To be a member of the VistaGaming Affiliates.net affiliate program you agree to abide by the terms and conditions contained in this Service Agreement. Please read this agreement carefully before registering and using the VistaGaming Affiliates.net affiliate program service. By completing the signup page and using the VistaGaming Affiliates.net affiliate program service you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not use the VistaGaming Affiliates.net affiliate program service.
This Service Membership Agreement (the "Agreement") is made by and between CB Corporation Ltd. (administrator of www.VistaGaming.com) and you, as user of the VistaGaming Affiliates.net service ("You" or "Member"). CB Corporation Ltd. has developed and administers a service called VistaGaming Affiliates (the "Service") that allows Web sites to run and/or participate in affiliate partner programs. As a user of the VistaGaming Affiliates.net affiliate program you will be establishing affiliate-partnering arrangements with third party members. In return, we will pay commission on the net revenues generated by players you recruit to www.VistaGaming.com website, or other brands that may be introduced from time to time. VistaGaming Affiliates.net will provide email (support@VistaGaming.com) support for the service.
"Affiliate Partner" ('Partner') means a company or individual that is rewarded by VistaGaming Affiliates.net for generating revenue for placing VistaGaming Affiliates.net hyper links on its and/or associated web sites.
"Net Revenue". The Net Revenue calculation depends of the product the affiliate is promoting.
For Vegas Crest Casino, the Net Revenue is calculated as follow: total wagers of a Customer minus winnings, minus all bonuses (fidelity points included), minus chargebacks and associated fees, less a fixed administration fee of 15%, and any other cost incurred by the Company and the Operator due to a fraudulent and/or abusive activity of the Customer.
For Bingo (CyberBingo, BingoSKY, BingoFest), the Net Revenue is calculated by the player deposits minus player payouts, less chargebacks and associated fees, Administration fees (flat rate of 15%), and any other cost incurred by the Company and the Operator due to a fraudulent and/or abusive activity of the Customer. Description is available in the program details page: http://www.vistagamingaffiliates.net/program-details.html
"Chargeback" is a credit card transaction which is not collectable by the credit card company as a result of customer non-payment or fraudulent credit card use. Chargebacks are deducted in the month they are charged.
"Commission Fees" means the compensation due to the Affiliate based on the agreed percentage of net revenue generated by the depositor at Site.
"Admin Fee" is a fixed value of 15% for Casino, 15% for Bingo, which consists of License fees, Game Provider Fees and Platform Fee (MyAffiliates).
"Free player bonus" means an amount of money given to players by VistaGaming Affiliates.net for free (Usually upon sign-up). Free Player Bonuses may also be distributed as rewards to high spending players or as marketing/promotional tools.
"Link" means a hyperlink placed on an Affiliate Partner's site that, when clicked on, serves a 'Brand's Web page to the user's browser. The Affiliate may be in the form of text, a button, a banner or any other acceptable Affiliate format.
"Brand" means a Web site (e.g. www.VistaGaming.com) that rewards Affiliate Partners for generating net revenue on their sites.
"Valid Click" means a click from an Affiliate Partner's site to a Brand site that results in the Brand Web page being viewable to the visitor. A click is deemed valid by the VistaGaming Affiliates.net system when it meets certain criteria as defined on the Web site or in this agreement, and which may change from time to time.
"Visitor" means any person, web surfer or user that clicks on an Affiliate Partner's link to view a Brand's web page.
"Real New Players" A "Real New Player" shall mean an Internet user who accesses the Bingo and/or Casino Sites directly through a Link, opens a new user account and makes the required minimum deposit of $25 in such account, and plays on the site. Neither you nor your relatives are eligible to become Real New Players and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling. The number of Real New Players per individual household computer is strictly limited to one.
Earn some serious money with Vista Gaming affiliates as we provide you with the very best in both Bingo and Casino products. Revenue Share is our best deal to have, offering you fantastic Life time commission earnings. With loyal and trusted brands, this is the best place to introduce your players and ensure a great monthly income. Our Revenue Share Commission structure is built for a long lasting partnership.
The commission is calculated at the end of each month and payments shall be performed by the tenth day of each calendar month.
Note: AFFILIATE COMMISSION MUST REACH OVER $500 IN ORDER TO RECEIVE PAYMENT.
