Cheers Bingo Casino Affiliates – Terms and Conditions
At this stage, please note that Cheers Bingo Casino’s affiliate programme (known as “the programme”) is operated by Ciboney Online Limited (known as “the company”).
Company name: Ciboney Online Limited
Company Address: New Horizon Bldg., Ground Floor
3 1/2 Miles Philip S.W. Goldson Highway
BELIZE CITY
When entering into an agreement (known as “the agreement”) with the affiliate programme and the company, you are expressly advised to read these terms and conditions (known as “the terms”) in full. Please also note that your completion of the agreement’s signup process will subsequently indicate your agreement.
You should also note that the company has the right to increase, alter, change, or delete any portion of the terms whenever the company sees fit. You will not be entitled to advance notice before any adjustments are made, having agreed to the agreement. You are advised to revisit the terms regularly to view any changes.
'Marketing Partner' means the owner of the brand Cheers Bingo, often referred to as the white label owner. This is the person or entity who negotiates the affiliate Agreement with you and is explicitly not the Merchant.
“Merchant” means Jumpman Gaming Limited and any of its Associated Companies. For the avoidance of doubt, this does not include the Marketing Partner.
Conditions of Registration
There are different circumstances that can be used as legal evidence of you entering into an active affiliate agreement with Cheers Bingo. These include and are not limited to the following instances:
- Completing the registration process for the programme;
- Being involved in the programme;
- Using any of the marketing materials or software features associated with Cheers Bingo’s affiliate programme;
- Acceptance of revenue through affiliate commissions.
Functional Purpose
1.1. A dedicated Cheers Bingo affiliate website will be used for operating the programme. Through this agreement, you will help the company to promote the usage of Cheers Bingo Casino by engaging in various marketing activities.
1.2.Cheers Bingo affiliates will have the permission to use one or more websites to encourage customer referrals to the casino site.
1.3.The agreement and the terms are used to dictate your legal role in marketing Cheers Bingo Casino. This will include the commission rates and their respective legal requirements that are outlined later.
Application Outcome
2.1. Any prospective affiliate applications can be denied by the company with complete discretion.
2.2.For potential applicants, you will have to await confirmation or rejection that will be communicated to your signup email. The end result will be based on a procedural evaluation of your full application.
Qualifying Criteria
3.1. Please note that each applicant will confirm that they:
3.1.1.are of the legal age permitted for entering into an agreement from their ultimate remote gambling jurisdiction;
3.1.2.possess the authorisation and competence that are necessary for striking a legally binding contract;
3.1.3. are the relevant holders of the licences, permits, and rights that are necessary for marketing cheersbingo.com in accordance with the terms;
3.1.4.will agree to adhere to all of the programme’s rules, regulations, and any relevant laws;
3.1.5.fully comprehends and accepts to adhere to the terms.
You are hereby informed that Cheers Bingo’s affiliate programme has the right to suspend or close any account that is deemed to have breached the agreement and the terms. In the event that an affiliate’s account is suspended or closed, this could lead to earnings being withheld.
Company Obligations
4.1. This begins with the company sharing all relevant marketing materials with the affiliate. These can include and are not limited to banners, images, information, and tracking links.
4.2. Ultimately, the company is responsible for handling all financial administration duties. This can include activities such as calculating net revenue, tracking link turnover, and commission earnings. As a fully operational affiliate, you can use your account to view performance statistics that are derived from activity determined by tracking links.
4.3.The affiliate’s earnings will be calculated as commission that is determined based on web traffic.
Affiliate Obligations
5.1.Please note that each affiliate will agree to the following:
5.1.1. actively promote, market, and advertise cheersbingo.com with the aim of benefiting all relevant parties, all the while performing under the terms of the agreement;
5.1.2. to have the ultimate responsibility for ensuring that all marketing activities are legal and proper under the terms of the agreement;
5.1.3.to only utilise the tracking software and resources that have been made available by the Cheers Bingo affiliate programme. For your reference, the use of any alternative tracking links will hinder the programme’s capacity to exactly monitor statistics for the awarding of accurate revenue. You are also advised to refrain from altering visual marketing materials or tracking links without consulting the programme;
5.1.4. that the affiliate holds the responsibility for maintaining, operating, and developing their site or sites;
5.1.4.1. communications that are deemed to be spam;
5.1.4.2. to refrain from violating the agreement and the terms in regard to creating cheersbingo.com accounts before performing direct or indirect deposits;
5.1.5.to never confuse players as to your site’s association with cheersbingo.com and the programme or the company. At not time are you permitted to state or even imply that your site originates from any entities owned or operated by the company.
5.1.6.exhibit zero prejudice towards any of marketing materials delivered by the company, the affiliate programme, or Cheers Bingo.com. Please note that the non-approved usage of any intellectual property or trademarks not detailed by the programme or the terms must first be cleared through written communication in the form email.
Payments
6.1. The affiliate agrees to receive payments that have only been calculated by the commission programme. All payments will be calculated from the net revenue that has been derived from the customer referrals that have been directed from the affiliate’s site or sites that have been signed up the agreement.
