1. Operating Agreement- Giantaffiliates.com
1.1 The website www.giantaffiliates.com is the official Affiliate program for the Giantlottos.com brand, owned and operated by Mikar Online Limited, and trading as Giantaffiliates.com, (registered company number HE 322229) of 7th Floor, 2-4 Capital Centre, Nicosia, 1065, Cyprus.
1.2 This Affiliate Service Agreement (the "Agreement") is entered into between GiantAffiliates.com, (known as “GiantAffiliates.com”), and you, the affiliate (known as “Affiliate”) user of the Giantaffiliates.com service.
1.3 If an affiliate registers with the Giantaffiliates.com program either online or offline, they will be deemed to have accepted the Conditions as set out below. Affiliates may copy these Conditions and store them for future reference. Affiliates must read the provisions set out below carefully and confirm their agreement to them before using the services.
2.1 "Giantaffiliates.com" means the service, operated by Mika Online Ltd, which allows an affiliate to promote the Giantlottos.com brand on the affiliate’s own website for reward in accordance with the terms and conditions of this agreement.
2.2 “Giantlottos.com” means the merchant website, operated by Mika Online Ltd, which allows players to purchase entries into lottery subscriptions via the giantlottos.com website.
2.3 "Affiliate" means any person who owns and operates a website or provides a marketing service in which the merchant’s website/s is/are promoted for reward pursuant to the Giantaffiliates.com affiliate service and in accordance with the terms and conditions of this agreement.
2.4 "Affiliate Account" means your login-protected account located on the Giantaffiliates.com website which contains your individual Affiliate Tracking Link codes and on which you view commission statistics.
2.5 “Player” means a natural person(s) who has registered and holds an active account including username and password on the Giantlottos.com website/s.
2.6 "Click" means an event which occurs when a visitor clicks on an affiliate tracking link that results in a merchant's website in respect of an affiliate program being viewable to the visitor.
2.7 "Commission Rate" means the manner in which an Affiliate will be rewarded by a Merchant for promoting Merchant websites.
2.8 "Tracking Cookie" means an identifier used to determine which Affiliate referred a Visitor to a Merchant's website in respect of an Affiliate Program.
2.9 “Merchant” means Giantlottos.com.
3.1 These Conditions are personal to the Affiliate and cannot be assigned or transferred to any other Affiliate. Affiliates may not sub-contract any of their obligations under these Conditions. Giantaffiliates.com may assign, transfer or subcontract the performance of its rights or obligations under these Conditions.
3.2 No variation of these Conditions will be valid unless authorised in writing by one of Giantaffiliates.com duly authorised representatives.
3.3 No waiver by Giantaffiliates.com of any breach of these Conditions by an Affiliate shall be considered as a waiver of any subsequent breach of the same or any other provision.
3.4 Nothing in these Conditions shall constitute or be construed as constituting a partnership or joint venture between Giantaffiliates.com and an Affiliate; or shall authorise either party to enter into contractual relationships or incur obligations on behalf of the other.
3.5 An entity which is not expressly a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999, or otherwise, to enforce any term of these Conditions.
3.6 If any provision of these Conditions is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions shall continue in full force and effect.
3.7 These Conditions represent the entire agreement between the parties relating to their subject matter and supersede all such prior agreements, arrangements, and undertakings between the parties. Affiliates have no remedy in respect of any untrue statement innocently or negligently made by or on behalf of Giantaffiliates.com prior to entering into these Conditions which they relied upon in entering into these Conditions whether such representation was made orally or in writing.
4. Affiliate Marketing
4.1 By participating in Giantaffiliates.com affiliate program, the Affiliate agrees to place creative materials (including but not exclusive to banners, text links and email promotion) on the Affiliate’s own website(s), promoting the Giantlottos.com brand.
4.2 Giantaffiliates.com shall provide the Affiliate with approved marketing materials inclusive of creative banners, email template, and text links. These materials are available through the Giantaffiliates.com website. You may only use promotional material supplied by Giantaffiliates.com unless Giantaffiliates.com has given you written approval to use the external promotional material.
