Affiliate Program Terms and Conditions govern the promotion of www.gamegram.com ("Website", “Gamegram”) by the Affiliate, whereby the Affiliate will be paid fees depending on the traffic sent to Gamegram subject to specific rules and requirements. To join our Affiliate Program, you must register on the Website as our Affiliate. Please read these Affiliate Program Terms and Conditions (“Terms”) carefully before applying to become an Affiliate, as they set out our and your legal rights and obligations under the Affiliate Program.
For each of the Gamegram products and services that the Affiliate is promoting the Affiliate shall: (1) use its best efforts to actively and effectively advertise, market, and promote Gamegram as widely as possible to maximize the benefit to the parties and (2) market and refer potential users to Gamegram at its own cost and expense (3) use only the tracking link provided within the scope of the Affiliate Program (4) be responsible for the development, operation, and maintenance of its Affiliate website as well as for all material appearing on its Affiliate website. The Affiliate shall ensure that it shall always use the most up-to-date links made available or approved by Gamegram from time to time. If Gamegram requests any change to the Affiliate’s use and positioning of the links from time to time, the Affiliate shall promptly comply with such request. You also acknowledge and agree that your website shall not: (1) contain false, inaccurate or misleading information about Gamegram services (2) engage in sending spam or indiscriminate advertising (3) violate data transfer, data privacy, data security laws such as offering or promoting Gamegram services in any jurisdiction in which they would be illegal (4) cause any account linkage to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the tracking link, etc.); (5) drive pay-per-click traffic using any names or brands that are the same as, or similar to, those owned and/or operated by Gamegram, including but not limited to a brand or domain using misspelling, addition, omission of characters, phonetic similarity or otherwise (6) increase or seek to increase the number of valid clicks or users using any fraudulent or deceptive method (7) send any promotional offers relating to the Website to recipients under the age of 18 or such higher age as may apply in specific jurisdictions in relation to gaming laws (8) deliberately market to individuals located in any territory from which Gamegram does not accept users; (9) increase or seek to increase the number of payment trigger events using any fraudulent or deceptive method. Each Affiliate is responsible for the quality and origin of the traffic that it provides to the Website and the Affiliate will always remain responsible for the quality and origin of that traffic. If an Affiliate accidentally or unknowingly directs traffic of a questionable quality and/or origin to the Website, Gamegram may issue a written warning to Affiliate, notifying the Affiliate of the questionable traffic. If, after three (3) written warnings, the Affiliate still directs traffic of a questionable quality and/or origin to the Website, Gamegram may, in its sole discretion, immediately terminate such Affiliate’s participation in the Affiliate Program.
Gamegram shall provide the Affiliate with all required information and marketing material for the implementation of the tracking link (a unique link generated in the affiliate account for each affiliate and granulating on a campaign basis, to track and record new users that the Affiliate has brought to the program) as Gamegram sees fit and needed. Gamegram hereby grants to the Affiliate a worldwide, non-exclusive, royalty-free license to reproduce or use the brand name, links, and promotional content electronically and to publish the same on the Affiliate's Website to perform its services. The Website is provided on an “as is” basis and accordingly Gamegram does not warrant that the use of the trademarks, brand name, service marks, logos, links, or promotional content by the Affiliate will not infringe any third-party intellectual property rights or give rise to any other liability on the Affiliate. The Affiliate shall not make any alteration to or modification of any of the trademarks, brand names, service marks, logos, links, and promotional content without the prior written consent of Gamegram and/or its licensors (as applicable).
The Affiliate shall not do, cause, or authorize to be done, anything which in Gamegram’s reasonable opinion will or may in any way impair, damage, or be detrimental or otherwise adversely affect the reputation or goodwill associated with Gamegram business.
Gamegram agrees to pay the Affiliate fees based on the net gaming revenue monthly gross revenue after the deduction of costs including but not limited to financial transaction fees, royalties, bonuses, loyalty rewards, and chargebacks) generated from new users referred by the Affiliate website. Fees shall be a percentage of the net gaming revenue of qualified first-time deposits (successful registration and deposit at Gamegram) made by new users (who do not yet have a gaming account and who access Gamegram via the tracking link) from the Affiliate tracking link. The exact fee structure can be viewed from the Affiliates account.
Gamegram shall administer the net gaming revenue generated via the tracking links, record the net gaming revenue and the total amount of Affiliate fees earned via the link, provide a report, and handle all customer services related to its business.
The Affiliate will be granted access to the Gamegram’s affiliate management software from which the Affiliate will be able to access analytics information relating to the Affiliate's performance. The Affiliate shall be responsible for maintaining the confidentiality of its email, password, and all usage and activity on its account, including the use of the account by a third party authorized by the Affiliate to use its account. Only Gamegram’s affiliate management software accounting data will be considered for this purpose. The report will detail the number of new users and the total amount due to the Affiliate after any deductions the Gamegram is entitled to make under these Terms.
Affiliate fees are calculated at the end of each month and the monthly payment shall be performed by the fifth (5th) day of each calendar month, provided that the amount due exceeds 100 EUR. 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 collectively exceeds the minimum threshold.
Payment of Affiliate fees shall be made to Affiliate in EUR. Payment shall be made upon an invoice presented by Affiliate to Gamegram. Gamegram reserves the right to charge to the Affiliate any payment processing fees imposed by certain payment providers at its sole discretion. Acceptance of payment by the Affiliate shall be deemed to be a full and final settlement of the balance due for the period indicated. If the Affiliate disagrees with the balance due as reported, it shall within a period of seven (7) days, send an email to email@example.com and indicate the reasons for the dispute. Failure to send an email within the prescribed time limit shall be deemed be considered an irrevocable acknowledgment of the balance due for the period indicated.
