Terms and Conditions
(a) We are the operator of the Affiliate Program – Fast Track Affiliates
(b) Affiliates may market and promote the online gambling operator sites represented by Fast Track Affiliates
(c) These Terms and Conditions govern the relationship betWeen Us and You, any Affiliate that is approved as a partner on or after the 11th of December 2012.
In these Terms and Conditions the following words and expressions shall have the following meanings:
- "Affiliate/You/Your" means a member of Fast Track Affiliates, whether a natural or juristic person, having registered and having been accepted by Us as an affiliate in accordance with this Agreement. "Affiliate" shall mean You, a natural or juristic person who has registered and is accepted by Us as an Affiliate at Fast Track Affiliates.
- "Us, We, Our" means Fast Track Affiliates, the exclusive Affiliate Programme provider to Raging Bull Online Casino, and Grand Fortune Online Casino, and any other Merchants that may be added as clients in the future about which more information can be obtained from the Website.
- "Affiliate Program / Fast Track Affiliates" shall mean the affiliate program operated by Us and explained in further detail in this agreement.
- "Agreement" means these Terms and Conditions and includes all changes, additions, annexes and/or schedules hyperlinked within these Terms and Conditions, and also includes any subsequent versions hereof. It is Your responsibility to check for any changes/additions which might occur without any prior notice.
- "Commission" means the revenue earned as set out in the Commission Schedule.
- "Confidential Information" shall mean any information of whatever nature which is not in the public domain, which has been or may be obtained by the Affiliate from Us, relating to Our information in writing or in electronic form or pursuant to discussions betWeen Us, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas; analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition and includes any dispute betWeen the Affiliate and Us resulting from this Agreement.
- "Customer/ Player" shall mean a person or entity that the Affiliate directs in any manner to Us, who can be linked to the Affiliate's Tracker and who opens a Real Money account with Us. By opening an account with Us, that person or entity will become Our Customer and all of Our rules, policies, and operating procedures will apply to them.
- "Dormant" means acquiring no new active players for a period of three months.
- "Inactive" means earning no commission income and/or earning commission levels below a certain threshold for a period of three months. We may advise You by way of e-mail and/or any written form of correspondence when Your account has been labelled "inactive".
- "Delinquent activity" means activities which in Our sole opinion is deliberately practiced by an Affiliate in order to secure a real or potentially unfair or unlawful gain.
- "Derivative Domain Name" shall mean any domain name which is not a Prohibited domain name, and which incorporates in whole, or in part, any of the Trade Marks.
- "Derivative Website" shall mean a Website established by the Affiliate which incorporates in whole, or in part, any of the Intellectual Property.
- "Fraudulent Activity" shall mean a deception which in Our sole opinion is deliberately practiced by a Customer or an Affiliate in order to secure a real or potentially unfair or unlawful gain.
- "Intellectual Property" shall mean all intellectual property rights including copyright, trademark and industrial design rights that are the rightful property of Fast Track Affiliates.
- "Copyright", for purposes of this agreement, shall be limited to the existing and future copyright in the trade mark devices, logos, getup, trade dress, Websites, Marketing Materials and/or trading styles relating to, or incorporated in, Our Websites.
- "IP Documentation" shall mean the written document(s) published by Us from time to time on Our site containing a non-exhaustive directory of the Intellectual Property and detailed instructions and guidelines pertaining to the appropriate use and application of the Intellectual Property.
- "License" shall mean a non-transferable and non-exclusive right granted to the Affiliate by Us to use the Intellectual Property only as is strictly necessary to adequately and effectively direct Customers to Our Website(s), in accordance with the Terms and Conditions of this Agreement.
- "Marketing Materials" shall mean various forms of branded, creative material including, but not limited to, online banners, html and text mailers, promotional material and other online and offline marketing materials which We may provide the Affiliate.
- "Casino Gross Revenue" shall mean the sum total of all of a New Real Player's bets while playing at the casino, less the winnings of the Real New Player, less any credits, bonus or promotional amounts given to the Real New Player, less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to a Real New Player by The Company to settle a claim involving the allegation of credit card or other abuse or fraud) or any uncollectable revenue attributable to Real New Player.
- Negative commission balances are not carried forward. If You end the month on a negative it will be reset to zero from the beginning of the next month, unless the negative balance is as a result of a chargeback. In some instances, unrecovered chargebacks may be loaded as negative adjustments to earnings.
- "Our Websites" are Websites situated at, but not limited to, the following URLs:
- "Our Products"/"Online Gambling Operators"/"Merchants" shall include, but are not limited to, Raging Bull Online Casino, Grand Fortune Online Casino and any other online gaming properties that We add in the future.
- "Notice" shall mean a written document.
- "Parties" shall mean You and Us.
- "Prohibited Domain Name" shall mean a domain name irrespective of territory or Top Level Domain (TLD), which is identical or confusingly similar to The Company's, and which the Affiliate is prohibited from registering, acquiring and/or using in any manner or form whatsoever.
- "The Company" shall mean Fast Track Affiliates.
- "Second-Tier Affiliate" shall mean a person or entity that the Affiliate directs in any manner to Us and is confirmed in writing and who can be linked to Your Affiliate ID, and becomes an Affiliate of Fast Track Affiliates.
"Spam" means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet Website operated for
a commercial purpose) which is intentionally transmitted to multiple commercial electronic mail messages from or through a computer and which is warranted by receiver in any way. Fast Track Affiliates
does not condone spam in any way. Spam includes, but is not limited to, the following:
- Emails and messages sent without the recipient's prior consent
- Emails and messages containing false information
- Emails and messages that do not contain an unsubscribe or remove button
- Emails and messages that do not truthfully identify the source or the originating IP Address
- "Agreement" shall mean this affiliate agreement, including the online application form, these Terms and Conditions and all appendices and annexes incorporated therein by reference, including all future updates and additions thereto.
