Affiliate program terms and conditions

In order to participate in our Affiliate program, please, confirm by clicking the button in registration form. You confirm your consent to be bound by all the Terms and Conditions set out in this Agreement accessing and utilizing any of the Heroic Affiliates' Marketing Tools or accepting any reward, bonus or commission, whether contained in this Agreement or elsewhere on our website. For purposes of clarity, the terms “We” and "Operator" refer to Heroic Affiliates, and "You", "Affiliate " and "Partner" refer to the other party to the contract formed by the acceptance of these Terms and Conditions.

Registration

For registration, please, read these Terms and Conditions and submit a complete Heroic Affiliate Partner Account application to us via our website. We will evaluate your application and notify you whether it was accepted. Your application will be rejected if we determine, in our sole discretion, that your traffic source is unsuitable for any reason, including but not limited to, the sites that are under construction, aimed at children, promote sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as well as the sites involved in illegal activities or violating the intellectual property rights.

Terms

Operator

means Dama N.V., a company registered and established under the laws of Curacao. Dama N.V. is licensed and regulated by Antillephone N.V. (license no. 8048/JAZ2020-013). Dama N.V.’s registration number is 152125 and its registered address is Julianaplein 36, Willemstad, Curaçao (the Operator). The Operator provides marketing services to the brands it controls.

Affiliate

a webmaster (individual or legal entity) who accepts a public offer on the website heroicaffiliates.com and works on promoting the Operator’s products via the Heroic Affiliate program in the Internet (the Partner);

Affiliate Program

a marketing agency specializing in attracting visitors to the Operator’s website by using Affiliate schemes;

Players

persons who came to the Operator’s website using the Partner’s link and registered personal account;

Earnings

the Partner’s commission percentage of the Operator’s profit from the players attracted by the Partner;

Payout

accrual of funds earned by the Affiliate from the internal account in the Affiliate Program to any external payment system supported by the Affiliate Program;

Net income

the difference between the total amount of money received by the Operator via Heroic Affiliate Program from players and the following costs: the amount of money paid to players as winnings; bonuses and/or bonuses for loyalty; commissions for financial transactions; costs due to fraud; chargebacks returned bids; taxes and fees; contribution to the progressive jackpot; any payments to a third party for the provision of games and gaming software;

Reporting period

the time period during which the accumulation and calculation of money earned by the Affiliate with the purpose of subsequent withdrawal of the latter to external payment systems takes place;

Promotional materials

are the tools used by Affiliates to promote the services of the Operator via the Affiliate Program both in the Internet and beyond.

Heroic Affiliate Program terms and conditions

1

When starting to work with the Heroic Affiliate Program, each Partner must read and accept these terms of the Affiliate Program, as well as agree to receive email newsletters, SMS messages and calls from the Affiliate Program.

2

By participating in the Affiliate Program, the Affiliate agrees that these terms and conditions of the Affiliate Program are subject to change without prior notice of the Affiliate.

3

By accepting the terms of the Heroic Affiliate program, the Affiliate confirms that he is 18 or more years old.

4

The Affiliate is fully responsible for the safety of personal confidential data for entering the Heroic Affiliate Program system (login and password). The Affiliate Program is not responsible for the loss of personal confidential data by the Affiliate.The Partner hereby confirms and warrants that all the information provided to the Heroic Affiliate Program in the online application form is true and complete. The Partner is obliged to promptly update such information if all or any part of it changes.

5

The Partner confirms that it operates the Partner website under its own name and that it is fully and without any restrictions authorized to dispose thereof.

6

The Heroic Affiliate Program reserves the right to refuse to cooperate with a particular Affiliate without giving reasons.

7

The Partner shall guarantee that the material shown on the Partner website does not contravene any rights of third parties (including copyright and trademark rights, the general right of personality or any other rights).

