This Affiliate Agreement (this "Agreement") is the complete terms and conditions of the relationship between Nexus Group Enterprises N.V. (Curacao) (the "Company," "we," "us" or "our"), and you, with regards to your role as an affiliate (an "Affiliate", "you" and "your") in our Affiliate Scheme (the "FJ-Affiliates Scheme").
Your role as an affiliate includes promotion of the site, brands and applications owned or operated under the Company’s group, as described on fortunejack.com. Also included in your role is promotion of all sites, brands, and applications made available through the FJ-Affiliate Scheme.
By checking the box with "I have read and agree to the terms and conditions" (or similarly), you accept the terms and conditions of this Agreement between the Company and the Affiliate as legally binding.
1. Application and Enrollment for FJ-Affiliates
1.1. Prospective Affiliates in the FJ-Affiliates Scheme are required to submit the FJ-Affiliates application, available on http://fortunejackpartners.com. We shall evaluate applications, and if successful, you will be notified by us of your acceptance into the Affiliate Scheme. We reserve the right, at any time, to reject applications into the Affiliate Scheme.
1.2. Your application may be rejected, or this Agreement terminated, if we for any reason deem your marketing methods (including websites, emails and applications, collectively referred to as the "Affiliate Websites") as not suitable. This includes, but is not limited to, adding content on our Affiliate Website that we deem as harmful, threatening, unlawful, defamatory, harassing, obscene, racially or ethnically discriminatory, or in any other way objectionable. Examples of the aforementioned includes sexually explicit, pornographic or obscene content (in text or graphics), (2) offensive speech or images, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (with regards to race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (3) graphic violence, (4) politically sensitive or controversial issues or (5) any unlawful behavior or conduct. Further, we shall reject your application or terminate this Agreement if we deem that any of your Affiliate Websites are designed in a way to make them appeal to minors.
1.3. End-users shall be protected against all types of malicious, harmful or intrusive software. Your application will be rejected, or this Agreement terminated, if we deem that any of your Affiliate Websites are designed to distribute or promote such software, including spyware, adware, trojans, viruses, worms, spybots, keyloggers, or any other form of malware.
1.4. The Company has a zero-tolerance policy for bribery and corruption (the "Anti Bribery and Corruption Policy"). This entails that all activities of the Company, and its affiliates and business partners, shall be in compliance with relevant laws and regulations, and uphold the highest standards of corporate ethics. Consequently, you shall not offer, promise, give, authorize, solicit or accept any undue pecuniary or other advantage related to prospective Leads, Money Players, Commissions, Sub-Affiliates or otherwise, each as defined below. Your application will be rejected, or this Agreement terminated, if we deem that any of your activities are not in compliance with our Anti Bribery and Corruption Policy.
1.5. The Affiliate has no right to appeal the Company’s decision to reject any application to the Affiliate Scheme.
1.6. We reserve the right to request further documentation or information, or perform background checks on you, including investigations into your identity or financial history and standing.
1.7. The aforementioned background checks or investigations may be performed by the Company without any notice to you. The investigations may be performed by third parties on behalf of the Company. We reserve the right to terminate this Agreement if such investigation in any way indicates a negative or uncertain conclusion. Documentation requested by us may include ID card, proof of address, and certificate of incorporation. We will not accept documents we suspect have been tampered with or contain what we believe is false or inaccurate information, and we reserve the right to withhold Commissions accrued to you, reject your application, or terminate this Agreement without prior warning.
2. Links and Promotions
2.1. If you are accepted into the Affiliate Scheme, banner advertisements, button links, text links and other content associated with you in our system, will be made available to you. These links may be displayed on your Affiliate Website(s), subject to the terms and conditions of this Agreement. Further, you must possess the right to use the Affiliate Website(s) in relation to the Affiliate Scheme.
2.2. By including the Links on your website, you agree to cooperate with us in establishing and maintaining the Links. You must obtain the Company’s permission in writing before including the Links on website(s) other than the Affiliate Website(s). If permission is granted, the website(s) will be considered Affiliate Website(s) under this Agreement.
