Olympic-Online is in the business of producing, marketing and promoting online gaming services (the "Service"), which are accessed on the Internet through the use of a personal computer, modem and/or direct Internet access.
The Referral Company or person ("Referral Company") desires to obtain from olympic-online.com to grant the Referral Company, the non-exclusive right and license to advertise, market and promote the Service and the Olympic-Online Affiliate Program. Olympic-Online shall reimburse the Referral Company for these promotional services in accordance with the following terms and conditions:
1. Grant of Promotion and Distribution License
1.1. Olympic-Online grants the Referral Company the non-exclusive, non-transferable right and license to advertise, market and promote the Service ("Promotion Rights") in accordance with the terms and conditions hereof. All other rights and licenses not expressly granted to the Referral Company herein are reserved by Olympic-Online.
2. Obligations of Olympic-Online
2.1. Olympic-Online shall retain the right to provide the Service and operate its Affiliate Program in any form Olympic-Online deems appropriate; and retains the right to change any part of the Service, at any time and in any manner Olympic-Online deems appropriate, and make alterations to its Affiliate Program without prior notice to the Referral Company. However, any strategic change of policy towards the Referral Company, such as the cancellation of any part of the Service at any time, shall be made with prior notice to the Referral Company.
2.2. Olympic-Online shall retain the right to cancel any part of the Service or alter and/or close its Affiliate Program at any time and in any manner Olympic-Online deems appropriate. However, should Olympic-Online wish to cancel any Promotion Rights because of any failure or breach of these Terms and Conditions on behalf of the Referral Company, Olympic-Online shall give the Referral Company notice of this fact in order to give the Referral Company the opportunity to make desired modifications. Cancellation shall be effective seven (7) days after notice of cancellation to the Referral Company unless the desired modifications have been made and/or other terms have been agreed upon within this seven-day period.
2.3. Notwithstanding the terms of these Terms and Conditions, Olympic-Online shall not be held responsible or liable for any loss of income, or loss of the ability to produce income, incurred by the Referral Company; even if such losses should arise from the inability of Olympic-Online to deliver the Service and/or operate its Affiliate Program as stipulated in these Terms and Conditions for any reason whatsoever, whether Olympic-Online is at fault or whether a third party is at fault.
3. Obligations of The Referral Company
3.1. The Referral Company shall use its best efforts to actively and effectively advertise, market and promote the Service and, optionally, the Olympic-Online Affiliate Program as widely as possible so as to maximize the benefit to the Referral Company and to Olympic-Online.
3.2 The referral company shall make everything so players would be as active players in Olympic-Online (simple login once in a while does not count). If player who have came to Olympic-Online through referral company are inactive for 6 months then Olympic-Online have rights to move player from referral company advertiser to default Olympic-Online advertiser.
3.3. The Referral Company shall engage only in advertising, marketing and promotional efforts which do not violate any law, and which reflect positively upon the business reputation of Olympic-Online. In particular, the Referral Company agrees to market the Service and, optionally, the Olympic-Online Affiliate Program in a manner that is consistent with the content and style of the Service. In connection therewith, Olympic-Online shall have the right to review and approve the manner and methods of advertising, marketing and promotion used by the Referral Company in connection with the Service and the Olympic-Online Affiliate Program. Approval shall not be unreasonably withheld.
3.4. Approval may be withheld if Olympic-Online determines, in its sole discretion, that the activities of the Referral Company would tend to impair or reduce the value of the goodwill and business reputation of Olympic-Online and/or would expose Olympic-Online to legal liability.
3.5. Notwithstanding the approval by Olympic-Online given in accordance with section 3.2 of these Terms and Conditions, Olympic-Online shall under no circumstances be held liable for--and the Referral Company shall indemnify, defend and hold Olympic-Online harmless against--any and all claims asserted against Olympic-Online by reason of the Referral Company's marketing and promotional efforts.
The Referral Company shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of the Service and/or the Olympic-Online Affiliate Program; including without limitation, all costs directly related to marketing.
4. Compensation
4.1. As used herein, the Referral Company's compensation ("Referral Percentage") shall be defined as the compensation due to the “Referral Company”, based on (1) a percentage of actual monthly net revenue ("Net Gaming") generated by the customers ("Users"), who have been identified as having utilized the Service as a result of having first been referred to the Service by the “Referral Company”. Monthly "Net Gaming" is calculated as “negative carry over” method which means that if referred casino players are always winning then the “Referral Company” does not earn any profit until referred customers sum of all losses are positive and they earn profit to Referral Company and Olympic-Online. “Referral Company” can have also specific deal only in Casino and/or Poker.
The “Referral Company” who refers others to join the Olympic-Online Affiliate Program shall be defined as the "Sub-affiliate." The Olympic-Online Affiliate Program allows the Referral Company, in the capacity of acting as a "Sub-affiliate," to earn compensation based on a percentage of the commission earned by each “Sub-affiliate” on no more than two (2). All “Sub-affiliates” demands shall be confirmed first off all by the Olympic-Online who agrees if specific “Referral Company” can have “Sub-affiliate” or not.
The actual Referral Percentage shall be equal to:
(1) 10%-30% of net monthly revenue ("Net Gaming") affiliate deal is offered only by the Olympic-Online to specific Affiliate partners after the “Referral Company” have completed Olympic-Online demands to proof their profitability and serious interest of partnership. After the “Referral Company” is signed as 10% - 30% affiliate partner the percentage will not change first 6 months, after first 6 months the results will be re-checked. In case of the specific affiliate percentage deal 10% - 30% the average profit made between these 6 months are at least 1000 USD (30% deal); 700 USD (20% deal); 500 USD (11% - 19% deal) in one month then the “Referral Company” will keep this specific “Referral Percentage” otherwise the “Referral Company” will drop level(s) accordingly to the specific average monthly earnings. “Referral Company´s” profits are re-checked over 6 month constantly.
