Agreement

1. This document (the “Agreement”) sets out the terms and conditions agreed between BILLION CLUB Partner (*company name* reg. registered at *registration number*, *address* (hereinafter referred to as “BILLION CLUB Partner”, “we”, “us” or “our”) and you (hereinafter referred to as “you”, “your” or “affiliate”), in connection with your application to join our affiliate program and the promotion of the https://thebillion.club/ website and our services.
2. BILLION CLUB Partners reserves the right to update or modify this Agreement by notifying you via message to your email address five (5) days prior to the changes being implemented and presented online on the Site within the Affiliate Terms and Conditions section. If you do not agree to the changes, you must terminate this Agreement in accordance with the terms of this Agreement. Details of any changes to the Terms of Use will be posted in Section 15 of this Agreement, which is available in an updated version at https://thebillion.club/의.Your continued participation in our Affiliate Program following the posting of any changes to the Agreement will constitute your binding acceptance of those changes.
3. To join our Affiliate Program, you must agree to our Terms and Conditions and complete and submit an online application. BILLION CLUB Partners will decide in its sole discretion whether to accept your application for our Affiliate Program.
   Our decision is final and no appeals will be granted.  Once a decision has been made regarding your application, we will notify you by email whether you have been approved as an affiliate of ours.Upon successful application, you will be bound by the terms and conditions set forth in this Agreement when marketing/promoting the BILLION CLUB Partner website and services.

   BILLION CLUB Partners will send you an email with additional information if your application is approved.

Definitions

In this Agreement, unless the context otherwise requires, the following shall apply

“Affiliate” means you, the individual or entity applying to participate in the Affiliate Program.

“Sub-Affiliates” means individuals and/or entities that Affiliate may direct to BILLION CLUB Partner in an appropriate manner and which may be linked to Affiliate’s unique Affiliate account/identity, and such individuals or entities will become Affiliates of BILLION CLUB Partner.

“Affiliate Program” means the cooperation between You and Us whereby You promote the BILLION CLUB Partner Website and create links from the Affiliate Website to the BILLION CLUB Partner Website, earning Commissions as defined in this Agreement based on traffic. Website in accordance with the terms and conditions of this Agreement.

“Affiliate Website” means one or more websites on the Internet maintained and operated by Affiliate.

“Confidential Information” means any information about us that is not publicly known and that we have disclosed to you (through any means).

“Net Gross Revenue (NGR)” means the sum of BILLION CLUB Partner’s net revenue generated by all of Your Referrals during a calendar month.

“Net Revenue”, calculated on a monthly basis, means gross monthly revenue less expenses, which includes, but is not limited to, taxes, betting duties, third party commissions/fees for providing games and gaming software, financial transaction fees, bonuses, “loyalty rewards”, rakeback, cashback and chargebacks.

“Intellectual Property Rights” means all patents, trademarks, service marks, designs, trade, business, or domain names, goodwill related to any of the foregoing, copyrights, including rights in email address names, computer software (both source code and object code), and rights in databases (each as defined below). ) and databases (in each case, whether or not registered and the right to apply for registration and to apply for registration of any of the foregoing), rights in inventions and web format scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights that may now or hereafter exist in any part of the world, including all attribution rights and the right to sue and recover damages for past infringement.

“Referred Customer” means a customer who does not have a previous account on our website and signs up for an account with your affiliate tracking code attached.

“New Deposit Player” means a new customer/player who has made the first minimum deposit with the BILLION CLUB Partner, the latter being used for bona fide transactions with the ultimate goal of establishing and concluding normal commercial relations with the BILLION CLUB Partner within the framework of Business. Customer registration and first deposit need not occur simultaneously.

“Revenue Share” means the percentage of the net revenue generated by a Referred Customer that the Affiliate earns.

“Your Website” is the website you have notified us of via the Affiliate Signup Form.

“CPA” means “cost per acquisition”. “Acquisition” means a Referred Player’s first fixed term deposit (“FTD”).

“Compensation Plan” – means the CPA commission paid by the Affiliate on the FTD of a Referred Player.

