarantee is made that it will make access to its Affiliate website possible at any particular time or any particular location.
9.2. The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Mega Dice or the Affiliate Program.
10.1. The Affiliate agrees to defend, indemnify and hold the Company and its affiliates, successors, officers, employees, agents, directors, shareholders, and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
a) Any breach of the Affiliate’s representations, warranties or covenants under the Agreement.
b) The Affiliate’s use (or misuse) of the marketing materials.
c) All conduct and activities occurring under the Affiliate’s user ID and password.
d) Any defamatory, libellous or illegal material contained within the Affiliate website or as part of the Affiliate’s information and data.
e) Any claim or contention that the Affiliate website or the Affiliate’s information and data infringe any third party’s patent, copyright, trademark, or other intellectual property rights or violate any third party’s rights of privacy or publicity.
f) Third party access or use of the Affiliate website or to the Affiliate’s information and data.
g) Any claim related to the Affiliate website.
h) Any violation of the Agreement.
11.2. The Company reserves the right to participate, at its own expense in the defense of any matter.
11.1. The Company may refuse any player or close a player’s account if it is necessary to comply with the Company’s policy and/or protect the interest of the Company.
11.2. The Company may refuse any applicant and/or may close any Affiliate’s Account if it is necessary to comply with the law, Company’s policy, General Terms and Conditions or Privacy Policy, the Agreement and/or protect the interest of the Company. If the Affiliate is in breach of the Agreement or the Company’s terms or other rules, policies, and guidelines, the Company may in addition to closing the Affiliate Account take any other steps in law to protect its interests.
12.1. This Agreement shall be governed and construed in accordance with the laws of Curacao and any action or dispute relating to the terms of this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of the Curacao law courts.
12.2. Any claim, dispute or matter arising from or in connection to Mega Dice website shall be governed and construed in accordance with the laws of Curacao and any action relating to Mega Dice website must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of the Curacao law courts.
13.1. The Affiliate may not assign the Agreement, by restructuring or otherwise, without obtaining the prior written consent of the Company. In the event that the Affiliate acquires or otherwise obtains control of another Affiliate of Mega Dice, then Affiliate Accounts will co-exist on individual terms.
13.2. The Company may assign the Agreement, by restructuring or otherwise, at any time without obtaining the prior consent of the Affiliate.
13.3. The Company recognizes that an Affiliate may wish to sell his/ her/ its Affiliate business to a third party. The Company requires an Affiliate to recognize and respect that the personal qualities, probity, and background of the Company’s affiliates is vital to the Company’s decision to accept a person as an Affiliate of the Affiliate Program.
13.4. If an Affiliate wishes to sell or otherwise dispose of the shares or assets of his/ her/ its Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/ her/ its Affiliate business) the Affiliate shall be required, prior to completing the sale, disposal, or transfer, to:
13.4.1 give the Company no less than 30 (thirty) days prior written notice of such intention, simultaneously provide such details as the Company may request (which shall include, but not be limited to, the selling Affiliate’s Affiliate ID and full details of the intended purchaser (including their banking details and, if they are already an Affiliate of the Affiliate Program, their Affiliate ID) and furnish the Company with an irrevocable consent and authority to pay the selling Affiliates Commission, after the sale is completed, to the purchaser;
13.4.2 make the deed of sale subject to the suspense condition that the Company approve such purchaser as an Affiliate of the Affiliate Program and that such intended purchaser shall, subject to the Company’s approval (at the Company’s sole discretion) join the Affiliate Program.
13.5. In any event, the Company reserves the right, at its sole discretion, to reject an intended purchaser of the Affiliate’s business, as an affiliate of the Affiliate Program, and in this event may terminate this Agreement immediately.
14.6 In the event that the Affiliate passes away, this Agreement will immediately terminate.
14.1. The Company’s failure to enforce the Affiliate’s adherence to the terms of the Agreement shall not constitute a waiver of the right of the Company to enforce said terms at any time.
15.1. Neither party shall be liable to the other for any delay or failure to perform its obligations under the Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.
16.1. Nothing contained in the Agreement, nor any action taken by any party to the Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
17.1. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the 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 Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
18.1. All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities, Affiliate Network, Affiliate Program, Sub-Affiliates and personal data of the Customers of the Company shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither directly nor indirectly unless prior explicit and written consent has been provided by the Company. This provision shall survive the termination of the Agreement.
18.2. The Affiliate obliges himself/herself not to use the confidential information for any purpose other than the performance of its obligations under the Agreement.
19.1. The Company reserves the right to amend, alter, delete or add to any of the provisions of the Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms set out in the Agreement. Any such changes will be published on Mega Dice Affiliate Program (www.megadiceaffiliates.com).
19.2. In case of any discrepancy between the meanings of any translated versions of the Agreement, the English language version shall prevail.
19.3 The Affiliate is solely responsible for regularly checking the Affiliate Portal and making itself aware of any such amended versions and changes.
20.1. Nothing contained in the Agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights (referred as “Marks”) of the other party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the Marks of the other party or of any Company within the group of companies of the other party. Provided also that neither of the parties will register nor attempt to register any Mark which is basically similar to and/or confusingly similar to any Mark which belongs to the other party or to any Company contained within the other party’s group of companies.
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Entretenimiento Rojo B.V. & RDL Rojo Digital Media Ltd (operating the brand “Lucky Block” at www.luckyblock.com)
Entretenimiento Rojo B.V. (Company No. 152924)
Sub-license holder issued by C.I.L. Curaçao Interactive Licensing N.V. pursuant to their Master License (license no. 5536/JAZ) issued by the Governor General of Curaçao.
