Kindly take the time to thoroughly review our terms and conditions as well as our privacy policy (collectively referred to as "Terms") prior to submitting an application to become an Affiliate. These Terms are crucial as they define both your responsibilities and ours in the context of the CEGO Affiliate Programme (“the Affiliate Programme”).
1. GENERAL
1.1 These terms and conditions govern the Affiliate Program that is made available by CEGO A/S, company no. 29206651, (in this document referred to as “We”, “Us”, or “Our” as appropriate).
1.2 The entirety of the terms and conditions that govern our relationship, the Affiliate Program, and you (identified in the relevant application form and in this agreement as “You” or “Your” as applicable), are encompassed in this document, your completed application form, and any other guidelines or additional terms we may communicate to you via email or through our website atwww.cegoaffiliate.com, along with any modifications thereof over time (collectively referred to as the “Agreement”).
1.3 These terms and conditions apply to your application to join, and upon successful application, your participation in the Affiliate Programme. They, thus, cover the promotion of our subsidiaries (at present Happytiger ApS, company no. 41473150, and Spilnu.dk A/S, company no. 33960476) for whom the Affiliate Programme is conducted and overseen (“Advertisers”), their websites (“Advertiser Sites”), and the establishment of internet hyperlinks from your website (“Partner Site”) to the Advertiser Sites (“the Links”).
1.4 To register as an Affiliate, you must complete the relevant registration form, which is available at https://www.cegoaffiliate.com/account/register. You are required to submit the necessary information, affirm your acceptance of these Terms by clicking on ‘I agree to and accept the terms of the Affiliate Programme’ or a similar declaration, and then await confirmation from Us that your application has been approved.
1.5 The registration form you complete will be a crucial part of these Terms and the contract established between you and us. We reserve the exclusive right to decide on the acceptance of your application. You will receive an email notification from us regarding the outcome of your application. If your application is successful, you will be designated as an Affiliate, and we will send you an email with detailed instructions on how to incorporate the Links and other required materials on the Partner Site in alignment with these Terms.
1.6 Each specific proposal within the Affiliate Programme (referred to as an “Offer”) may at our discretion pertain to any Advertiser and may link to an Advertiser’s Site. It’s important to note that each Advertiser have their own additional terms and conditions concerning your promotion of their sites. These terms are also integrated into this Agreement. Remember, you are not obligated to promote any specific Offers.
1.7 Should there be any discrepancies between the stipulations of this Agreement and any other additional terms (whether they appear on our websites or on any third-party website or platform), the terms of this Agreement will take precedence. This is unless the other terms explicitly modify this agreement and are confirmed in writing by us to you.
1.8 You commit to incorporating a Responsible Gaming link and 18+ signage, as well as any other regulatory required material that we provide, into your content.
1.9 You agree to promptly inform us of any alterations to the information you submitted in the Registration Form, including changes in payment details. This is to ensure that we always have your current, complete, and accurate information.
1.10 The primary goal of our Affiliate Programme is to promote our gambling Websites (www.spilnu.dk and www.happytiger.co.uk respectively, hereinafter collectively and separately referred to as “our Websites”), primarily through the placement of Links on the Partner Site.
1.11 These Terms supersede all previous terms and conditions related to our Affiliate Programme.
1.12 We reserve the right to modify any part of these Terms at any time. We will notify you of any changes via email to the address you provided during registration (or to a subsequent address you may provide us). Unless required by Applicable Law, these changes will become effective at least 7 days after the notice is sent. If you disagree with the changes, your sole recourse is to terminate your membership in our Affiliate Programme by notifying us within 7 Business Days of receiving the notice, in accordance with these Terms.
1.13 By participating in our Affiliate Programme, you agree to uphold and act in accordance with the Licensing Objectives as if you yourself were a licensee of the Danish Gambling Authority or the Gambling Commission respectively. You also commit to demonstrating your compliance with the Licensing Objectives in all your Affiliate activities. Any failure to adhere to these Licensing Objectives will be considered a significant breach of these Terms.
2. INTERPRETATION AND DEFINITIONS
2.1 In these Terms, unless the context indicates otherwise, the following definitions apply:
“Affiliate”: A participant in our Affiliate Programme.
“Agreed Purposes”: For the purposes of marketing and promoting our Websites.
“Affiliate ID”: A unique identifier provided to you as an Affiliate, used to track the traffic associated with the Links you place on the Partner Site.
“Applicable Laws”: All relevant laws, regulations, and codes of conduct in effect at any given time in the relevant jurisdiction.
“Business Day”: Any day that is not a Saturday, Sunday, or a bank or public holiday.
“Civil Partner”: Defined as a legal relationship which can be registered by two people who aren't related to each other.
