FORZAAFFILIATES.COM TERMS & CONDITIONS
VERSION 1.0 Dated: 07/09/22. This is an agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”) and www.forzaaffiliates.com operated by Playrotech LTD, registered address at Kallipoleos 15 avenue,Amaral 30, off.402, Zip Code, place: 1055, Nicosia, Cyprus (“Company”, “us”, “we” or “Affiliate Program”).
By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.
We may periodically make modifications to this Agreement. Affiliates will be emailed with any term changes. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
1.1. In this Agreement, the following terms, expressions and abbreviations shall have the following meanings, unless the contrary intention appears or the context requires otherwise: “Affiliate application form” shall mean the form or any other method of application made on or by way of the forzaaffiliates.com website completed by yourself whereby you have requested that you be accepted by us to join the forzaaffiliates.com program;
“Forzaaffiliates.com brands” shall mean www.apxbet.com, copagolbet.com, cirusbet.com, ozarkbet.com
“Affiliate website” shall mean your website or websites and shall include any website on which you display or intend to display links;
“Agreement” shall mean the forzaaffiliates.com program Terms and Conditions including any appendix or amendment attached hereto;
“Commission” shall mean the commission calculated on the basis of the commission structures on the net revenue or cpa;
“Commission structures” shall mean the formula for calculating commissions on the basis of net revenue or cpa;
“Confidential information” shall mean all confidential information or any other information that is not indicated as being confidential, but which is not publicly known and of whose confidential nature the receiving party is or should be aware of based on the circumstances, including but not limited to business and financial information, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of forzaaffiliates.com brands;
“Customers” shall mean all account holders with forzaffiliates.com brands who have originally signed up as new customers by accessing the site via the links of our affiliate website;
“Link” shall mean a hypertext link from the affiliate website to the forzaaffiliates.com brands;
“Net revenue” shall have the meaning stipulated in clause 7.3; “New customers” shall mean those customers of forzaaffiliates.com brands who do not yet have a account and who access the site via the links on the affiliate website and who properly register and make real money transfers at least equivalent to the minimum deposit into their account;
“Parties” mean the parties to this agreement; “forzaaffiliates.com program” shall mean the program whereby the affiliate will be paid a commission as defined under this agreement depending on the traffic generated to the forzaaffiliates.com brands subject to the Terms and Conditions of this agreement and to the applicable commission structure;
“forzaaffiliates.com intellectual property rights” shall mean all intellectual and industrial property rights owned by us of any kind, now or hereafter existing, including, without limitation patents, trademarks, service marks, rights in designs, trade names, present and future copyrights, utility models and design patents whether or not any of these are registered and including applications for any such right, matter or thing or registration thereof, trade secrets and rights of confidence, all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, as well as all documents, information and other records and data provided to the affiliate in the course of the performance of the agreement.
Third party royalty shall mean any royalty or revenue share which forzaaffiliates.com must pay to a third party in order to lawfully exploit any technology or other product used from time to time on the Forzaaffiliates.com brands site.
1.2. In this Agreement, except where the context requires otherwise: a) The singular includes the plural and vice versa; b) Headings are included for convenience only and shall not affect the interpretation of the Agreement
1.3. In case of any discrepancy between any translated versions of this agreement, the English version shall prevail.
3.1. You hereby warrant that:
a) You are of the legal age in the applicable jurisdiction to agree to and enter into the agreement;
b) You are competent and duly authorized to enter into binding agreements for the affiliate and the affiliate website;
c) You are the proprietor of all rights, licenses and permits to market, promote and advertise forzaaffiliates.com brands on the affiliate website in accordance with the provision of this agreement;
d) You shall comply with all applicable rules, laws and regulations in connection with the promotion of the forzaaffiliates.com brands; and
e) You have read carefully, and you fully understand and accept the Terms and Conditions of the agreement.
4.1. Forzaaffiliates.com hereby grants a non-exclusive, non-transferable, terminable license to use the links on the affiliate website solely to promote and refer players to Forzaaffiliates.com brands in accordance with the Terms and Conditions of this Agreement.
4.2. All intellectual property rights in the links belong to forzaaffiliates.com. All intellectual property rights in any third party materials shall belong to the third party owner thereof.
4.3. Nothing in this agreement grants a license or provides any warranty or offers any indemnity in respect of any data that is not owned by forzaaffiliates.com.
4.4. Either party shall notify the other party immediately if any claim or demand is made or action brought against it for any infringement or alleged infringement of any intellectual property rights which may affect the supply or use of the links.