If the balance due is less than the minimum threshold, it shall be carried over to the following month and shall be payable when the accrued balance exceeds the minimum threshold.
In the event that an affiliate enters incorrect bank details and the payment not completed, the affiliate will have the bank charges associated with this error deducted from their commission earnings. VistaGaming Affiliates.net reserves the right to withhold affiliate payments which they deem to of a suspicious nature. By suspicious we mean the following: if VistaGaming Affiliates.net determines, or suspects, that a transaction is suspicious and involves or may involve financial crime or similar activity, VistaGaming Affiliates.net reserves the right to retain the amount of that transaction and any other transaction made by you.
TIERED AFFILIATE FEES Affiliates will also earn 5% on commission fees generated by Affiliates you have referred to the VistaGaming Affiliates.net affiliate program (Second Tier Affiliates). Third Tier Affiliates will earn 2% on commission fees generated by Affiliates you've referred to the VistaGaming Affiliates.net affiliate program. NOTE THAT NEITHER YOU NOR YOUR RELATIVES CAN NOT EARN BOTH PRIMARY AND SECONDARY REVENUE ON THE SAME PLAYER ACCOUNTS.
CPA Commission Deals
We offer the best CPA deals to our affiliates. We pay a flat rate to every player that you refer which can also be based according to geographic locations, affiliate reputation and affiliate traffic value. Tailored deals are open upon request.
In order to receive a Monthly CPA commission as an affiliate, the affiliate needs to achieve a minimum of 10 acquisitions in order to receive their first payment. This will provide a more accurate representation of the true player value provided by the affiliate. In order for a player account to qualify as an acquisition, a minimum 90% of their first deposit must have been wagered. CPA deals are only offered to select, top affiliates and although some affiliates may not initially be accepted for CPA, their affiliate account performance will be reviewed with the option for a CPA offer at a later date depending on such performance. We may then offer to open a CPA tier after a 3-month Revenue Share trial. Exceptions may be given, but the same 10 CPA minimum rule will apply.
Hybrid Commission Deals
Hybrid deals are flexible combinations of a CPA and Revenue Share arrangements. In order to receive a Monthly Hybrid deal, the affiliate needs to achieve a minimum of 10 acquisitions in order to receive their first payment.
To sign up as a Member of VistaGaming Affiliates.net and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN VISTAGAMING AFFILIATES.NET: Those that are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights. You agree that you have read the documentation for the Service and understand its features and rules. As part of the registration process, you will select an email and password combination that you use to access your Member area within the Service. You shall provide VistaGaming Affiliates.net with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive Members or other users as to your true identity. You agree that VistaGaming Affiliates.net may rely on any data, notice, instruction or request furnished to VistaGaming Affiliates.net by you that is reasonably believed by VistaGaming to be genuine and to have been sent or presented by a person reasonably believed by VistaGaming Affiliates.net to be authorized to act on your behalf. You shall notify VistaGaming Affiliates.net by e-mail at affiliates@VistaGaming.com of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by VistaGaming Affiliates.net and commission to the appropriate authorities in the relevant country.
AFFILIATES ARE NOT PERMITED TO OFFER OR SHARE ANY AFFILIATE REVENUES EARNED WITH OTHER PARTIES. THIS INCLUDES PLAYERS, PRIVATE CLUBS, INDEPENDENT OPERATORS, AND ANY OTHER PERSONS DEEMED UNACCEPTABLE BY VISTAGAMING AFFILIATES.NET . ALL OFFLINE PROMOTION OF VISTAGAMING AFFILIATES.NET MUST BE APPROVED IN ADVANCE BY THE VISTAGAMING AFFILIATES.NET AFFILIATE MANAGEMENT IN WRITING OR COMMISSIONS MAY NOT BE PAID.
WE DO NOT CONDONE SPAM Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that VistaGaming Affiliates.net is liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should we seek recourse. In this instance the amount determined will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of VistaGaming Affiliates.net . Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.