“Controller”, “data controller”, “processor”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures”: As defined in the prevailing Data Protection Legislation.
“CPA Payments”: A legacy commission payment system for each Customer who places a qualifying bet on our Websites, provided that we receive full payment for such bet and the bet is not made using any ‘free bets’, ‘free spins’, or other promotions we offer to such Customers.
“Customer”: A user who:
a) accesses our Websites via the Links containing your Affiliate ID;
b) submits their registration details to us (including a valid email address);
c) for whom we open a new account, following our validation and approval;
d) places a qualifying bet through the account linked to your Affiliate ID;
e) is not an existing customer of ours at that time and has not previously opened an account with us;
f) is not one of your Direct Relatives.
“Direct Relative”: This includes a spouse, Civil Partner, child or grandchild (including step, adopted, or illegitimate children, and their descendants).
“Fraud Traffic”: This term refers to any traffic directed to our Websites which, in our sole judgment:
i) originates from outside the designated Territory;
ii) is a result of practices not in compliance with Applicable Laws;
iii) violates these Terms;
iv) is fraudulent in nature.
“Gambling Commission”: This term refers to the Gambling Commission of Great Britain concerning customers from Great Britain.
“Danish Gambling Authority”: This term refers to the Danish Gambling Authority of Denmark concerning customers from Denmark.
“LCCP”: The Licensing Conditions and Codes of Practice issued by the Gambling Commission of Great Britain.
“Licensing Objectives”: These are the objectives outlined in the relevant legislation, namely
a) To prevent gambling from being a source of crime and/or disorder, being associated with crime or disorder, or being used to support crime;
b) public safety,
c) the prevention of public nuisance, and
d) To protect children and other vulnerable individuals from being harmed and/or exploited by gambling.
“Links”: These are internet hyperlinks that we provide and/or approve, designed to direct user traffic from the Partner Site to our Websites.
“Membership Period”: The duration for which you are an Affiliate.
“Minimum Payment”: Detailed information can be found at http://www.cegoaffiliates.com/faqs/
“Net Revenue”: This term represents the total gross money received by us from the Customers through our Websites, minus all of the following:
a) Funds paid out to Customers as winnings.
b) Payments made for betting duties or taxes (or reasonable provisions for these), or other statutory deductions or payments to licensing authorities.
c) Charges imposed by electronic payment or credit card companies.
d) Bad debts, which are amounts that are uncollectible.
e) Funds associated with fraudulent activities or Fraud Traffic.
f) Funds related to breaches of our Terms of Use that have not already been deducted.
g) Stakes that are returned to customers.
h) Provisions for transactions reversed on the instruction of the cardholder's bank, commonly known as chargebacks.
i) Any money received from Customers who bet with us via a platform that is owned or operated by a third party.
j) The cost of 'free bets' or 'free chips' offered to Customers as part of promotional or marketing activities.
k) Payments made to mobile platform operators.
“Net Revenue Share”: This term refers to the percentage share of Net Revenue, as detailed on the commission page of your Affiliate account, which may be updated from time to time.
“Partner Site”: This term refers to the website(s) that you own and control, and which we have approved for use in promoting our Websites as part of our Affiliate Programme.
“Permitted Recipients”: The term includes us, our employees, and any third parties we engage to fulfill obligations in connection with the Affiliate Programme.
“Personal Data”: This refers to the personal data that you are required to provide to us as per clause 7 of these Terms. The Personal Data is limited to the following categories of information pertaining to the following categories of data subjects:
a) User’s names.
b) User’s geographical and email addresses.
c) User’s home and mobile telephone numbers.
d) User’s consent to the Agreed Purpose.
e) Other types of personal data.
“Required Material”: This term describes the information that must be displayed on the Partner Site throughout the duration of your Membership Period.
“Revenue Share”: This term denotes the portion of Net Revenue or CPA Payments (as applicable) that is due to you from us, as outlined in these Terms.
“Revenue Statements”: These are statements that provide details of:
a) The total number of Customers referred by you.
b) Your Revenue Share, calculated for each preceding calendar month during your Membership Period.
“Terms of Use”: This refers to the terms and conditions that govern any Customer’s use of our Websites and/or our services, as they may be amended from time to time.
“Territory”: This encompasses any geographical area where the Advertiser accepts orders and/or operates.
2.2 The inclusion of clause headings is solely for the purpose of facilitating ease of reference and shall not influence the interpretation of these Terms.
3. YOUR OBLIGATIONS
3.1 You are required to supply us with all cooperation, information, and documents that we reasonably request in relation to your participation in the Affiliate Programme. You acknowledge our right to use any such information for monitoring the Partner Site to ensure your compliance with the terms of this Agreement.