1. Introduction
2. Purpose of this Privacy Notice
3. Who we are and how to contact us
4. Changes to the Privacy Notice
5. Third-Party Links
6. The data we collect about you
7. If you fail to provide personal data
8. How is your personal data collected
9. How we use your personal data
10. Marketing
11. Cookies policy
12. Disclosure of your personal data
13. Data security
14. Data retention
15. Your rights
1. Introduction
We respect your privacy and are committed to protecting your personal data. This Privacy Notice will inform you how we look after your personal data when you visit this website or if you provide personal data by any other means (for example, over the phone). It sets out your privacy rights and how the law protects them.
We use cookies and similar technologies to collect personal data, browsing actions and patterns. This Privacy Notice provides information on the cookies that we deploy and how you can block cookies.
This Privacy Notice forms an integral part of the Player Terms and Conditions, and by accepting the Player Terms and Conditions, you also accept the terms of this Privacy Notice and the use of your personal data in accordance with this Privacy Notice. If you do not agree with the terms of this Privacy Notice, you should not use this website or otherwise provide us with your personal data.
2. Purpose of this Privacy Notice
This Privacy Notice aims to give you information on how we collect and process your personal data when you use this website.
This website is not intended for children, and we do not knowingly collect personal data relating to children.
It is important that you read this Privacy Notice together with any other privacy policy or fair processing policy that we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data.
3. Who we are and how to contact us
This website and app (mutually or exclusively, as the case may be, referred to herein as the “Website”) are operated by Entretenimiento Rojo B.V. , a company registered in Curaçao with registration number 152924 and registered office at Emancipatie Boulevard, Dominico F. “Don” Martina 31, Willemstad, Curaçao.
Entretenimiento Rojo B.V (referred to as “Lucky Block”, “we”, “us” or “our” in this Privacy Notice) is a controller in respect of your personal data because we determine the purposes for which, and the way in which, your personal data is processed. We take our duties as data controller seriously and take full responsibility for your personal data.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Notice.
If you have any questions about this Privacy Notice, including any requests to exercise your rights in relation to personal data, you should contact our data privacy manager by email: privacy@Lucky Block.com.
You have the right to make complaints at any time to the relevant data protection and privacy regulator. We would, however, appreciate the chance to deal with your concerns before you approach the regulator, so we kindly request that you contact us in the first instance.
4. Changes to the Privacy Notice and Players’ duty to inform us of changes
We keep this Privacy Notice under regular review. This version was last updated on the date at the bottom of this page.
It is important that the personal data that we hold about Players is accurate and current. We kindly request that you keep us informed if your personal data changes at any time whilst you have an account with us.
5. Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website that you visit.
6. The data we collect about you
Personal data, or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Photographs include passports and other photographic identification that are collected to verify your identity.
Contact Data includes a billing address, home address (if different to billing address), email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about deposits and withdrawals from your Lucky Block Account and other details of services (e.g. casino games) that you have used on the Website.
Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices Players use to access the Website.
Profile Data includes your usernames and passwords, our services that you have used, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use the Website and our products and services.
Marketing and Communications Data includes your preferences in relation to receiving marketing from us and third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal a your identity. For example, we may aggregate your Usage Data to calculate the percentage of our customers accessing a specific feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
7. If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you (for example, where it is required under our Player Terms and Conditions), and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the ability to place bets or wagers). In this case, we may have to cancel a product or service that you may be attempting to access, but we will notify you if this is the case at the time.
8. How is your personal data collected
We use different methods to collect data from and about Players including through:
Direct interactions: you may give us your Identity, Contact and Financial Data by filling in forms on the Website or by corresponding with us by post, phone, email or otherwise.
Automated technologies or interactions: As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see below in this Privacy Notice for further information on cookies.
Third parties or publicly available sources: We may also receive personal data about you from various third parties as set out below:
● analytics providers;
● advertising networks; and
● search information providers.
● providers of technical and payment services, such as payments solutions providers (PSPs) that facilitate deposits and withdrawals from Lucky Block Accounts.
● data brokers or aggregators.
9. How we use your personal data
We collect your personal information so that we can provide an excellent level of service and so that you can use the Website in an agile and secure way. Collecting personal data also allows us to offer you more customisation on the Website.
More specifically, we collect Players’ personal data for the following reasons:
● So that you can register a Lucky Block Account and use the services made available on the Website.
● So that our customer services team can provide you with the best, customised service and so that they can efficiently deal with any queries or complaints.
● To develop internal studies on the interests, behaviours and demographics of our customers to understand their needs and interests better and to offer better services or provide related information through the Website.
● To improve our commercial and promotional initiatives and to analyse customer interaction with the Website in order to improve the content and services that we offer and to provide better customisation.
● To send information or messages to you by SMS, email or through the Website about new services. To display advertising and promotions, banners and news about us or the Website that we think will be of interest to you. For further information, please see the Marketing section below.
● To send operational messages to you which are required for the Website to function properly. These may be sent by SMS, email or through the Website. For example, we may send operational emails to notify you if there are technical issues with the Website or to confirm successful withdrawals and deposits.
● To carry out identity checks to prevent anti-money laundering and fraud and so that we can carry out any other checks that we are required to carry out under applicable laws and regulations.
10. Marketing
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or used Lucky Block services through the Website and you have opted in to receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us or adjusting the marketing settings on the Website.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us for reasons other than marketing.
11. Cookies Policy
Our Website uses cookies and similar technologies to distinguish you from other users that access the Website. This helps us to provide you with the best experience when you browse the Website, and it also allows us to improve the Website. We also use this for fraud prevention and generally to safeguard privacy. By continuing to browse the Website, you agree to our use of cookies and similar technologies.