For Compensation Plans that include a CPA component, the Company reserves the right to withhold payment of the Compensation Plan for any Customer Account, including but not limited to Bonus Abuser Customer Accounts, suspended and/or closed Customer Accounts, and Customers. Accounts suspended and/or closed for fraud, Customer Accounts subject to self-exclusion, or any other Customer Account that the Company determines, in its sole discretion, requires suspension and/or closure.

Links

1. The Links provided to You by BILLION CLUB Partners must be displayed and used by You in the manner agreed between You and Us, and You may not change the format, location or operation of the Links without the prior written consent of BILLION CLUB Partners.
2. You must ensure that You do not place any Links on Your Website pages that are directed to users under the age of 18.
3. If You wish to place a Link on a website other than Your Website, You must first obtain BILLION CLUB Partner’s written consent.
4. If we discover that your use of the Links does not comply with the terms of this Agreement, we reserve the right to take steps to render the Links you use inoperable and to terminate this Agreement immediately without notice to you (see 13.2).

Calculating your revenue share and net generated revenue

1. Your Revenue Share is calculated according to the following structure.
2. The revenue sharing model set out in 4.1.1 is always applicable to Casino and Sports Betting Products.
3. Net Generated Revenue is calculated for each BILLION CLUB Partner Product according to the following conditions
   
   1. NGR for Sports Betting is calculated as the result of calculating the wagering revenue actually received by us from Referred Customers, minus any winnings, credits, bonuses or promotional amounts provided to Referred Customers, processing costs, chargebacks, or unrecoverable revenue attributable to Referred Customers.
   2. The Casino’s NGR is calculated as the total gross wagering of all customers you refer, minus payouts (calculated on our website), minus any winnings, credits, bonuses or promotional amounts provided to the referring customer, processing costs, chargebacks, or any other amounts. Unrecoverable Revenue Attributable to Referred Customers.
      We reserve the right to change the Revenue Share and Net Generated Revenue percentages and the method of calculating the Revenue Share at will, subject to Section 1.2.

Prohibited conduct

1. You may not provide any additional compensation of any kind to your Referred Customers without the prior written consent of BILLION CLUB Partner. If BILLION CLUB Partner determines that you have breached this condition, BILLION CLUB Partner may terminate your Affiliate Agreement and garnish any additional revenue share from your Referred Customers for payment to you (see Section 13.2).
2. Neither you nor your immediate relatives (spouse, partner, parents, children or siblings) are eligible to receive Revenue Share from your own or your immediate relatives’ customer accounts under any circumstances.
3. You are prohibited from modifying, redirecting, inhibiting or replacing the operation of any button, link or other interactive feature of BILLION CLUB in any way.  

obligations of billion club partners

1. BILLION CLUB Partner will provide You with a link to include on Your Website and may update such link from time to time.
2. BILLION CLUB Partner shall use its best efforts to ensure that whenever a Referred Customer signs up with BILLION CLUB Partner through an Affiliate Link with your tracking code attached, such Customer is identified as originating from your Website; however, BILLION CLUB Partner shall not be liable to you in any way if BILLION CLUB Partner is unable to identify a Customer as originating from your Website.

Payments

1. Payments are made on the 3rd of each month.
2. The minimum monthly payment for Affiliate Payments is €50. If the Revenue Share does not exceed €50, the BILLION CLUB Partner may withhold and carry over such amount until the end of the first month in which the Revenue Share is paid. If the Revenue Share (including the carryover amount) exceeds €50, payment shall be made. For the avoidance of doubt, payment shall be made only if the balance remains and exceeds €50 for that month.
3. If the Affiliate’s Revenue Share for a particular month is negative, such negative amount will be carried forward to the following month.
4. BILLION CLUB Partners will provide you with a statement detailing your Referred Customers and your net revenue share via your personal affiliate page, https://thebillion.club/.

Intellectual property rights

1. BILLION CLUB Partner grants you a non-exclusive, worldwide license to display the BILLION CLUB Partner branded features and related content (“BILLION CLUB Partner Content”) during the Term solely for the purpose of displaying a link to them on your website. Subject to BILLION CLUB Partner’s instructions as set forth in this Agreement and as may be provided to you from time to time. All intellectual property rights and goodwill arising from the Links and all betting products, related systems and software associated with the services provided by BILLION CLUB Partner to its customers from time to time shall remain the property of BILLION CLUB Partner. You may not alter or modify the BILLION CLUB Partner Content in any way without the express prior written consent of the BILLION CLUB Partner.
2. You agree that Your Website is not in any way similar to the look and/or feel of the BILLION CLUB Partner Sites and does not give the impression that Your Website is a BILLION CLUB Partner Site (or any part thereof).