3.2 You must maintain the Partner Site in a current and functional state, ensuring that its design, content, and functionality do not materially deteriorate. Additionally, all content, marketing, or advertising activities related to the site must comply with all relevant laws and codes of practice for the duration of the Agreement.
3.3 You are obliged to include at least one Link on the Partner Site and maintain these Links for the entire duration of the Agreement.
3.4 The placement of the Links on the Partner Site must not harm the reputation of us or any Advertiser. You are required to change the location of any Link upon our request.
3.5 If your use of any Link does not comply with the terms of this Agreement, we reserve the right (though not the obligation) to deactivate the Links used by you and to terminate this Agreement immediately without notice.
3.6 During the Agreement, you must prominently display the most up-to-date Links provided by us or the Advertiser on the Partner Site in a manner agreed upon between you and us. You should not alter the form or operation of the Links without prior consent from us or the Advertiser.
3.7 You are required to provide accurate and complete information when applying to join the Affiliate Programme and to promptly update that information if any part of it changes.
3.8 You are expected to provide us with reasonable assistance regarding the display, access, transmission, and maintenance of the Links. Should you wish to place the Links on websites other than the Partner Site, you must first secure written consent from us or the relevant Advertiser.
3.9 You must not place Links on any third-party website or other platforms or mediums where the content is defamatory, obscene, discriminatory, unlawful, sexually explicit, pornographic, violent, or otherwise deemed unsuitable by us.
3.10 You are prohibited from developing or implementing any strategy aimed at marketing us, any Advertiser, or Advertiser Sites to individuals under 18 years of age. The marketing must not be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture.
3.11 You must not place any Links on third-party websites or platforms that infringe intellectual property rights, copy or resemble our Website or any Advertiser Sites in whole or in part, disparage or harm our or any Advertiser’s reputation or goodwill, or frame any part of our Website or any Advertiser Sites.
3.12 You shall not offer any form of incentive or consideration to anyone for using the Links on the Partner Site to access any Advertiser Site, including but not limited to payment or other benefits.
3.13 You are prohibited from reading, intercepting, recording, redirecting, interpreting, or filling in the contents of any electronic form or other materials submitted to us or any Advertiser.
3.14 You must avoid any actions that could cause confusion about your relationship with us or any Advertiser, or about the ownership or operation of any website or service where transactions or functions occur.
3.15 You are not allowed to modify, redirect, suppress, substitute, or in any way alter the operation of any button, link, or other interactive feature of our Websites or any Advertiser Site.
3.16 You must not try to intercept or redirect traffic from or on any third-party website or other entity that participates in the Affiliate Programme.
3.17 You are prohibited from using or registering any trade name, trademark, domain name, or social media profile that is similar to or could be confused with those used or registered by us or any Advertiser.
3.18 You must not use any means or platform to promote a website that resembles the look or feel of our Websites or any Advertiser Site, nor use such means to give the impression that third-party platforms or websites are associated with our Website or any Advertiser Website.
3.19 You must not purchase or register keywords, search terms, or other identifiers for use in any search engine, portal, sponsored advertising service, social media platform, or other search or referral service that are identical or similar to any of our or any Advertiser’s trademarks or trade names, without our prior written consent. This also applies to including metatag keywords on the Partner Site that are similar to such trademarks or trade names. If you undertake these activities without our consent, we may, at our discretion, withhold any payments due to you until the issue is resolved, or terminate this Agreement.
3.20 You must not breach the terms of use or other applicable policies of any search engine or social media platform.
3.21 You must not attempt to communicate with end users, either directly or indirectly, to encourage them to move to any third-party website not owned by us or any Advertiser, without our prior written approval.
3.22 You must not market the goods or services of any Advertiser or use their intellectual property rights to end users in any territory where the Advertiser does not accept orders and/or operate.
3.23 You are prohibited from engaging in transactions on any Advertiser Site on behalf of any third party or assisting or encouraging others to do so.
3.24 Other than providing Links on the Partner Site as per this Agreement, you must not post or serve any advertisements or promotional content promoting any Advertiser Site.
3.25 You cannot assign or sub-license the Links or any revenue generated under this Agreement without our written consent.
3.26 You must not attempt to artificially increase any payments due to you by us or any Advertiser.
3.27 You must ensure that our Websites or any Advertiser Site (or any page thereof) opens in an end user's browser only as a result of the end user clicking on a Link on the Partner Site.
3.28 You must not take any action related to the Affiliate Programme that might damage the reputation and goodwill of the Affiliate Programme, RavenTrack, and/or any Advertiser. You must also comply with the terms and conditions of RavenTrack.