2.3. Links may not be modified by the Affiliate unless permission from the Company has been obtained in writing. Links may be rendered inoperative by us if we deem the use of any Link as not in compliance with this Agreement. All forms of advertisement for the Site, including, but not limited to, the use of spam mail, must first be approved by the Company in writing.
2.4. You may promote the Sites by publishing bonus codes (Promotion), subject to prior written approval by the Company. If such written approval has not been obtained prior to you offering a Promotion, you shall not receive any Commissions generated on the accounts of Money Players (defined below) from the unapproved Promotion.
2.5. You shall refrain from promoting the Site or use Licensed Materials (defined below) on any third party website, software or portal that violates intellectual property rights.
2.6. You shall not market the Site in any way that competes with the Company’s own marketing efforts, unless prior written approval has been obtained from the Company. Activities considered to be in competition with the Company’s marketing efforts include placing Links on any websites on which the Company already has advertisements for the Sites, and any promotion of the Sites by you through the use of keyword advertising on Internet search engines.
2.7. Breach of any of the aforementioned provisions constitute a breach of this Agreement. In such case, the Company reserves the right to terminate this Agreement and retain any Commission accrued to your benefit. You may not advertise, purchase, or register keywords which are identical to or similar to the Company’s or its affiliate’s own trademarks or trade names, including, but not limited to, “FortuneJack” or similarly, for use in any search engine, portal, advertising or referral service. Further, you will not include metatag keywords in Pay-per-click (PPC) advertising which are identical to or similar to any FortuneJack trademarks or trade names.
3. Money Players and Leads
3.1. For purposes of this Agreement, a “Lead” is an internet user who access the Site through a link published by the Affiliate on the Affiliate Website(s) or through other means in accordance with this Agreement, opens an account and deposits the specified minimum amount. An internet user who has previously made a deposit in any other user account, is not considered a Lead under this Agreement.
3.2. Players who have received a first money transfer into their account from any third party are not required to make the minimum deposit in order to become a Lead.
3.3. A “Money Player” is considered a Lead when he or she also has:
3.3.1. CPA trackers and CPA component in hybrid trackers: (1) been verified under all relevant regulatory requirements; and (2) met any other required qualifications that may be changed at our discretion.
3.3.2. Revenue Share trackers: Plays taking place on the Site.
3.4. The affiliate or his or her relatives (defined as spouse, partner, parent, child, or sibling) are not eligible to become Leads or Money Players. In such case, your Commission shall be retained and the act will be considered a fraudulent activity.
3.5. There can be a maximum of one (1) Lead per household computer.
3.6. The number of your Money Players and Net Revenue will be made available through the FJ-affiliates Information Site found at http://fortunejackpartners.com. Our calculations regarding these figures are our sole authoritative tool and are not open to review or appeal. Figures are dynamic and may change. Whenever there is a discrepancy between the Company’s records and the FJ-Affiliates information site, the Company’s records shall prevail. It is the Affiliate’s responsibility to ensure that the Links are correctly formatted to permit accurate commission accrual.
4.1. Details of the commission scheme can be found at fortunejackpartners.com/commissions. The details may be modified in accordance with this Agreement. In revenue share schemes, you will receive the the agreed upon share of the Net Revenue, as defined below.
4.2. “Net Revenue” shall, under this Agreement, be defined as Money Players "contribution to poker table game rake and poker tournament fees (excluding prizes) plus the sum of Money Players" settled bets on non-poker games (excluding contributions to progressive jackpots), less the winnings of Money Players on non-poker games (excluding cashed-out progressive jackpot winning amounts), less any credits, bonus, bonus points or other promotional amounts given to Money Players, less any Tournament Overlays, less any returned transactions or any uncollectible (or refunded) revenue attributable to a Money Player (including chargebacks, "preventative" chargebacks or in settlement of any claims involving a Money Player).
4.3. The contribution a Money Player makes is determined by multiplying the quotient obtained when dividing the actual amount to a hand contributed by the Money Player by the total bet of each hand, by the total "rake" of the hand in question. Note that the rake allocation model may be changed at our discretion.