4.5. Nothing contained in this agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights of the other Party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party or of any company within the group of companies of the other party. Provided also that neither of the parties will register nor attempt to register any mark which is basically similar to and/or confusingly similar to any mark which belongs to the other party or to any company contained within the other party’s group of companies.
5.1. Forzaaffiliates.com shall provide you with all information and relevant marketing material necessary for successful partnership.
5.2. Forzaaffiliates.com shall display the total amount of commission earned via the link, record the clicks, registration, provide the affiliate with commission statistics, and handle all customer services related to the business.
5.3. Forzaaffiliates.com shall pay the affiliate the amount due depending on the net commissions subject to the Terms and Conditions of this agreement.
6.1 The Affiliate shall, at its sole cost, actively advertise and promote the Affiliate Site, and any updates thereto, in an effective manner to optimize the generation of Customer traffic to the Property Site and the generation of revenues therefrom.
6.2 The Affiliate shall adhere to the security guidelines and requirements of the Company from Commencement Date until the date of effective termination of the Agreement.
6.3 The Affiliate shall operate under its own name and is solely responsible for the development, operation and maintenance of the Affiliate Site/s as well as for all content and material appearing on the Affiliate Site/s.
6.4 All of the content of the Affiliate Site/s and the Affiliate’s marketing activities shall be conducted in a professional, proper, and lawful manner under all applicable laws, and in accordance with the terms of this Agreement and Good Industry Practice.
6.5 Affiliate is an independent data controller solely responsible for its own actions toward its customers. Therefore, Affiliate will have to comply with all applicable data privacy laws toward its customers. If sending any direct marketing communications to individuals (including but not limited to email, SMS and/or push notifications) which (i) include any of the Company or Group Company’s Intellectual Property Rights; or (ii) otherwise intend to promote the Property Sites, Affiliate must first obtain written permission to send such direct marketing communications from the Company. If such permission is granted by the Company, the Affiliate shall ensure that it has obtained each and every recipient Customer’s explicit consent to receive marketing communications and that such individuals have not opted out of receiving such communication. Marketing communications shall contain appropriate means for the recipient Customer to unsubscribe from future marketing communications. The Affiliate shall also make it clear, so that no confusion is caused (in regard to the sender of such communication) to the recipient Customer that all marketing communications are sent from Affiliate and are not from the Company or a Group Company. For the avoidance of doubt, should Affiliate choose to engage any third parties in connection with the provision of such direct marketing communications, it shall be responsible for ensuring such third parties comply with the requirements of this clause 6.5.
6.6 The Affiliate may not purchase or register keywords, search terms, or other identifiers for use in any search engine, portal, sponsored advertising service, or other search or referral service which are identical or similar to any of the Company’s Intellectual Property Rights or include metatags on the Affiliate Sites which are identical or similar to any of the Company’s Intellectual Property Rights. The Affiliate may use or purchase any of the terms or services referred to above in this clause only after
obtaining the prior approval in writing from the Company.
6.7 The Affiliate may not use any framing techniques or technology on the Property Site/s, nor encourage any third party to do so.
6.8 The Affiliate shall not be under eighteen (18) years of age; and the Affiliate is obliged to provide
the Company a certified copy of his or her passport or other identification document, also indicating his date of birth, upon request.
6.9 The Affiliate agrees that traffic to the Property Site/s will not be generated by illicit or fraudulent activities, for example by (but not limited to) sending spam or registering as a player or making deposits directly or indirectly to any player account through the Affiliates tracker(s) for its own personal use and/or the use of its relatives, friends, employees, or other third parties, or in any other way attempt to artificially increase the commission payable or to in any other way defraud the Company. Violation of this provision of the Agreement shall be considered to be illicit and/or fraudulent and a material breach of this Agreement.
6.10 The Affiliate shall be prohibited from performing or allowing the performance of any action which is libelous, obscene, discriminatory, or otherwise unlawful or unsuitable, or which contains sexually explicit, pornographic, obscene or graphically violent materials. The Affiliate Site/s shall further not use the Company’s Intellectual Property in any way that may potentially harm the Company, its assets, its goodwill, reputation or branding. It is of utmost importance that the Affiliate Site/s reflect positively upon the reputation of the Property Site/s.
6.11 The Affiliate agrees to ensure that Affiliate Sites are not presented in such a way as to give rise to confusion with respect to the Company or the Property Site/s or the Company’s Intellectual Property Rights.
