Terms & Conditions of the Lottoland Affiliate Program
Last change: 30.11.2018 (version 2.3)
These Terms and Conditions (“T&C”) may be updated from time to time without notice and will become binding upon publication. You can review the most current version of the T&C any time on this page.
Table of Content Terms and Conditions:
1.1 In these Terms and Conditions, the following definitions apply:
Affiliate: the person, firm or company supplying the Affiliate Services.
Affiliate Services: the advertising and promotional services performed by the Affiliate under this Contract.
Business Day: a day other than a Saturday, Sunday or a public holiday in Gibraltar.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time in accordance with clause 3.
Contract: the contract between Lottoland and the Affiliate incorporating these Conditions.
Commission: the payments due to the Affiliate from Lottoland under this Contract (which may comprise a percentage share of Player Deposit and/ or a Fixed Payment) as set out on http://www.lottolandaffiliates.com or, if different, as detailed on the Affiliate’s Income Access account or agreed between the parties in writing.
Fixed Payment: a fixed and one-off payment to the Affiliate from Lottoland regardless of the number of Players.
Intellectual Property Rights: all patents, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Lottoland: Lottoland Ltd., is a Gibraltar registered Corporation with the registry number 109495 and business address in Suite 3-3, Leisure Island Business Centre, 23 Ocean Village Promenade, Gibraltar.
Lottoland affiliate website: The website under the domain on http://www.lottolandaffiliates.com where Lottoland provides information about and the possibility to sign up for the Lottoland Affiliate Program.
Lottoland Materials: has the meaning given in clause 4.2 and shall include any other material given to Affiliate by Lottoland from time to time.
Lottoland Website: the web pages (including www.lottoland.com) operated by Lottoland, relating to the online business carried on by Lottoland.
Income Access: the affiliate management software known as “Income Access” proprietary to 2020 Robert-Bourassa, Suite 2330, Montreal, Quebec, Canada H3A 2A5
Income Access ID: an account with Income Access dedicated to the Affiliate.
Player: any person who registers an account with Lottoland and money deposits having been referred to Lottoland by the Affiliate pursuant to the Affiliate Services.
Player deposit: The net amount deposited on the Lottoland website by the player
1.2 The clause headings and sub-headings are for guidance and clarity only and shall not be binding on the parties in the event of any conflict with the provisions of the clauses.
2. Registration for the Affiliate Program
2.1 By submitting an application form to become an affiliate of Lottoland, the Affiliate makes an offer to Lottoland to be bound by this Contract.
2.2 Lottoland can accept the offer within an adequate timeframe. The offer is deemed to be accepted in the event:
(a) Lottoland expressly informing the Affiliate in writing (as well via email) or on the telephone that it has been accepted; or
(b) any act by Lottoland consistent with appointing the Affiliate as an affiliate (for example, by assigning a Income Access ID to the Affiliate), at which point and on which date the Contract shall come into existence (the “Commencement Date”).
2.3 In the absence of any act described in 2.2 by Lottoland, the offer is deemed as declined. Lottoland reserve the right to refuse any application at its discretion and without giving reasons. An entitlement to the partner against Lottoland does not result from this.
3. Subject of Change
3.1 These conditions apply for the contract to the exclusion of all other conditions, which the affiliate wants to enjoin or include or which are implied by industry, commercial practice, practice or usual processing.
3.2 Lottoland is entitled to modify these conditions at any point. Modifications become effective by advising the affiliate of the modifications on the Lottoland affiliate website. Modifications become effective on the following day at 00:00 O’clock.
3.3 The commissions are conditionally to the right of Lottoland to modify the reward plan at any time. Modifications become effective by advising the affiliate of the modifications on the Lottoland afiliate website. Modifications become effective on the following day at 00:00 O’clock.
3.4 Any further side-agreement require agreement in written form and the signature of both contracting parties.
4. Obligations of Lottoland
Provision of Income Access ID
4.1 As soon as reasonably possible after the Commencement Date, Lottoland will provide the Affiliate with a Income Access ID which will enable the Affiliate to access Income Access in order to manage its provision of the Affiliate Services.
Provision of materials
4.2 Lottoland will use reasonable endeavors to provide the following Lottoland Materials to the Affiliate through Income Access:
(a) graphic content for use in banner ads or other web content;
(b) details of promotions or offers that Lottoland is running and which may be promoted by the Affiliate; and
(c) tracking code to be inserted by the Affiliate onto the Affiliate’s website.
4.3 Lottoland will use reasonable endeavors to provide statistical information relating to the Affiliate Services including the number of referrals and the Commission earned by the Affiliate.