A cookie is a small file of letters and numbers that we store on a your browser or the hard drive of your computer if you agree to this. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies and similar technologies:
Strictly necessary. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website and to process transactions (for example, deposits and withdrawals).
Analytical/performance. These cookies allow us to recognise and count the number of customers and to see how customers move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that customers are finding what they are looking for easily.
Functionality. These cookies are used to recognise you when you return to our Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or currency).
Targeting. These cookies or similar technologies record your visits to our Website, the pages you have visited and the links they have followed. We will use this information to make our Website and the advertising displayed on it (if any advertising is displayed) more relevant to your interests. We may also share this information with third parties for this purpose.
Should you require more information about the individual cookies and similar technologies that we use and the purposes for which we use them, you should contact us.
You can block cookies by activating the settings on your browser that allow you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of the Website. Should you require more information on how to disable cookies or change your privacy settings, you should visit www.allaboutcookies.org. The internet browser’s ‘help’ function should also tell you how to do this.
Except for essential cookies, all cookies will expire after thirty days.
12. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out above.
Internal third parties:
● Other of our group companies acting as joint controllers or processors who may provide services such as IT, HR, customer services and system administration services and who undertake leadership reporting.
External third parties:
● IT service and system administration providers.
● Third parties that licence key software to Lucky Block without which Lucky Block would not be able to provide services to you; for example, providers of casino games.
● Payment solutions providers to facilitate deposits and withdrawals from Lucky Block Accounts.
● Identity verification providers to prevent fraud.
● Third parties that facilitate the sending of marketing communications to you on our behalf.
● Professional advisers including lawyers, bankers, auditors and insurers that provide consultancy, banking, legal, insurance and accounting services to Lucky Block.
● Tax authorities, regulators and other authorities that require reporting of processing activities in certain circumstances.
● Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with applicable law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
13. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
14. Data retention
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances, you can ask us to delete your data; to do so, please see the section 15 below for further information.
Sometimes we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
15. Your rights
Under certain circumstances, you may have the following rights under data protection laws in relation to your personal data:
● Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you.
● Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data that you provide to us.
● Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal or regulatory reasons which will be notified to you.
● Object to processing of your personal data where there is something about a your particular situation which makes you want to object to our processing as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
● Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
○ If you want us to establish the data’s accuracy.
○ Where our use of the data is unlawful but you do not want us to erase it.
○ Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
○ You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
● Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party they have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
If you wish to exercise any of the rights set out above, you should contact us, and we will confirm whether we are able to do so.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than one month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
This Privacy Notice was last updated on 12/12/2020.
LUCKY BLOCK AFFILIATE PROGRAMME TERMS AND CONDITIONS INTRODUCTION
These Terms and Conditions were last updated on 19th April 2021.
Please read these Terms and Conditions carefully before applying to be on the Affiliate Programme. If you do not accept them, please do not apply.
Submitting your application to be on the Affiliate Programme will constitute your acceptance of these Terms and Conditions as may be in force from time to time, including any changes notified by us to you.
CONTRACTING PARTIES
The Affiliate Programme is operated by Entretenimiento Rojo B.V. (company number 152924) and with its registered office at Emancipatie Boulevard, Dominico F. “Don” Martina 31, Willemstad, Curaçao, Dutch Caribbean.
References throughout these Terms and Conditions to “Lucky Block”, “we”, “our”, or “us” will relate to Entretenimiento Rojo B.V. and its relevant operating and licensed entities.
Reference throughout these Terms and Conditions to “you”, “your” or the “Affiliate” refers to the person or entity who applies to participate in the Affiliate Programme.
INTERPRETATION
The following definitions and rules of interpretation in this clause apply to these Terms and Conditions:
“Access Credentials” means the username, password and any other access or security information generated by us or you in order to provide you with access to the Affiliate Portal.
“Administration Fee” means an amount equal to twenty-five per cent (25.00%) of Gross Gaming Revenue on account of our administration fees and third party costs including but not limited to licensing fees, royalties and revenue share which are paid to licensors in order to exploit any content, technology or other product used from time to time on the Gaming Site.
“Affiliate” means you, being the person or entity who applies to participate in the Affiliate Programme.
“Affiliate Application” means the application form made available at http://95.179.207.175.
“Affiliate Portal” means the portal made available by Lucky Block through which the Affiliate is able to access marketing materials and commission information relating to Referred Players.
“Affiliate Programme” means the affiliate programme operated by or on behalf of us to which these Terms and Conditions apply.
“Affiliate Sites” means the websites maintained and operated by you.
“Agreement” means the agreement entered into between Lucky Block and the Affiliate on the terms set out in these Terms and Conditions.
“Applicable Laws” means all laws of any jurisdiction that are applicable to these Terms and Conditions, to Lucky Block and the Affiliate or to any activity undertaken in relation to these Terms and Conditions, as amended and in force from time to time, and the rules, regulations, orders, licenses or permits issued thereunder, including, without limitation, any rules, regulations, orders, licenses and permits of any competent authority.
“Approved Content” means the banners, text links and any other content including but not limited to mailers, video banners and widgets, in each case as made available by Lucky Block to the Affiliate via the Media Gallery.
“Business Day” means any day other than a Saturday, Sunday or public holiday in Bulgaria.
“Commission” means such amounts as are paid by Lucky Block to the Affiliate in accordance with these Terms and Conditions as calculated in accordance with clause 8.
“Commission Rates” means the percentage rate of Net Gaming Revenue as may apply from time to time and as set out at clause 8.