- "Trade Marks" for purposes of this agreement shall be limited to mean the trade mark applications and registrations listed in the IP Documentation, including equivalent and/or similar applications and registrations in all other countries, the goodwill and/or reputation which attaches to all the aforementioned, as Well as the goodwill and/or reputation in the getup, trade dress and/or trading style which relate to or are associated with the registered and/or unregistered trademarks.
- "Written" or "Writing" shall include e-mail and any other correspondence.
- "Term" shall be the term of this Agreement, commencing on the activation of the Affiliate's account (commencement date) and remaining in full force and effect until the Affiliate's account is terminated in accordance with this Agreement (termination date).
- "Tracker(s)" refers to the exclusive URL given to an Affiliate to identify their site as the referral site of a new player. This tracker is used to track the affiliate's earnings as Well as the player's progress.
- "Purchase(s)" refers to Real Money deposits made by players through any of the safe and convenient banking options available.
- "Redeem(s)" refers to any and all funds withdrawn or cashed-out by Players from their account. It also refers to coupons, bonuses, or casino credits.
- "Marketing Fees/Commission" – This is the amount payable to an affiliate at the end of every calendar month if the affiliate has met the minimum paYout amount. This amount is determined by the information collected by the affiliate's unique tracker.
- "Fraud Traffic" refers to purchases or traffic generated illegally or in 'bad faith' to intentionally defraud Fast Track Affiliates. This includes spam, any false advertising, misinformation or unauthorized use of registered and trademarked marketing materials.
- "Lead" refers to a person who accesses the site through a link and opens a New User account.
- "Real Money Player/Qualifying Player" refers to a lead that makes a minimum deposit and plays at the casino. Neither an affiliate nor any relative (spouse, life partner, parent, child, sibling) is eligible to open a Real Money account at the casino.
- An Affiliate must successfully comply with the provisions supplied in these Terms and Conditions and be accepted by Us prior to this Agreement coming into force and effect. The Affiliate's application to become an Affiliate with Fast Track Affiliates confirms the Affiliate's acceptance of the terms of this Agreement.
- Any and all services, information, materials, facilities provided by Fast Track Affiliates remain the property of Fast Track Affiliates at all times.
- We may, at any time and in Our sole discretion, block or restrict certain players if fraudulent activities are suspected.
- Under this Agreement, the obligations of Fast Track Affiliates do not constitute the personal obligations of any employees. Any liabilities which might arise under this Agreement will be settled only from any revenue generated and collected.
- The Affiliate's application information and domain names supplied will be compared to the domain name registration information in a WHOIS database.
Fast Track Affiliates shall evaluate the Affiliate's application on submission thereof. Upon request from Fast Track Affiliates, You will provide Us with the following information which includes, but is
not limited to:
- A list of Derivative Domain Names
- Information on how these domain names are being used
- Information on the quality of a Derivative Website, including, but not limited to information about the Website's content, and design
- Information about Your area of focus, including, but not limited to online casinos initiatives
- Your preferred marketing methods
- Your target market
- After submitting the information required above, the Affiliate will be required to confirm the information provided on registration as Well as any additional information provided.
- The Affiliate will provide proof of identification including, where possible, a government-issued identification number.
- The Affiliate must also provide Us with his/her banking details for the payment of Commission.
- After having complied with the aforegoing, You will be notified in a timely manner of Our decisions regarding Your application. The Affiliate acknowledges and agrees that the acceptance of his/her application depends in part on its compliance with the provisions of this Clause. The acceptance or rejection of any application made by an Affiliate is at Our sole discretion.
- Should We accept the Affiliate's application, the Affiliate will be granted a license in accordance with Clause 4 of this Agreement.
- The Affiliate hereby consents to Us independently verifying any information provided to it by You pursuant hereto and any other information provided to Us by the You from time to time pursuant to a specific request by Us for such information.
- Refer other existing affiliates, themselves or family members
- Offer any extra incentives in order to secure a new affiliate
- Sign up with any outside party or otherwise act in bad faith against Fast Track Affiliates
- Acquiring and using a Derivative Domain Name(s)
- Establishing, hosting, publishing and marketing Derivative Website/s
- Acquiring and using the Marketing Material for the exclusive benefit of Fast Track Affiliates
- The Affiliate shall not have the right to sub-license the Intellectual Property in any way whatsoever, either in whole or in part to any third party
- Any right not specifically granted in this Agreement is specifically reserved for the exclusive use of Fast Track Affiliates
- The Affiliate may not register a Prohibited Domain Name.
- Should an Affiliate register a Prohibited Domain Name, and without prejudice to any legal remedy or right that Fast Track Affiliates may have at law, We shall be entitled to terminate this Agreement with immediate effect and claim transfer of the Prohibited Domain Name to the Fast Track Affiliates.
- A decision as to whether or not a particular domain name is a Prohibited Domain Name is left to the sole discretion of Fast Track Affiliates. Our decision in this regard will be final and binding on the Affiliate.
- The Affiliate may register and use one or more Derivative Domain Names.
- The Affiliate will furnish Us with a written, accurate and complete list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliate's list of Derivative Domain Names will be communicated to Us as soon as reasonably possible.
- The Affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial 'property' of Fast Track Affiliates and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of Fast Track Affiliates for the Term. On expiry of the Term, the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to Us, or an entity duly nominated by Fast Track Affiliates in writing, without delay.