3.29 You must not engage, promote, or collaborate with any streamers or streaming platforms in relation to our Affiliate Program and this Agreement. This includes but is not limited to streaming gameplay, promotional events, or sponsored content related to the promotion of our Websites. Any breach hereof is considerate to be a material breach of this Agreement, and will result in immediate termination without notice. Further, we reserve the right to claim full compensation for any loss and any other remedy in this regard.
3.30 You must not engage in spamming or advertise our products or services or those of any Advertiser in a manner that breaches any law or code of conduct related to electronic marketing.
3.31 You must not engage in any form of electronic marketing, including email marketing, without our written consent.
3.32 You must compile any mailing list in compliance with relevant laws or regulations and maintain any necessary authority to make electronic communications to end users.
3.33 You are required to include the name of the Affiliate and/or the Affiliate’s logo in the body of any electronic communication distributed by you, so recipients are aware that it is the Affiliate sending the communication.
3.34 Each electronic communication you send must include an “unsubscribe” option. This option should only relate to the service provided by the Affiliate and should not link to our Website or any Advertiser site. The “unsubscribe” feature must always be fully functional and operational. Recipients of any electronic communication must only be those in an Opt-In database, consisting of individuals who have expressly consented to receive marketing from the Affiliate. You must remove anyone from the Opt-In database who indicates they no longer wish to receive marketing communications. The Opt-In function must comply with the relevant legislation.
3.35 You are not allowed to make any representations, warranties, or statements concerning us, Advertisers, or their/our respective products and services. Also, you must not send any SMS messages about us, Advertisers, or their/our relevant products and services to any databases.
3.36 You must not send emails or any other electronic messages to any recipient listed in any suppression list that we may provide to you from time to time.
3.37 You are required to take all reasonable measures to ensure that no marketing material is sent to any self-excluded customer.
3.38 If we determine, at our sole discretion, that you have engaged in any of the prohibited activities mentioned, we may withhold any payments due to you under this Agreement and/or terminate this Agreement immediately without notice or liability to you.
3.39 If you contact end users to promote our Websites, an Advertiser’s Site, or the Links, you must clearly state in the communication that it is made without our or any Advertiser's knowledge or involvement, and that any complaints should be directed to you and not to us or any Advertiser.
3.40 Your obligations outlined in this clause 3 extend to any relevant Advertiser, meaning you assume these obligations in favor of them as well.
3.41 You must inform users of the Partner Site, through an appropriate privacy policy or other means, that tracking technology will be installed on their hard drive when they click on the Links. You are also required to provide these users with a straightforward option to reject the installation of such tracking technology, in line with Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and/or the relevant incorporation hereof.
3.42 You agree to indemnify us on demand and hold us harmless from any losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, reasonable legal costs and expenses, and VAT if applicable), and liabilities incurred by us as a direct or indirect result of any breach by you of this clause 3.
4. OUR OBLIGATIONS
4.1 We adhere to a policy where the last Partner Site a visitor accesses before registering on the Websites is recorded as the referrer of that customer (Last Click Policy).
4.2 Provided that you comply with these Terms and our instructions regarding tracking Users who access the Websites via the Links, and that the Partner Site is recorded as referring a customer to us under the Last Click Policy, we will make our best effort to ensure such User is identified as originating from your Partner Site by attaching your Affiliate ID. However, we are not liable to you if we are unable to identify a customer as originating from the Partner Site for any reason.
4.3 We reserve the right to exercise any of our rights or fulfill any of our obligations under this agreement (including payment obligations) through any member of our group of companies.
5. PAYMENTS
5.1 For Affiliates registering after the effective date of these Terms, payments will be made on a Net Revenue Share basis. If you were already an Affiliate before the effective date of these Terms, you will continue on the same Revenue Share basis as you were on prior to these Terms.
5.2 If you are receiving payments on a Net Revenue Share basis, we will pay you your share of the Net Revenue for the preceding calendar month during your Membership Period.
5.3 If you are receiving payments on a CPA Payment basis, we will pay you the CPA Payment due for the preceding calendar month during your Membership Period.
5.4 We will endeavor to:
a) Make Revenue Statements available through the CEGO Affiliate Website at “https://www.cegoaffiliates.com/account/login”.
b) Update Revenue Statements on a daily basis.
5.5 If your Revenue Share is negative in any calendar month, we have the sole discretion to either:
a) Carry forward and offset such negative amount against any future Revenue Shares payable to you; or
b) Reset the negative balance to zero.