4.4. “Tournament Overlay” is defined as the portion as determined of the total sum of shortfalls between the guaranteed prize and the total prize pool of any guaranteed poker tournament.
4.5. The Company may not pay any Commissions for Money Players who are blocked or suspended by us for any reason. Charges or expenses arising from blocked or suspended Money Players may be deducted from Net Revenue by the Company.
4.6. Different payment schemes may apply to other Affiliates who are being paid in accordance with different payment schemes, or at times at the Company’s sole discretion.
4.7. Commissions are paid to the Affiliate every month, within approximately 30 days after the end of each month. Payments will be made to your Player’s account or to your Bitcoin payment address, as indicated by you under “Payment Account” in the application. It is your sole responsibility to ensure that the payment details provided are accurate. In the event that inaccurate or incorrect information is provided, we reserve the right to deduct from the Commissions an amount reflective of the required investigation and additional work created. The Company is not liable for any commission paid to an incorrect Payment Account as a result of inaccurate payment information provided by you.
4.8. Any form of manipulation of the FJ-Affiliates Scheme by an affiliate or the players he or she has referred is strictly forbidden. We may withhold any Commission due to the relevant Affiliate and terminate this agreement without prior warning if we deem at our sole discretion that such practice is taking place.
4.9. The Company will not apply a negative balance carry-over policy where you earn Commissions in accordance with the revenue share schemes as detailed above.
4.10. We reserve the right to convert the commission scheme you are, or have been, subject to.
4.11. Any cost related to the transfer of Commission to your account may be deducted from your pay-put.
4.12. The Minimum Amount of Commissions payable to you is 0.1 BTC. The Company reserves the right not to pay out any Commissions to the Affiliate until accrued Commissions is greater than or equal to the Minimum Amount.
4.13. All Commissions may be reviewed by the Company for possible fraud, on the part of the Money Player, a Sub-Affiliate, or you. Such a fraud review period shall be limited to 180 days. During this period, the Company has the right to withhold any Commission due to you, until the review has been concluded. Fraud on your part constitute a breach of this agreement, and may result in the immediate termination of this Agreement. In such case, you will not be entitled to receive any Commissions accrued to your benefit, whether generated from fraud or otherwise. Any amount of Commissions already paid to you that can be shown to have been generated from fraud may be deducted from future Commissions pay-out from the Company to you.
4.14. Under this Agreement, “Fraud” includes, but is not limited to: (1) encouragement by you or any third party of bonus abuse on the part of Money Players; (2) a Money Player’s chargeback in relation his or her initial deposit; (3) collusion between a Money Player and any other player on the Group Websites; (4) opening an account under circumstances not in accordance with the terms in this Agreement; (5) offering of any form of unauthorized incentives; (6) creating or using a single Link intended to be used by a single Lead; (7) any acts by you or a Money Player which can be assumed to have been committed in bad faith against the Company. Suspected “rake back” activities on your part, for example numerous Affiliate serials with only one or a few accounts on each, will result in your account being blocked without prior warning, and any past and future Commissions accrued to your benefit may be retained by the Company.
4.15. Commissions paid to you shall relate solely to the casino, poker, live casino or sport products advertised by you directly via the Links. The Company is not responsible for payments related to any user account other than the account registered on the particular site you are promoting, and where the user in question qualifies as a Lead and Money Player under the terms of this Agreement.
4.16. You shall not let any third party use your account, password, or identity to access the FJ-Affiliates Scheme. You bear full responsibility for any activity by a third party on your account, and the Company is not liable for any damage that may result from it. You shall protect your personal account details such as username and password and not reveal them to anyone. If you suspect any third party has access to your account or has obtained your username or password, you shall notify the Company immediately.
4.17. The Company may at any time halt marketing efforts in certain jurisdictions. In such case, the Company is not liable to pay any Commissions accrued to you that has been generated from such jurisdictions.