- You hereby undertake to sign and/or complete any and all documents or procedures, and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to Fast Track Affiliates, or an entity duly nominated by Us in writing.
- All rights or advantages, and without limitation goodwill, that may arise due to the use of the Derivative Domain Name will accrue for the sole benefit of Fast Track Affiliates.
- Should the Affiliate no longer require a particular Derivative Domain Name, the Affiliate will, in a timely manner prior to the URL expiring, inform Fast Track Affiliates of its intention not to pay the renewal fee, and will if requested to do so by Us, provide all necessary assistance to transfer the Derivative Domain Name to Us, or an entity duly nominated by Us in writing, without delay.
Without exception, a Derivative Domain Name may only be used for the following purposes:
- To resolve to the respective Fast Track Affiliates Website
- To resolve to a Derivative Website; on condition that if the Affiliate is marketing and promoting only one of Fast Track Affiliates' Websites, the Affiliate may only market and promote the particular Website corresponding with the Derivative Domain Name
- If the Affiliate is marketing and promoting more than one of Fast Track Affiliates' Websites the Affiliate shall give prominence to the Website corresponding with the Derivative Domain Name
- The Derivative Website does not market and/or promote competitor brands or products
- Fast Track Affiliates reserves the right, in their sole discretion, to terminate this Agreement with immediate effect and claim transfer of the Derivative Domain Name to Us if the Affiliate, its agent or nominee does not strictly adhere to any/all the provisions.
- A decision as to whether or not a Derivative Domain Name is a Prohibited Domain Name is left to the sole discretion of Fast Track Affiliates. Our decision in this regard will be final and binding on the Affiliate.
- If the Affiliate elects to establish and promote a Derivative Website, the Affiliate will ensure that the Derivative Website complies in all aspects with the guidelines published in the IP Documentation as may be updated from time-to-time. Without limiting the general nature of this responsibility, the Affiliate will ensure that the Intellectual Property will accurately reflect any and all amendments, enhancements and additions as outlined in the IP documentation or as officially applied to our respective Website.
Regarding the establishment, operation and maintenance of the Derivative Website, the Affiliate will be solely responsible for:
- The development, operation, and maintenance of the Website;
- The content of its Website; and
- Ensuring, among other things, that any and all content posted on the Website, including, but not limited to, images, graphics, data and text, are not libellous or otherwise illegal.
- A decision as to whether or not the Affiliate is complying with its responsibilities in terms of this clause is left to the sole discretion of Fast Track Affiliates. Fast Track Affiliates' decision, in this regard, will be final and binding on the Affiliate and if necessary, the Affiliate will take all necessary action prescribed by Fast Track Affiliates or its designated agent to remedy the situation, failing which Fast Track Affiliates shall be entitled to terminate the Agreement with immediate effect.
- The Affiliate undertakes to use its best endeavours to ensure that the reputation, goodwill and proprietary rights that vest in the Intellectual Property are protected, maintained and wherever possible, enhanced for the ultimate benefit of Fast Track Affiliates.
- Upon activation of the Affiliate's account, the Affiliate shall be provided access to the Intellectual Property and the Marketing Material via the Fast Track Affiliates' Website, newsletters and account relationship managers.
- Procure and utilize new and updated Intellectual Property and or Marketing Material forthwith after it is made available to the Affiliate by Us.
- The Affiliate shall, when using the Intellectual Property and Marketing Material, cause them to be reproduced and applied exactly and accurately and shall use them in accordance with the specifications and directions laid down by Us from time to time (whether in the IP Documentation or otherwise).
- A decision as to whether or not the Affiliate is complying with its responsibilities is left to the sole discretion of Fast Track Affiliates. Our decision in this regard will be final and binding on the Affiliate, and if necessary the Affiliate will take all necessary action prescribed by Us or its designated agent to remedy the situation, failing which We shall be entitled to terminate the Agreement with immediate effect.
- The Affiliate may design its own Marketing Material for the sole purpose of directing Customers to Fast Track Affiliates' Websites, subject to the following terms and conditions:
- The Affiliate will strictly adhere to the instructions and guidelines as set out in the IP Documentation pertaining to the use and application of the Intellectual Property. If the use and/or application of any of the Intellectual Property is not specifically dealt with in the IP Documentation, then prior to the Intellectual Property being used, the Affiliate shall first obtain Fast Track Affiliates' prior Written approval or instructions on how to proceed.
- The Affiliate will furnish Fast Track Affiliates, upon written request, with such information and reports, including but not limited to samples of any marketing material, as may be required by Us in connection with the Affiliate's use of the Intellectual Property.
- Any proposed changes to the Intellectual Property or Marketing Material that the Affiliate may wish to make (and then only in terms of the guidelines laid down in the IP Manuals) shall be submitted to Fast Track Affiliates for prior written approval prior to the use or publication thereof.
- The Casinos will register Customers and Fast Track Affiliates will track their purchases and their play where appropriate. Raging Bull, and Grand Fortune have the right to refuse Customers (or to close their accounts) if necessary, to comply with any requirements that they may periodically establish.
- Fast Track Affiliates will provide the Affiliate with such Marketing Material as is strictly necessary to market and promote Fast Track Affiliates' Websites and Products.
- Fast Track Affiliates will track Customers' purchases and, in respect of certain of Fast Track Affiliates' Brands, Customers' wins and losses and will provide reports summarizing their activity. Notwithstanding this, the form, content and frequency of the reports may, at Our discretion, vary from time to time. We will provide the Affiliate with remote online access to reports of Customer activity and the commission generated. To gain access the Affiliate will need to use the Affiliate's Affiliate Number and Password as provided to the Affiliate by Us.