5.6 If your Revenue Share does not exceed the Minimum Payment, we have the right to withhold and carry forward the sum until the end of the first calendar month in which the Revenue Share (including the carried forward sum) exceeds the Minimum Payment. At that point, a full payment will be made according to these Terms. It's important to note that you will receive payment only when the balance is positive and exceeds the Minimum Payment in a given calendar month.
5.7 In the event of an error in calculating your Revenue Share, we reserve the right to correct such an error at any time. Depending on the situation, we will either:
a) Increase the payment to you, if we have underpaid; or
b) Reclaim from you any amount overpaid.
6. INTELLECTUAL PROPERTY
6.1 We grant you a non-exclusive, non-transferable, and worldwide license to use, reproduce electronically, and display the Links on the Partner Site, and access Advertiser Sites through the Links solely for the purpose of participating in the Affiliate Programme. This license is granted under the terms of this Agreement, for its duration, and in accordance with any guidelines we may provide to you. All rights not explicitly granted by us or any Advertiser are reserved.
6.2 You are not permitted to alter, modify, manipulate, or create derivative works of the Links and are only entitled to use them for the duration of this Agreement.
6.3 You acknowledge that all intellectual property rights and any goodwill in the Links, and in all products, associated systems, and software relating to the services provided by us to our Advertisers, or by Advertisers to end users, shall remain the property of us or the relevant Advertiser.
6.4 You are prohibited from using the Links or any content from us or our Advertisers in a way that is detrimental to us or our Advertisers, or their reputation or goodwill, both during and after the termination of this Agreement. You must not alter or modify such content without our or the relevant Advertiser's express prior written consent.
6.5 If we reasonably believe that your use of any Links or content is detrimental to us or our Advertisers, or their reputation and goodwill, or if you have altered or modified such content, we have the right (but not the obligation) to terminate this Agreement immediately upon written notice to you, without liability to you.
6.6 You agree to ensure that the Partner Site does not resemble the look and/or feel of our Websites, nor create the impression that the Partner Site is part of our Websites.
7 WARRANTIES AND DISCLAIMERS
7.1 Each party warrants to the other that it has and will maintain the necessary rights, title, and authority to enter into this Agreement, to grant the rights and licenses specified in this agreement, and to perform its obligations under this Agreement with reasonable skill and care.
7.2 For clarity, you warrant that you are at least 18 years old at the time of entering into this Agreement.
7.3 You are responsible for marketing and referring Users to us and are solely liable for the content and manner of any marketing activities you conduct on the Partner Site. All such activities must be professional, proper, lawful, and carried out in accordance with the following:
a) Data Protection Legislation.
b) The Privacy and Electronic Communications (EC Directive) Regulations 2003.
c) The Licensing Conditions and Codes of Practice (LCCP), as they may be amended or replaced over time.
d) The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) as enforced by the Advertising Standards Authority (ASA).
e) The Unfair Trading Regulations 2008.
f) Guidelines from the Competition and Marketing Authority.
a) Data Protection Legislation.
b) The Privacy and Electronic Communications (EC Directive) Regulations 2003 and the incorporation hereof in Denmark.
c) Relevant laws, including but not limited to The Danish Act on Gambling, Executive Order on online casino and the Marketing Act.
d) The Gambling Authoritys Guidelines, including but not limited to “The Danish Gambling Authority's guide on duty of disclosure when marketing and advertising gambling” and “The Danish Gambling Authority's guide on responsible gambling”.
e) The Gambling Industry´s Code of Conduct.
7.4 You assure us, and you will ensure that any third party involved also guarantees, that any participation or activity will be immediately halted upon notification of its violation of any legal or regulatory requirements. Furthermore, you commit to, and will ensure that any third party involved adheres to, all investigative and corrective demands made by the relevant legal or regulatory authorities.
7.5 You acknowledge that gambling laws differ widely across various cities, states, and countries. You affirm that you have independently assessed the legal landscape applicable to your activities and are confident that your participation in our Affiliate Programme does not breach any relevant rules or laws. This understanding is particularly crucial for Advertisers involved in gambling activities, given the varied and often complex legal context surrounding gambling.
7.6 You represent, warrant, and undertake to us that:
a) You have and will maintain throughout the Term, all rights, titles, and authority to enter into these Terms and to fulfill all your obligations under them.
b) You have obtained and will maintain all necessary registrations, authorizations, consents, and licenses needed to fulfill your obligations under these Terms.
c) You have obtained and will maintain all necessary registrations, authorizations, consents, and licenses to use the data and information on the Partner Site.
d) You comply and will continue to comply with all Applicable Laws.
7.7 You represent, warrant, and undertake that the Partner Site shall:
a) Not contain any material which, in our sole opinion, is defamatory, pornographic, unlawful, harmful, obscene, harassing, discriminatory, violent, politically sensitive, or controversial.
b) Not infringe upon any third-party rights.
c) Not develop or implement any marketing strategy targeting persons under 18 years of age, or in any way appeal to children.
d) Not link to any material specified in a) above.