“Customers” means any individuals who are registered customers of the Gaming Site.
“Data Protection Legislation” means all applicable data protection, privacy and electronic marketing legislation, including any national legislation implementing Directive 95/46/EC and Directive 2002/58/EC, Regulation (EU) 2016/679 (the “GDPR”) (and any related national legislation), any equivalent, replacement or repealing legislation, and any codes of practice issued by a competent authority relating to the same at any time.
“Database” means any storage medium belonging to Lucky Block (or any of Group Companies) which contains, holds, stores or processes data which is owned or controlled by Lucky Block or is licensed to or under the control of Lucky Block, including but not limited to any such medium relating to the Referred Players and other users of the Gaming Site.
“Dormant Players” means any Referred Player who has not staked any bets or wagers on the Gaming Site for a period of sixty (60) consecutive days.
“Effective Date” means the date on which you submit the Affiliate Application.
“Fraud” means an actual or attempted act by the Affiliate or any Referred Player which is reasonably deemed by Lucky Block to be (i) contrary to Applicable Law; (ii) made in bad faith; or (iii) intended to defraud Lucky Block and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes any damage or harm to Lucky Block.
“Gaming Authority” means, collectively, those governmental, regulatory and administrative authorities, agencies, commissions, boards, bodies and officials responsible for or involved in the regulation of gaming or gaming activities including but not limited to the Curaçao Gaming Control Board.
“Gaming Site” means (i) the websites (and their respective pages, subpages and subdomains) made accessible via www.luckyblock.com (ii) all mobile versions of such domains; (iii) any device applications made available by us in downloadable format; and (iv) any other websites made available by us in relation to the provision of online gaming services.
“Gross Gaming Revenue” means, for each Monthly Period, the total amount of real money wagers staked by the Referred Players on the Gaming Site less monies paid out to those Referred Player as winnings.
“Group Company” means any entity directly or indirectly controlling, controlled by or under common control with Lucky Block. For the purposes of this definition, the term “control” shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of the person or entity, whether by voting, management authority, contract, or otherwise.
“Link Pages” means the web pages of the Affiliate Sites that provide a hyperlink directly to one or more pages of the Gaming Site.
“Media Gallery” means the online platform where Lucky Block will make available, and the Affiliate can access and use, the Approved Content.
“Monthly Period” means each calendar month.
“Net Gaming Revenue” means, for each Monthly Period, Gross Gaming Revenue less all of the following: (i) any duties, taxes, levies, statutory deductions or other similar charges or payments to any relevant authority, including but not limited to governmental bodies, licensing authorities and any eligible governing sporting bodies; (ii) the Administration Fee; (iii) jackpot contributions; (iv) charges levied by electronic payment or credit card organisations; (v) the cost of all bonuses, free bets, free spins, free chips and any other incentivised offer provided to Referred Players as a marketing or promotional activity; (vi) fraud costs and bad debts; (vii) chargebacks; (viii) returned stakes; (ix) any other refunds or credits given to Referred Players.
“Referred Players” means those individuals who (i) access the Gaming Site directly via tracking links on the Affiliate Sites; (ii) satisfy all of our eligibility requirements and verification checks; (iii) complete registration on the Gaming Site and (iv) deposit monies and wager a real-money bet but excluding all those Customers who have previously registered on the Gaming Site and/or have already been allocated a Tracking Code.
“Terms and Conditions” means these terms and conditions (as may be varied from time to time) and any other special terms as may be agreed in writing between us and you.
“Tracking Code” means a unique user identification code allocated to each Referred Player.
“VAT” means Value Added Tax or any equivalent tax chargeable in the United Kingdom or elsewhere.
A reference to writing or written includes email.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
AFFILIATE APPLICATION
All applicants will be assessed and, at the sole discretion of Lucky Block, will be deemed successful or unsuccessful. Lucky Block’s decision is final and not subject to any right of appeal.
In considering the Affiliate Application, we will require you to provide us with all required KYC and due diligence information (the “Compliance Documentation”) and we cannot consider the Affiliate Application until all necessary Compliance Documentation has been provided to us. The list of Compliance Documentation includes but is not limited to the following:
for companies: certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; information regarding the identity of the beneficial owner of the company and the identity of the directors of the company (together with identification documentation in respect of such owners and directors);
for individuals: valid passport; valid driving licence; recent utility bill; letter of reference from the Affiliate’s bank; copies of recent bank statements.
We reserve the right to request any other Compliance Documentation as we may determine from time to time.
We may request updated Compliance Documentation at any time. In the event that you do comply with any such requests, we reserve the right to suspend the Affiliate’s account until such time as we have received such Compliance Documentation to our entire satisfaction and/or terminate the Affiliate’s account in accordance with clause 16.4(b).
Subject to the Affiliate Application being accepted in accordance with clause 4.1, the Affiliate is granted the non-exclusive non-assignable right to direct Referred Players to the Gaming Site in accordance with the terms set out in these Terms and Conditions.
These Terms and Conditions are non-exclusive and do not prevent or restrict Lucky Block from entering into similar or different agreements with third parties. Lucky Block makes no representation that the terms of these Terms and Conditions are similar to or the same as the terms of any other agreement it has entered or may enter into with any third party.
By completing and submitting the Affiliate Application, the Affiliate is deemed to have agreed to be bound by these Terms and Conditions.