6.12 The Affiliate may not use the Property Site/s or other terms, trademarks, and other Intellectual Property Rights that are vested in the Company unless it has been provided to the Affiliate for that purpose by the Company, or the Company explicitly consents to such use in writing.
6.13 The Affiliate shall not engage in spamming and must at all times practice proper “Netiquette”, this includes (but is not limited to) sending unsolicited emails or SMS messages.
7.1. Forzaaffiliates.com agrees to pay you a lifetime player commission or one time payment calculated in accordance with the commission structures displayed on forzaaffiliates.com or individually agreed with forza affiliates affiliate managers. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.
7.2. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement.
7.3 In case of partnership on Hybrid and CPA basis there are several terms that should be taken into account: Negative Revenue Share will be deducted from CPA part of the commission. This stipulation takes effect unless otherwise agreed with the affiliate manager beforehand.
7.4 Duplicate accounts and self-excluded players will be deducted from CPA part of the Commission. This stipulation takes effect unless an alternative was discussed with the affiliate manager beforehand.
7.5 In cases certain CAP was negotiated with a partner commission will be paid only for the negotiated number of FTDs. The initial test cap is paid, if an Affiliate is able to generate at least 10 FTDs (for any brand) facing all discussed requirements. If not, we reserve a right not to proceed the withdrawal up until the requirements discussed beforehand are fulfilled.
7.6. Forzaaffiliates.com does carry over negative commission, with exception if NNCO is individually agreed with forzaaffiliates affiliate managers . In such a case that the affiliate is on NNCO agreement ,the negative balance from amounts will be written off. Excluded from the NNCO plan are individual players who won more than 5,000 EURO in a single month. These players will be placed in quarantine.
7.7. Net revenues shall mean all gross monies received by forzaaffiliates.com from customers referred to forzaaffiliates.com brands less all of the following: (a) monies paid out to customers as winnings; (b) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) or other statutory deductions or payments to licensing authorities; (c) administration fee (25%);(d) charges levied by electronic payment or credit card organizations; (e) bad debts; (f) monies attributed to fraud; (g) returned stakes; (h) provisions for transactions which are reversed by instruction from the card-holder’s bank (commonly referred to as charge-backs); (i) any monies received from customers who bet with forzaaffiliates.com brands via a platform owned or operated by a third party; (j) the cost of ‘free bets’ or ‘free chips’ provided to customers as a promotional or marketing activity; and (k) any third party royalties which forzaaffiliates.com brands must pay.
7.8. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure
8.1. The commission is calculated at the end of each month and payments shall be made once invoice is submitted by the affiliate. Forzaaffiliates.com has no minimum threshold policy (the “minimum threshold”).
The Commission is calculated at the end of each month and payments shall be made on a monthly basis upon submitting an invoice to [email protected]. Please note that our invoice details are as follows below: Name: Playrotech Limited Address: Kallipoleos 15 Avenue, Amaral 30, Off.402, ZIP Code 1055, Nicosia, Cyprus
Available payment methods.
All payments made shall be made in EURO (€) or in any other currency as may be specified by forzaaffiliates.com.
8.2. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within fourteen (14) calendar days and clearly state reasons for the disagreement. Failure to notify the Company within this time limit shall be considered as an irrevocable acknowledgment of the balance due for the relevant period.
8.3. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate
8.4. Without prejudice to clause 7.4, acceptance of payment made by you shall be deemed to be full and final settlement of the balance due for the period indicated
8.5. If you disagree with the balance due as reported, you shall, within a period of thirty (30) days, send an email to [email protected] and indicate the reasons for such disagreement. Failure to send an email within the prescribed time limit shall be deemed an irrevocable acknowledgment of the balance due for the respective period.
8.6. Notwithstanding any other clause in this Agreement, forzaaffiliates.com may delay payment of any balance to you for any calendar month up to one hundred and eighty (180) days, while it has reasonable suspicion that the relevant transactions do not comply with the provisions of these Terms and Conditions.
8..7. No payment shall be due when the traffic generated is illegal or if you are otherwise in breach of these Terms and Conditions.
8.8. You hereby agree to return all commissions received based on fraudulent or falsified transactions or on transactions which are in breach of these Terms and Conditions, plus all costs for legal causes or actions that may be fully brought against forzaaffiliates.com or forzaaffiiates brands.
8.9. You shall be exclusively responsible for the payment of all taxes, levies, fees, charges, and any other money payable or due both locally and abroad (if any) to any tax authority, department, or other competent entity because of the revenue generated by yourself under this agreement. Forzaaffiliates.com shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by you in this regard.