5. Intellectual Property
5.1. If accepted into the FJ-Affiliates Scheme, you will be granted a non-transferable, non-exclusive, revocable license to place the Links on your Affiliate Websites. The license may be used only during the term of this Agreement and in connection with the Links, for use with the Company’s logos, trade names, trademarks, service marks and similarly, for the purpose of promoting the Sites only.
5.2. Licensed Materials may not be altered or modified in any way by you or any other unauthorized party.
5.3. Licensed Materials may not be used by you for any other purpose than promoting the Sites. All intended uses of Licensed Materials must be submitted in the form of a sample to [email protected] or via the messaging service within the platform, and you must receive a written approval from the Company before publishing.
5.4. Any disparaging use of Licensed Materials on your part is not allowed, including any use that portrays the Company or anyone else negatively.
5.5. All intellectual property rights in the Licensed Materials is strictly reserved for the Company and its affiliates. Your right to use the Licensed Materials may be revoked in writing by us at any time. In such case, all Licensed Materials in your possession must immediately be destroyed or delivered to us. You shall not acquire any right, interest or title to the Links or Licensed Materials, except for the license which is granted to you for the duration of this Agreement.
6. Your Obligations
6.1. You bear full responsibility for technical operations and the appropriateness of materials posted on your Affiliate Website(s).
6.2. Your Affiliate Website(s) should not in any way resemble the look of the Sites, and you shall not create the impression that your Affiliate Website(s) is, or is part of, the Sites.
6.3. You may not include content or any kind of proprietary materials from the Group Sites on your Affiliate Website(s), except the Links or otherwise with our prior approval. You may not register a domain name that includes, or could be confused to be, any of the Company’s or its affiliates’ trademarks.
6.4. Any use of unsolicited or spam messages to promote the Group Websites is not allowed. In the event we receive complaints about such practice, we may provide your details to the complaining party, and that party may contact you directly to resolve the complaint. Such details include your name, email address, physical address, and telephone number. You shall take every effort to resolve such complaints. In the event we receive such complaints, we reserve the right to terminate this Agreement with immediate effect, and set off or charge you for any costs incurred on our part related to handling the complaint.
6.5. Its is your sole responsibility that the Affiliate Website(s) and related marketing materials or communications maintains compliance with all relevant laws and regulations, and that you refrain from any direct or indirect infringement of intellectual property rights. In the event we find you to breach any of the aforementioned, we reserve the right to withhold any Commissions accrued to your benefit and terminate this Agreement with immediate effect.
6.6. You shall comply with all instructions and guidelines found on the FJ-Affiliate Information Site, including instructions received from us requesting you to post on the Affiliate Websites information about new features and promotions on the Sites. We reserve the right to terminate this Agreement and withhold any Commissions accrued to your benefit if we find you to be in breach of the foregoing.
6.7. You acknowledge that your conduct as an Affiliate could potentially cause substantial damage to the reputation and goodwill of the Company. Hence, you shall at all times consider the goodwill and reputation of the Company and act accordingly. You will indemnify and hold the Company, or anyone associated with it, from all claims, damages, and expenses relating to your activity as an Affiliate.
7.1. This Agreement comes into effect as soon as you are accepted into the FJ-Affiliates Scheme, and it will remain in effect until terminated by either party. Either party may terminate this Agreement at its own discretion by notifying the other party in writing via email of fax.
7.2. To ensure the correct amount is paid out to you upon termination of this Agreement, we reserve the right to withhold your final payment for a reasonable amount of time.
7.3. Immediately following the termination of this Agreement, you shall remove your Affiliate Website(s), all Links and Licensed Materials and any other names, symbols, logos, or other proprietary designations or properties owned, developed, licensed or created by us. We shall have no obligation to make any further payments to you following the payment of all Commissions due at the time of termination of this Agreement.
8.1. The terms and conditions of this Agreement may be changed at our sole discretion. In such case, we will post a change of terms notice or a new agreement on the FJ-Affiliates Information Site at http://fortunejackpartners.com. You agree that this will serve as sufficient notice and that the changes will be in effect from the date of posting.
