INTRODUCTION
By accepting the Terms and Conditions set out below, you agree to initiate a connection between
TrafficNation.com website and your site/sites, using trackable promotional materials provided by us in return
for agreed benefit.
1. SIGNING UP TO THE AFFILIATE PROGRAMME
To become an affiliate of the TrafficNation Programme you should register as an affiliate by completing the
online application form. The information you provide in your online application form must be genuine and
complete in order that it is taken under consideration for approval. We may decide not to accept your request
after considering it incomplete, irrelevant, or not genuine in any aspect.
Should your application be approved, you will be informed about this by an email of confirmation sent to the
email address you provided in your application form with a username and a password. The username and the
password are yours and you should not provide them by any means to a third party. The username and the
password are unique to You and ensure that You will access Your Affiliate panel easily, allowing You to enter
Our Banner gallery and decide on a banner of Your choice or use Our reporting tool to track your commission
growth.
We may refuse to approve your application to join the affiliate programme.
TrafficNation does not allow employees or persons, related to them, to participate in the TrafficNation
programme.
2. OUR RIGHTS AND OBLIGATIONS
Always subject to Clause 3.1:
We will register Customers and track their transactions. Once registered the Customer becomes our customer
and must accept all our rules, policies, and operating procedures.
We will pay you Commission in accordance with Clause 4 below.
We will use our reasonable endeavors to provide you with password protected access to a report in the
Affiliate Area shows the Net Revenue of Customers across Our Products.
We will use our reasonable endeavors to tag the identity of all Visitors; record all bets and stakes made by
Customers; record the history of payments of Commission made to you.
IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNER
CODE, TEXT LINK CODE, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO TrafficNation.
We reserve the right to terminate this Agreement if we determine that your site is unsuitable. Unsuitable
sites may include those that: promote sexually explicit materials, are targeted towards children or minors,
promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual
orientation, promote illegal activities, or violate intellectual property rights (“IP rights”).
As a policy, TrafficNation will not accept an online application for registration as an affiliate if you
advertise with Internet Protocol (IP) addresses located in or originating from within the geographical
jurisdiction of the U.S, Bulgaria, France and Israel.
This Agreement sets all the terms and conditions of membership to the TrafficNation Programme. “You”, the
“affiliate” refers to you, the individual, group or corporate entity registering with us as an affiliate under
this Agreement, and will be deemed to include any employees, officers, directors, shareholders, owners,
controlling parties and affiliated individuals and entities (and “your” has a corresponding meaning).
3. AFFILIATE RIGHTS AND OBLIGATIONS
As an affiliate you can open and run only one affiliate account; odd accounts will be closed at our sole
discretion.
As an Affiliate you are responsible for promoting TrafficNation by implementing the advertising, banners and
tracking URL’s on your websites, e-mails or other communications.
You will agree to register and maintain correct and truthful contact information with TrafficNation.
You will present only content and topics on your site which are pre-approved in writing by TrafficNation.
Content that is deemed unsuitable in TrafficNation’s sole discretion will result in the affiliate agreement
being terminated immediately. Content is deemed unsuitable in cases where it is aimed at individuals under the
age of 18 years.
You will be solely responsible for the development, operation, and maintenance of your site and for all
materials that appear on your site and at your own cost. For example, you will be solely responsible for
ensuring that materials posted on your site are not libelous or otherwise illegal or infringe the IP rights of
third parties. Since we do not have control over your own site, we disclaim all liability for these matters.
Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorney’s fees) relating to the development, operation, maintenance, and contents of your
site. This provision on indemnification is without prejudice to our separate action or claim against you under
applicable laws.
Affiliation Guidelines
• Only approved and properly tagged creative materials, supplied by us from time to time, may be used to
promote TrafficNation. Advertorials and personal endorsements are allowed but all materials not designed by
TrafficNation must be approved in writing; such approval shall not be unreasonably withheld.
• You may not modify or use for any other purpose any IP rights, banners or other creative material supplied
by us without the written prior consent of TrafficNation. All copyright or IP rights notices on any material
supplied or approved by TrafficNation must remain and not be modified or eliminated.
• By agreeing to participate in the TrafficNation Programme, you are agreeing to download banners, text or
promotional material and place it on your site, utilize it within e-mail, direct marketing using your
affiliate URL or print. These methods are the only approved methods by which you may advertise TrafficNation’s
products and services.
