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Terms and Conditions

Version 1.3, Published on March 25, 2024

In order to apply for our affiliate program, you must read, understand and agree to these Terms and Conditions. If you do not agree to them, please do not continue with your application.
If you have any questions regarding our affiliate program, please contact [email protected] for more information.

1. Agreement

1.1 This document (the “Agreement”) sets out the terms and conditions agreed upon between BILLION CLUB Partner (*Company Name* reg)

*Registration Number*, Address* (hereinafter “BILLION CLUB Partner”, “We” or “Our”) and you (hereinafter “You”, “Your” or “Affiliate”), in connection with your application to join our affiliate program and the promotion of our website https://thebillion.club/ and our services.

1.2 BILLION CLUB Partner reserves the right to update or modify this Agreement by notifying you via a message to your email address 5 days prior to the changes being implemented and displayed online on the Site within the Affiliate Terms and Conditions section.

If you do not agree to any changes, you must terminate this Agreement in accordance with the terms of this Agreement. Any changes to the Terms of Use will be posted in Section 15 of this Agreement, which can be found in the updated version at https://thebillion.club/.
If you continue to participate in our Affiliate Program after any changes to the Agreement have been posted, you will be deemed to have accepted those changes as binding.

1.3 To join our Affiliate Program, you must agree to our Terms of Use and complete and submit an online application.
BILLION CLUB Partner will, in its sole discretion, decide whether to accept your application for our Affiliate Program.
Our decision is final and no appeals will be entertained.
Once a decision has been made regarding your application, you will be notified by email whether you have been accepted as an affiliate.
Upon successful application, you will be bound by the Terms of Use set out in this Agreement when marketing/promoting the BILLION CLUB Partner Website and Services.
BILLION CLUB Partner will send you an email with further information once your application has been accepted.

2. Definitions

Unless the context otherwise requires, this Agreement:

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

“Sub-Affiliate” means any individual and/or entity that an Affiliate may appropriately direct to a BILLION CLUB Partner and that may be linked to the Affiliate’s unique Affiliate Account/Identity, and such individual or entity shall become an Affiliate of the BILLION CLUB Partner.

“Affiliate Program” means a partnership 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, and you are paid a commission based on traffic generated by the Website, as defined in this Agreement.

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

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

“Net Revenue (NGR)” means the sum of the Net Revenue of the BILLION CLUB Partner generated from all of your referrals in a calendar month.

“Net Revenue” calculated on a monthly basis means the gross revenue for the month, excluding expenses, including but not limited to taxes, betting duties, third party commissions/fees for providing the Games and Game Software, financial transaction fees, bonuses, “loyalty rewards”, rakebacks, cashbacks and chargebacks.

“Intellectual Property Rights” means all patents, trademarks, service marks, designs, trade, business or domain names, goodwill related to any of the foregoing, email address names, copyrights including rights in computer software (both source code and object code) and rights in databases (in each case whether 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 which may now or in the future exist anywhere in the world, including all rights of attribution and the right to sue for past infringement and claim damages.

“Referred Customer” means a Customer who has not previously had an account on our website and has signed up for an account with your affiliate tracking code attached.

“New Depositing Player” means a new Customer/Player who has made the first minimum deposit to a BILLION CLUB Partner, the latter being used for a bona fide transaction with the ultimate goal of establishing and entering into a normal commercial relationship with the BILLION CLUB Partner within the framework of the following business. The registration of the Customer and the first deposit need not be made at the same time.

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

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

“CPA” means “Cost Per Acquisition”. “Acquisition” means the first regular deposit (“FTD”) of the Referred Player.

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

For Compensation Plans that include a CPA element, the Company reserves the right to withhold payment of any Compensation Plan for any Customer Account, including but not limited to Bonus Abuser Customer Accounts, Suspended and/or Closed Customer Accounts, Customer Accounts Suspended and/or Closed due to Fraud, Self-Exclusion Customer Accounts, or any other Customer Accounts that the Company, in its sole discretion, deems necessary to be suspended and/or closed.

3. Links

3.1 Links provided to you by a BILLION CLUB Partner must be displayed and used by you in the manner agreed upon between you and us, and you may not alter the format, location, or operation of the link without the prior written consent of the BILLION CLUB Partner.

3.2 You shall not place any Links on any page of your website that are intended for users under the age of 18.

3.3 If you wish to place a Link on a website other than your own, you must first obtain the written consent of the BILLION CLUB Partner.

3.4 If we discover that your use of the Link does not comply with the terms of this Agreement, we reserve the right to take action to disable the Link you use and terminate this Agreement immediately without notice to you (see 13.2).

