Guardian Affiliates provides you with the non-exclusive right to direct customers ("Players") from your site or sites to the Client's websites, in return for the payment of commissions and referral bonuses as agreed to from time to time. This agreement commences when you confirm your registration with Guardian Affiliates and commence using marketing material of any kind provided by Guardian Affiliates.
Your application may be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights. This decision is final and no correspondence will be entered into.
Your registration with Guardian Affiliates indicates your acceptance to utilize our provided marketing material on your website, email campaigns or print advertisements. You agree that we will terminate your account immediately if there is any form of spamming or misrepresentation of our clients or client offers. You will not make any claims, representations or warranties in connection with Guardian Affiliates or our clients and you shall have no authority to, and shall not, bind us or our client sites. Any of the above will result in immediate closure of your affiliate account with Guardian Affiliates and all earnings being forfeited.
Any form of spam will result in your account being suspended or closed and all funds due will be withheld. You need to be aware that we or our associated gaming rooms are liable to incur expenses in dealing with spam generated mail and these same expenses may be deducted from your account. 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 yourself as fair and reasonable and as agreed to by registration as an affiliate of Guardian Affiliates.
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.
You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Guardian Affiliates or its associated casinos harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Client's site via your link or from practices performed by you as an affiliate, 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 into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that fraudulent traffic has been sent with your knowledge.
Revenue Share
You shall be entitled to a commission equal to the applicable percentage of Player Net Gaming Revenue derived from any transaction from Players who used our associated gaming rooms.
"Player Net Gaming Revenue" is defined as gross bets less payouts (calculated using the associated casinos software), derived from any real transaction with a Linking Visitor in which revenue is paid or credited to the Client, less: (i) charge backs and discretionary returns; (ii) sign up bonuses; and (iii) promotion bonuses. Negative balances will NOT carry forward from one month to the next except in the case of a chargeback and negatives arising from free money promotions, which will be carried forward until such time as it is absorbed by your earnings. Chargebacks will be applied in the month that we receive notification of the transaction.
"Applicable Percentage" is defined as the percentage, calculated monthly, set forth in the table below (or as otherwise agreed in writing, for the service during the month from which the Player Net Revenues were derived:
Number of Players (RMP) - Monthly |
Your commission |
1 - 10 |
25% |
11 - 25 |
30% |
26 - 100 |
35% |
101 - 250 |
40% |
251 - 500 |
45% |
501 and more |
50% |
All amounts are expressed in U.S. dollars.
WE RETAIN THE RIGHT TO DECLINE ADMITTANCE TO OR CANCEL CONTINUED PARTICIPATION IN THE REVENUE SHARE PROGRAM, IF AT ANYTIME, IN OUR SOLE DISCRETION, WE DETERMINE THAT YOU ARE ABUSING THE PROGRAM BY REFERRING PLAYERS TO OUR CLIENT SITES WHOM WE DEEM NOT TO BE LIGITIMATELY INTERESTED IN THE PRODUCTS AND SERVICES OF OUR CLIENT SITES, IN SUCH EVENT, YOUR COMMISSION WILL BE FORFEITED AND NO FURTHER CORRESPONDENCE WILL BE ENTERED INTO.
CPA program
You will be entitled to a commission based on the number of new depositing players directed to our casino clients who have deposited above a pre-determined amount ("filter"). The filter amount is at the discretion of Guardian Affiliates and we reserve the right to change this amount with prior written notice at anytime. The filter amount is currently a single deposit of not less than $50. Should your delivered players not return and substantiate their initial deposit with repeat play and deposits, we reserve the right to move your account back to the Revenue Share model at anytime with prior written notice. For example, to meet the requirements of a CPA program for $150, the player must make a minimum deposit of $50 as well as make subsequent deposits to the value of $150 during the month. Our decision with regards to this is final and no further correspondence will be entered into.
If at any time there is a promotional offer in place that increases the CPA offer then the deposit requirements by any players signing up during this term will not be less than the CPA amount that is being offered.