- Fast Track Affiliates will facilitate payment of Commission from Us to You based on income earned from purchases and play from the Affiliate's Customers after they open an account with one or more of Fast Track Affiliates gambling operator sites.
- Payment shall only be made to the Affiliate once Fast Track Affiliates has received payment itself. Fast Track Affiliates reserves the right to change payment terms at any time and for any reason as set out in the commission schedule.
- After being accepted as an affiliate, marketing materials including banner(s), button and text links which will link to the site will be made available to You for the purposes of marketing, advertising and promoting the site(s) on Your sites/domains within the parameters of the Terms and Conditions. None of the marketing materials may be edited or altered in any way unless prior written consent is received from Fast Track Affiliates.
- Fast Track Affiliates will make marketing material, including but not limited to banners, links, text links, etc. available to accepted affiliates who may use them on their sites/domains.
- Fast Track Affiliates does not allow anyone under the age of 21 to register as an account holder or play on the sites.
- Fast Track Affiliates shall pay all commissions due within approximately 15 business days after the end of every month. All commission payments shall be made directly to the affiliate via Your preferred payment method. We cannot be held liable for any delay the affiliate experiences in receiving payment due to the affiliate providing inaccurate details.
- Fast Track Affiliates reserves the right to subtract from Your commissions any fees resulting from correcting errors due to the affiliate not providing correct payment/banking information.
- The commission payment will only be made when the amount paid is equal to, or more than the minimum of $500. If the amount payable is less than previously mentioned, it will be held over until the next date of payment, or until the payment exceeds the minimum. Negative amounts will not be carried over.
- If an affiliate has more than one tracker, the combined amount of Your trackers will constitute the amount payable.
- Fast Track Affiliates reserves the right to investigate all commission earned for possible fraudulent behaviour on the part of the Real Money player or the affiliate.
- All commission earned during the time it takes to investigate, all commission accumulated during this period will be held. This period shall not last for more than 180 days. Any instances of fraudulent activities found will constitutes as a breach of this agreement and Fast Track Affiliates reserves the full right and authority to immediately terminate this agreement betWeen themselves and the offending affiliate. All commission accrued during the investigation period will be rendered null and void if fraudulent behaviour is identified either on the part of the Real Money player or the affiliate. The Affiliate programme reserves the right to deduct from future payable commissions any amounts received by the affiliate in the past which have been generated through fraudulent activity.
- Fast Track Affiliates will provide a monthly statement if and when requested by an affiliate.
Any and all information provided by Fast Track Affiliates to an affiliate will be considered confidential and will remain confidential after this contract is terminated for whatever reason. This
information may not be used for personal or commercial use or shared with any unauthorised third parties. Confidential information incudes, but is not limited to:
- any business, financial, buyer or player information
- lists of existing or potential customers/players
- pricing, promotional or sales information
- trade secrets, marketing or sales opportunities
- records, business, operational or processing plans or product information
- personal data or trade secrets
- The information the Affiliate provides Fast Track Affiliates on registration is complete, valid and true and accurate.
- All affiliates must provide the following complete, accurate and up-to-date information, including but not limited to: Identity, Nationality, Residency, Contact Details, location of any marketing materials.
- In the event the Affiliate is a juristic person, the person submitting the application has the full right, poWer and authority to enter into this Agreement on behalf of such entity. In the event the Affiliate is a natural person, such person must be at least 18 years of age and has the full right, poWer and authority to enter into this Agreement.
- The affiliate shall do his/her best in marketing and advertising the sites associated with Fast Track Affiliates to boost traffic to the site and maximize all parties' interests. The affiliate agrees to market, advertise and promote the site in a manner that is consistent with the overall style and presence of the site.
- Affiliates are not permitted to make purchases at the casino through their personal tracker as this is considered fraudulent behaviour. Test purchases are permitted with the prior consent from the site and can be conducted with the assistance of the site. Please contact Contact@fasttrackaffiliates.com and We will refund any test purchases made. Any other purchases not cleared with the site will be deemed fraudulent.
- The execution of this Agreement by such person, and the performance by the Affiliate of the Affiliate's obligations and duties hereunder, do not and will not violate any agreement to which the Affiliate is a party of or by which the Affiliate is otherwise bound.
- The Affiliate hereby accepts the appointment as Fast Track Affiliates' Affiliate. The Affiliate acknowledges that this Agreement does not grant the Affiliate an exclusive right or privilege to assist Fast Track Affiliates in the provision of services arising from the Affiliate's referrals. The Affiliate shall have no claims to Commission or other compensation on business secured by or through persons or entities other than the Affiliate.
- The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to Fast Track Affiliates. Fast Track Affiliates reserves the right to terminate this Agreement immediately should such activity arise through a person directed to Fast Track Affiliates or Fast Track Affiliates' Websites via the Affiliate's link and to withhold the Commissions payable to the Affiliate at any time irrespective of whether such mentioned traffic was directed from the Affiliate's link with or without the Affiliate's knowledge.
- In the giving of effect to this Agreement the Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.
- Any form of Spam will result in the Affiliate's account being placed under review and all funds due to the Affiliate withheld, pending an investigation. If Fast Track Affiliates incurs expenses and/or damages in dealing with Spam generated mail or being blocked by third party Internet Service Providers, these same expenses and/or damages will be deducted from the Affiliate's account. If this occurs, the amount of such expenses and/or damages as determined by Fast Track Affiliates will be deemed fair and final and acceptable to the Affiliate. Should these expenses and/or damages not be covered by funds in the Affiliate's account, Fast Track Affiliates has the right to investigate other alternative means for obtaining payment, for example: should the Affiliate's account have generated purchasing accounts Fast Track Affiliates will hold payment of commission for these accounts until such a time as the account for expenses and/or damages has been cleared. Should the Affiliate's account not be active nor be generating profit through commission payments Fast Track Affiliates shall have the right to demand and obtain payment from the Affiliate.