7.8 You must not:
a) Abuse the Affiliate Programme.
b) Encourage Customers to breach our Terms of Use.
c) Use the Affiliate Programme in a disingenuous, bad faith, or non-spiritual manner.
d) Purchase or register keywords or search terms similar to our trademarks or brand names.
e) Include metatag keywords on the Partner Site similar to our trademarks or trade names.
f) Use domains or sub-domains containing our trademarks, misspells, or variations.
g) Offer incentives for using the Links on the Partner Site.
h) Interfere with any electronic forms or materials submitted to us.
i) Alter the operation of any feature of the Websites.
j) Engage in transactions on the Websites on behalf of third parties.
k) Cause confusion about our relationship with you or any site where transactions occur.
l) Post or serve any advertisements or content promoting the Websites, other than the Links.
m) Display the Websites using framing or pop-up/pop-under windows.
n) Artificially increase your Revenue Share.
o) Cause the Websites to open in a User’s browser without a click on a Link.
p) Intercept or redirect traffic from another Affiliate’s website.
q) Market or promote the Websites outside the Territory.
r) Disguise the geographical location of Users or Customers.
s) Promote unfeatured offers or promotions of the Affiliate Programme.
t) Communicate with our customers to encourage them to move to non-owned websites.
7.9 If we suspect that you are in breach of the above, we reserve the right to immediately suspend or terminate your membership in our Affiliate Programme without liability to you, and we may withhold any payments due to you. In the event of termination, any amounts owed by you to us will become immediately due and payable.
7.10 We reserve the right to monitor the Partner Site to ensure your compliance with these Terms. You are required to provide us with all necessary data, information, and assistance for such monitoring without any charge.
7.11 Personal Data: This clause outlines the framework for the handling of personal data, where you, as a data controller, may be required to disclose personal data to us, also acting as a data controller, for the Agreed Purposes.
7.12 Effect of Non-Compliance with Data Protection Legislation: You are obligated to adhere to all responsibilities of a controller under the Data Protection Legislation. Any significant breach of these obligations by you that remains unremedied within 7 days of our written notice will provide grounds for us to immediately terminate this agreement.
7.13 Obligations Regarding Your Disclosure of Data to Us: You shall:
a) Ensure that all necessary notices and consents are in place to legally transfer the Personal Data to the Permitted Recipients for the Agreed Purposes.
b) Fully inform any data subject whose personal data may be processed under this agreement about the nature of such processing. This includes notification that their personal data may be retained or transferred to the Permitted Recipients, their successors, or assignees upon termination of this agreement.
c) Process the Personal Data solely for the Agreed Purposes.
d) Restrict disclosure or access to the Personal Data to only the Permitted Recipients.
e) Ensure that all Permitted Recipients are bound by written contractual obligations concerning the Personal Data that are at least as stringent as those in this agreement.
f) Implement appropriate technical and organizational measures, approved by us, to protect against unauthorized or unlawful processing of personal data and against its accidental loss, destruction, or damage.
g) Not transfer any personal data outside the European Economic Area (EEA) unless:
i. In compliance with Articles 26 of the GDPR for joint controllers, and
ii. Ensuring that the transfer is to a country deemed by the European Commission as providing adequate protection under Article 45 GDPR, or that there are appropriate safeguards as per Article 46 GDPR, or that one of the derogations in Article 49 GDPR applies to the transfer.
7.14 Assistance: You are obligated to assist us in meeting all applicable requirements of the Data Protection Legislation. Specifically, you shall:
a) Consult with us about any notices given to data subjects concerning their Personal Data.
b) Promptly inform us about the receipt of any data subject access requests.
c) Provide reasonable assistance in complying with such access requests.
d) Not release Personal Data in response to a data subject access request without consulting us first, wherever possible.
e) Assist us, at your expense, in responding to requests from data subjects and in ensuring compliance with the Data Protection Legislation regarding security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators.
f) Notify us without undue delay upon becoming aware of any breach of the Data Protection Legislation.
g) Keep accurate records to demonstrate your compliance with this clause and permit audits by us or our designated auditor.
h) Provide us with the contact details of an employee responsible for managing issues related to the Data Protection Legislation.
7.15 Indemnity: You shall indemnify us against all liabilities, costs, expenses, damages, and losses incurred due to the breach of the Data Protection Legislation by you, your employees, or agents. This is contingent on us providing prompt notice of any such claim and reasonable assistance in dealing with it.