• Banners and links may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat
rooms or using “bots”. Traffic generated illegally will not be counted and may result in the termination of
your affiliate account with us.
• We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you
discredit TrafficNation through false advertising, written or uttered words.
• Any claims, representations, or warranties in connection with TrafficNation are prohibited and are not bind
to TrafficNation or to any obligations.
• Without our prior written approval, you will only use our approved banners and links and will not alter
their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext
transfer links are designed and designated by us and constitute the only authorized and permitted
representation of TrafficNation.
• You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not
it actually causes TrafficNation damage. Should fraudulent activity arise through a person directed to a site
via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this
regard will be final and no correspondence will be entered. 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 affiliate
commissions with respect to such.
• Affiliates are prohibited from playing at any of the sportsbook/casino/games promoted by TrafficNation
through their own affiliate link or from the affiliate link of an associate who shares all, or part of the
commission with the affiliate or a third party. This includes any individuals or playing groups from which, an
Affiliate receives compensation or remuneration from of any kind. In the event of violation of this section,
TrafficNation and the respective website that has been played with have the right to void all play and
eliminate any earned commissions applicable from such play and eliminate the affiliate from our Affiliate
Programme terminating this Agreement and void any future play at TrafficNation.
Affiliate Tagging
• You are only responsible for directing customers to the TrafficNation website.
• Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly
inserted into the affiliate site or not properly received by the TrafficNation web server the resulting
customer registration and transactions will not be assigned to the affiliate. Therefore, it is the
responsibility of the affiliate to ensure that all links are properly tagged.
4. COMMISSIONS AND PAYMENTS
TrafficNation will pay out a commission, as defined by TrafficNation Programme commission structure, if your
account maintains active monthly.
· In cases where there are no new active wagering members within a 6 (six) months period, your account, with
you notified, might be terminated and all monthly commissions generated moving forward might be revoked.
Invoices must be received to us by the 10th of every month; failure to follow this procedure will result in
the said invoice being settled in the next payment cycle.
Active Wagering Members refers to referrals, which have performed a minimum deposit of 10 EUR or equivalent
(for e-wallet deposits), 25 EUR or equivalent (for credit card deposits) and 100 EUR (for bank wires).
Commissions will be calculated only at the end of the month and according to the total revenues generated
during the given month. Commissions are paid once per month only.
Commissionable Earnings are calculated as TrafficNation profit, less charge-back, complimentary money, free
money offers, and other incentives offered to the customer.
· Charge-back: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card, which
was not authorized by him/her. The credit card holder then requests his/her bank to reverse these charges.
Charge backs relate to fraudulent use by a third party of the credit card holder’s card or card number.
· Should the player process a charge back, the disputed or charged-back revenue generated by yourself will be
forfeited and therefore deducted from the total balance due to you for the current month.
· Should this deduction of the accumulated revenue exceed your current amount due, your balance will then
revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start
earning revenue again.
· Unlike with a player making a big winning, which only lasts one month, a charge back will stay due until
the revenue generated by your other players has covered the amount due.
· We understand that this might be frustrating to the affiliates, but it must be made clear that
TrafficNation can only pay out a percentage of their profits, not fraudulent revenue.
· Complimentary Money, Free Money and Other incentives refer to those amounts credited to the account of
customers. As they have not purchased these amounts TrafficNation cannot pay commissions on these amounts.
Should you fail to be entitled to the Commissionable Earnings in accordance with Clauses 4.1, 4.2, and 4.3
above, you may be given a grace period of two (2) months within which to comply. Upon compliance, your
commission for the subject period not exceeding three (3) consecutive months will be consolidated to
constitute your commissionable earnings for the same period. (at TrafficNation’s sole discretion)
Commissionable earnings will be subject to commissions as calculated using the TrafficNation Programme
commission structure in force from time to time.
Negative earnings are carried forward to the next month. Should the affiliate close the month with a positive
balance, payment will be issued if it meets the minimum requirements of 500 EUR and commissions will be paid
on the positive balance. If an affiliate has a negative balance, he will have to generate enough commissions
on the following month, which equals the absolute negative amount plus the minimum requirement of 500 EUR, in
order to get paid.