- Should the Affiliate require more information regarding Fast Track Affiliates' Spam policy, please contact firstname.lastname@example.org. Should the Affiliate wish to report any incidences of Spam, please contact Fast Track Affiliates at email@example.com
- As an Affiliate, You will be responsible for promoting one or more of Our Merchants by implementing the marketing material and the unique tracking URL's (as provided by Us and designed to identify all Player traffic generated by You as having been directed to Us by You) on Your Websites, in Your e-mails and in all other communications with Customers/ Players.
- The objective of promoting the Online Gambling Operators, as described above, shall be to direct Players to the Online Gambling Operators, with Your special URL as the hyperlink thereto. By tagging Players in such a manner You will be 'claiming such Players as Your own.
It is wholly Your responsibility to ensure that all referred Players are properly tagged. If Your tag is improperly inserted into any marketing material or not properly received by the Merchant servers,
the resulting Player registration and purchases will not be assigned to You. Merchants reserve the right to refuse Players (or to close their accounts) if necessary to comply with any requirements they
may establish from time to time. In the event that any Players' account/s are suspended or closed by the Merchant and subsequently reactivated at a later stage, such Player/s will be reassigned to You and
You will be entitled to earn commission in accordance with the then prevailing Commissions applicable to Your account.
For the purposes of this Agreement, 'advantage' play and 'incentivised' Player traffic will not be included in determining any Commissions due to You. If You have any questions as to what constitutes 'advantage' or 'incentivised' play, You are urged to contact Your relationship manager.
- Any non-cash incentives or expenses involved in retaining Players may be deducted in our sole discretion from Your Commission. Examples of non-cash incentives may include, but not be limited to, gifts, travel and other expenses involving VIP hosts and the likes.
- The Casinos each have their own country restrictions. Please contact Contact@fasttrackaffiliates.com for more information.
- Affiliates will indemnify all employees of the site from any and all losses and/or damages resulting from a breach of this agreement. The affiliate also indemnifies Us and all other involved parties from all claims and liabilities including any legal fees which might occur from the following:
- Any violation of this agreement
- Any claim related to the affiliate's site
- Any breach of Affiliate's representations, warranties or covenants during the period of this, under this agreement.
- Affiliate's use (or misuse) of the marketing materials.
- All conduct and activities occurring under Affiliate's user ID and password.
- Any defamatory, libellous or illegal material contained within an Affiliate Site or Affiliate's information and data.
- Any claim or contention that an Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.
- Third party access or use of Affiliate Site or Affiliate's information and data.
- Any claim related to Affiliate an Site.
- Affiliates may not issue any unauthorised press releases with regards to the site without prior consent.
- Affiliates will not benefit from fraudulent traffic. We reserve the right to withhold any funds generated from fraudulent traffic.
- Affiliates are responsible for their sites/domains and all media appearing on their sites/domains. Affiliates will not advertise any marketing materials which link back to us on sites/domains which contain content which includes, but is not limited to: Sexually explicit content, graphic violence, content which explicitly targets minors, content that promotes discrimination of any kind, content of an illegal, harmful or libellous nature.
- The affiliate is only alloWed to have one affiliate membership account with each casino represented by Fast Track Affiliates. This account may be used with as many Websites/domains as the affiliate owns. Fast Track Affiliates reserves the right to allow multiple accounts per affiliate at their own discretion.
- All Real Money Account players at The Casinos are considered clients of Fast Track Affiliates only and any contact with them can only be done with written consent from Fast Track Affiliates.
- The affiliate guarantees and confirms that he/she has all the required documents such as licences, business permits and also permissions and will at all times comply with all the applicable rules/laws/regulations wich govern this agreement with Fast Track Affiliates.
- The affiliate agrees to advertise, market and promote the site in a way that does not violate any laws and is not harmful to the site in any way. The affiliate agrees to market, advertise and promote the site in a manner that is consistent with the overall style and presence of the site. Affiliates will be able to review and assess the marketing materials made available to them as Well as the overall style of advertising that is desired by the site.
- Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Fast Track Affiliates or the Affiliate, respectively, or any of Fast Track Affiliates' Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
- During the term of this Agreement, the Affiliate may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Fast Track Affiliates (including, for example, Commission earned by the Affiliate under Fast Track Affiliates). The Affiliate agrees to neither disclose nor allow unauthorized use of the Confidential Information by third persons or outside parties unless the Affiliate has Fast Track Affiliates' prior written consent and that the Affiliate will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. The Affiliate's obligations with respect to Confidential Information shall survive the termination of this Agreement. An Affiliate may not be a party (whether directly or indirectly) to any Fraudulent Activity.
- Within 3 (THREE) months after the termination of this Agreement, for whatever reason, the recipient of Confidential Information shall return same or at the discretion of the original owner thereof, destroy such Confidential Information, and shall not retain copies, samples or excerpts thereof.
- The Affiliate shall comply with any relevant data protection laws in the jurisdiction in which the Affiliate is domiciled and any jurisdictions in which the Affiliate operates.
- The Affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
- It is acknowledged that some jurisdictions in which Fast Track Affiliates operates have strict laws on money laundering that may impose an obligation upon Us to report the Affiliate to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which the Affiliate is directly or indirectly involved, amongst other things, involves funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of Fast Track Affiliates to facilitate criminal activity.