8.2. Changes to the list of the Sites, the scope of available commission fees, commission schedules and payment procedures are examples of matters that may be affected by such modifications. In the case any modification is unacceptable to you, it is your responsibility to terminate this Agreement. No action on your part constitutes binding acceptance by you of the change. You are advised to visit the FJ-Affiliates Information Site frequently in order to stay updated on the terms of this Agreement.
9.1. We are not liable for any damages, revenue, profits or data that may arise in relation to this Agreement or your role as an FJ-Affiliate. Under no circumstances shall our aggregate liability arising from this Agreement exceed the total amount of Commissions already paid or payable to you.
9.2. The parties of this Agreement are independent contractors.
10.1. WE SHALL NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH REGARDS TO THE FJ-AFFILIATES SCHEME OR THE FJ-AFFILIATES INFORMATION SITE (INCLUDING BY WAY OF EXAMPLE ONLY, WARRANTIES OF FITNESS, MERCHANTABILITY, AND NON-INFRINGEMENT). FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ERRORS OR INTERRUPTIONS ARISING FROM THE SITES OR THE FJ-AFFILIATES INFORMATION SITE.
11. Warranties and Representations
11.1. You hereby warrant the following: (1) you accept the terms and conditions of this Agreement as legally binding to you; (2) all information you have provided in relation to the FJ-Affiliates Scheme is true and accurate (3) acceptance and performance by you on this Agreement is not in violation of any law, regulation or agreement which you are subject to; (4) you hold all permits, approvals and licenses required to enter this Agreement and participate in the FJ-Affiliate Scheme and receive payment from us; (5) you are at least 18 years of age.
11.2. You acknowledge that you are familiar with applicable laws relating to your obligations and activities under this Agreement and that you can enter into this Agreement without violating any applicable laws.
12.1. As a consequence of your participation in the FJ-Affiliates Scheme, we may disclose confidential information to you. Such information shall remain confidential and secret and shall not be used for any purpose except in the case such information is already generally available to the public or if required by law.
13.1. You agree to defend and indemnify the Company and all persons associated with it (such as employees, agents, affiliates, officers and shareholders) from any claims or damages that arise out of (1) a breach of this Agreement by you or any representation thereof; (2) any claim related to your Affiliate Website(s), or (3) any claim related to the Links or Licensed Materials on the Affiliate Website(s).
14. The Agreement
14.1. The terms contained in this Agreement constitute the entire agreement. No statement with respect to the Agreement with is not contained herein shall be valid or binding between the parties of this Agreement.
15. Independent Evaluation and Investigation
15.1. You confirm that you have read this Agreement, have had the opportunity to consult with legal advisors, and agree to all terms and conditions contained herein. Further, you have considered whether participation in the FJ-Affiliates Scheme is appropriate for you and you are not relying on any other representation or guarantee than stated in this Agreement.
16.1. This Agreement, as well as all matters relating to it, is governed by the laws of Curacao. Any disputes arising from, or relating to, this Agreement shall be under the sole jurisdiction of the courts of Curacao.
16.2. This Agreement may not be assigned by you, by operation of law or otherwise, without prior written approval from us. This Agreement will be enforceable against, and binding on, the parties and their successors and assigns. The failure on our part to enforce the provisions of this Agreement shall not constitute a waiver of our right to do so at a later time.
16.3. We reserve the right to transfer, assign, sublicense or pledge this Agreement (1) to any other entity with the same corporate group as the Company; (2) in a merger or other corporate transaction which may involve the Company. In such case, you will be notified by us publishing a new version of this Agreement on fortunejackpartners.com/agreement.
16.4. In the event any clause or portion of this Agreement is ruled illegal or unenforceable by a Curacao court, it shall be amended as required to render it legal and enforceable.
16.5. The phrases “including” and “include” used in this Agreement shall be considered illustrative and shall not limit the sense of the words following that phrase.
17.1. The meaning of the English language version of this Agreement shall prevail in case of any discrepancy between translated versions it.