The Commissionable Earnings of the affiliate calculated based on commission structure will be earned on all
transactions that the customer undertakes with the merchant, if the affiliate remains a member of this
affiliate programme.
The Affiliate may request for any amount falling below the minimum threshold to be paid to him, at 50 Euro
cost. the request will be reviewed by the finance team.
Commissions that are rolled over for more than eighteen (18) months will then be deducted and the company no
longer has the obligation to pay these commissions to the Affiliate.
Player/s referred to our domains by any affiliate and who either self excludes voluntarily shall, at the
Company’s own discretion be excluded when calculating commissions due to the particular affiliate who
introduced the player to our website.
No-Negative Carryover: In case your balance under a Revenue Share Payment Plan in any given month is negative
due to Customer winnings and/or Non- Cash Items and/or Cash Items and/or Progressive Contributions said
balance will be set to zero. A negative balance due to Fraud costs will be carried over.
Revenue Share Plan*:
First time deposit players Amount of RS
0-10 25%
11-25 30%
26-40 35%
41+ 40%+
Contact your affiliate manager.
5. POLICIES & CONFIDENTIALITY
TrafficNation assumes ownership of the customer at point of first contact with the customer. You, as an
affiliate, act as a referring agent for TrafficNation. We reserve the right to refuse customers (or to close
their accounts) if necessary, to comply with any requirements we may periodically establish.
By opening an account with a customer, that person or entity will become our Customers and, accordingly, all
Client rules, policies, and operating procedures will apply to them.
During the term of this Agreement, you may be entrusted with confidential information relating to the
business, operations, or underlying technology of our affiliate programme (including, for example, referral
fees earned by you under the programme). You agree not to disclose or use 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 will survive the termination of this Agreement.
6. LIMITED LICENSE
We hereby grant to you a personal, non-exclusive, non-transferable limited license, during the term of this
Agreement, to use our trademarks (licensed, in turn by us, from their owner) solely in connection with the
display of the banners on your site.
By this Agreement, we grant you the non-exclusive right to direct customers to our sites and services, in
accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive
right or privilege to assist us in the provision of services arising from your referrals, and we reserve the
right to contact with and obtain the assistance from other parties at any time to perform services of the same
or similar nature as yours. You will have no claims to referral fees or other compensation on business secured
by or through persons or entities other than you.
This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the
trademarks is limited to and arises only out of this license to use the banners. You will not assert the
invalidity, unenforceability, or contest the ownership of the trademarks 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
trademarks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
We reserve the right to revoke this license at any time and it will be deemed revoked at the termination of
this Agreement, for whatsoever reason.
7. LEGAL RESPONSIBILITIES
A. Ownership and content of our sites remain our respective properties and shall not be deemed to have been
transferred to the affiliate through any act or omission in respect of the affiliation Agreement.
B. Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You
will be solely responsible for the development, operation, and maintenance of your site and for all materials
that appear on your site and at your own cost.
C. You will indemnify and hold us unaccountable from all claims, damages, and expenses (including, without
limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
This provision on indemnification is without prejudice to our separate action or claim against you under
applicable laws.
D. It is the affiliates’ responsibility to follow the correct linking and tagging procedure to ensure new
customer tracking and payment.
E. Presentation of our banners & content on affiliate’s site is the responsibility of the affiliate. The
affiliate must ensure that our content is presented in accordance with our outlines.
F. The affiliate must ensure that any material posted on their site is legal and does not infringe copyright
or violate any unlawful rights.
G. We may modify any of the terms and conditions contained in this Agreement, at any time and it is our sole
discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment procedures, and referral programme
rules and notify you via the Affiliate prorammes backend. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
H. We do not condone Spam!
I. Any form of Spam will result in your account being placed under review and all funds due will be withheld
pending an investigation into your account. Be aware that our clients are liable to incur expenses in dealing
with Spam generated mail and these same expenses will be deducted from your account should our client seek
recourse. In this instance the amount determined by the relative client 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 TrafficNation.
J. Should these expenses not be covered by funds in your account we reserve the right to investigate other
alternative means for obtaining payment for example: should your account have generated purchasing accounts we
hold the rights to withhold payments of commission for these accounts until the account for damages has been
cleared. Should your account not be active and be generating profit through commission payments we reserve the
right to demand payments from the account holder.