8

The Heroic Affiliate Program strictly prohibits its Partners from using email spam as a tool to promote Operator’s services, as well as other sources indicated in the FAQ section of this website. In the event that the Affiliate's actions related to the use of spam mailings, as well as other prohibited sources, the Affiliate Program reserves the right to close the Affiliate’s personal account in the Heroic Affiliate system without subsequent payment of funds.

9

Partners are allowed to use the information available on the website and in the project lobby in their own presentation. Texts from the website copied "as it is" can become a reason for terminating cooperation with Affiliate.

10

The Heroic Affiliate program reserves the right to request from the Affiliate traffic sources on which the Affiliate advertises the brand that is under control of the Operator. If the Affiliate categorically refuses to present these sources, the Affiliate program reserves the right to refuse to cooperate with the Affiliate.

11

The Heroic Affiliate Program reserves the right not to reward Affiliates for players who joined by one of the CPA models, if they have several existing accounts on the brand website. The Affiliate Program reserves the right to close the accounts of Affiliates working on CPA, which have an abnormally high percentage of players with multi-accounts.

12

The Affiliate Program reserves the right to freeze payments to the Affiliate if the administration of the Affiliate Program or the administration of the brand that is under control of the Operator has the reason to believe that the Affiliate has violated the rules of working with the Affiliate Program. Payments can be frozen for any period until the circumstances are clarified. Based on the results of the verification, the Affiliate Program reserves the right to block the Affiliate’s account without payment if the Affiliate has violated the rules of working with the Affiliate Program.

13

The Affiliate Program has the Last cookie wins rule, which means that the player will be assigned to the partner's Refcode, which took him to the website last.

14

Providing a Partner with knowingly untrue information about traffic sources entails account blocking.

15

The Heroic Affiliate Program does not provide Affiliates with confidential information and statistics of attracted players, except for that which the Affiliate can independently see in the Affiliate Program personal account.

16

Heroic Affiliate Program prohibits the use of 2 or more affiliate accounts. If Affiliate Program should discover, using information it deems appropriate in the circumstances, that the Partner is operating more than one affiliate account, this Agreement shall terminate and the Partner will forfeit all rights to commissions and referral bonuses.

17

Users sent to the Affiliate Program from Affiliates are considered players of the Operator. The Affiliate waives all ownership of the data of these players after the transfer of these data to the Operator. The Affiliate undertakes subsequently not to contact these players and not to influence them in any way in their personal interests. Before these players pass the test according to the criteria of attracted customers, they will have an intermediate status of Operator Players.

18

The Affiliate Program does not bear any responsibility for the tools to attract players that the Affiliate uses.

19

All marketing activities should be within the framework of your country's laws. Also, your activity must comply with the terms of the Affiliate Program agreement.The Operator expressly states that the promotion or soliciting of bets and/or games is subject to legal restrictions in some countries and may even be prohibited in some cases. Thus, the Partner acknowledges that, should the promoting or soliciting of bets and games or the participation in prize games be prohibited under the rules and regulations of its country of domicile, or be permissible only under certain preconditions not met here, the Partner must not accept these Terms and Conditions, and must not enter into the Agreement with the Operator. Should any disadvantages whatsoever arise for the Operators or the Partner due to disregard of the relevant prohibitions in the country of domicile of the Partner, the Partner shall be exclusively liable for such disadvantages.

20

You undertake not to cause any damage to our reputation, not to put us in an unfavorable light in front of any person, and not to take any actions that may result in the Operator's reputation losses.

21

It is forbidden to interfere in any way with the operation of the Operator's websites. Any actions that may interfere with the operation of the websites in normal mode are strictly prohibited.

22

In terms of legal restrictions in a number of countries, the Affiliate Program prohibits (within the possible limits of control) opening or using the accounts by players from certain jurisdictions like the United States of America and its territories.

23

All Affiliates are required to refer a minimum of 5 active players within a three-month period of joining the program. Should an affiliate not reach this requirement, the affiliate account may be closed, though the Partner will have an opportunity to open a new affiliate account.