(2) Default Affiliate deal: 10% of the monthly Net Gaming-based commission sums earned by the Referral Company. Default affiliate partner deal includes: 10% profit of Casino; 10% profit of Poker and 10% profit from Poker side games which were made through clients who were referred by the “Referral Company”. No “Sub-affiliates” are allowed on default affiliate deal.
The formula used to calculate Net Gaming is as follows:
[(Poker rakes amount + Poker tournament fees amount – Poker bonuses amount) * Poker coefficient] + [(Bingo bets amount – Bingo wins amount – Bingo Bonus) * Bingo coefficient] + [(Bets amount - Wins amount – (Casino bonuses amount – Removed casino bonuses amount)) * Casino coefficient] - (Comps amount + Credits amount + Chargeback amount + Returns amount) + (Credit reverse amount + Chargeback reverse amount + Return reverse amount) |
4.2. Olympic-Online shall, upon the request of the Referral Company, pay the Referral Company each month for services rendered during and/or before the preceding calendar month. Payments that have been requested and approved shall be made prior to the end of the each month by making the funds payable to the Referral Company. If the total payable amount of compensation to the Referral Company in any given month is less than USD 100, the amount shall be made payable a succeeding month, when the accumulated amount is greater than or equal to USD 100.
4.2.2. Before receiving money from Olympic-Online the “Referral Company” clients have to make altogether at least 20 unique deposits and earn individually at least $10 of rake. After completing these two conditions you will start receiving money from Olympic-Online (the first payment also includes the profit made on fulfilling the two conditions described above).
4.2.3. All Estonian, Finland, Latvia and Lithuania “Referral Companies” will have only opportunity to participate in Olympic-Online Affiliate program with default deal otherwise with only Olympic-Online written permission.
4.3. Olympic-Online shall have the right to withhold any and all payments to the Referral Company if the Referral Company is in breach of these Terms and Conditions.
5. Term of Duration and Cancellation
5.1. Olympic-Online has the right to cancel Promotion Rights with immediate effect if the Referral Company is in material breach of these Terms and Conditions. Such breach includes, but is not limited to, situations when the Referral Company engages in advertising, marketing, distribution and promotional efforts that would impair the goodwill and business reputation of Olympic-Online or would expose Olympic-Online to legal liability.
5.2. Upon the cancellation of Promotion Rights, the Referral Company shall immediately return to Olympic-Online any and all materials, over which Olympic-Online has a proprietary right, that are in the Referral Company's possession and/or in the possession of the Referral Company's agents, servants and employees. The Referral Company shall also immediately remove any hyperlinks and materials, over which Olympic-Online has a proprietary right, from the Referral Company's web site and/or the web sites of the Referral Company's agents.
5.3. If Promotion Rights are canceled, and the Referral Company is not allowed to promote any Olympic-Online product.
5.4. Users that utilize the facilities and services of Olympic-Online and all information relating to such Users, shall remain the property of Olympic-Online at all times.
6. Account Statements
6.1. All payments due to the Referral Company shall be made before the end of the month and will reflect payment for services rendered during and/or before the preceding month. Payment shall be accompanied by a written statement that specifies the calculation of the sum to be paid to the Referral Company based on the terms defined in Section 4. In addition, statements may be adjusted by Olympic-Online from time to time to reflect overpayments, customer chargebacks and/or credits or underpayments to customers by Olympic-Online
6.2. The Referral Company shall have the ability to monitor the Referral Percentage and payments in real time on a secure web site through the use of an online monitoring system.
7. Exclusivity, Non-Competition and Ownership of Service name
7.1. The Referral Company agrees, understands and acknowledges that Olympic-Online may enter into agreements of this type with third parties to promote the Service or a similar version thereof.
7.2. The Referral Company has not paid for the use of the trademarks, logos, copyrights, trade names or designations belonging to Olympic-Online, and nothing contained in these Terms and Conditions shall give the Referral Company any right to, title to or interest in any of them.
7.3. The Referral Company acknowledges that Olympic-Online owns and retains all copyrights and other proprietary rights, as well as any software supplied by Olympic-Online, in all of the foregoing. The Referral Company shall not assert any claim or interest in any trademark, trade name, copyright, service mark or logo belonging or licensed to Olympic-Online, or do anything to adversely affect their validity or enforceability. This includes any act or assistance in any act that may infringe upon, or lead to the infringement of, any software copyright.
7.4. Without limiting the generality of the foregoing terms, the Referral Company shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority without the express, unequivocal and unambiguous prior written consent of Olympic-Online. The Referral Company shall not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Referral Company's name or any name under which the Referral Company conducts business. The Referral Company shall not affix a trademark, logo or trade name of Olympic-Online to any non-Olympic-Online product. The Referral Company shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by Olympic-Online.
8. Confidentiality and Non-Disclosure
The Referral Company and Olympic-Online each agree that each may have access to, and become acquainted with, confidential information of the other. The Referral Company and Olympic-Online each specifically agree not to misuse, misappropriate or disclose any such confidential information, directly or indirectly, to any third party.
9. Representations, Warranties and Indemnity
9.1. The Referral Company warrants, represents and covenants to Olympic-Online that that it has all necessary rights, licenses, permissions and business permits; and will comply with all applicable laws, rules and regulations in connection with promoting the Service and/or the Olympic-Online Affiliate Program to Users and others.
9.2. The Referral Company agrees to indemnify and render Olympic-Online harmless against claims, liabilities, causes of action, damages, judgments, costs and expenses arising out of, or in any way connected with, any breach or alleged breach by the Referral Company of any representation, warranty or agreement contained in this Section 9 or elsewhere in these Terms and Conditions.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia.
