Terms & Conditions
By completing the Affiliate Application to Mr Ringo Affiliate Program (the "Affiliate Program") and clicking "I Accept" on the form, you (hereinafter the "Affiliate") hereby agree to abide by all the terms and conditions set out in this Agreement.
Mr Ringo 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 any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Your continued (i) participation in the Program, (ii) use of the Mr Ringo Affiliate website and/or Mr Ringo Marketing Tools (as hereafter defined), or (iii) acceptance of any Affiliate commissions from Mr Ringo confirms your irrevocable acceptance of this Agreement (and any modifications thereto), subject to your continued compliance with the terms and conditions of this Agreement.
An Agreement entered into between Mr Ringo, a website operated by Star World Ltd.., a company registered under number C 65785 in the Registrar of Companies in Malta and licensed by the Government of Curacao with e-Gaming license number 1668/JAZ, hereinafter referred to as "the Company" and the undersigned Affiliate, hereinafter referred to as "the Affiliate".
Effective on the date the online Affiliate Registration Form is approved by Star World Ltd..
Purpose
1.1 The Company is a leading online gaming company, licensed by the Government of Curacao and offers sports betting, poker and casino games, through its website www.mrringo.com.
1.2 The Affiliate maintains and operates one or more websites on the Internet (hereinafter collectively referred to as "the Website").
1.3 This Agreement governs the terms and conditions relating to the promotion by the Affiliate of the Company's Website, hereinafter referred to as "Mr Ringo", whereby the Affiliate will be paid a commission depending on the traffic generated to Mr Ringo subject to the terms and conditions of this Agreement.
Acceptance of Affiliate
2.1 The Company shall evaluate the Affiliate Membership Form hereby submitted and shall inform the Applicant in writing whether the Membership Form is accepted or not. Star World Ltd. reserves the right to refuse the application for any reason.
Qualifying Conditions
3.1 The Applicant/Affiliate hereby warrants that:
a) He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.
b) He/She is competent and duly authorized to enter into binding Agreements for the Affiliate and/or the Website.
c) He/She is the proprietor of all rights, licenses and permits to market, promote and advertise Mr Ringo in accordance with the provision of this Agreement.
d) He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of Mr Ringo.
e) He/She fully understands and accepts the terms and conditions of the Agreement.
f) He/She is not already registered as an Affiliate in Mr Ringo Affiliate program.
Responsibilities and Obligations of the Company
4.1 The Company shall provide the Affiliate with all information necessary and marketing material for the proper implementation of the tracking link.
4.2 The Company shall administrate the turnover generated via the links, record the net revenues and the total amount of commission earned via the link, provide the contracting party with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
4.3 The Company shall pay the Affiliate the amount due depending on the traffic and or revenue generated subject to the terms and conditions of this Agreement.
4.4 The Company may refuse any player or close a player's account if it is necessary to comply with the Company's Policy and/or protect the interest of the Company.
Responsibilities and Obligations of the Affiliate
5.1 The Affiliate hereby warrants and undertakes:
a) To use its best efforts to actively and effectively advertise, market and promote Mr Ringo as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online.
b) To market and refer potential players to Mr Ringo at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate's marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.
c) To use only a link provided within the scope of the partner programme, otherwise no warranty whatsoever can be assumed for proper registration and revenue accounting. He also warrants and undertakes not to change or modify in any way any link or marketing material without prior written authorization from the Company.
d) To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
5.2 The Affiliate hereby warrants:
a) That it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
b) That it will not actively target any person who is under the legal age for gambling.
c) That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.
d) That it will not generate traffic to Mr Ringo by illegal or fraudulent activity, particularly but not limited to by:
1. Sending spam.
2. Incorrect metatags.
3. Registering as a player or make deposits directly or indirectly to any player account through his tracking links for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company.
Violation of this provision shall be deemed to be fraud.
e) That it will not present the Website in such a way that it might evoke any risk of confusion with Mr Ringo and/or the Company or convey the impression that the web site of the contracting party partly or fully originated with Mr Ringo and/or the Company.
f) Without prejudice to the Marketing Material as may be forwarded by the Company and/or made available online through the website http://affiliates.mrringo.com The Affiliate may not use Mr Ringo or other terms, trademarks and other intellectual property rights that are vested in the Company unless the Company consents to such use in writing.
g) That he/she does not act as player in Mr Ringo, generating Turnover from which he/she claims commissions.
Payment
6.1 Mr Ringo agrees to pay the Affiliate a commission calculated on the net revenue generated from new customers referred by the Affiliate Website. The net revenue shall be calculated on the following formula:
[Sportsbook Example]
Money Wagered - Player Winnings - Tax – Payment Charges – Bad Debts – Returned Stakes/Amounts – License Fees – Customer Incentives
The commission shall be a percentage of the net revenue in accordance with what is set out in the Commission Plan, displayed on the Affiliate Program Website.