24

It's strictly prohibited for the Partner to register (or apply to register) any domain name similar to any domain name and brands used by or registered in the name of Operator.

25

The Operator grants to the Partner the non-exclusive, non-assignable right to direct players to the Operator`s Website in accordance with these Terms and Conditions. The Operator does not give the Partner an exclusive right or privilege to assist Heroic Affiliates in the provision of services arising from the Partner`s referrals.

26

The Partner will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes damage to the Operator. We reserve the right to retain all amounts otherwise due to the Partner under this Agreement, if we have reasonable cause to believe of such traffic.

27

We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated players are found to be abusing any Operator offers or promotions whether with or without your knowledge. Such situations should include but not be limited to different players betting both sides of an event or market so as to limit risk and claim bonuses.

28

The Heroic Affiliate program is intended for your direct participation. You shall not open any affiliate accounts on behalf of other participants. It is prohibited to open an affiliate account for a third party, act as a broker, or transfer an affiliate account. If the Partner wants to transfer an account to another beneficial account owner, it must request written permission of the Operator to do so. Approval is solely at Heroic Affiliates discretion.

29

No affiliation can be made between our site and your site. You and us and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. The Partner has no authority to make or accept any offers or representations on behalf of an Operator or make any statement in any form that would contravene anything in these Terms and Conditions.

30

The Partner shall defend, indemnify, and hold the Operator, its members, subsidiaries, directors, officers, agents, and employees harmless from and against any and all liabilities, losses, damages and costs. These may include legal fees resulting from, arising out of, or in any way connected with any breach by the Partner of any warranty, representation or term, contained in this Agreement, the performance of Partner`s duties and obligations under this Agreement, the Partner`s negligence or any injury caused directly or indirectly by the Partner`s negligent or intentional acts, or omissions, and the awarding, use or misuse of the Affiliate program commission, or this Affiliate program.

31

A change of the URL address of the Partner website shall not constitute a change of these Terms and Conditions and the Agreement in whole, and shall not affect the rights and obligations arising from these Terms and Conditions.

32

Neither Partner nor friends or relatives (in particular, but not limited to wife/husband of Partner, parents, children or brothers/sisters) of Partner can act as acquired by Partner customers and take any actions on Operator website.

Affiliate program commission structure

Earnings of an Affiliate according to the Revshare model are formed at the expense of a share of the project’s net income from the players given by this Affiliate. The percentage of income depends on the player’s NGR for the reporting period, equal to 1 calendar month. The Operator has the right to change the Revshare model percentage and method of calculation of the referral commission.

NGR

The higher the NGR for the reporting period is, the higher the percentage you get. Cooperation with the Affiliate Program according to the CPA model must be activated by a personal manager.

Working with Partners’ negative balances procedure

In some cases, the Affiliate Program may not carry large negative balances to subsequent reporting periods. The Affiliate may contact the Affiliate Program manager with a request for restructuring of large negative balances.

Heroic Affiliate Program terms and conditions

1

The Revshare reporting period set by the Heroic Affiliate Program is equal to the calendar month.

2

Charges for the previous reporting period according to the Revshare model are made within five working days after the end of the reporting period.

3

Charges for the CPA model are made at the beginning of each week, on Mondays-Tuesdays for conversions made the week before. The actual hold is 7 days. The first hold is 14 days. Individual CPA conditions have to be discussed with a personal manager.

4

Affiliate payments may not be paid on time due to reasons of checking Affiliates' traffic sources or because of suspicious activity of the Affiliate's players, also on the basis that the payment date may fall on weekends or holidays. The period of delay in payments (Hold) is determined by the administration of the Affiliate Program at its discretion.

5

Payments to Affiliate under the Revshare model are accrued upon reaching NGR 20 Euros. If the amount of earnings is less, the funds are put on Hold, and payment is made upon reaching the minimum amount for payment. Also, to make payments, the Affiliate must bring at least 5 active players to any of the brands.