Other obligations and terms
4.4 The Affiliate acknowledges that Income Access is provided by a third party under license and accordingly Lottoland provides no guarantees to the Affiliate in relation to the availability, functionality or performance of Income Access.
4.5 Whilst Lottoland endeavors to ensure that the Lottoland Website is fully operational at all times, it provides no warranties or representations as to the uptime, availability or functionality of the Lottoland Website and the Affiliate acknowledges that Lottoland may take the Lottoland Website down at any time and for any reason, including for routine or emergency maintenance.
4.6 The parties acknowledge and agree that Lottoland will be solely responsible for the provision of services to the Player on the Lottoland Website and that any contract in relation to the same shall be between the Player and Lottoland.
5. Obligations of the Affiliate
5.1 For the duration of the Contract, the Affiliate will:
(a) market and promote the Lottoland Website with the aim of introducing new players to Lottoland;
(b) comply with any guidelines or instructions given to it by Lottoland;
(c) comply with all applicable laws and regulations and the UK Gambling Commission License conditions and codes of practice,
(d) provide such information to Lottoland as it may reasonably require in order to enable the licensee to comply with their information reporting and other obligations to the UK Gambling Commission;
(e) use the Company Materials solely for the purpose of performing the Affiliate Services;
(f) keep its Income Access ID and password secure and take all reasonable steps to avoid unauthorised access by any third party;
(g) be solely responsible for checking the correct functioning of any tracking code and links provided to it as part of the Company Materials; and
(h) be solely responsible for all aspects of the provision of the Affiliate Services including, for example, the costs of setting up and maintaining its website or other promotional material.
(i) when promoting Lottoland, to remain fully compliant in regards of copy and creative. For UK, Australia and other English speaking markets, using terms such as Bet when promoting a Lottery and not misleading users into thinking they are purchasing a lottery ticket, by using terms such as 'tickets', 'play’, and 'lines'.
(j) affiliate must use only the links, creative and copy provided in the Income Access platform. Any affiliate using any other links, creative or copy may have their commission declined and also suspended from the Lottoland Affiliate programme indefinitely.
(k) have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
5.2 The Affiliate warrants, undertakes and represents that it will not:
(a) undertake any activity or publish any material (whether on its website or otherwise) which is illegal, defamatory, discriminatory, obscene, unlawful or which is sexually explicit, pornographic or otherwise distasteful;
(b) publish any material that infringes upon the intellectual property or other rights of Lottoland Ltd or any third party
(c) publish any material on a website that infringes upon the intellectual property or copyrights of Lottoland or any other third party (the updated list of websites can be found here - https://llcrm.s3.amazonaws.com/copyright/copyright_infringement_websites.pdf)
(d) actively target persons under the age of 18 or persons located in any jurisdiction where gambling or the promotion of gambling is unlawful (including those jurisdictions listed on Lottoland’s terms and conditions www.lottoland.com/en/terms);
(e) send spam emails, text messages or other communications whether electronic or otherwise;
(f) use metatags or code which infringe the Intellectual Property Rights of any third party;
(g) use any material other than the Company Materials for the purposes of performing the Affiliate Services;
(h) hold itself out (by way of its website or otherwise) as Lottoland and will not make any representations about any services provided by Lottoland unless authorised by Lottoland;
(i) do anything which may give rise to a risk of confusion between the Affiliate and Lottoland;
(j) engage in any practice which may be considered deceptive or a nuisance such as altering browser home pages without informed consent, supplying or downloading software which does not function as advertised, installing software covertly, dropping cookies or using multiple or forced pop-up screens;
(k) other than as contained in the Company Materials, use the names, logos, trade marks, slogans or any other intellectual property owned or used by Lottoland.
5.3 In relation to marketing emails, the Affiliate will ensure that it complies with applicable legislation and shall only send marketing emails to persons who have consented to receive them or with whom the Affiliate has an existing business relationship. All marketing communications have to contain clear information about the identity of the sender and have to provide details of how the recipient can unsubscribe.
5.4 It is the responsibility of the Affiliate to properly implement the Company Materials. Lottoland will not be liable to pay any Commission to the Affiliate in relation to any revenue earned that is not tracked through Income Access due to the acts or omissions of the Affiliate.
5.5 In relation to Social Media, all partners must contact Lottoland before proceeding with any promotional activity to ensure that we are all compliant with the legal restrictions for the respective network. Any unauthorised content could have consequences that will affect the affiliate programme.
5.6 In relation to advertising, the Affiliate must ensure that any marketing of free bets and bonus offers do not amount to or involve misleading actions or misleading omissions and abide by the relevant provisions contained within the CAP and BCAP rules and associated guidance. In particular, where a free bet or bonus offer is displayed, the terms and conditions associated with such a promotion must be visible with sufficient prominence, does not take the customer to a log-in or join sections without providing terms and conditions of the offer and ensures that any such conditions must be above the fold for both web and email marketing. Where display are limited in both time and space, the terms and conditions are not more than one click away and the link is displayed with sufficient prominence.