Money wagered is the real money sums wagered by new customers and do not include any wagers that are subsequently voided, wagers that are not paid for (chargeback’s) or wagers made related to Customer Financial Incentives (e.g. bonus sums).
New customers are those customers of the Company who do not yet have a betting account and who access the website via the link placed on the Affiliate’s website(s) and who properly registers and makes real money transfers to their betting account.]
6.2 The commission is calculated at the end of each month and payment requests shall be performed by the [1st - 7th] of each calendar month, provided that the amount due exceeds [€50] ('Minimum Threshold'). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when it exceeds the Minimum Threshold. Payments shall be made approximately 15 to 20 calendar days upon payment request and given that commissions have been calculated.
6.3 In the calculation of Net Revenue, when a New Depositor account results in a negative balance for the Affiliate, due to New Depositor winnings and/or bonuses etc, the said balance will not be carried over to the next month. Any negative Net Revenue will be set to zero at the beginning of each month.
Bonus cost share: Affiliate will also be charged the 25% of the bonus that his players take. This means that if a player has received 100EUR bonus, the 25% (25EUR) will be deducted by the affiliate’s net revenue.
*Figures shown in the bonus section represent 25% of the total bonus cost.
i.e: if a partner has 100 EUR bonus cost in total, he will see 25 EUR allocated in his affiliate account.
**Bonus cost is deducted based on the assigned product, that the partner has revenue share commissions.
i.e: if a partner has only Sportsbook commission, then only SB bonus cost will be deducted from his monthly commissions.
***Sportsbook bonus data are shown in the Casino section (due to system/backoffice functionality). Calculations are processed according to relevant affiliate models and any adjustments will be done on a monthly basis, if deemed necessary.
Note: If a partner has only Sportsbook commission he will also have 0% commission for Casino product in his affiliate model, in order to be able to monitor his users' SB bonuses.
6.4 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
6.5 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the Balance due for the period indicated.
6.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company on and indicate the reasons of such dispute.
Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the Balance due for the period indicated.
6.7 Mr Ringo may delay payment of any Balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
6.8 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.
6.9 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
6.10 Partners that use Skrill/Moneybookers as a method for their commissions' payment will be charged for the transaction fees (2%). Therefore the partner will finally receive his commission decreased by 2%. i.e if a partner is being paid 3.000EUR then the final amount that he will receive using Skrill will be 2.940EUR. This applies to all models of cooperation (flat fee, RS or mixed partners). This change applies for January 2015 commission/fees and on.
Termination
7.1 This Agreement may be terminated by either party by giving written notification to the other party. Written notification may be given by an email.
7.2 The Contracting Parties hereby agree that on termination of this Agreement:
a. The Affiliate must remove all references to Mr Ringo from the Affiliate's websites and communications, irrespective of whether the communications are commercial or otherwise.
b. All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
c. The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, Mr Ringo may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
d. If this Agreement is terminated by the Company on the basis of an Affiliate's breach, the Company shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.
e. The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
f. The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
Warranties
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its risk and that this Referral Program is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
8.2 The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of Mr Ringo website or the Affiliate Program.
Indemnification
9.1 The Affiliate agrees to defend, indemnify and hold Mr Ringo and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
a) Any breach of Affiliate's representations, warranties or covenants under this Agreement.
b) Affiliate's use (or misuse) of the marketing materials.
c) All conduct and activities occurring under Affiliate's user ID and password.
d) Any defamatory, libellous or illegal material contained within Affiliate Site or Affiliate's information and data.
e) Any claim or contention that 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.
f) Third party access or use of Affiliate Site or Affiliate's information and data.
g) Any claim related to Affiliate Site.
h) Any violation of this Agreement.
9.2 Mr Ringo reserves the right to participate, at its own expense in the defence of any matter.
Governing Law & Jurisdictions.
10.1 This Agreement shall be governed by the laws of Curacao and any action relating to this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of its courts.
Assignment
11.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of Mr Ringo.
Non-Waiver.
12.1 The Company's failure to enforce the Affiliate's adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of Mr Ringo to enforce said terms at any time.
Force Majeure.
13.1 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 labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. 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.
Relationship of the Parties.
14.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party's employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
Severability / Waiver.
15.1 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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
Confidentiality
16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information shall be treated confidentially. Such information must not be used for own commercial or other purposes, neither direct nor indirectly. This provision shall survive the termination of this agreement.
Changes to this Agreement
17.1 The Company 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 any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on affiliates.mrringo.com.
In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.