AFFILIATE WARRANTIES
The Affiliate hereby represents and warrants that:
It is the older of either (i) eighteen (18) years, or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to the Affiliate, whichever is greater;
it has, and will retain all title and authority to enter into and to perform all of its obligations set out in these Terms and Conditions;
it has provided Lucky Block with complete, valid and truthful information;
it has obtained and will maintain in force all necessary registrations, authorisations, consents and licenses necessary to fulfil its obligations set out in these Terms and Conditions;
it shall not alter the appearance, design or content of any Approved Content or any other artwork, banners, text links or any other material provided to the Affiliate directly by or on behalf of Lucky Block;
it shall comply with all Applicable Laws in the performance of their obligations including those specifically set out at clause 7;
it will fully comply with all of its obligations set out at clause 7; and
it fully understands and accepts the contents of these Terms and Conditions.
LUCKY BLOCK’S RIGHTS AND OBLIGATIONS
Lucky Block shall assign a unique player tracking code to the Affiliate and Tracking Codes for each Referred Player.
Lucky Block shall track the play of the Referred Players, record the Net Gaming Revenues and the total amount of Commission accordingly and shall provide the Affiliate with commission statistics and payment within ten (10) Business Days from the end of each Monthly Period.
Subject to the Affiliate complying with its obligations under this Agreement, Lucky Block shall pay the Affiliate the Commission.
Lucky Block reserves the right to suspend the payment of the Commission with immediate effect and/or deduct amounts payable in respect of any subsequent Commission due to the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of these Terms and Conditions.
AFFILIATE OBLIGATIONS
The Affiliate shall use all reasonable commercial efforts to market and promote the Gaming Site and the products and services available on the Gaming Site and shall prominently display the Link Pages on the Affiliate Sites.
The Affiliate shall be responsible for developing, operating and maintaining the Affiliate Sites and for all materials that appear on it. In particular, but without limiting the generality of the foregoing, the Affiliate shall:
ensure the proper functioning and maintenance of the Affiliate Sites and all Link Pages to the Gaming Site;
not alter any Approved Content provided by Lucky Block without its consent which may be withheld in its absolute discretion;
ensure that all news, offers and promotions in relation to the Gaming Site are current and up to date.
The Affiliate hereby undertakes, represents and warrants that:
it will not perform any act, and that the Affiliate Sites will not contain any material, which is libellous, discriminatory, obscene, threatening, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials;
it will not target any person who is under the legal age for gambling;
it shall ensure that all marketing, advertising and promotions targeted at potential Referred Players shall include the following wording:
“18+ only”; and “Terms and Conditions apply”.
it will not target any jurisdiction where gambling and the promotion thereof is illegal and the Affiliate shall not be eligible for any Commission on any product which is promoted in any jurisdiction where it is illegal to do so.
it acknowledges Lucky Block’s ongoing commitment for the prevention of problem gambling and that the Affiliate will co-operate with Lucky Block to actively reduce gambling addictions by, for example, placing links provided by Lucky Block on the Affiliate Sites which direct traffic to websites involved in the business of helping problem gamblers;
it will not generate traffic to the Gaming Site by illegal or fraudulent activity including but not limited to the following:
sending spam or unsolicited mail in its attempt to refer Referred Players to the Gaming Site;
registering itself as a player or making deposits directly or indirectly to any player account for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the Commission payable or to otherwise defraud Lucky Block. Violation of this sub-clause shall be deemed to be Fraud; and
presenting the Affiliate Sites in such a way that might evoke any risk of confusion with the Gaming Site and/or Lucky Block and/or any of its brand partners or convey the impression that the Affiliate Sites is partly or fully associated with/from the Gaming Site and/or Lucky Block.
it will 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 intellectual property rights of Lucky Block and its Group Companies. The Affiliate shall not create any applications or Internet pages falsely representing Lucky Block in any way, shape or form on any social media channels (including, but not limited to, Facebook, Twitter etc.); and
it shall neither shorten nor wrap the links on the Link Pages and shall ensure that the most current Link Pages provided by Lucky Block are used and in any event within twenty-four (24) hours of being provided with such tracking links by Lucky Block.
Save in respect of the Approved Content, the Affiliate shall submit to Lucky Block for prior approval any proposed use of any trade mark, domain name, logo, and other elements of branding belonging to Lucky Block or its licensors that the Affiliate may wish to make. Lucky Block may refuse its approval in its absolute discretion. In the event that Lucky Block does not respond to any request made by an Affiliate within five (5) Business Days of any such request, then its consent shall be deemed to be refused.
The Affiliate shall provide Lucky Block with:
all co-operation in relation to these Terms and Conditions and the operation of the Affiliate Programme; access to such information as may be required by Lucky Block for the proper performance of Lucky Block’s obligations pursuant to these Terms and Conditions and/or in order to comply with all Applicable Laws; and all such information as Lucky Block may from time to time require in order to comply with its information reporting and other obligations to any Gaming Authority, any other regulatory authority and any sports governing bodies.
The Affiliate acknowledges and agrees that it has no authority to legally bind Lucky Block in relation to Referred Players, other users or anyone else and that it has not been appointed and is not the agent of Lucky Block for any purpose. The Affiliate agrees that it shall not make any representation or commitment to anyone about Lucky Block, the Gaming Site or any of the products or services available on the Gaming Site.
The Affiliate shall comply with all Applicable Laws and regulations with respect to its activities under this Agreement and to its business including but not limited to ensuring that all of its general marketing and promotional materials in relation to the Gaming Site: are legal, truthful and not misleading; are obviously identifiable as an advertisement and clearly marked as “#ad”;
are socially responsible in accordance with all applicable advertising codes, guidelines, laws and regulations;
do not exploit children or vulnerable persons;
are not targeted at those under the age of eighteen (18) through the selection of media, style, presentation or the context in which the marketing appears; and
in all other respects, are in compliance with all applicable advertising codes of practice.