6.2.Any commission earnings will be calculated through a percentage that has been clearly determined by the earning structure of the Cheers Bingo affiliate programme.
6.3.In most cases, commission earnings are calculated at the end of the month once all relevant statistics have been drawn together. Ideally, this process will be performed with the aim of processing affiliate payments by the 15th calendar day of the very next month. Please note that the programme will reserve the right to delay any payments based on any issues that might arise. Affiliates must also be aware that earning have to be larger than GB£500 for wire transfers £50 for Neteller transfers. Any earnings below those thresholds will be brought over to the next month and this process will continue until the relevant thresholds are met.
6.4.The company and the programme have the right to correctly rectify any errors that have occurred in the calculation process. This might entail the reclamation of overpayments from your affiliate account or else the payment of any earnings that are owed by the programme. Any payments will be made directly to the account identified in the application.
6.5.Affiliates must always be aware that any payments will be considered as the final settlement for the current calendar month.
6.6. In the event of affiliates doubting their reported commission, then any disputes must be made inside of 30 days along with the explained reasons directly to the programme. Any failure to adhere to this process will result in an irrevocable acknowledgement designation being applied to your dispute.
6.7. Any traffic generated through violation of the terms and/or illegal means will be exempted from earnings calculations.
6.8.The terms and the agreement will also hereby confirm that affiliates agree to give back any earnings obtained through fraudulent or false means. The programme will also demand that the affiliate covers any costs incurred in the process.
6.9.The affiliate will forgo their right to commission payments from the programme if the agreements is terminated by either party, but after their unpaid commission have been awarded.
6.10.The programme will hold the right to restructure commission-earning thresholds and methods on an individual basis from affiliate to affiliate.
6.11. In all cases, the affiliate will hold the ultimate responsibilities for covering the cost of any and all charges, fees, levies, taxed, or monies owed to any organisation, department, body, tax authority, or entity that is owed money through the activities performed by the affiliate in their adherence to the programme and the terms. The affiliate will hereby indemnify the company, the programme, cheersbingo.com, and any other related entities from having to clear any unpaid monies owed by the affiliate.
Termination
7.1.The programme or the affiliate will have the right to terminate the agreement and the terms by making a 30-day email notification to the relevant party. Should a termination occur, then both parties will hereby approve the following:
7.1.1.All references to cheersbingo.com, the programme, and the company shall be removed from all of the affiliates sites and social communication channels;
7.1.2.All logos, trademarks, service marks, and any other designations will no longer be used by the affiliate on their sites or communication channels. The affiliate should note that all rights and licences granted under the agreement shall immediately terminate upon conclusion of the agreement. This will entail the return of any and all rights to the various licence holders;
7.1.3.The programme will delay the final payment to the affiliate depending on whether or not additional time is required to accurately calculate the commission. This is an essential step in the process because there will be no other payments awarded to the affiliate after termination has been completed. The affiliate should note that they shall not be eligible for any earnings yielded after the date upon which the agreement has been terminated;
7.1.4.In the event of the agreement being terminated based on the affiliate breaching the terms, then this will result in the company withholding pending commission and payments. Withheld payments are required in the event that costs will have to be covered as the result of the affiliate breaching the agreement and the terms. Simple communication is all that will be required to inform the affiliate that the agreement has been instantly terminated.
7.1.5.On the date of termination, the company, the programme, and cheersbingo.com will be freed by the affiliate from any obligations or liabilities. In special circumstances, this may include obligations or liabilities that are intended to last beyond the termination date of the agreement and the terms. At the same time, the affiliate will not be freed from obligations, liabilities, or confidentiality breaches that arose prior to the termination date. Please note that the terminated agreement will be survived by the affiliate’s responsibility to uphold the confidentiality of the company and the programme.
Warranties
8.1.The agreement will also include the affiliate acceptance that the internet is used entirely at their own risk,while there is no responsibility incurred by the programme. Use of the programme is provided “as is” and “as available” to the affiliate, while no warranties or conditions are expressed or implied. Full access to the programme cannot be guaranteed from any geographical jurisdiction or time.
8.2.At no point can the company be held responsible for omissions, inaccuracies, or errors that result in injuries, damages, or losses that can be caused in any extend by failures, interruptions, or delays from the programme or cheersbingo.com.
Indemnification
9.1.All affiliates hereby agree to defend, indemnify, or hold the company and its officers, employees, successors, affiliates, attorneys, agents, partners, shareholders, and directors free from and against all or any liability claims. These can consist of the fees that might result from legal professionals or experts that relate to:
9.1.1.The affiliate breaching any of the representations, warranties, or covenants outlined in the agreement;
9.1.2.The use or misuse from the affiliate of any relevant marketing materials;
9.1.3. The affiliate’s login details causing any and all issues relating to conduct;
9.1.4.The affiliate’s sites, data, channels, or information that are found to contain defamatory, illegal, or libellous materials;
9.1.5.All or any claims or contentions that the affiliate’s sites, data, channels, or information are determined to be in breach of the patents, copyrights, or intellectual property owned by a third-party;
9.1.6. The usage of the affiliate’s sites, data, channels, or information by a third-party;
9.1.7. All or any claims submitted to the affiliate’s sites, data, channels, or information;
9.1.8. All or any violations of the agreements and the terms outlined by the programme;
9.2.The company holds the right to use its own resources to defend its interests in any circumstance.