K. You and TrafficNation 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.
8. MISCELLANEOUS
A. Assign-ability and Inurement.
B. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable
against you and us and our respective successors and assigns.
C. 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. NO MODIFICATIONS, 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.
D. 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 will 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.
E. Severability / Waiver: Whenever possible, each provision of this agreement will be interpreted in such a
manner as to be effective and valid under applicable law, however; if any provisions of this agreement are
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.
9. TERM & TERMINATION
The term of this agreement will begin when you download linking code and link it to our site and will be
continuous unless and until either party notifies the other in writing that it wishes to terminate the
Agreement, in which case this agreement may be terminated immediately due to a reason of fraud, self-excluded,
bonus seekers, CPA abuse, incentive etc. players activity. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER
PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate
form of notification.
In the event of termination of this Agreement:
· You must remove TrafficNation‘s banner(s) from your site and disable any links from your site to
TrafficNation.
· All rights and licenses given to you in this agreement are immediately terminated.
· You will be entitled only to those unpaid referral fees if any earned by you on or prior to the date of
termination, save where termination is as a result of your breach of terms of this Agreement, as detailed at
9.2.d below. We may withhold your final payment for a reasonable amount of time to ensure that the correct
amount is paid.
· If you have failed to fulfill your obligations and responsibilities, TrafficNation reserves the right to
not pay you the referral fees otherwise owing to you on termination.
· We may withhold your final payment for a reasonable amount of time (90 days) to ensure that the correct
amount is paid.
· If we continue to permit activity (generation of revenue) from customers after termination, this will not
constitute a continuation or renewal of this agreement or a waiver of termination.
· You will and are obligated to return to us any confidential information and all copies of it in your
possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos
and other designations of the merchants.
· You and TrafficNation 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 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.
10. Excluded Territories
You will not market or promote any Site within or to persons from any Excluded Territories; or be involved in
any traffic coming from any Excluded Territories; or allow, assist or encourage circumvention of any
restriction put in place by us and/or any Site in connection with Excluded Territories. “Excluded Territories”
include the territories indicated in the list below, which may be changed by us from time to time. IT IS YOUR
DUTY TO CONSULT AND CHECK REGULARLY THIS AGREEMENT REGARDING ANY CHANGES TO THIS LIST. The Excluded
Territories are as follows: American Samoa, British Indian Ocean Territory, Bulgaria, Cyprus, France, French
Guiana, French Polynesia, French Southern Territories, Hong Kong, Ireland, Israel, Lithuania, United Kingdom,
United States, Virgin Islands (British), Virgin Islands (US).
11. RELATIONSHIP OF PARTIES
You and TrafficNation 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, to contradict anything in this paragraph or be reasonably deemed
to contradict this paragraph.
12. INDEMNITY
You hereby agree to indemnify and hold not liable TrafficNation, the entities it represents and affiliates,
and TrafficNation directors, officers, employees, agents, shareholders, partners, members and other owners,
against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses
(including reasonable attorneys’ fees), and costs (any or all of the foregoing hereinafter referred to as
“Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on any claim that
our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license,
intellectual property, or other proprietary right of any third party, any misrepresentation of a
representation or warranty or breach of a covenant and agreement made by you herein, the development,
operation, maintenance and content of your site and products and services offered from your site, any claim
related to your site, including, without limitation, content therein not attributable to us.
13. DISCLAIMER
We make no express or implied warranties or representations with respect to the referral programme or
referral 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.
14. LIMITATION OF LIABILITY
We are not liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or
data) arising in connection with this agreement or the referral programme, even if we have been advised of the
possibility of such damages. Furthermore, our aggregate liability arising with respect to this agreement and
the programme will not exceed the total commissions paid or payable to you under this agreement. Nothing in
this agreement is to 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, officers or shareholders. Any liability arising under this agreement shall be satisfied solely from
the referral fee generated and is limited to direct damages.
15. INDEPENDENT INVESTIGATION
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 REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAMME AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
16. IN WITNESS WHEREOF
By having read the terms and conditions and acknowledging such in the affiliate sign-up form, you agree to
all the terms and conditions contained herein. TrafficNation reserves the right to withhold payment from any
affiliate that violates any of the terms and conditions contained herein.