If Fast Track Affiliates has any knowledge or suspicion envisaged above it may:
- Immediately suspend, deregister or terminate the Affiliate's membership of Fast Track Affiliates.
- At Our absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission.
- Fast Track Affiliates reserves the right to report the Affiliate to the aforementioned federal or local authorities should Fast Track Affiliates, at its absolute discretion, determine that it is obliged, by law, to do so.
The term "Fraud" in reference to affiliate collusion is an attempt by an affiliate or group of affiliates to create fraudulent income with a coordinated effort. Collusion shall include, but is not limited
- Coordinated bonus abuse in an attempt to collect affiliate income
- Coordinated betting where such bets are made as an offset to collect commissions
- Continual charge backs by real money players with the intention of collecting commissions
- Offering affiliates and/or players financial incentives for the purpose of gaining a rebate from Your affiliate commissions.
- Duplicate affiliate and/or player accounts for the purpose of collusion
- Any other act which the Casinos may determine through detailed investigation as being used to generate fraudulent commissions.
- Rake-back schemes: Should You choose to offer so-called "rake-back schemes" or similar promotions which offer or allow a proportion of the players' rake to be returned to the player in any form, You will be banned from sending traffic to the Casinos unless otherwise authorised in writing by the Casinos. The Casinos shall have the right to deduct funds from any amount due to You as compensation for traffic deemed to have been referred through fraudulent means and Your account will be froze.
- Bonus code abuse: Bonus code abuse is strictly monitored and in the event that You use an unauthorised bonus code or promotional landing page which was not provided to You, expressly to use either directly in person or via the public affiliate creative library, You will be immediately dismissed from the Program and all commissions earned will be forfeited.
- The Affiliate is restricted to one Affiliate account only.
- The Affiliate shall not earn Commission on the Net Win of any Second-tier Affiliate if, in the case where the Affiliate is a juristic entity, the Second-tier Affiliate is the Affiliate's employee, director, shareholder or agent or, in the case where the Affiliate is a natural person, the Second-tier Affiliate is the Affiliate's employee, agent or immediate family member.
- The Affiliate shall not earn Commission on the Net Win on the Affiliate's own Customer Account nor on the Customer Account/s of the Affiliate's employees or immediate family members.
- If the Affiliate or the Affiliate's employees sign up as a Customer at one of Fast Track Affiliates' Websites, We shall have the right to terminate this Agreement.
- Please see the Commission Schedule which sets out the choice, selection, calculation and certain payment aspects of Commission, which Commission Schedule is specifically incorporated herein by reference.
- Fast Track Affiliates has and reserves the right to pass on any financial costs to the Affiliate's account that We may incur due to Fraudulent Activity by the Affiliate, the Affiliate's employees and/or Customers/Players whom the Affiliate, as Affiliate, have introduced to Fast Track Affiliates.
- Fast Track Affiliates will process the Commission earned by the Affiliate in the previous calendar month by the fifteenth working day of the following month. Fast Track Affiliates shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events or circumstances beyond its control.
- Payment shall be made by Fast Track Affiliates to the Affiliate by way of the method selected by the Affiliate on registration, but only in US Dollars.
- This Agreement can be terminated by Fast Track Affiliates at any time without notice should the Affiliate breach one or more of its obligations under this Agreement OR IF IT IS DETERMINED AT OUR SOLE DISCRETION THAT THE AFFILIATE'S SITE IS UNSUITABLE. Unsuitable sites are, inter alia, but not limited to, those sites that are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights, or are otherwise considered by Fast Track Affiliates to bring Fast Track Affiliates or its Merchants into disrepute or prejudice the interests of Fast Track Affiliates or its Merchants in any way. In the event that the Agreement is terminated in accordance with this section, the Affiliate will immediately cease to be entitled to receive Commission or any other amounts that would be otherwise payable by Fast Track Affiliates to the Affiliate.
- Fast Track Affiliates may also terminate this Agreement at any time without cause. The Affiliate may terminate this Agreement without cause on providing 30 days' notice to Fast Track Affiliates. Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
- Upon termination, all rights and licenses granted to the Affiliate in this Agreement shall immediately terminate. The Affiliate must immediately remove any reference to Fast Track Affiliates and Fast Track Affiliates' Websites, Brands or Products from its site and disable any links from its site to same. In particular, the Affiliate shall immediately remove access to any Derivative Website established by it.
- Upon termination for reasons other than those outlined at paragraph 12.1 above, the Affiliate shall continue to be entitled to receive Commission earned up to the time of termination plus any other amounts owing by Fast Track Affiliates to the Affiliate under this Agreement.
- Upon termination, Fast Track Affiliates may withhold the Affiliate's final payment for up to three months to ensure that the correct amount has been calculated and paid.
- If Fast Track Affiliates continues to permit activity (generation of revenue) from Customers directed by the Affiliate after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
- Upon termination, the Affiliate will return to Fast Track Affiliates any and all Confidential Information and/or Customer Information, including all copies in the Affiliate's possession, custody and control and will cease all uses of any of the Intellectual Property. The Affiliate will take immediate steps to transfer ownership to Fast Track Affiliates of each Derivative Domain Name established by the Affiliate, at OUR cost, not exceeding that incurred by the Affiliate on registering the Derivative Domain Name.
- Upon termination, the Affiliate, Fast Track Affiliates and our electronic cash provider, suppliers, contractors, agents, our directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate the Affiliate from any liability arising from any breach of this Agreement that occurred prior to termination.
- This Agreement can be terminated at any time by either party involved if a 30 day written notification is issued.