It shall regularly and, in any event not less monthly, display safer gambling related content on its Affiliate Sites with sufficient prominence that it will be clearly visible to visitors to the Affiliates Sites.
CALCULATION OF COMMISSION
The Affiliate will earn Commission based on the Net Gaming Revenue generated from its Referred Players after they open a new account with Lucky Block and wager for real money on the Gaming Site.
Save as otherwise agreed in writing between Lucky Block and the Affiliate, the amount of Commission payable in respect of the Referred Players for each Monthly Period shall be forty per cent (40.00%) of Net Gaming Revenue generated by the Referred Players during the relevant Monthly Period.
We reserve the right to amend the Commission Rates at any time and will notify you of any such changes and such changes will take effect five (5) days after such notification.
In the event that the Referred Players do not generate any Net Gaming Revenue in any Monthly Period, no Commission shall be payable.
In the event that the Net Gaming Revenue in any Monthly Period is a negative amount, then such negative balance will not be carried forward and set-off against future Commission due to the Affiliate in respect of subsequent Monthly Periods. Every deal has 20 euro non-cumulative baseline by default.
PAYMENT
Lucky Block shall pay the Affiliate the Commission in accordance with the terms of this clause 9.
Save as otherwise stated in these Terms and Conditions, the Affiliate shall be entitled to receive the applicable Commission for the entire duration and lifetime that any Referred Player is a customer on the Gaming Site provided that such entitlement shall lapse immediately in the following circumstances: (i) if the Referred Player becomes a Dormant Player; or (ii) if the Affiliate’s participation in the Affiliate Programme is terminated by either party for any reason in accordance with these Terms and Conditions.
The Affiliate acknowledges and agrees that no payments are due to it under this Agreement otherwise than as expressly set out in these Terms and Conditions.
Payment of the Commission validly due under these Terms and Conditions shall be made in accordance with the payment method chosen by the Affiliate on the Affiliate Portal, being bank transfer or via Skrill or Neteller. If an error is made in the calculation of the Commission, Lucky Block reserves the right to correct such calculation at any time.
In the case of any overpayment, Lucky Block reserves the right to request a refund from the Affiliate or deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full.
Except in the case of manifest error, and subject always to clauses 9.9 and 10, Lucky Block shall pay the Affiliate the amount shown in the Affiliate Portal by the end of the 10th Business Day of the month following the end of the Monthly Period to which the payment relates.
The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
All Commission shall be paid to the Affiliate in Euros (EUR). Any Net Gaming Revenue shall be converted to EUR by Lucky Block at the applicable conversion rates determined by Lucky Block.
Lucky Block may in its sole discretion withhold the payment of any balance to the Affiliate for up to one hundred and eighty (180) days if Lucky Block needs to investigate and verify that the relevant transactions comply with the provisions of these Terms and Conditions and those terms of use applicable to the Customers.
No payment shall be due if Lucky Block has reasons to believe that the traffic generated by the Affiliate or the Referred Player is illegal or is in breach of any of the provisions of these Terms and Conditions.
The Affiliate agrees to return all Commission received from Lucky Block based on fraudulent or falsified transactions and hereby indemnifies Lucky Block for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
All Commission payable by Lucky Block pursuant to these Terms and Conditions shall be inclusive of VAT (or equivalent sales tax) and the Affiliate shall be responsible for discharging all VAT (or equivalent sales tax) and all other duties, fees, excises or tariffs applicable to such Commission.
The Affiliate shall notify Lucky Block of any change in its contact or address details and its payment account details and Lucky Block shall not be liable for any losses arising from the Affiliate’s failure to properly notify Lucky Block of such changes.
RIGHT TO WITHOLD AMOUNTS
Lucky Block reserves the right to withhold all amounts due and payable to the Affiliate pursuant to these Terms and Conditions if it believes that any fraud has taken place or is contemplated which involves the Affiliate, whether or not the withheld amounts relate to the event in question. If Lucky Block believes that a Fraud has taken place or is contemplated by any Referred Player without the Affiliate’s knowledge, it will be entitled to withhold any amounts due to the Affiliate in connection with such Fraud. Lucky Block will also be entitled, in the foregoing events, to set-off from future amounts payable to the Affiliate any amounts already received by the Affiliate which can be shown to have been generated by Fraud.
Lucky Block reserves the right to delay or withhold payments if any supporting documents relating to the payments to be made to the Affiliate are not promptly provided to it upon request.
If Lucky Block determines, at its sole discretion, that the Affiliate has engaged in any activity in breach of these Terms and Conditions or that the Affiliate has otherwise breached any of its representations, warranties or undertakings in these Terms and Conditions, Lucky Block may (without prejudice to any other rights or remedies available to it) withhold any amounts due and payable to the Affiliate hereunder, whether or not generated by such breach.
PROPRIETARY RIGHTS
Subject to approval of the Affiliate Application, Lucky Block will grant to the Affiliate a non-exclusive, revocable, non-transferable licence during the term of this Agreement to use: (i) the Affiliate Portal; and (ii) any of the Approved Content solely for the purpose of performing its obligations under these Terms and Conditions and in accordance with its terms. The licence granted pursuant to this clause 11.1 will terminate automatically upon the termination of this Agreement for any reason.
The Affiliate acknowledges and agrees that Lucky Block and/or its Group Companies own all intellectual property rights in the Gaming Site, the Approved Content and any materials provided by Lucky Block to the Affiliate. Except as expressly stated herein, this Agreement does not grant the Affiliate any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences belonging to Lucky Block. All such rights are reserved to Lucky Block and its Group Companies.