8. EXCLUSION OF LIABILITY
8.1 We do not limit liability for death or personal injury resulting from our negligence or fraud.
8.2 We shall not be liable for:
a) Loss of revenues, profits, contracts, business opportunities, anticipated savings, or wasted expenditure (direct or indirect).
b) Loss of goodwill or reputation.
c) Any indirect or consequential losses, regardless of whether such losses were foreseen.
d) Loss or corruption of data or information.
8.3 Our total liability to you shall not exceed the total payments made to you in the 12 months preceding the date on which the liability arose.
9. TERMINATION
9.1 We may terminate the Membership Period immediately if:
a) You materially breach these Terms.
b) You repeatedly breach these Terms, indicating an inability or unwillingness to comply.
c) You face insolvency or similar financial difficulties, as detailed in various subsections.
d) Any similar insolvency or financial distress event occurs in any jurisdiction to which you are subject.
e) If you, as an individual, pass away or become incapable of managing your affairs due to illness, incapacity, or mental health reasons.
9.2 Termination by Either Party: Either party can terminate your membership in the Affiliate Programme by providing four weeks of prior written notice to the other party.
9.3 Termination Due to Minimum Customer Requirement: We reserve the right to terminate your membership in the Affiliate Programme if you fail to meet the Minimum Customer Requirement as outlined in clause 10.
10. MINIMUM CUSTOMER REQUIREMENTS
10.1 Criteria for Evaluation: During the Membership Period, if:
a) You fail to introduce at least one (1) new Customer within a three-month period; and/or
b) The Customers you have introduced display an unusually high level of net losses to us; and/or
c) You cease actively promoting us;
then we may reach out to discuss your status in the Affiliate Programme. If, following this discussion, there is no satisfactory response or visible effort to make appropriate changes within 7 days, we may either:
a) Reduce your Revenue Share percentage to 10% with immediate effect; or
b) Consider this as a material breach of these Terms, warranting immediate termination as per the earlier clause.
11. CONSEQUENCES OF SUSPENSION AND TERMINATION
11.1 Post-Termination Settlement: Upon the termination of your membership in the Affiliate Programme, and after accounting for any deductions or adjustments as stipulated in these Terms, we will pay you any remaining balance in your account and your next Revenue Share amount as usual. This clause ensures that upon the conclusion of your membership, you will receive any outstanding earnings owed to you, subject to compliance with the Terms.
11.2 Payment Issues: If we are unable to pay you due to incorrect payment details or your refusal of payment, we will hold the funds on your behalf for three years from the end of your Affiliate status. If you provide updated payment and address details, along with any necessary identity verification documents during this period, we will release any monies owed to you. Be aware that we may deduct a monthly administrative fee from these funds, which will be the higher of 5% of the remaining balance or £5/DKK50.
11.3 Post-Termination Actions: Upon termination of your membership in the Affiliate Programme, you must:
a) Stop all promotion of the Websites and remove all Links from the Partner Site.
b) Return any confidential information provided by us and marked as such.
11.4 Obligations Post-Membership: After the Membership Period ends, neither party will have any further obligations or rights under these Terms, except those necessary for interpreting or enforcing the Terms.
12. DISCLAIMER
12.1 We do not guarantee that the Affiliate Programme or Links will meet your specific requirements or that you will earn a specific amount of revenue.
12.2 You acknowledge that the reported amounts payable to you by the Affiliate Programme are subject to the terms of this agreement and are not final until calculated in accordance with these terms.
13. MISCELLANEOUS
13.1 These Terms, along with the Registration Form, and any other guidelines or additional terms we may communicate to you via email or through our website, along with any modifications thereof over time represent the entire agreement between you and us, superseding any prior agreements regarding the subject matter. Both parties acknowledge that they have not relied on any statement, representation, warranty, understanding, promise, or assurance not explicitly stated in these Terms. This clause does not limit or exclude any liability for fraud.
13.2 Interest on Overdue Payments: If either party fails to pay any due amount under these Terms by the due date, the receiving party has the right, though not the obligation, to charge simple interest on the overdue amount. This interest accrues from the due date until the actual payment date at a rate of 2% per annum above the base rate of Barclays Bank Plc. It's important to note that we will not pay interest on any balance in your account if you have not complied with clause 1.9 or if payment is refused by your chosen payment method.
13.3 Non-Waiver: Any delay, failure, or omission in enforcing, exercising, or pursuing any right, power, privilege, claim, or remedy under these Terms or by law should not be deemed a waiver of those rights or remedies.
13.4 No Assignment: You are not allowed to assign, sub-license, or subcontract your rights or obligations under these Terms in any way. Any attempt to do so without our consent is invalid and may result in the immediate termination of these Terms, without any liability to you.