6. Payment Method / Rewarding of Affiliates
6.1 Lottoland will pay a Commission to the Affiliate unless;
(a) An Affiliate account is suspended or closed due to fraudulent activity (including high number of chargebacks) (as determined by Lottoland in its absolute discretion)
(b) An Affiliate account is suspended or closed if the Affiliate has not driven a new depositing player in a 3 month period.
(c) An Affiliate will not be rewarded and/or be entitled to a Commission for free stake customers. This includes Free Lotto Bets, Free Game Plays and Free Spins.
Calculation and payment
6.2 The Commission will be calculated on a monthly basis and subject to the remaining provisions of this clause 5 will be paid within 30 days of the end of the calendar month in which the Commission accrued.
6.3 Lottoland may, without limiting its other rights or remedies, set off any amount owed to it by the Affiliate against any amount payable by Lottoland to the Affiliate as agreed in the Contract.
6.4 Except in the case of manifest error or fraud, Lottoland´s calculation of Commission shall be final.
6.5 All amounts payable by Lottoland under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by the Affiliate to Lottoland, Lottoland shall not pay to the Affiliate such additional amounts in respect of VAT as are chargeable.
6.6 No sums shall be paid in any month unless the Commission due is at least £50/ €50 (the “Threshold”). If the Commission is less than the Threshold in any month, such Commission shall be carried forward to the following month and shall be payable in accordance with clause 6.2 when cumulative Commission is equal or greater than the Threshold.
6.7 There will be no carry over of any negative net revenue in any month.
Negative carryover of chargebacks
6.8 In the event of a negative net deposit figure due to chargebacks received this figure will be carried over to the following month. If the account has a negative balance for two consecutive months the affiliate is obliged to refund the commissions that were paid to the affiliate in relation to the chargeback amount.
Suspension for inactivity
6.9 In addition to Lottoland’s rights at clause 6.1, Lottoland reserves the right to suspend the Affiliate’s access to the Software and to suspend Commission payments if the Affiliate fails to refer any new depositing Players to Lottoland in a 3-month period. Reinstatement will be at the absolute discretion of Lottoland.
Method of payment
6.10 The available methods of payment are determined by Lottoland and detailed on the Lottoland affiliate signup form. The affiliate can, after successful verification of their given data by the responsible Person at Lottoland, let Lottoland payout his commissions to him through any available payment method. A minimum amount of payout can be determined according to the chosen method of payment.
Other payment provisions
6.11 Lottoland may withhold payment of any Commission if it has reasonable grounds for believing that the Affiliate has breached any term of this Contract or has acted dishonestly.
6.12 Lottoland may also withhold payment of any Commission if it has reasonable grounds for believing that the payment of such Commission may cause Lottoland or the Affiliate to be in breach of any applicable laws, rules or regulations in any jurisdiction.
6.13 The Affiliate agrees to promptly repay to Lottoland on demand any monies already paid to it arising from any of the circumstances set out in clauses 6.8 together with all reasonable legal costs and other expenses incurred by Lottoland in investigating the matter and recovering any losses that it has suffered.
6.14 Lottoland will only pay commissions on promotions that Lottoland itself has put online on this platform and made available to Affiliates. Lottoland will not pay a commission for any promotion which is uploaded to this platform by a party other than Lottoland. Lottoland reserves its right to terminate the existing business relationship with any Affiliate in breech of this condition with immediate effect.
7. Intellectual property and domain names
IP rights of the contractual parties
7.1 Each party shall retain all Intellectual Property Rights in its name, logos, slogans, trademarks and any other material that it currently uses or may use in future.
Grant of limited license
7.2 Lottoland grants to the Affiliate a non-exclusive, revocable, royalty-free license to use the Company Materials for the duration of this Contract solely for the purposes of performing the Affiliate Services. Except as provided in this Contract or by law, the Affiliate shall not be permitted to copy, modify or reverse engineer the Company Materials.
7.3 The Company Materials are provided without any warranties or representations as to their accuracy or non-infringement. The Affiliate undertakes to inform Lottoland immediately in the event that it receives notification of any kind of infringement and will immediately remove the infringing Company Materials from its website.
Company materials owned by Lottoland
7.4 All Company Materials are, and shall remain, the exclusive property of Lottoland and shall remain as such notwithstanding the use of the same by the Affiliate.