Upon Termination, the following steps must be applied immediately:
- All marketing materials and text links to Our site/s must be removed and We will disable Your Trackers.
- Any and all rights and licences given to You during the period of Your Agreement with Us will be terminated immediately.
- Affiliates must return any and all confidential information supplied to them and immediately stop using any of Our trademarked materials.
- Fast Track Affiliates reserves the right to withhold any and all commissions for up to 180 days to investigate any suspected fraudulent activity.
- Fast Track Affiliates recognizes that an Affiliate may wish to sell his/her its Affiliate business to a third party. We require an Affiliate to recognize and respect that the personal qualities, probity and background of our affiliates is vital to our decision to accept a person as an Affiliate of Fast Track Affiliates.
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:
- Give us no less than 30 (thirty) day's prior Written notice of such intention, simultaneously provide such details as We 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 Fast Track Affiliates, their Affiliate ID) and furnish us with an irrevocable consent and authority to pay the selling Affiliate's Commission, after the sale is completed, to the purchaser.
- Make the deed of sale subject to the suspensive condition that We approve such purchaser as an Affiliate of Fast Track Affiliates and that such intended purchaser shall, subject to our approval (at our sole discretion) join Fast Track Affiliates.
- If We reject the intended purchaser as an Affiliate of Fast Track Affiliates and the selling Affiliate nevertheless decides to proceed with the sale, Fast Track Affiliates shall terminate this Agreement insofar as it relates to the selling Affiliate, the business sold and/or the purchaser.
- In the event of an Affiliate's death, We shall require that the executor of the deceased Affiliate's estate (or similarly charged person) to furnish us with certified copies of their authority to act on the deceased Affiliate's estate's behalf, the deceased Affiliate's death certificate and proof of the deceased Affiliate's beneficiaries' identities.
The Affiliate hereby agrees that We shall be obliged to pay his/her estate and/or beneficiaries:
- Only once We have received the information required as stated above.
- Any sums that may have accrued to the deceased Affiliate as Commission prior to his/her death (or would otherwise accrue thereafter) for a period of 12 (tWelve) months after his/her death. The Affiliate hereby waives (on his/her behalf and on behalf of his/her estate, heirs, beneficiaries, successors or assigns) any rights that he/she (or they) may have to any further sums of money and/or Commission under this Agreement.
- The Affiliate and Fast Track Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship betWeen the Parties. The Affiliate shall have no authority to make or accept any offers or representations on our behalf. The Affiliate shall not make any statement, whether on the Affiliate's site or otherwise, that conflicts with this Clause.
- The Affiliate will not be treated as an employee with respect to any local statute, ordinance, rule, or regulation of any country whatsoever.
- The Affiliate shall not make any claims, representations, or warranties in connection with Fast Track Affiliates and the Affiliate shall have no authority to, and shall not, bind Fast Track Affiliates to any obligations outside of this Agreement, unless agreed to in writing by us.
The Affiliate shall defend, indemnify, and hold Fast Track Affiliates and its electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless
from and against any and all liabilities, losses, damages, and costs, including reasonable attorneys' fees, resulting from, arising out of, or in any way connected with:
- Any breach by the Affiliate of any warranty, representation, or agreement contained in this Agreement.
- The performance of the Affiliate's duties and obligations under this Agreement.
- The Affiliate's negligence.
- Any injury caused directly or indirectly by the Affiliate's negligent or intentional acts or omissions, or the unauthorized use of Fast Track Affiliates banners and links or this Affiliate Program.
- Further, the Affiliate will indemnify and hold Fast Track Affiliates harmless from all claims, damages, and expenses (including, and without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the Affiliate's site.
- Fast Track Affiliates makes no express or implied warranties or representations with respect to Fast Track Affiliates, Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Fast Track Affiliates makes no representation that the operation of its site (including service and tracking) will be uninterrupted or error-free. Fast Track Affiliates will not be liable for the consequences of any such interruptions or errors.
- We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Program, even if it has been advised of the possibility of such damages. Further, Fast Track Affiliates' aggregate liability arising with respect to this Agreement and Fast Track Affiliates shall not exceed the total Commission paid or payable by Fast Track Affiliates to the Affiliate under this Agreement. Fast Track Affiliates' obligations under this Agreement do not constitute personal obligations of its directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
- This Agreement will be governed by the laws of Curacao, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of its courts.
- Both Parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this Agreement.
- The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, ensure to the benefit of, and enforceable against the Affiliate and Fast Track Affiliates and the Affiliate's and Fast Track Affiliates' respective successors and assigns.
- Fast Track Affiliates' failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Fast Track Affiliates' right to subsequently enforce such provision or any other provision of this Agreement.
- Fast Track Affiliates' rights and remedies hereunder shall be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. The Affiliate acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as Well as at law or otherwise.
- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this 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 this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
- This agreement will stay in effect for so long as Fast Track Affiliates makes this service available, unless this Agreement is terminated prior thereto in accordance with the terms contained herein.
- We may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this Agreement or the Commission Schedule at any time and at our sole discretion, by posting a change notice or a new agreement on its site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral program rules.
- Any amendments, alterations, deletions, interlineations or additions to this Agreement or the Commission Schedule shall be effective immediately upon notice, which may be provided to the Affiliate via e-mail or by display on the Fast Track Affiliates Website. The Affiliate's use of the Fast Track Affiliates Website and/or continued marketing of our products after such Notice is given to the Affiliate will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement or Commission Schedule should this Agreement or the Commission Schedule be replaced in its/ their entirety. Be sure to review this Agreement and the Commission Schedule periodically to ensure familiarity with its most current version.
- NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT OR THE COMMISSION SCHEDULE BY THE AFFILIATE ARE PERMITTED OR WILL BE RECOGNIZED BY Fast Track Affiliates. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement or the Commission Schedule.
- Due to the nature of the Internet, it is not possible for Fast Track Affiliates to limit access to its Website to those jurisdictions in which it does business. Services and products described on our Website may therefore not be eligible for solicitation in Your jurisdiction. If You are accessing our Website from such jurisdiction, You should not consider anything on this site as an offer to sell or as a solicitation of an offer to buy any product or service from Fast Track Affiliates. This site is for use only by persons residing in jurisdictions where our products and services may legally be offered.
- Fast Track Affiliates DOES NOT tolerate spam of any kind.
- Please take note of the following: If any person(s) is revealed to have taken part in the dissemination of any form of Spam (sending unrequested bulk messages that are not in compliance with ICANN Spam Act) their account will be placed under investigation. While under examination, all commission due to such person(s) will be withheld. Pending the outcome of further investigation, Fast Track Affiliates maintains the right to preclude such person(s) from further involvement in Fast Track Affiliates Affiliate Program. In addition, if any expenses incurred by our clientele are shown to be clearly resultant from the encroachment of this policy (including legal fees) they will be withdrawn from any attributable account balance at the time of the offence. If the account balance is found to be deficient, all pending payments will be withheld until the expenses have been fully compensated.
- Should You require more information regarding our Anti-Spam Policy, or wish to report any incidences of Spam, please contact us at Contact@fasttrackaffiliates.com.
- You may only commence mailings to any person(s) once You have received their explicit and informed consent. This process must be opt-in; it must be acutely understood that all communications betWeen Yourself and a subscriber may only occur with mutual consent. No person(s) should ever have to terminate a subscription to a mailing list they did not intend to subscribe to.
- Once a person subscribes to Your mailing list, You must provide an easy method for termination of said subscription if they wish to do so. This method must be user-friendly, with easy-to-understand instructions for termination. Once a subscription has been voluntarily terminated, mailings to such persons must cease immediately.
- You must be certain that the content You are mailing to Your subscribers is in fact precisely what the subscriber requested. You must be sure that the recipients of Your mailing list have opted in to the category of mailing list You are sending them.
- You must proactively prevent the use of Your mailing list for abusive aims. There are many cases of mailing lists being acquired by third parties for means that are not genuine. Be certain that Your mailing list does not fall into the wrong hands.
- Mailing addresses that are found to be invalid or undeliverable for any reason must be immediately removed from mailing list. This ensures that Your impact on the specific networks and hosts of others is minimized.
- You must fully inform Your subscribers of the subject and frequency of Your mailings. Subscribers must be explicitly briefed on the subject matter of mailings and the estimated frequency at which these mailings will be sent. If You find You must change the frequency or size of Your mailings substantially, You must prior inform Your subscribers.
- If a person subscribes to one mailing list You may not automatically add them to additional lists without informed consent.
- Potential and existing subscribers to Your mailing lists must be fully aware of what their subscription entails. The terms and conditions of the use of their email addresses must be divulged to all potential and existing participants. This information must be easily viewable by subscribers and must include the following information: for what purposes potential/existing subscribers email addresses will be used, and whether or not these email addresses are subject to be sold or traded with third parties.
- Our system registers and logs all new players registering on our sites through Your Tracker. Once the account is officially opened and active, the account is permanently tagged with Your personalised Tracker and all activities will be registered and allocated to Your account until such a time that the account is disabled or this Agreement is terminated.
- The commission payment will only be made when the amount paid is equal to or more than the minimum amount of $100 for e-wallets and $300 for wire transfers . If the amount payable is less than $100, it will be held over until the next date of payment, or until the payment exceeds the minimum. Negative amounts will not be carried over.
- Fast Track Affiliates will provide a monthly statement if and when requested by an affiliate.
- fasttrackaffiliates.com reserves the right to void any commission earnings that were obtained as a result of hardware/software error, malfunction or miscalculation. In the event of any of the above occurring, fasttrackaffiliates.com will provide proof and/or relevant documentation of the adjustments made. fasttrackaffiliates.com reserves the right to delay payments/retract earnings/void payments in the event of any occurrences which might have skewed the commission earning amounts.
- Potential affiliates from all countries are invited to apply as affiliates of Fast Track Affiliates. HoWever, the compensation model in use by Fast Track Affiliates may attract potential fraudulent behavior and therefore We reserve the right to change the CPA to a Rev-Share model instead to protect the interests of both parties.
Appointment as an Affiliate
When a current affiliate refers another person who in turn also becomes an affiliate with us, this is called a 2-Tier Affiliate Model. Referring affiliates receive 5% of the Net Profit of all referred affiliates.
You are not alloWed to:
Grant and Nature of License
Upon activation of the Affiliate's account, and subject to this Agreement, particularly clause 5 hereunder, Fast Track Affiliates hereby grants to the Affiliate the License for the specified Term. For the sake of clarity, the Affiliate's use of the License is limited to:
Use of Intellectual Property and Marketing Material
Fast Track Affiliates' Obligations
Sale of Business: Death of Affiliate
Relationship of Parties
Indemnity, disclaimers and Limitation of Liability
E-Mail Marketing Guidelines
If You wish to legitimately market by email, We require that You strictly adhere to the following guidelines. These guidelines are in place to certify the quality of our marketing practices as Well as those of our affiliates.
You must abide by the following guidelines if You wish to be an affiliate:
Reports, Payments, Commission Structure
Please see the Commission Schedule for more information.