The company

EveryMatrix N.V.
Brionplein 4
Curacao
Netherlands Antilles

 

 

TERMS AND CONDITIONS FOR JETBULL AFFILIATES

 

Version 1.1, published November 1st, 2011

In order to apply for our affiliate program you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions do not continue with your application. Should you have any questions regarding our affiliate program please contact affiliatesop@jetbull.com for further information.

1. AGREEMENT

1.1 This document (the "Agreement") outlines the terms and conditions agreed between us, EveryMatrix N.V. (referred to herein as "Jetbull", "we" "us" or "our") and you (referred to herein as "you", "your" or “affiliate”), in respect to your application to join our affiliate program and to promote the www.jetbull.com website and our services.

 

1.2 Jetbull reserve the right to update or modify this Agreement by notice via message to your email address 5 days in prior to any changes being implemented and presented online at the site within the section of affiliate terms and conditions. Should you not agree to the changes you are required to terminate this Agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions will be published in clause 14 within this agreement available in updated version on www.jetbull.com. If you continue to participate in our affiliate program also after changes to the agreement has been posted this will be constituted as a binding acceptance of such changes by you.

 

1.3 In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. Jetbull determines at its’ sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the Jetbull website and services. Jetbull will email you with further information upon acceptance of your application.

 

2. DEFINITIONS

In this Agreement unless the context otherwise requires:

 

''Confidential Information'' means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.

 

''Net Generated Revenues (‘NGR’)'' means the sum of Jetbull’s net revenue generated by all your referrals in the space of a calendar month.

''Intellectual Property Rights'' means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.

 

"Referred Customers" means Customers who have no prior account with Our Website, and have signed up for an account with us with your affiliate tracking code attached.

 

“Rakeback” means money returned to the Referred Customer who generated the rake in the first place.

 

“Revenue Share” means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.

 

"Your Website" the website which you notify to us on the Affiliate Sign up Form.

 

 

3. LINKING

3.1 The Links provided to you by Jetbull should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without Jetbull’s prior written consent.

 

3.2 You shall ensure that you do not place any Links on pages of the Your Website aimed at persons under the age of 18 years.

 

3.3 In the event that you wish to place the Links on websites other than the Your Website, you must first obtain Jetbull’s written consent.

 

3.4 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 14.2).

 

 

 

4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS

4.1.1 Your revenue share is calculated according to the following structure:

 

Net Generated Revenue (NGR)	Poker (non-Rakeback)	Casino	Sports Betting
€0 - 10,000	25% of NGR	25% of NGR	25% of NGR
€10,001 - 20,000	30% of NGR	30% of NGR	30% of NGR
€20,001-40,000	35% of NGR	35% of NGR	35% of NGR
€40,001+	50% of NGR	50% of NGR	50% of NGR

4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Sports Betting products. For Poker this Revenue Share model does not apply when Poker Rakeback is being offered to your Referred Customers (see 6. Poker Rakeback Affiliates for Poker Rakeback specific Revenue Share structure). As a partner in the Cake Poker Network, Jetbull and its affiliates are obliged to follow the Cake Network Affiliate Rules with regards to the Poker product. Please read these rules carefully. View Cake Network Affiliate Rules

 

4.2 Net Generated Revenue is calculated according to the following terms for each of Jetbull’products:

 

a) NGR from Sports Betting is calculated as, the figure resulting from the calculation of the betting revenues generated by your referred Customers actually received by us less the winnings, less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.

 

b) NGR from Poker is calculated as, the sum of all your Referred Customers' rake or tournament fee contributions while playing at Jetbull Poker, less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectable revenue attributable to the Referred Customers.

 

c) NGR from Casino is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.

We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2

 

5. FORBIDDEN PRACTICES

5.1 You may not in any way offer added rewards of any kind to your Referred Customers without Jetbull’s prior written consent. If Jetbull deems you to be in breach of this condition, Jetbull may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 14.2).

 

5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under no circumstance receive any Revenue Share on your own or direct relatives’ customer account.

 

5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Jetbull Site.

 

5.4 You are forbidden to attempt to artificially increase monies payable to you by Jetbull.

 

5.5 You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similarlegislation.

 

6. POKER RAKEBACK AFFILIATES

6.1 In the event you wish to market Poker Rakeback and offer this to your referred Customers you will have to register a specific affiliate account or specific tracking profile within your affiliate account for this purpose. Before offering Rakeback you need to send us a written request to affiliatesop@jetbull.com and you are not allowed to offer Rakeback until we have given our approval in writing.