The CPA which you are able to earn will be calculated in accordance with the following table -
Number of Players (RMP) - Monthly |
You earn this CPA |
From 1-15 new players per month |
$75 per player |
From 16-30 new players per month |
$100 per player |
From 31-50 new players per month |
$125 per player |
From 51-100 new players per month |
$150 per player |
From 101-200 new players per month |
$200 per player |
From 201-300 new players per month |
$250 per player |
From 301- 450 new players per month |
$300 per player |
From 451 new players and up per month |
$500 per player |
WE RETAIN THE RIGHT TO DECLINE ADMITTANCE TO OR CANCEL CONTINUED PARTICIPATION IN THE CPA PROGRAM, IF AT ANYTIME, IN OUR SOLE DISCRETION, WE DETERMINE THAT YOU ARE ABUSING THE PROGRAM BY REFERRING PLAYERS TO OUR CLIENT SITES WHOM WE DEEM NOT TO BE LIGITIMATELY INTERESTED IN THE PRODUCTS AND SERVICES OF OUR CLIENT SITES, IN SUCH EVENT, YOUR COMMISSION WILL BE FORFEITED AND NO FURTHER CORRESPONDENCE WILL BE ENTERED INTO. ALTERNATIVELY, WE RESERVE THE RIGHT TO TRANSFER YOUR CPA LINKS TO OUR REVENUE SHARE MODEL WITH IMMEDIATE EFFECT. WE RETAIN THE RIGHT TO DECLINE ADMITTANCE TO THE Guardian Affiliates PROGRAM AT ANYTIME , .
- RIGHT TO RE - CLASSIFY YOUR ACCOUNT FROM CPA PROGRAM TO A REVENUE SHARE PROGRAM
Processing of Payments
Guardian Affiliates will process payments to webmasters for the month within seven (7) business days following the close of the month. As an affiliate member of Guardian Affiliates, it is your responsibility to ensure that your payment details are correct prior to the first business day of each new month. Failure to provide accurate payment details will result in holding of your payment and you will incur any fees in association with cancellation and re-issue of an incorrectly processed payment.
Guardian Affiliates tracking system shall be the sole method for determining the basis of the calculation of commissions and referral bonuses hereunder, and Guardian Affiliates calculations shall be binding on the Webmaster, absent manifest error.
A chargeback occurs when a credit card holder discovers a charge that they have not authorized. The credit card holder can request that this transaction be reversed by their bank. Chargebacks relate to fraudulent use by a third party of a credit card holder's details. As outlined above, chargeback amounts are removed from affiliate earnings in the month that they are received.
Restricted Jurisdictions You shall not , nor shall you authorize or encourage any third party to advertise, promote or market our Site’s banner or links within restricted jurisdiction as outlined by our clients.
Affiliate payments will be made on the 15th of each month unless this date falls on a Saturday or Sunday, in which case the payment will be paid on the Monday.
Guardian Affiliates commission is paid at as per the table above and calculated as set out above. The minimum earnings required to receive a commission payment from Guardian Affiliates is $50 and your payment can be sent to you via Neteller or Moneybookers. For payments of less than $500 made via Bank Wire or other, Guardian Affiliates will deduct a fee of $30.
No affiliate can profit from an account generated by themselves or by a relation of any kind to the affiliate member. If an affiliate is caught profiting from an account generated by them they will forfeit any earnings they have made and their account will be terminated.
During your term as an affiliate of Guardian Affiliates, you may be entrusted with confidential information with regards to the program itself or clients represented. You agree to avoid disclosure of this information to any third party or outside persons unless you have the prior written consent to do so from Guardian Affiliates.
Guardian Affiliates may modify any of the Terms and Conditions set forth in this Agreement at any time to protect us from regular new scams that are developed by casino players and/or the affiliates who referred them. All changes to the Terms and Conditions of Guardian Affiliates will be posted on the site.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND FORFEIT ANY FUTURE EARNINGS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Indemnity
You shall defend, indemnify, and hold Guardian Affiliates, 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 any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this affiliate Program.
Disclaimers
We make no expressed or implied warranties or representations with respect to the Affiliate Program, Guardian Affiliates 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.
Relationship of Parties
Guardian Affiliates and yourself are both 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 Guardian Affiliates behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything stated in this paragraph.
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 Affiliate 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.
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 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 affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Miscellaneous
1) Governing Law
The laws of Malta , without reference to will govern this Agreement's rules, as the governing choice of law.
Any action relating to this Agreement must be brought in Malta and you irrevocably consent to the jurisdiction of its courts.
2) 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.
3) 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.
4) 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.
Guardian Affiliates Limited
Last modified 14/11/2007
