This document (the "Agreement") sets out the terms and conditions agreed between (Trada Games Isle of Man Limited (hereinafter "Trada Games"), a company duly registered under the laws of the Isle of Man by means of having its registered office at 227 Clinch's House, Lord Street, Douglas, Isle of Man, IM99 1RZ and being regulated and licensed by the Government of the Isle of Man and the person/company set out on the relevant application form (hereinafter "the Affiliate"), regarding the Affiliate’s application to join (and if the Affiliate’s application is successful, the Affiliate’s membership of) Trada Games’ affiliate program (hereinafter “Affvantage”, or “Affvantage Affiliates Program”) and to promote TradaCasino.com (hereinafter “Site”) and the creation of internet hyperlinks from the Affiliate’s website to this Site (hereinafter the "Links").
"Affiliate" means any natural and legal persons who, after having entered into Affvantage Affiliate Terms and Conditions, makes space on their homepage, website, other media platform or e-mail, etc. ("Affiliate Site" or "Advertising Space") available to Affvantage for the marketing of the Business and/or Services and acquisition of New Depositors.
“Sub-Affiliate” means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on his homepage, website, email or other media platform available to Affvantage for the marketing of the Business and/or Services and the acquisition of New Depositors."
"Bonuses" means any so-called “Cashback”, "free money", "free bets", "free-games", "money-back", "top-ups" and/or similar; and/or vouchers, rebates, discounts and/or similar that the New Depositor can utilise as payment for stakes (bets).
"Brand" means the name, concept or identity under which the Services or Business is generally, and from time to time, recognised in the public domain worldwide. The Brand is and remains the sole property of Trada Games.
"Business" means the Trada Games’ business consisting of Fixed Odds Betting, Other Betting and Gaming Activities and New Activities.
"Confidential Information" means any information of a commercial value, essential for any of the Parties, such as, but not limited to: technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Depositor lists, prospect and New Depositor data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
“Commission” means the compensation due to the Affiliate based on the agreed percentage of Gross Profit generated by the New Depositor at Site.
"Database" means the database regarding Affiliates and New Depositors, containing any Trada Games proprietary New Depositor data with relevance to the Agreement, including without limitation personal data and contact information, and excluding all other Trada Games databases, as it stands as of the date of this Agreement, and as it stands until the date of this Agreement being terminated. The Databases are assets of a financial value belonging to Trada Games and represent a substantial investment made by Trada Games.
"Intellectual Property Rights" means any rights in computer software (including source codes), rights in databases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights in the nature of any of the aforesaid items.
"New Activities" means any services or products related to the Business which are not offered through Trada Games websites as of the date of this Agreement and which will be offered through Sites following the date hereof, such as the provision of Sports Betting or Poker game play.
"New Depositor" means a new customer having made, in compliance with the from time to time existing Trada Games terms and conditions (‘the Rules’), a first minimum deposit with the Sites, or the equivalent amount in any other of Trada Games accepted currencies and which deposit is utilised for bona fide transactions with an ultimate aim to establish and enter a normal commercial relationship with Trada Games within the framework of the Business.
"Gross Profit" means the total sum of the following components:
"Payment Agent" means the person appointed by Trada Games to carry out on its behalf and make payments to the Affiliates.
"Personal data" means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Depositors and/or Affiliates.
"Services" means the concept under which the Business is generally provided and, from time to time, made available in the public domain, in the format of language and localised customised homepages combined with call centre staff having the relevant language skills.
"Technical Platform" means a technical tool, back office modules, functionalities and data, for instance PariPlay Limited, to record, register and monitor the relevant Affiliate activities, Business and other activities between Trada Games and New Depositors, which materialise via the advertising space of the Affiliate concerned, ultimately allowing the management of Affiliates‘ New Depositor accounts opened at Site.
"Trada Games" means Trada Games Isle of Man Limited and any of the subsidiaries of Trada Games Isle of Man Limited, or any name the company trades as, such as TradaCasino or Affvantage. The contractual party in this Agreement, notably for payment, invoicing and other financial purposes, is and remains solely Trada Games Limited.
Trada Games makes no representation that the operation of the Site will be uninterrupted or error-free and Trada Games will not be liable for the consequences of any interruptions or errors.
The Affiliate (the "Indemnifying Party") shall indemnify on demand and hold harmless Trada Games and each of its associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non-observance by such Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement.
Should one of the contractual provisions be or become ineffective, said ineffective provision will be replaced by one which shall come as close as possible to the commercial purpose of the ineffective provision. All other stipulations of the agreement shall continue in full force and effect.
This may be executed in any number of counterparts, each of which when executed and delivered shall be an original, however, all counterparts together shall constitute one and the same instrument.
The Terms & Conditions were last updated on 19th November 2015.