4.3 You may not use spam to promote the Giantaffiliates.com program. Affiliates sending advertising via blogs, email, forums, live messages without the recipients’ permission to send such material constitutes as spam. We will terminate an Affiliate account immediately if we deem in our sole discretion that spam is being committed.
4.4 You may not promote the Giantaffiliates.com program on any illegal website or any website that promotes illegal activities in any way.
4.5 You may not promote the Giantaffiliates.com program purposely to minors (persons under the age of 18) or promote in any way deemed as offensive, hateful, crude, oppressive or unlawful.
4.6 You shall not make any claims, representations, or warranties in connection with Giantaffiliates.com affiliate program and you shall have no authority to and shall not bind us to any obligations.
4.7 You are not permitted to use the Giantaffiliates.com or Giantlottos.com brand as part of any PPC advertising campaign. If you are found to be brand bidding we reserve the right to withhold all revenue and close your account with our program.
4.8 You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
5. Lifetime revenue commission model
5.1 The Affiliate shall receive a commission at the rate specified in clause 6. for every ticket purchased via each player referred through the Giantaffiliates.com program for the lifetime of each referred player's account.
The commission is paid for the lifetime of the player on the sole proviso that affiliates account remains active.
Should an affiliate's account be deemed as inactive, no commission will be due or payable. If the account is subsequently reactivated, the commission becomes payable from the month in which the reactivation took place. No commission will be retroactively paid out for any amount of inactivity. Nor will commissions carry over when an account is in the inactive state to a reactivated account.
In order to remain active, an affiliate account must meet at least ONE of the following minimum requirements within a quarterly (three months) period:
1) The affiliate must have generated at least 99 clicks via any form of their unique tracking link (banner, email, social media or other);
2) or generated at least 2 verified player registrations to Giant's website(s).
An affiliates account will be reactivated if they meet any one of the two above requirements and concurrently request reactivation of their affiliate account via notice to [email protected]
6. Commission Rates
The Giantffiliates.com affiliate commission structure for ticket sales is as follows:
- Lifetime Revenue Share Based on Gross ticket sale price (see clause 5.1 above for conditions):
Tiered Commission Percentage to Value of Monthly Sales:
£1 to £3,000 = 15% rev-share
£3,001 to £5,000 = 30% rev-share
£5,001 to £7,000 = 40% rev-share
£7,001 + = 50% rev-share
Note: Should Giantlottos.com offer tickets at a discounted price for promotional purposes or via bulk subscription purchases, the Affiliate’s commission will be calculated at the discounted ticket purchase price.
7. Commission Terms
7.1 Commissions are only paid on referred players and not paid on any tickets purchased by the Affiliates themselves.
7.2 Commissions are not paid on ticket orders made via fraudulent credit card transactions and/or reversed/ charged back transactions. The referring Affiliate will be made aware of any such transactions as soon as possible. Should an Affiliate’s commission for the reversed/ charged back transaction already be remitted, Giantaffiliates.com shall deduct the full amount of commission from the fraudulent transaction from future Affiliate commissions until the amount of chargeback is reclaimed.
7.3 Giantaffiliates.com reserves the right to immediately cancel an Affiliate’s account that has, in Giantaffiliates.com’s opinion, an unusually high quantity of chargeback refunds. Furthermore, Giantaffiliates.com shall notify the relevant authorities and pursue legal damages from any Affiliate suspected to be involved in fraudulent charge back activity.
7.4 The Giantaffiliates.com program will track all ticket sales generated via the unique tracking pixel placed on each Affiliate’s website and in accordance with the commission structure in clause 6.
7.5 Giantaffiliates.com shall calculate Affiliate commissions due on the 1st day of each calendar month for the traffic referred the previous month. Payments will be made to Affiliates within seven (7) working days. Payments are made in EUR, GBP, AUD, and USD.