 

6.2 The following terms and conditions will apply to this affiliate account in addition to the general affiliate terms and conditions outlined in the general terms and conditions in this agreement:

- You can market and offer your Referred Customers up to a maximum of 33% Rakeback.

 

- Your Referred Customers on Rakeback are still eligible for all promotions, including the Jetbull Gold loyalty program, but are earning FPPs at a 50% slower rate than your Referred Customers without Rakeback. Thus, Rakeback Customers earns FPPs at the rates listed below.

      o Ring Games: $1 Rake = 0.5 FPP

      o Tournaments: $1 Fee = 3.5 FPP

The following Revenue Share commission structure will apply to your Affiliate Rakeback account or profile:

 

- 12% commission if your total referred Customers’ monthly NGR is €0 - €199,999

- 15% commission if your total referred Customers’ monthly NGR is +€200,000

   

6.3 As a partner in the Cake Poker Network, Jetbull and its affiliates are obliged to follow the Cake Network Affiliate Rules with regards to the Poker product. Please read these rules carefully. View Cake Network Affiliate Rules .

 

7. JETBULL’S OBLIGATIONS

7.1 Jetbull shall supply you with the Links for inclusion on the Your Website and may update such Links from time to time.

7.2 Jetbull shall use its best endeavors to ensure that whenever a Referred Customer signs-up with Jetbull through your affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, Jetbull shall not be liable to you in any way if Jetbull is unable to identify a Customer as originating from the Your Website.

 

8. PAYMENT

8.1 You will receive affiliate payments directly to your Jetbull player account.

 

8.2 Payment is made on the 15th of every calendar month.

 

8.3 The minimum sum for a monthly payment of affiliate payment is €10. If a Revenue Share does not exceed €10, Jetbull shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds €10, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €10 in any given month.

 

8.4 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts shall be carried forward to the subsequent month(s).

 

8.5 Jetbull shall provide you with statements accessible through your personal affiliate page,  http://affiliate.jetbull.com , detailing the Referred Customers and your share of Net Generated Revenues.

 

9. INTELLECTUAL PROPERTY

9.1 Jetbull grants you a non-exclusive and worldwide license to display the Jetbull brand features and related content (the " Jetbull Content") during the Term solely for the purposes of the display of the Links by you on the Your Website as set out in this Agreement and in accordance with Jetbull’s guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by Jetbull to its customers from time to time shall remain the property of Jetbull. You are not permitted to alter or modify in any way the Jetbull Content without the express prior written consent of Jetbull.

 

9.2 You agree that the Your Website shall not resemble in any way the look and/or feel of the Jetbull Site, nor will you create the impression that the Your Website is the Jetbull Site (or any part thereof).

 

10. WARRANTIES

10.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.

 

10.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement.

 

11. DISCLAIMER

 

We make no representation that the operation of the Jetbull Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

 

12. INDEMNITY

You (the "Indemnifying Party") shall indemnify on demand and hold harmless Jetbull and each of Jetbull’s 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 the Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement

13. EXCLUSION OF LIABILITY

13.1 Nothing in this clause 13.1 shall limit Jetbull’s liability for death or personal injury resulting from Jetbull’s negligence or for fraud.

13.2 Jetbull shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.

 

13.3 The liability of Jetbull shall not, in any event, exceed the sum of the total monies paid by Jetbull to you over the 6 month period preceding the date on which such liability accrued.

 

14. TERM

14.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.

 

14.2 If you are in material breach of your obligations within this agreement, Jetbull may bring the term to an end with immediate effect; and seize to pay you any further Revenue Share on you Referred Customers, by written notice to you.

 

14.3 In the event that a referred customer has had no activity for a period exceeding 24 months, this customer will no longer be deemed as your referral and you will no longer be entitled to any further Revenue Share from any future revenues created by this player.

 

15. GENERAL

15.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.

 

15.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

 

15.3 Any notice given or made under this Agreement to Jetbull shall be by email to the relevant email  affiliatesop@jetbull.com . Jetbull shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Jetbull.

 

15.4 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

 

15.5 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.

 

15.6 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Netherlands Antilles. Each party irrevocably submits to the exclusive jurisdiction of The Netherlands Antilles courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.

 

15.7 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.

 

16. CHANGES TO THIS AGREEMENT

This Agreement has not been varied or otherwise amended since 1st of November, 2011.