Company Rights
10.1.cheersbingo.com, the programme, and the company reserve the right to reopen any closed accounts in line with the terms and conditions, privacy policy, and any other interests held by the company.
10.2.cheersbingo.com, the programme, and the company reserve the right to terminate the account of any affiliate in order to preserve the integrity of the terms and conditions, privacy policy, and any other interests held by the company. The company will reserve the right to initiate any form of legal action in order to preserve its interests following any breach on the part of the affiliate.
Jurisdictional Law
11.1.Affiliates should be made aware that the agreement shall be construed and governed in line with UK laws. Belize will then be used as the governing jurisdiction for any actions or disputes that arise. The affiliate will hereby consent to the British Overseas Territory’s process and system of settling legal disputes.
Assignment
12.1.The agreement cannot be assigned by the affiliate to any other party without seeking prior consent from the company. No legal means or otherwise can be used to subvert this process. Please note that the affiliate’s acquisition of another Cheers Bingo affiliate will also entail their inheritance of the agreement held by that site.
12.2. The company can reassign the agreement without the affiliate’s consent, though legal means or otherwise.
Non-waiver
13.1.The company will not wave its right to enforce the agreement and the terms even if it fails to hold any affiliate to the agreement and the terms.
Force Majeure
14.1. The company and the affiliate will not be liable to the other party if there happens to be a delay or failure to uphold the terms and any obligations or requirements. Neither party shall be liable if a failure or delay arises that is the fault of neither party and which falls outside of reasonable control. These instance might include are not limited to acts of god, industrial disturbances, communication failure, extreme weather, labour disputes, medical emergencies, or terrorist acts.
14.2.A non-performing party will be freed from the expected performance that has been hindered due to the force majeure for an extended portion of time. A force majeure lasting more than 30 days will allow for either party to terminate the agreement without any previous notice.
Party Relationships
15.1.No action undertaken by the company or the affiliate, or any other portion of the agreement, will signify that either the company or the affiliate is systematically embarking upon a partnership, association, syndication, or joint venture, not the authority, conference, right, or implication of power to strike an agreement in imposition or behalf of obligation from either the company or the affiliate.
Severability
16.1.The agreement’s provisions will be interpreted to be valid and effective in line with the applicable laws and legal responsibilities. In the event, that any of the provisions in the agreement are not feasible due to invalidity or unenforceability, they will not impact any other provisions. Please note that the programme’s inability to enforce any of the provisions in the agreement will not grant any form of waiver to the affiliate, unless having been previously been granted through written correspondence.
Confidentiality
17.1.The affiliate accepts that all of the information that they receive from cheersbingo.com, the programme, and the company must be treated with complete confidentiality. For reference, confidential information can include yet shall not be restricted to sales information, buyer details, customer lists, personal data, operations, records, business plans, processes, and product specifications.
17.2.The affiliate is legally denied from commercially or non-commercially utilising any of the information from cheersbingo.com, the programme, and the company unless prior permission has been expressly granted in writing. Please be aware that all confidentiality obligations will extend beyond the termination of the agreement.
17.3.The affiliate is legally obliged to never make use of the confidential information they encounter for any purpose other than to operate in line with the agreement and the terms.
Agreement Revisions
18.1.The company reserves the right to perform changes, additions, alterations, or even deletions of any of the provisions communicated in the agreement and the terms at any time. The affiliate will not have the right to be informed in advance of any changes that are made to the terms that will ultimately be republished through the Cheers Bingo affiliate programme.
18.2.At all times, the English language will ultimately prevail in relation to any confusion that might occur based on mistranslations or miscommunications from the agreement and the terms.
Trade
19.1.At not point has the agreement or the terms taking the step of awarding the interest, right, or title of service marks, trade names, trade marks, or any other form of intellectual property (also known as “marks”) to the affiliate or the company. Neither the affiliate nor the company will try to aid or challenge a third-party in the legal registration of the marks held by either party or their related organisations. Neither the affiliate nor the company shall also seek to register any marks that bear a close resemblance to the marks owned by either party or their related organisations.
Commission
20.1. The Cheers Bingo affiliate programme will award a 30% share of commission that is derived from net revenue. For reference, this shall be calculated based on withdrawals along with 15% UK gambling tax being subtracted from deposits the made by players who have been referred by affiliates.
At this point, all affiliates should be made aware that the UK gambling tax is determined based on betting duties and payable taxes demanded by the various national authorities, while not covering corporate income tax or any other responsibilities. These taxes will only apply to revenue earned from UK residents, while those living outside of the country will be excluded from the relevant calculations.