7.5 The Affiliate agrees that it will not bid on any keywords or search terms used by internet search engines if the keyword or search term is identical to or might possibly be confused with any trade marks, slogan or other intellectual property utilised by Lottoland unless permission is given in writing.
No domain name registration
7.6 The Affiliate will not attempt to register any domain names with any resemblance to “Lottoland” or any other domain name owned or used by Lottoland save that the Affiliate will be permitted, for the purposes of this Contract only, to include the words “Lottoland” as a resource identifier in a URL (for example: http://www.affiliatename.com/lottoland). Lottoland will provide details of its registered domains on request.
Cash-Back, Bonus or Retargeting-Partner and advertisement for third parties
7.7 The Affiliate will not attempt to build up own Cash-Back, Bonus, Retargeting or similar programs nor will they combine Lottoland promotions with offers of third parties or bind them to offers of third parties. Every such attempt requires the explicit written confirmation by Lottoland.
Forwarding pages and domains
8. Indemnification Clause
8.1 The Affiliate shall keep Lottoland indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by Lottoland as a result of or in connection with:
(a) any claim made against Lottoland by a third party arising out of, or in connection with, the supply of the Affiliate Services, to the extent that such claim arises out of the breach or negligent performance of the Contract by the Affiliate, its employees, agents or subcontractors; and
(b) any claim made against the Affiliate by a third party arising out of, or in connection with, the supply of the Affiliate Services, to the extent that such claim arises out of the breach or negligent performance of the Contract by the Affiliate, its employees, agents or subcontractors; and
(c) any claim brought against Lottoland for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with the Affiliate Services (save where the claim has arisen due to the acts or omissions of Lottoland).
8.2 This clause 8 shall survive termination of the Contract.
9.1 Save for any liability arising under clause 8.1, neither party shall be liable to the other for any:
(a) loss of revenue or profits;
(b) loss of business;
(c) loss of data;
(d) loss of goodwill;
(e) wasted management or office time;
(f) special, indirect or consequential loss.
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 Lottoland shall not be liable to the affiliate for any losses of the affiliate due to direct or indirect damages or secondary damages, no matter if by unauthorized (including negligent and crossly negligent), breach of contract or otherwise.
9.3 Lottoland 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 Income Access or the Lottoland Website.
9.4 The Affiliate acknowledges that the Contract is made between the Affiliate and Lottoland and that Income Access shall have no liability in relation to any dispute arising from it.
9.5 Nothing in this Contract limits or excludes any liability for death or personal injury arising from negligence or for liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter.
10. Duration of Contract and Cancellation
Termination at any time
10.1 Either party may terminate this Contract at any time (and without needing to give reasons) by serving notice on the other party in writing.
Consequences of termination
10.2 On termination of the Contract for any reason the Affiliate shall immediately cease providing the Affiliate Services and shall:
(a) remove all Company Materials and any references to Lottoland from its website together with any other references to Lottoland;
(b) destroy any electronically stored information that the Affiliate has been given by Lottoland (including any Company Materials that the Affiliate has downloaded);
(c) return to Lottoland any hard copies of materials supplied to it by Lottoland and destroy any hard copies of materials produced by the Affiliate for the purposes of performing the Affiliate Services; and
(d) on request, certify to Lottoland that it has complied with the provisions of this clause.
No trailing Commission
10.3 On and from the date of termination of the Contract, Lottoland shall have no further obligation to pay any Commission to the other than in relation to Commission accrued up to the date of termination.
Last payment to the Affiliate
10.4 The last payment to the Affiliate by Lottoland can, with reasonable grounds be withheld for up to 6 months (end of period of writing back of payments). At the latest at the end of this timeframe any remaining balance will be paid out completely.
Removal of access to Income Access
10.5 Lottoland will withdraw the Affiliate’s account on or as soon as practicable after termination of the Contract.
11. General conditions
11.1 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under the Contract if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that party which by its nature could not have been foreseen by such a party or if it could have been foreseen was unavoidable.
Assignment and subcontracting
11.2 The Affiliate shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Lottoland.
11.3 Lottoland may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
Waiver and cumulative remedies
11.4 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.5 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
11.6 If a court or any other competent authority finds that any provision (or part of any provision) of the Contract is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
11.7 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No partnership or procuration
11.8 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. The Affiliate shall not have authority to act as agent for Lottoland, or enter into a commitment for Lottoland
No rights for third parties
11.9 A person who is not a party to the Contract shall not have any rights under or in connection with it.
Governing law and jurisdiction
11.10 The Contract is subject to Gibraltar Law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
11.11 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Gibraltarian law and jurisdiction of the courts in Gibraltar.
11.12 The contractually parties agree on the irrevocable competence of the Courts of Gibraltar.