13.5 Validity of Terms: If any part of these Terms is found to be invalid or unenforceable by a competent jurisdiction, such invalidity or unenforceability will not affect the remaining provisions, which will continue to be valid and enforceable.
13.6 Notices: Notices under these Terms should be sent via email. Notices to us should be sent to the email address of the relevant Affiliate Manager, which will be provided to you once you become an Affiliate. Notices to you will be sent to the email address you provided in your Registration Form, or another address you have subsequently notified us of.
13.7 Confidentiality: You agree not to use, disclose, or communicate any confidential information about our business or any member of our group of companies to anyone except your professional representatives or advisers, or as required by law or any legal or regulatory authority. You also commit to taking reasonable measures to prevent the publication or disclosure of such confidential information.
13.8 Announcements: You are not allowed to make any announcements related to these Terms or their subject matter without our prior written approval, except as required by Applicable Law.
13.9 Governing Law and Jurisdiction: The validity, interpretation, and performance of these Terms, as well as any claim, dispute, or matter arising under or in connection with them or their enforceability, shall be governed by and construed in accordance with the laws of Denmark. Both parties submit to the exclusive jurisdiction of the Danish courts over any claim, dispute, or matter arising under or in connection with these Terms or their enforceability.
Palsar Capital Limited, henceforth referred to as “We” “Our” “Us” provides an affiliate programme to promote our clients on whose behalf We administer and manage the affiliate program. In this policy “affiliate” “you” and “your” refers to the individual entity that has agreed to promote the brands we provide marketing services for, in accordance with this Privacy Policy.
This Privacy Policy is designed to help you understand how we collect, use and safeguard your information.
This privacy policy should be read in conjunction with the Affiliate Programmes Terms and Conditions. By entering into any kind of contract with Palsar Capital Limited, you agree to the contents of this privacy policy. If you do not agree with any section of this privacy policy, you should not attempt to use our service.
The Data Controller is Palsar Capital Limited t/a Raven of Glassworks, 1 Back Turner Street, Manchester, M4 1FR
All queries in regards to this privacy policy should be addressed to the Data Protection Officer at the above address, who can also be contacted directly at compliance@raventrack.com
We collect and process the following data from (and about) you:
We implement effective processes to identify, manage, monitor and report risks and internal control mechanisms. These controls include secure systems and networks, and clear processes for privilege access rights. All data is stored securely.
Our lawful basis for processing personal data include:
We may disclose your personal data to:
All processing of information will be governed by the appropriate data protection laws.
We will not send promotional or direct marketing, inclusive of email, SMS, or automated calls, without first obtaining your specific consent.
The consent requires a positive Opt-In either in electronic format, verbally or in writing. The consent will be clear and specific, granular, separate from other Terms and Conditions, name any third parties relying on the consent, and be easily withdrawable.
We will not transfer Personal Data to recipients in Third Party countries that are outside of the EEA, or are not currently recognised by EU law as having an adequate level of legal protection for the rights and freedoms of data subjects unless:
You may request that your Personal Data be anonymised in the following circumstances:
We will only retain data for the necessary time to complete the task that the data was collected for, or to meet our legal obligations.
You are entitled to a file a Subject Access Request (SAR) to obtain a copy of the personal information which we hold about you. If you wish to receive a copy of this information, please contact your account manager, or the DPO directly, and allow up to thirty calendar days for the information to be collated and provided to you. Please note that your identity will need to be confirmed in order to complete a SAR, which may include the disclosure of other personally identifiable documentation in order to prove your identity (such as a passport scan, or valid proof of address) before commencing with the process.
By using the Raven website, you consent to our use of ‘cookies’. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use cookies and the information gained from them to analyse site usage, with this information used accordingly to improve our content and site layout and to remember your onsite preferences.
If you prefer, you can disable cookies in your web browser. The ‘help’ menu on the menu bar of most browsers will have a functionality to disable cookies.
Palsar Capital Limited do not use any automated systems in order to make decisions regarding your account which have any legal effect on You.
Please let us know if you are unhappy with how we have used your personal information in writing to the Data Protection Officer, who will be able to assist further with your complaint or concern. You also have the right to complain to the Information Commissioner’s Office.
This Privacy Policy is kept under continued review by Palsar Capital Limited and can be amended by Us at any time, and without notice to you. Whenever a change is made to the privacy policy which will affect your rights as a data subject, or change the intended processing purposes, then you will be notified directly and asked to agree to the new privacy policy. If you disagree with the changes made to the privacy policy, you retain the right to withdraw consent for future processing, as stated in the introduction to this policy.
This version of the Privacy Policy is effective as of September 20th 2018.