Affiliate terms & conditions
This is an agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”)
and Ocean Affiliates (“Company”, “us” or “we”).
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. We will inform affiliates via email about any changes to the Agreement. More, to avoid missing the mail in spam folders, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
1. DEFINITIONS
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the
Affiliate to take part in the Affiliate Program and approved by Company.
1.3 “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and
conditions of the Commission Structures applicable to the different products and brands, and (iii) any other
rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
1.4 “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate
Program.
1.5 “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or
any other any third party website to Company Websites.
1.6 “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate
promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites.
For such services the Affiliate is paid a commission depending on the generated traffic to the Company’s
websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission
Structure.
1.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company pays the
commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the
Affiliate Agreement;
1.8 “Affiliate Website” means any website which is maintained, operated or otherwise controlled by the
Affiliate.
1.9 “Company” shall mean https://oceanaffiliates.com and any other company within our group of, including our
parent companies, their parent companies and all of the subsidiaries of these respective companies.
1.10 “Company Websites” means the website https://oceanaffiliates.com or other such websites (including mirror
websites) as may be added to this Affiliate Program from time to time
1.11 “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a
New Customer (CPA structure) as set out in the Commission Structures.
1.12 “Commission Structures” means any specific reward structures expressly agreed between Company and the
Affiliate.
1.13 “Confidential Information” means any information of commercial or essential value relating to Company
such as, but not limited to, financial reports, trade secrets, know-how, prices and custom quotes, business
information, products, strategies, databases, technology, information about New Customers, other customers and
users of Company Websites, marketing plans and manners of operation.
1.14 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands,
business names, and registrations of the aforesaid and/or any other similar rights of this nature.
1.15 “Net Gaming Revenue” or “NGR” means all monies received by Company from New Customers as placed bets,
less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration
fees, (e) fraud costs and chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned
above are only related to New Customers referred to Company Websites by the Affiliate Website(s).
1.16 “New Customer” means a new, first-time customer of the Company who made a first deposit amounting to at
least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable
terms and conditions of Company Websites’. This excludes the Affiliate, its employees, relatives and
friends.
1.17 “Parties” means Company and the Affiliate (each a “Party”).
1.18 “Personal Data” means any information relating to any person, whether individual or legal that is or may
be identified, directly or indirectly.
2. AFFILIATE OBLIGATIONS
2.1 Registering as Affiliate
To become a member of our Affiliate Program you must accept these terms and conditions by ticking the
respective box while submitting the Affiliate Application. The Affiliate Application will form an integral part
of the Affiliate Agreement.
We will, at our sole discretion, determine whether or not to accept an Affiliate Application and our decision
is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate
Application has been successful.
You will provide any documentation required by Company to verify the Affiliate Application and to verify the
Affiliate Account information at any time during the term of the Affiliate Agreement. This documentation may
include but is not limited to: bank statements, individual or corporate identity papers and proof of
address.
It is your sole obligation to ensure that any information you provide us with when registering with the
Affiliate Program is correct and that such information is kept up-to-date at all times.
2.2 Affiliate login details
It is your sole obligation and responsibility to ensure that login details for your Affiliate Account are kept
confidential and secure at all times.
Any unauthorised use of your Affiliate Account resulting from your failure to adequately guard your login
information shall be your sole responsibility, and you remain solely responsible and liable for all such
activity occurring under your Affiliate Account user ID and password (whether such activity was undertaken by
you or not). It is your obligation to inform us immediately if you suspect illegal or unauthorised use of your
Affiliate Account.
2.3 Affiliate Program participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third
party, brokering or transfering an Affiliate Account is not accepted. Affiliates wishing to transfer an account
to another beneficial owner must contact us and request permission. Besides, you shall not open more than one
Affiliate Account without our prior written consent.
By agreeing to participate in the Affiliate Program, you agree to use your best efforts to actively advertise,
market and promote the Company Websites in accordance with the Affiliate Agreement and Company’s instructions
from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in
Company’s best interest and will in no way harm the Company’s reputation or goodwill.
You may link to the Company Website’s using the Affiliate Links or other such materials as we may from time to
time approve. This is the only method by which you may advertise on our behalf.
2.4 Affiliate Website
You will be solely responsible for the development, operation and maintenance of the Affiliate Website and for
all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is
compliant with all applicable laws, including General Data Protection Regulation (GDPR), and functions as a
professional website.
You will not present the Affiliate Website in such a way so that it may cause confusion with the Company
Websites, or so that it may give the impression that it is owned or operated by Company.
The Affiliate Website will not contain any defamatory, libellous, discriminatory or otherwise unsuitable
content (including, but not limited to, violent, obscene, derogatory or pornographic materials or content which
would be unlawful in target country).
2.5 Valid traffic and good faith
You will not generate traffic to Company Websites by registering as a New Customer whether directly or
indirectly (for example by using associates, family members or other third parties). Such behaviour shall be
deemed as fraud.