9.1. This agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
9.2. Forzaaffiliates.com may terminate this agreement immediately in the event that the affiliate: a) Breaches any of the terms of this agreement;
b) Is unable to pay its debts as they fall due with its creditors or becomes subject to an administration order or goes into liquidation or winding up or is made subject to a bankruptcy order;
c) In the opinion of forzaaffiliates.com, is in breach of any applicable law or regulations; or
9.3. You hereby agree that on termination of the agreement:
a) You will remove all links and/or references to forzaaffiliates.com brands sites from the affiliate website(s) and/or other marketing channel and communications, irrespective of whether the
communications are commercial or otherwise;
b) All rights and licenses granted to you under this agreement shall immediately terminate and all rights shall revert to the respective licensors, and you will cease the use of any intellectual property rights; and
c) You will be entitled only to those earned and unpaid commissions as of the effective date of termination provided that forzaaffiliates.com may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
9.4. If this agreement is terminated by forzaaffiliates.com for any of the reasons specified in clause
9.5. forzaaffiliates.com shall be entitled to withhold any unpaid commissions even if arising prior to the termination date as security for any claim arising from such breach. For the sake of clarity, the parties specifically agree that upon termination of this agreement by either party, you shall no longer be entitled to receive any payment whatsoever from forzaaffiliates.com.
9.6. Immediately upon termination, you shall return to forzaaffiliates.com any and all confidential information (and all copies and derivations thereof) in your possession, custody or control.
9.7. Termination will not relieve you from any liability arising from any breach of this agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of the agreement.
10.1. Forzaaffiliates.com makes no representation that any of its services including the forzaaffiliates.com brands shall be uninterrupted or error free and, to the full extent permissible at law, forzaaffiliates.com shall not be liable for the consequences of such interruptions or errors.
10.2. You acknowledge and accept that links and the affiliate program are provided “as is” without warranties of any kind, whether express or implied.
10.3. All conditions, warranties, terms, and undertakings whether express or implied, statutory, or otherwise relating to the delivery, performance, quality, accuracy, fitness for purpose, occurrence or reliability of the links or the affiliate program are hereby excluded to the fullest extent permitted by law.
10.4. Clause 9 shall survive the termination of this Agreement.
11.1. You agree to defend, indemnify, and hold forzaaffiliates.com, and Playrotech LTD, and its affiliates, parents, sisters and other group companies, successors, officers, employees, agents, directors, shareholders, and attorneys, free and harmless from and against all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
a) Any breach of your representations, warranties, or covenants under this agreement;
b) Your use (or misuse) of the marketing materials;
c) All conduct and activities occurring under your username and password;
d) Any defamatory, libelous, or illegal material contained within the affiliate website or your information and data;
e) Any claim or contention that the affiliate website or the 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;
f) Third party access or use of affiliate website or affiliate’s information and data;
g) Any claim related to affiliate website; or h) Any violation of this agreement.
11.2. Forzaaffiliates.com reserves the right to participate, at its own expense in the defense of any matter.
11.3. Clause 10 shall survive the termination of this agreement.
12.1. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
12.2. We make no express or implied warranties or representations with respect to the Affiliate Program, or any products or other items sold through the Affiliate Program (including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
12.3. Clause 11 shall survive the termination of this agreement.
14.1. Except as otherwise provided in this agreement, each party shall keep all confidential information of the other party in confidence and use such information only for the purpose of the agreement. Confidential information must not be used for your own commercial or other purposes or divulged to any person or third party neither directly nor indirectly unless the prior explicit and written consent of forzaaffiliates.com has been obtained.
14.2. The parties shall together determine the content of any communications concerning the relationship between the parties. Such communications shall be issued at a time and a manner agreed by the parties.
14.3. You warrant that you will comply with the provisions of applicable data protection legislation.
14.4. Clause 13 shall survive the termination of this agreement.
15.1. Neither party shall be liable to the other for any delay or failure to perform its obligations under this agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes, or other casualty.
15.2. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the agreement by providing notice to the other party.
15.3. Neither party shall be liable to the other in respect of an event of Force Majeure provided that each Party shall take all reasonable steps to minimize the effects of Force Majeure on the performance of its obligations under this agreement.
16.1. Forzaaffiliates.com reserves the right to amend, alter, delete, or add to any of the provisions of this agreement, at any time and at its sole discretion, without giving you any advance notice subject to the Terms and Conditions set out in this agreement. Any such changes will be posted on the forzaaffiliates.com site.
19.1. Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law.
19.2. 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.
19.3. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.