The Affiliate acknowledges and agrees that Lucky Block and/or its brand partners are the sole and exclusive owner of the Database, and that the Affiliate shall not make any direct or indirect use of such Database, nor retain a copy in any form or manner whatsoever of the Database, or market any goods or services to any customer whose details appear in the Database (including the transfer of such details to any third party).
CONFIDENTIALITY
Each party undertakes that it shall not at any time during this Agreement, and for a period of five (5) years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any Group Company, except as permitted by clause 12.2.
Each party may disclose the other party’s confidential information:
to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority or listed stock exchange.
No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
Neither party shall be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
This clause 12 shall survive termination of this Agreement, however arising.
DATA PROTECTION
Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) any data protection legislation from time to time in force including, to the extent applicable to the relevant Customer, the General Data Protection Regulation ((EU) 2016/679). This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements.
Any advertising material sent by the Affiliate shall always contain an unsubscribe facility whereby the recipient can opt to stop receiving advertising material from the Affiliate.
INDEMNITY
The Affiliate agrees to defend, indemnify and hold Lucky Block and its Group Companies, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from: any breach of Affiliate’s representations, warranties or obligations under this Agreement; the Affiliate’s use (or misuse) of the Approved Content and any other marketing material provided by Lucky Block and other intellectual property rights owned by or licensed to Lucky Block;
all conduct and activities occurring under Affiliate’s Access Credentials;
any defamatory, libellous or illegal material contained on the Affiliate Sites or Affiliate’s information and data;
any claim or contention that the Affiliate Sites or the Affiliate’s information and data infringes any third party’s intellectual property rights or violates any third party’s rights of privacy or publicity;
third party access or use of the Affiliate Sites or the Affiliate’s information and data;
any claim related to Affiliate Sites or the Link Pages; and
any violation of these Terms and Conditions or any Applicable Laws.
Nothing in this Agreement shall limit the Affiliate’s liability under this clause 14.
LIMITATION OF LIABILITY
This clause 15 sets out the entire financial liability of Lucky Block (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Affiliate:
arising under or in connection with these Terms and Conditions; and
in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with these Terms and Conditions.
Except as expressly and specifically provided in these Terms and Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by Applicable Law, excluded from these Terms and Conditions.
Nothing in these Terms and Conditions excludes the liability of either party for any of the following:
death or personal injury caused by negligence; or
fraud or fraudulent misrepresentation.
Subject to clause 15.3, Lucky Block 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 of the following:
loss of revenue or profits; or
loss of contracts or anticipated savings; or
loss of business; or
depletion of goodwill and/or similar losses; or
loss or corruption of data or information; or
pure economic loss; or
any special, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement.
Lucky Block’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the amount of Commission validly due to the Affiliate (as determined by Lucky Block) as at the date on which any such liability arose.
In no event shall Lucky Block be responsible for any dispute or claim between the Affiliate and any users of the Affiliate Sites.
TERM AND TERMINATION
This Agreement shall commence on the Effective Date and shall continue in force unless and until either Lucky Block or the Affiliate notifies the other in writing (via email shall suffice) that it wishes to terminate this Agreement, in which case this Agreement will be terminated immediately.
This Agreement shall automatically be terminated in the event that Lucky Block is precluded from offering online gambling services.
Lucky Block may terminate this Agreement immediately on notice at any time if it discontinues or withdraws, in whole or in part, its affiliate marketing programme. Lucky Block will endeavour to give Affiliate as much notice of the same as reasonably practicable, but any such termination will be without liability to Lucky Block.
Lucky Block may terminate this Agreement immediately on written notice if it determines in its sole discretion that:
the Affiliate is in breach of any Applicable Law; or
the Affiliate is in breach of any of its obligations under clauses 4.4 and 7; or
such termination is deemed to be necessary to comply with Lucky Block’s internal policies and/or to comply with all Applicable Laws; or
the Affiliate has (in whole or part) been responsible by way of any act or omission which has resulted in any form of Fraud.
Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement without liability to the other if:
the other party commits a material breach of any term of this Agreement and such breach is irremediable or (if such a breach is remediable) fails to remedy that breach within a period of thirty (30) days after being notified in writing to do so;
the other party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other party or in the event of any similar situation indicating that the other party is insolvent.
The Affiliate hereby agrees and acknowledges that any breach of Applicable Laws may, without limitation, result in fines, penalties, breaches of license conditions and ability to do business, as well as potential civil and criminal action against the Affiliate or Lucky Block by the respective authorities. Without prejudice to any of Lucky Block’s rights herein or at law, Lucky Block may forthwith terminate this Agreement, in part or in its entirety, should the Affiliate act in breach of the foregoing and the Affiliate shall be held fully responsible and liable for any such resulting fine, penalty, claim, action, or loss which is caused to us as a result of its actions, omissions or default as the case may be. For the avoidance of doubt, the aforementioned termination right and liability of the Affiliate shall not apply where any such fine, penalty, claim, action, or loss has arisen as a direct result of the Affiliate’s observance of any instructions received from Lucky Block.
CONSEQUENCES OF TERMINATION
On termination of this Agreement for any reason:
all licences and benefits granted under this Agreement shall immediately terminate;
each party shall return and make no further use of any materials and other items (and all copies of them) belonging to the other party; and
the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
Lucky Block may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid and that there are no debts or liabilities owing by the Affiliate. Lucky Block shall be entitled to deduct from any payments due and payable to the Affiliate, any such debts and liabilities due to it, if any.