You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable
suspicion that any New Customer referred by you is in any way associated to bonus abuse, money laundering,
fraud, or other abuse of remote gaming websites, you will immediately notify us of this.
You hereby recognise that any New Customer found to be a bonus abuser, money launderer or fraudster or who
assists in any form of affiliate fraud (whether notified by you or later discovered by us) does not count as a
valid New Customer under the Affiliate Agreement, and thereby no Commission shall be payable in relation to such
New Customers.
2.6 Unsuitable websites
You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our
Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal
pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the
intellectual property rights of any third party or of the Company, or breach any relevant advertising
regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be
featured.
2.7 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate
Website.
You will only use Affiliate Links provided by Company within the scope of the Affiliate Program. Masking your
Affiliate Links (for example hiding the source of the traffic sent to Company’s Websites) is also
prohibited.
2.8 Email and SMS marketing
If sending any emails or SMS communications to individuals which (i) include any of Company’s Intellectual
Property Rights; or (ii) otherwise intend to promote Company Websites, you must first obtain our permission to
send such emails.
If such permission is granted by the Company, you must then ensure you have each and every recipient’s explicit
consent to receive marketing communications in the form of communication to be sent (i.e. by SMS or email) and
that such individuals have not opted out of receiving such communication. You must also make it clear to the
recipient that all marketing communications are sent from you and are not from our Company.
2.9 Use of Company Intellectual Property Rights
Any use of Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you
from time to time and are always subject to the approval required in clause below.
You will not register domain names, as well as search terms or other identifiers for use in any search engine,
portal, app store, sponsored advertising service or other referral service which are identical to any of the
Company’s trademarks or otherwise include the Company trademarks.
2.10 Approved creative
You will not use any advertising layout or creative (including banners, images, logos) incorporating our
Intellectual Property Rights unless the advertising layout or creative was provided to you by the Company or (if
advertising layouts are created by you) without the advance written approval of Company. You will not modify the
appearance of any advertising that has been provided to you or for which approval was granted.
It is your responsibility to seek approval from Company in time for launch of any advertising campaign or
creative, to ensure you have written approval from the Company in relation to advertising, and to be able to
evidence such approval upon request.
2.11 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on
the Company Websites.
2.12 Responsible Gaming
The Company has ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to
actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any
material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
2.13 Illegal activity
You will not target any territory or jurisdictions where gambling is illegal. You will act within the relevant
and / or applicable law at all times and you will not perform any act which is illegal in relation to the
Affiliate Program or otherwise.
2.14 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any existing or new data
protection acts, regulations or law applicable to your territory. This includes all applicable legislation
and/or regulations relating to the use of ‘cookies’.
2.15 Cost and expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations
under the Affiliate Agreement.
2.16 Company monitoring of Affiliate activity
You will immediately give Company all such assistance as is required and provide us with all such information
as is requested by Company to monitor your activity under the Affiliate Program.
2.17 Commissions paid incorrectly
The Affiliate agrees to immediately upon request by Company, return all Commissions received based on New
Customers referred to Company in breach of the Affiliate Agreement or relating to fraudulent or falsified
transactions.
3. AFFILIATE RIGHTS
3.1. Right to direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct
New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the
Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by persons
or entities other than you.
3.2. Licence to use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable licence, during the term of this Affiliate Agreement, to use
the Company Intellectual Property Rights, which we may from time to time approve solely in connection with the
display of the promotional materials on the Affiliate Website or in other such locations as may have been
expressly approved (in writing) by Company. This licence cannot be sub-licensed, assigned or otherwise
transferred by you.
3.3. Players’ Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not
have access to any Personal Data of Company’s customers.
4. COMPANY OBLIGATIONS
4.1. We shall use our best efforts to provide you with all materials and information required for necessary
implementation of the Affiliate Links.
4.2. At our sole discretion, we will register any New Customers directed to the Company Websites by you and we
will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if
necessary to comply with any requirements we may periodically establish.
4.3. We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level
of your Commission and the payment thereof.
4.4. We shall use and process the following personal data of an Affiliate or any Affiliate employee, as
follows: your username for logging in, your email address, name, date of birth, your country and address,
telephone number and financial data for the purposes of ensuring a high level of security, fulfilling the AML
legal requirements and for managing our business relationship.
4.5. Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance
with Clause 6.
5. COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in
performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have
the following remedies available:
a) the right to suspend your participation in the Affiliate Program for the period required to investigate any
activities that may be in breach of the Affiliate Agreement. During such period of suspension payment of
Commissions will also be suspended;
b) the right to withhold any Commission or any other payment to the Affiliate arising from or relating to any
specific campaign, traffic, content or activity conducted or created by the Affiliate which is in breach of the
Affiliate’s obligations under the Affiliate Agreement;
c) the right to withhold from the Commission monies which Company deems reasonable to cover any indemnity given
by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s
breach of the Affiliate Agreement;
d) immediately terminate the Affiliate Agreement;
e) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3
(three) months from the date of the termination of the Affiliate Agreement in accordance with clause 9.1.