Warranties

1. Each party to this Agreement will, during the Term, enter into this Agreement, grant to the other party the rights and licenses granted in this Agreement, and perform all of its obligations under this Agreement.
2. You warrant that you have obtained and will keep in effect all registrations, approvals, consents and licenses necessary to perform your obligations under this Agreement.

Indemnification

We do not represent that the operation of the BILLION CLUB Partner Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Indemnification

You are solely responsible for all marketing initiatives undertaken by you and/or your sub-affiliates, including compliance with applicable legal requirements.

You will indemnify and hold harmless BILLION CLUB Partners and each of its respective associates, officers, directors, employees, agents, shareholders and partners (the “Indemnified Parties”) from and against any and all The losses, demands, claims, damages, costs, expenses (including, without limitation, consequential loss and loss of profits, reasonable legal costs and expenses and, where applicable, value added tax) and liabilities are those suffered or incurred by the Indemnified Parties directly or indirectly as a result of any breach, default or failure by you and/or your Sub-Affiliates to comply with any of the Indemnified Party’s obligations or warranties contained in this Agreement or any applicable law or regulation.

Exclusion of liability

1. Nothing in this Section 12.1 shall limit BILLION CLUB Partner’s liability for death or personal injury caused by BILLION CLUB Partner’s negligence or fraud.
2. In no event will BILLION CLUB Partner be liable, whether in contract, tort (including but not limited to negligence) or otherwise, for: loss of revenue, profits, contracts, business or anticipated savings; or loss of goodwill or reputation; or in any event any indirect or consequential loss (whether such loss was within the contemplation of the parties at the time of entering into this Agreement or otherwise under this Agreement).
3. In no event shall BILLION CLUB Partner’s liability to you exceed the aggregate amount of all payments made by BILLION CLUB Partner to you during the six (6) months preceding the date on which such liability arose.

Term

1. This Agreement shall commence on the date we notify you that your application has been successfully completed in accordance with clause 1. This Agreement will continue thereafter unless terminated by either party on 30 days written notice.
2. If You are in material breach of Your obligations under this Agreement, BILLION CLUB Partner may terminate the term immediately. By notifying You in writing, it will cease to pay any further Revenue Share to the Referred Customer.
3. If a Referred Customer is inactive for a period exceeding 24 months, this Customer will no longer be considered a Referral of yours and you will no longer be entitled to receive additional revenue share from future revenue generated by this Player.

Your personal information

We have a legal obligation to comply with data protection requirements in the way we use the personal information we collect from you. Therefore, we take our obligations regarding the way we use your personal information very seriously. Please read our Privacy Policy to learn how we use your personal information.

General

1. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreements between the parties relating to the subject matter of this Agreement. Nothing in this clause shall apply to limit or exclude liability for fraud.
2. If any provision of this Agreement is found to be invalid or unenforceable by a court or administrative body of competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
3. All notices given or delivered to BILLION CLUB Partner under this Agreement shall be sent to the relevant email [email protected]으로. BILLION CLUB Partner will send all notices given or made under this Agreement to you at the email address provided in your application or such other email address as you have notified BILLION CLUB Partner.
4. Nothing in this Agreement is intended to create a partnership between the parties or authorize either party to act as an agent of the other, and neither party shall have any authority to act in its own name or on its behalf or otherwise bind the other; provided, however.
5. Neither party may make any announcement relating to this Agreement or its subject matter without the prior written authorization of the other party, except as required by law or by any legal or regulatory authority.
6. The validity, construction and performance of this Agreement (and any claim, dispute or matter arising out of or in connection with this Agreement or its enforceability) shall be governed by and construed in accordance with the laws of the Netherlands Antilles. The courts of the Netherlands Antilles shall have exclusive jurisdiction over any claim, dispute or matter arising in connection with this Agreement or its enforceability.
7. In the event of any inconsistency between the meaning of the translated versions of this Agreement, the meaning of the English version shall prevail.

Changes to this agreement

This Agreement has not been changed or modified since March 25, 2024.