E-MAILING TO YOUR OPT-IN BULK LISTS If you use VistaGaming Affiliates.net Promotional content to e-mail to your opt in e-mail lists then you must adhere to the following
You represent to VistaGaming Affiliates.net that all content you provide to the Service is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libellous, unlawful or otherwise objectionable. As a Member, Links may not be placed in newsgroups or unsolicited e-mail, Any Link placed must be done so in such a way that it is not misleading to any Visitor and done so with the intention of delivering Valid Clicks to the related VistaGaming Affiliates.net for that Link. VistaGaming reserves the right to deem any site inappropriate and may terminate the site immediately as an Affiliate Partner member of VistaGaming Affiliates.net. If you are terminated from the Service, VistaGaming Affiliates.net has the right to withhold money you earned within the Service.
4.1 LIMITED WARRANTY The Service, its use and the results of such use are provided "as is." To the fullest extent permissible pursuant to applicable law, VistaGaming Affiliates.net disclaims all warranties express or implied, including, but not limited to, implied warranties of VistaGaming Affiliates.net ability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, VistaGaming Affiliates.net specifically disclaims any warranty (A) that the service will be uninterrupted or error-free, (B) that defects will be corrected, (C) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (E) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
4.2 LIMITATION OF LIABILITY VISTAGAMING AFFILIATES.NET or its suppliers or resellers shall not be liable to you or any other person for (I) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the VistaGaming Affiliates.net service or any information provided on the VistaGaming Affiliates.net web site or any other hyper linked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if VistaGaming Affiliates.net or a VistaGaming Affiliates.net authorized representative has been advised of the possibility of such damages or (II) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyper linked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, VistaGaming Affiliates.net liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy. You agree that VistaGaming Affiliates.net is the neutral host of the Service and has no responsibility or liability in relation to the arrangements that you enter into with VistaGaming Affiliates.net as part of your use of the Service. VistaGaming Affiliates.net and Affiliate Partners jointly and severally agree to indemnify, defend, and hold harmless VistaGaming Affiliates.net and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitor's fees) directly or indirectly arising from or relating to any Offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
4.3 LICENCE TO USE MARKS VISTAGAMING AFFILIATES.NET hereby grants to you a non-exclusive, non-transferable license, during the term of this Agreement, to use VistaGaming Affiliates.net intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of VistaGaming Affiliates.net and/or the Profit Sharing Program (including, for example, commission fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
This Marketing opportunity is for commercial use only, and you, your family members, friends; associates may not make purchases, directly or indirectly, through your tracker for your own personal use or to fraudulently increase the commission fees payables to you.
Affiliates will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold commission fees with respect to such traffic.
Affiliates must ensure that all their affiliate account details are current and up to date at all times. This will ensure that they are promoting the brands with current and valid offers. VistaGaming Affiliates.net will not be held liable for any out of date offers promoted by the affiliate or any potential delay in payment due to incorrect account details being submitted / not updated by the Affiliate.
This Agreement shall remain in effect until terminated. VistaGaming Affiliates.net or you may terminate this agreement for any reason or no reason upon five (5) days prior e-mail registered or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination, you shall no longer be entitled to use the Service.
In order to maintain the active status of the affiliate account, VistaGaming reserves the right (after 6 months of inactivity, non-exposure of brands or non-communication with VistaGaming), to reduce the affiliate's revenue share to 10% until such time as VistaGaming management are assured that the affiliate is actively promoting the brands. If the Affiliate is not able to provide proof that they are actively promoting the brand to VistaGaming's satisfaction, then after a period of 12 months, VistaGaming will terminate any agreement with the affiliate and thus consider any players to be house players from that time onwards.
Affiliates must remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. VistaGaming Affiliates.net will pay your final commission for your last calendar month. You will not be entitled to new commission fees with respect to play occurring after the date of termination over the following 6 months. If you have failed to fulfill your obligations and responsibilities, we will not pay you the commission fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 reasonably would contradict anything in this paragraph.
You shall defend, indemnify, and hold VistaGaming Affiliates.net 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 (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) 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 Profit Sharing Program.
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. VistaGaming Affiliates.net may assign this Agreement to any successor, affiliate or assign.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
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 Malta.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer commissions on terms that may differ from those contained in this agreement or operate or contract with web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in this profit sharing program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
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 modification, additions, deletions or interlineations of this agreement are permitted or will be recognized by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
VistaGaming reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. Members may either agree to such changes or withdraw from the service. Minor and major changes will be displayed in the current terms and conditions in CAPITAL letters for a period of 4 weeks.
Last updated Monday 28th, December 2015 11:30