Our rights and remedies detailed above shall not be mutually exclusive.
6. COMMISSION AND PAYMENT
6.1. Subject to your adherence to the provisions of the Affiliate Agreement, you will earn Commission in
accordance with the Commission Structure. We retain the right to change the Commission percentage and method of
calculation of Commission in accordance with this clause.
6.2 The Commission is calculated at the end of each month and payments shall be made on a monthly basis in
arrears, not later than the 10th of the following calendar month.
6.3. Payment of Commission will be made through our Affiliate Wallet. Due to existing regulations, Affiliates
may be required for verification and “know your customer” documentation before a withdrawal can be
accessed.
6.4. Affiliate Commission should reach a minimum amount of €20 (twenty euro) in a calendar month to be credited
to Affiliate Wallet. Minimal withdrawal amount from the Affiliate Wallet is €20 (twenty euro).
6.5. 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.
6.6. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its
commission structure.
6.7. 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 of 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.
6.8. 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. STANDARD COMMISSION STRUCTURES
25% of NGR, if monthly First Time Deposits is equal or below 15,
30% of NGR, if monthly First Time Deposits is from 16 to 30,
35% of NGR, if monthly First Time Deposits is from 31 to 50,
40% of NGR, if monthly First Time Deposits is from 51 to 99,
45% of NGR, if monthly First Time Deposits is 100 and more
No Negative Carryover
8. CONFIDENTIAL INFORMATION
During the term of the Affiliate Agreement, you may from time to time be entrusted with confidential
information relating to our business, operations, or underlying technology and/or the Affiliate Program
(including, for example, the Commissions earned by you under the Affiliate Program).
You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or
outside parties unless you have our prior written consent. You also agree that you will use the confidential
information only for the purposes of the Affiliate Agreement. Your obligations in regards to this clause survive
the termination of this Agreement.
In addition, you must not issue any press release or similar communication to the public with respect to your
participation in the Affiliate Program without the prior written consent of the Company (with approval of the
exact content to also be approved by Company).
9. TERM AND TERMINATION
9.1. Term
The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous
unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this
case the Agreement will be terminated 30 days after such notice is given. Termination can be only initiated in
case of valid reason such as breach if GDPR, false advertising, spamming, breaking the agreement or details of
private deal etc.
For the avoidance of doubt, Company may also terminate (in accordance with Clause 5 above) upon immediate
notice at any time for the Affiliates failure to meet their obligations under the Agreement or otherwise for the
Affiliate’s negligence.
9.2. Affiliate actions upon termination
Upon termination you must immediately remove all of Company banners or creatives from the Affiliate Website and
disable all Affiliate Links from the Affiliate Website to all Company Websites.
All rights and licenses given to you in the Affiliate Agreement shall immediately terminate.
You will return to Company any confidential information and all copies of it in your possession and control,
and will cease all uses of all Company Intellectual Property Rights.
9.3. Commission
Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers
directed to Company during the term shall not be payable to the Affiliate as from the date of termination.
10. MISCELLANEOUS
10.1. Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about
Company or the Commission payment arrangements (including, without limitation, functionality, warranties of
fitness, merchantability, legality or non-infringement). In addition, we make no representation that the
operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there
are any. In the event of a discrepancy between the reports offered in the Affiliate Account system and the
Company database, the database shall be deemed accurate.
10.2. Indemnity and Limitation of Liability
You shall indemnify and hold Company, our directors, employees and representatives harmless from and against
any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected
with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and
obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly
by your negligent or intentional acts or omissions, or the unauthorised use of our creatives and links or this
Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss
of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate
Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
10.3. Non-Waiver
Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute
a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate
Agreement.
10.4. Relationship of Parties
The Company and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create
any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
You will have no authority to make or accept any offers or representations on our behalf. You will not make any
statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.
10.5. Force Majeure
Neither party shall be liable to the other for any delay or failure to perform its obligations under the
Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, 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 such event occurs, the
non-performing Party is excused from whatever performance is prevented by the event to the extent prevented
provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either
Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
10.6. Assignability
You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written
consent.
10.7. Severability
If any provision of the Affiliate 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 the Affiliate Agreement or any provision hereof.
10.8. English language
The Affiliate Agreement was first drafted in English. Should there be any conflict or discrepancy between the
English language version and any other language, the English version shall prevail.
10.9. Modification of Terms & Conditions
We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site and sending information email to all affiliates. Modifications may include, for example, changes in the scope of available Commissions, Fees (including Admin fee) and Affiliate Program rules.
If any modification is unacceptable to you, your need to terminate the Affiliate Agreement. Your continued
participation in our Affiliate Program following our posting of a change notice or new agreement will constitute
binding acceptance of the modification or of the new agreement.
If affiliate has uniqe deal based on private agreement and do not follow agreement details, we reserve the
right to change an Affiliates commission payment plan to default.
Provided that this change is notified to the Affiliate via the provided Affiliate contact email.
LTC CASINO Affiliate Program