7.6 Affiliates maintain confidential access to their accounts to view real time statements showing total sales, commissionable rate and the total commission due. Should an Affiliate wish to dispute the statement and payment due thereof, a written complaint must be lodged to Giantaffiliates.com within seven (7) days of the statement being produced.
7.7 Monthly commissions not exceeding £70.00 sterling shall be carried over until the following month or until such a time as the total commission due exceeds £70.00 sterling.
8.1 The term of this Agreement will begin when you establish an affiliate link from one of your sites to Giantlottos.com 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.
8.2 For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
8.3 Upon termination:
You must remove banners from your site and disable any links from your site to ours.
All rights given to you in this Agreement shall immediately terminate.
You will be entitled only to those unpaid commissions, if any, earned by you on or prior to the date of termination. You will not be entitled to any commissions, inclusive of life time rev-share commissions, occurring after the date of termination.
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 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 Giantaffiliates.com and Giantlottos.com.
You and we 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 which 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.
9.1 Giantaffiliates.com reserves the right to modify these Conditions if it is reasonably necessary to do so. Any changes will be notified on the Website.
9.2 If it is reasonably necessary to do so Giantaffiliates.com reserves the right to withdraw the Website or any of the Services without prior notice.
10. Intellectual Property
10.1 The names, images, pictures, logos and icons identifying Giantaffiliates.com, and Giantlottos.com and their Services are, unless otherwise stated, their intellectual property. Other products, pictures, images, logos, and icons and company names mentioned on the Website may belong to other companies.
10.2 All intellectual property rights in the design, content and arrangement of the Website (including its text, domain name and graphics, all software compilations or underlying source code, banners, text links and all other material on the Website) are reserved by Giantaffiliates.com or its content and/or technology providers.
11.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation. Where the context dictates in these Conditions, the singular shall include the plural and vice versa and any gender includes the other genders. Any reference to a clause shall mean a clause of these Conditions.
12. We reserve the right to change this agreement at any time and with out notice.
Definition: A "Sub-Affiliate" shall mean an Affiliate introduced to Giantaffiliates.com by you.
Introduction: You may introduce potential Sub-Affiliates to Giantaffiliates.com and we will evaluate the Sub-Affiliate application. In the event that the application is accepted, you will be notified of our acceptance of the Sub-Affiliate introduced by you. We reserve the right, in our sole discretion, to reject a Sub-Affiliate application.
Sub-Affiliate Agreement. As a condition of our acceptance of a Sub-Affiliate to the Giantaffiliates.com Affiliate Program, each Sub-Affiliate will be required to accept the Giantaffiliates.com Affiliate Agreement.
Sub-Affiliate Commissions. Sub-Affiliates shall receive commissions from Giantaffiliates.com in accordance with the revenue share commission as set out within the Affiliate Agreement. You shall be entitled to receive commissions from Giantaffiliates.com in relation to commissions received by Sub-Affiliates introduced by you (a "Sub-Affiliate Commission"). A Sub-Affiliate Commission shall be calculated on a per gross revenue basis.
The Sub-Affiliate Commissions shall be as follows:
Campaign Commission Type Commission payable
Giantlottos.com Revenue Share 5%
Restrictions. In relation to Sub-Affiliates you are strictly prohibited from doing any of the following:
Introducing yourself or a family member as a Sub-Affiliate.
Offering or providing a Sub-Affiliate or potential Sub-Affiliate any incentive (financial or otherwise) to act as or become a Sub-Affiliate.
Termination. In relation to Sub-Affiliates, we reserve the right to immediately terminate any agreement with a Sub-Affiliate who violate any of the terms as set out above or act in any other way considered as bad faith by Giant Affiliates.com
Modification. We may modify any of the terms and conditions contained herein, at any time and at our sole discretion.
BY APPLYING TO GIANT LOTTOS AFFILIATE PROGRAM: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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.
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