USE OF PERSONAL INFORMATION
For the purposes of this Agreement, the terms “controller”, “data subject”, “personal data”, “process”, “processing” and “processor” shall each have the meaning given to them in the GDPR.
The Affiliate represents, warrants and agrees that:
it shall always obtain the express and valid consent of Referred Players (in accordance with the requirements of the Data Protection Legislation) to whom it sends direct marketing;
any direct marketing it sends out to Referred Players and the consents related to the same shall be independent of, and governed separately from, any marketing consents that Lucky Block may have in respect of its own marketing;
all direct marketing sent to Referred Players shall include an opportunity for Referred Players to opt-out of all future direct marketing from the Affiliate;
it will not send any direct marketing to Referred Players (i) who have not given express consent to receive direct marketing; (ii) who have opted out from such marketing; or (iii) where Lucky Block has notified the Affiliate in writing that such Referred Player must not be contacted; and
it shall at all times comply with the Data Protection Legislation including, without limitation, ensuring that Referred Players’ personal data: (i) is collected fairly, lawfully and transparently; (ii) is processed in accordance with a lawful condition (as set out in the Data Protection Legislation); and (iii) is protected from loss, theft, accidental destruction or unauthorised access by implementing appropriate technical and organisation measures in respect of such personal data.
The Affiliate shall notify Lucky Block immediately in the event that it breaches (or suspects that it has breached) any of the warranties in this clause 18.
The Affiliate shall ensure that all processors acting on its behalf pursuant to this Agreement are bound by contractual terms no less onerous than the standards prescribed by the Data Protection Legislation.
The Affiliate shall notify Lucky Block immediately in the event that (i) any Referred Player makes a complaint to the Affiliate, or (ii) any supervisory authority contacts the Affiliate, in respect of direct marketing or the Affiliate’s processing of any Referred Player’s personal data.
The Affiliate hereby indemnifies Lucky Block against all costs, claims, fines, group actions, damages and expenses incurred by Lucky Block due to any failure by the Affiliate, its employees, agents, subcontractors or processors, to comply with any of its (or their) obligations under this clause 18 and/or the Data Protection Legislation. Nothing in this Agreement shall limit the Affiliate’s liability under this clause 18.
The Affiliate acknowledges that its personal information (meaning any information about it from which it can be personally identified, such as its name, address, telephone number or email address) may be used by Lucky Block for the following purposes:
to comply with relevant regulations regarding the Affiliate’s registration with Lucky Block, including verifying the information which the Affiliate provides to it;
to monitor activities in order to detect fraudulent or otherwise unlawful, criminal or improper activities (including money laundering) and to investigate and/or prevent any such activities; to report any such activities to any relevant authorities and/or other online gambling and gaming operators or other online service providers;
to keep the Affiliate informed of future events, offers and promotions in relation to its account and to provide the Affiliate with important information about its account; and
for any other purpose which is necessary for the performance of Lucky Block’s contractual obligations to the Affiliate, or for enforcing the Affiliate’s compliance with its contractual obligations to Lucky Block.
The Affiliate further acknowledges that its personal information as set out in clause 18.7 above may be disclosed by Lucky Block to relevant third parties for such purposes, including (without limitation) to:
identify and/or age verification agencies, and/or credit checking agencies;
relevant authorities, other online gambling and gaming operators, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions, and the Affiliate hereby agrees to cooperate fully with Lucky Block in respect of any such investigations of activities which it or any such third party may carry out.
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 result 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 three (3) months, the party not affected may terminate this Agreement by giving thirty (30) days’ written notice to the affected party.
WAIVER
No failure or delay by a party to exercise any right or remedy provided pursuant to these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
RIGHTS AND REMEDIES
The rights and remedies provided pursuant to these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
SEVERANCE
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the remainder of these Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
Each party agrees that the only rights and remedies available to it arising out of or in connection with a representation shall be for breach of contract.
ASSIGNMENT AND OTHER DEALINGS
The Affiliate shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms and Conditions without the prior written consent of Lucky Block.
Lucky Block may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms and Conditions.
NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
VARIATION
Lucky Block may unilaterally amend any of the terms and conditions contained in this Agreement, at any time and at its sole discretion, by posting the amended agreement on the “Terms & Conditions” page on the Affiliates Portal. Any changes will take effect from the date specified at the head of the updated version of this Agreement (“Amendment Date”), and the Affiliate hereby agrees to be bound by such changes from the Amendment Date.
The Affiliate is solely responsible for regularly checking the Affiliate Portal and making itself aware of any such amended versions and changes.
If any amendment made pursuant to clause 26.1 is unacceptable to the Affiliate, the Affiliate’s only recourse is to terminate this Agreement with immediate effect. The Affiliate’s continued participation in the Affiliate Programme following the Amendment Date will constitute a binding acceptance by the Affiliate of the amended Agreement, irrespective of whether or not the Affiliate has actually learned of or read the relevant changes.
THIRD PARTY RIGHTS
No one other than Lucky Block and the Affiliate shall have any rights under or in connection with these Terms and Conditions.
NOTICES
Any notice or other communication given to a party under or in connection with this Agreement shall be in writing and shall be:
delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
in the case of Lucky Block sent by email to: affiliates@Lucky Block.com and, in the case of the Affiliate, sent by email to the address provided in the Affiliate Application.
Any notice or communication shall be deemed to have been received:
if delivered by hand, on signature of a delivery receipt; and
if sent by pre-paid first-class post or other next working day delivery service, at midday on the second Business Day after posting or at the time recorded by the delivery service; and
if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
GOVERNING LAW
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 laws of Curaçao.
JURISDICTION
Each party irrevocably agrees that the courts of Curaçao 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.