Terms & Conditions
1. Definitions
- “Affiliate Program” means the affiliate program offered and operated by Red Returns Affiliates (to be referred to as “RRA” in this agreement).
- You, Yours means the Affiliate contracting to RRA.
- Us, We, Our means RRA.
- “Casinos” means all of the online casinos associated and represented by RRA.
- "Charge-back" means the successful dispute of a purchase transaction by a Player, bank, or processing institution resulting in the reversal of the purchase by such Player.
- “Player” means a person who has registered a real account at one of the casinos defined herein bearing an electronic tag that identifies the player as having been referred by an affiliate and has purchased the casino’s minimum deposit amount and thereafter wagered at the casino. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate.
- “CPA” means a fixed amount paid to an affiliate for the referral of a player to the casino.
- “Website” means the RRA website at www.redreturns.com
- “Casino net revenue” is defined as the sum of bets made by players less the payouts to players less progressive contributions, less non-cash items and promotional credits, less fraud and chargeback costs.
2. The Agreement
- These terms and conditions constitute the sole agreement between us and you.
- We may alter any portion of this agreement, at any time, in our sole discretion, by posting a change notice or a new agreement on the website. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. If there are any objections to changes these can be forwarded to us in writing.
3. Registration to RRA
In order to enroll for the Affiliate Program you must register by completing and submitting the online form which may be found on the website. By registering with RRA you:
- declare the information you have provided is accurate, correct and complete
- are bound by all the terms and conditions contained in this agreement
- are of a contractual legal age in your domiciled jurisdiction, allowing you to legally enter into this agreement
- upon submission of your application to become an affiliate, we have the sole discretion to accept or reject you as an affiliate.
4. Affiliates Obligations
- You are responsible for promoting RRA’s associated casinos by implementing the advertising banners and special tracking URL's on the your websites, marketing mails and in other communications.
- The objective of promoting the casinos is to drive or direct players to the casino, with your unique assigned URL as the hyperlink thereto. By directing players in such manner you will be tagging or claiming such players as your own.
- Only correctly tagged players can be assigned to an affiliate. Should the affiliate tag be incorrectly inserted into the marketing material, be this your website or otherwise, or not properly received by the casinos servers, the resulting player registration and purchases will not be assigned to you. It is the affiliate’s responsibility to ensure that all referred players are properly tagged.
- The casinos acquire the right to players at the point of the player registering their details with the casino, the affiliate acts as a referring agent for the casinos in this regard. The casinos reserve the right to refuse players (or to close their accounts) if the players do not comply with the casino’s terms and conditions of holding an account.
- e. You shall also be entitled to register Second-Tier Affiliates with us, provided that such Affiliate is a genuine arms-length person and that the referring Affiliate derives no financial benefit whatsoever from commissions paid by us to a Second-Tier Affiliate. In the case of juristic or corporate persons, the Affiliate shall not be entitled to register as a Second-Tier Affiliate, any entity in which the Affiliate has any shareholding whatsoever. Further details on the second tier or sub affiliate program can be viewed in section 6.a.
5. Marketing Materials and General Conduct
- Affiliates may only present content approved by us in respect of the casinos upon their websites. We have the sole discretion to determine what suitable material is and any unsuitable material used without prior written consent could result in the agreement being terminated immediately. Unsuitable content includes, but is not limited to, content aimed at children; and/or containing sexually explicit materials; and/or promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; and/or promoting illegal activities; and/or or violating the intellectual property rights of any third party.
- Only approved and correctly tagged materials, supplied by us may be used to promote the casinos.
- You may not modify any banners or other creative material supplied by us without our prior written consent.
- Banners and links may not be placed within unsolicited e-mail (spam), unauthorized newsgroup postings, or chat rooms or through the use of "bots". Such traffic will not contribute towards the calculation of any commissions payable to you. We reserve the right to terminate the agreement should RRA or the casinos deem the aforementioned forms of marketing are taking place by an you and RRA or the casino could be brought into disrepute.