The Affiliate shall be exclusively responsible for the payment of any 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 by the Affiliate as a result of the fees generated under these Terms. Gamegram shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies Gamegram in that regard. Herewith if Gamegram is required by law to deduct withholding tax or any other taxes or duties from any payments, then Gamegram will deduct such amounts from Affiliate fees.
Gamegram reserves the right to suspend the Affiliate’s activity and any entitlement to affiliate fees if the Affiliate fails to refer any new users in any six (6) month period. Reinstatement will be at the Gamegram’s sole discretion. For the avoidance of any doubt, these users must be bonafide depositing customers. No payments will be due in respect of (1) any visits to or actions upon the Gamegram’s Website made by or on behalf of the Affiliate; any parent undertaking or subsidiary of the Affiliate; any employee, agent, or officer of the Affiliate, or any parent undertaking or subsidiary of the Affiliate; or any natural person related to any of the above; (2) any amount received by Gamegram using the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means; or (3) any payments on the Gamegram Website which are subsequently canceled, refunded, reversed, or charged-back; or (4) any user who already has an account on the Gamegram Website. For the avoidance of doubt, Gamegram may withhold payment of affiliate fees if it has reasonable grounds to believe that the Affiliate has breached any requirement of these Terms or has acted dishonestly. Gamegram may also withhold payment of affiliate fees when it has reasonable grounds to believe that the payment of such affiliate fees may cause Gamegram or the Affiliate to be in breach of any applicable laws, rules, or regulations in any jurisdiction (5) any user who is otherwise judged by the Gamegram at its sole discretion to be deliberately abusing or attempting to abuse bonus and promotional schemes or otherwise acting in bad faith and contrary to site rules. In case of any reason to suspect that the Affiliate is in breach of these Terms, the Affiliate's account may be blocked, and payouts may be frozen for the period of investigation. If the investigation proves a violation of these Terms to have taken place, Gamegram reserves the right to withhold the Affiliate's fees. Gamegram may delay payment of any balance to the Affiliate, while it investigates and verifies that the relevant transactions comply with the provisions of these Terms.
The Affiliate warrants, represents, and undertakes (as applicable) that its website(s) and any content thereon (1) is not aimed at children or anyone under the age of 18 (eighteen) (2) does not contain any prohibited material (3) does not infringe the rights (including the intellectual property rights) of any third party; (4) is solely owned by the Affiliate (5) complies with all applicable rules, laws, and regulations in correlation with the promotion of Gamegram. The Affiliate will ensure that marketing emails comply with all applicable legislation and shall only send emails to persons who have consented to receive them. All marketing communications will contain clear information about the identity of the Affiliate and shall provide details of how the recipient can unsubscribe.
Gamegram provides the Website on an “as available” basis, without warranties of any kind express or implied, including warranties of the ability and fitness for a particular purpose of the Website, unless such warranties are legally incapable of exclusion. Gamegram does not guarantee that (1) the Website will be uninterrupted or error-free (2) there are no viruses or other harmful components on the Website (3) defects on the Website will be corrected (4) the security methods employed on the Website will be sufficient; or (5) any content on the Website is correct, accurate, or reliable. Gamegram reserves the right to discontinue, withdraw, terminate, or modify the Website included in the Affiliate Program or any part thereof at any time without notice or further liability to the Affiliate.
The Affiliate will indemnify and hold Gamegram and its respective directors, officers, members, employees, representatives, and advisors harmless from all claims, damages, and expenses (including, without limitation, legal fees, and expert witness fees) relating to the development, operation, maintenance, accuracy, and compliance of the contents of the Affiliate Website and/ or any materials, products or services linked to it.
Gamegram’s total aggregate liability to the Affiliate for any non-availability, lack of functionality or loss of use of the Website will not exceed the total amount paid and payable by Gamegram to the Affiliate under the Terms during the 6 months immediately preceding circumstances giving rise to the claim. Gamegram shall not be liable to the Affiliate for any losses of the Affiliate whatsoever arising from the non-availability, lack of functionality, or loss of use of the Website.
All information, including but not limited to products, operations, processes, business know-how or logic, trade secrets, market opportunities, Affiliate network and personal data of the users of Gamegram shall be treated confidentially. Such information must not be used for its own commercial or other purposes or divulged to any person or third party neither directly nor indirectly unless prior explicit and written consent has been provided by Gamegram. The Affiliate obliges not to use the confidential information for any purpose other than the performance of its obligations under these Terms.
The relationship between Gamegram and Affiliate may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by email. The Affiliate must remove all references to the Gamegram from the Affiliate website and other marketing channels and communications, irrespective of whether the communications are commercial or non-commercial. The Company will not have any obligation to make any further Payments to the Affiliate after termination of the agreement.
All rights and licenses granted to the Affiliate under these Terms 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 Gamegram. The Affiliate will be entitled only to those earned and unpaid fees as of the effective date of termination; however, provided Gamegram 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 fees after this termination date.
The validity, construction, and performance of these Terms and any claim, dispute, or matter arising under or in connection to these Terms or its enforceability shall be governed and construed by the laws of Cyprus. The parties irrevocably submit to the exclusive jurisdiction of Cyprus courts over any claim, dispute, or matter under or in connection with these Terms and/or their enforceability.