6

The Heroic Affiliate program reserves the right to delay payments to Affiliates if the Partner has not been active for a long time and receives income on a residual basis. To resume payments, you need to contact the Affiliate program manager.

7

All taxes, fees, and surcharges, if any, on rewards and referral fees are the sole responsibility of the Partner.

Term and Termination

1

The term of this Agreement starts when you are approved as an affiliate and will continue unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

2

All rights and licenses given to the Partner by the Operator in this Agreement shall immediately terminate. The Partner will be entitled only to those unpaid referral fees, if any, earned by the Partner on or prior to the date of termination. The Partner will not be entitled to referral fees occurring after the date of termination.

3

If the Partner has failed to fulfil his obligations and responsibilities, Heroic Affiliate Program will not pay him the referral fees otherwise owing to him on termination. If the Operator continues to permit activity (generation of revenue) from players after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination. The Partner must return to the Operator any confidential information and all copies of it in his possession, custody and control. Both Operator and Partner will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations, which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve the Partner from any liability arising from any breach of this Agreement, which occurred prior to termination. In case of termination, the referral commission will be calculated until the date of termination and the Partner may create an electronic invoice until the end of the calendar month following the termination. After expiration of that calendar month, no more invoices may be created by the Partner and the Partner is not entitled to any further refunds or any other claims for compensation against Operator after such termination. The remaining money on the online wallet will not be transferred to the Partner, if he does not create an electronic invoice until the end of the month, following the closing of the account. If the commission does not exceed the minimum amount of EUR 20, no invoice can be created by the Partner and the referral commission shall be forfeited to Heroic Affiliates benefit.

4

The account of the Partner will be closed automatically and the contractual relationship will be automatically terminated if during three successive months no new players are generated by the Partner.

Fraud

This Agreement should be immediately terminated and the Partner won`t receive any commission in case that Operator has reasons to believe that following fraudulent activities has taken place:

1

Fraudulent activities by the players include, but are not limited to, the following: charge backs, incorrect player data, minor players, chip dumping, money laundering

2

Fraudulent activities by the Partner include, but are not limited to, the following: if the Partner is also registered as a player – e.g. if the Partner and a player have the same IP address or any other parameters, if Operator therefore has doubt about the true identity of the Partner and if the Partner can not provide Operator with appropriate identification to effectively verify his identity.

3

Fraudulent activities in general include, but are not limited to, the following: credit card numbers in a negative bin number database, multiple subscriptions from a single email address, subscriptions with the same credit card number, sequential names or patterns of names, many subscriptions from a specific website within a short time span, subscriptions from employees or other parties related to the Partner and multiple attempts to subscribe from the same credit card.

Privacy Policy

All information, in particular financial and business data, lists of users, price and sales information shall be treated confidentially. These details must not be used for own commercial or other purposes, directly nor indirectly.

Other conditions

1

We make no express or implied warranties or representations with respect to the Heroic Affiliate program, about ourselves or the referral commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of the Operator`s website will be uninterrupted or error-free and will not be liable for the consequences if there are any.

2

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate program, even if we have been advised of the possibility of such damages. Our aggregate liability arising with respect to this Agreement and the Affiliate program can not exceed the total referral commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral commission generated and is limited to direct damages.

3

Except as otherwise provided herein, neither Heroic Affiliate nor the Partner may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

4

This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of Curacao.

5

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognized by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.

6

In case of any discrepancy between English version of this Agreement and any other translation of it, English version is deemed to be correct.

Dispute resolution procedure

In the event of a dispute, the Heroic Affiliate Program is always ready to consider the arguments presented by the Affiliate and approach the solution of the problem as impartially and honestly as possible from the point of view of both parties. The decision made by the Affiliate Program is final and not subject to revision.