- You are not entitled to make any claims, representations, or warranties in connection with RRA or the casinos, you shall have no authority to bind RRAs or the casino to any obligations whatsoever.
- f. We will terminate this agreement immediately if there is any form of spamming or if you advertise our products and brands in any other way that contravenes our terms and conditions as stated here. As a result of our zero tolerance on spam and forms of spamming, if your account is terminated any commissions will also be forfeited.
6. Commission Payments
You will automatically be registered as a revenue share earner upon registration with RRA. Should you wish to change your commission structure the you will need to apply in writing to RRA.
- Revenue share commission. This is based on a 3 tier structure highlighted below:
| Casino Net Revenue |
Tier Percentage |
| $0-$14,999 |
25% |
| $15,000-$29,999 |
30% |
| $30,000+ |
35% |
| |
|
| *Sub Affiliate Program |
Up to 2.5% |
| * Deal is subject to the discretion of RRA |
|
- CPA deals are offered by us, however these will be negotiated and on an individual basis.
- We will provide you with access to your player’s reports and these will outline the total number of players referred by you, as well as the total revenue generated and commission payable to you.
- For the calculation of commission earnings, RRA’s month-end is the last day of the month. Commission calculations for the purposes of determining the preceding month's balance are finalized by the 5th working day of each month. Payments of commission for the previous month are also made by the 5th working day after the close of the month.
- Commission revenue is calculated after deducting the following:
- Bonuses
- Chargebacks
- Progressive contribution
- Negative carryover is not a feature of the RedReturns affiliate program, all negative balances at month end will be zeroed for the start of the following month.
- Commission payments shall be effected by one of the following methods: Cheque, Swift, EcoCard, Moneybookers, Click2pay, Instadebit, UseMyWallet (US only). It is the responsibility of the affiliate to select the method of payment.
- RedReturns requires a minimum threshold of $100 to be earned before payment can be requested and subsequently paid. Amounts less then $100 will be carried over to the following month until $100 or more has been accrued.
- Verification and Confidentiality
- You will be required, from time to time, to positively verify your account with us in order to receive payments due to you. This verification process will require the submission of documents proving identity and domicile details.
- You agree not to disclose any confidential information to third parties without prior written consent form us.
7. Intellectual Property
We hereby grant you a non-exclusive, non-transferable license, for the duration of this Agreement, to use the casinos intellectual-property solely for the purposes of furthering your obligations in terms of this Agreement and solely in connection with the materials provided by us on the Website. We may terminate this license at any time whatsoever and cancellation of this Agreement will automatically constitute such termination in all instances.
Ownership of all content displayed upon our casino websites remains our and our clients respective property
8. Indemnity
You shall defend, indemnify, and hold RRA, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:
- Any breach by you of any warranty, representation, or agreement contained in this Agreement.
- The performance of your duties and obligations under this Agreement.
- Your negligence or any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and links or this Affiliation Program.
9. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliation Program, RRA or marketing fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
10. Limitation of Liability
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 RRA Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Advertising Revenue 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. Any liability arising under this Agreement shall be satisfied solely from the marketing fee generated and is limited to direct damages.
11. Miscellaneous
Governing Law
This Agreement is governed by the laws of the United Kingdom, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the United Kingdom and your irrevocably consents to the jurisdiction of its courts.
Non-Waiver
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. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Remedies
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this 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 this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective. IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.
12. Term & Termination
- The term of the agreement will commence once you have successfully been accepted onto the RRA Program.
- This agreement shall continue indefinitely until terminated in terms of any termination rights contained in the agreement or until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement shall be terminated immediately.
- Upon termination of the agreement, you must remove all the casino’s banners from your site and disable any links from your site.
- If we continue 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.
- Both parties will be released from all obligations and liabilities to each other occurring or arising after the date of termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
Updated 12/06/2008