4. Revenue Share and Net Generated Revenue Calculation

4.1.1 Your Revenue Share will be calculated according to the following structure:

4.1.2 The Revenue Share Model set out in 4.1.1 will always apply to Casino and Sports Betting Products.

4.2 Net Generated Revenue will be calculated for each BILLION CLUB Partner Product according to the following terms:

a) NGR for Sports Betting is calculated as the actual betting revenue received by the Referred Customer from us, minus any winnings, credits, bonuses or promotions granted to the Referred Customer, processing costs, chargebacks, or any non-recoverable revenue attributable to the Referred Customer. b) The Casino’s NGR is calculated as the total wagering of all customers you have referred minus any payouts (calculated on our website), any credits, bonuses or promotions given to the referred customer, processing fees, chargebacks or any other amounts that are not recoverable to the referred customer.

We reserve the right to change the Revenue Share and Net Generated Revenue ratio and the Revenue Share calculation method as we wish, subject to clause 1.2.

5. Prohibited Conduct

5.1 You may not provide any kind of additional compensation to your referred customers without the prior written consent of the BILLION CLUB Partner.
If the BILLION CLUB Partner determines that you have violated these Terms, the BILLION CLUB Partner may terminate your Affiliate Agreement and forfeit any additional revenue share from your referred customers to you (see Terms 13.2).

5.2 Neither you nor your immediate relative (spouse, partner, parent, child or sibling) may receive any revenue share from your own or your immediate relative’s customer account under any circumstances.

5.3 You are prohibited from modifying, redirecting, suppressing or replacing the operation of any buttons, links or other interactive features of the BILLION CLUB in any way.

6. Obligations of the BILLION CLUB Partner

6.1 The BILLION CLUB Partner may provide you with links to include on your website and may update such links from time to time.

6.2 BILLION CLUB Partner shall use its best efforts to identify the referred customer as originating from your website whenever he/she joins BILLION CLUB Partner through your affiliate link with your tracking code attached. However, BILLION CLUB Partner shall not be liable to you in any way if BILLION CLUB Partner is unable to identify the customer originating from your website.

7. Payment

7.1 Payments shall be made on the 3rd day of each month.

7.2 The minimum monthly payment amount for affiliate payments is €50. If the revenue share does not exceed €50, BILLION CLUB Partner may hold and carry forward the amount until the end of the first month in which the revenue share is paid. If (including the carryover amount) exceeds €50, the payment shall be made. For the avoidance of doubt, you will only receive a payment if you have a remaining balance and it exceeds €50 in that month.

7.3 If the Affiliate’s Revenue Share in a particular month is negative, such negative amount will be carried forward to the following month.

7.4 BILLION CLUB Partner will provide you with a statement detailing your Referrals and your Net Revenue Share via your personal Affiliate Page at https://thebillion.club/.

8. Intellectual Property Rights

8.1 BILLION CLUB Partner grants you a non-exclusive, worldwide license to display BILLION CLUB Partner brand features and related content (“BILLION CLUB Partner Content”) for the Term solely for the purpose of displaying the Link 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 Link and any betting products, related systems and software related to 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 any BILLION CLUB Partner Content in any way without the express prior written consent of BILLION CLUB Partner.

8.2 You agree that your website will not resemble in any way the look and/or feel of a BILLION CLUB Partner Site or create the impression that your website is a BILLION CLUB Partner Site (or part of it).

9. Warranty

9.1 Each party to this Agreement shall, during the Term, execute this Agreement, grant to the other the rights and licenses granted in this Agreement, and perform all of its obligations under this Agreement.

9.2 You warrant that you have obtained and will maintain in force all registrations, approvals, consents, and licenses necessary to perform your obligations under this Agreement.

10. 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 responsible for the consequences of any interruption or error.

11. Indemnification

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

You (the “Indemnifying Party”) shall indemnify and hold harmless BILLION CLUB Partner and each of its associates, officers, directors, employees, agents, shareholders, and partners (the “Indemnifying Party”) from and against any and all claims, damages, costs, and expenses incurred by you or any third party. Any losses, demands, claims, damages, costs, expenses (including but not limited to consequential losses and loss of profits, reasonable legal fees and expenses, and where applicable VAT) and liabilities suffered or incurred by the Indemnified Party directly or indirectly as a result of: the 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.

12. Exclusion of Liability

12.1 Nothing in this Section 12.1 shall limit the liability of BILLION CLUB Partner for death or personal injury resulting from BILLION CLUB Partner’s negligence or fraud.

12.2 BILLION CLUB Partner shall not be liable in contract, tort (including but not limited to negligence) or otherwise for: any loss of revenue, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential loss (whether or not such loss was within the scope contemplated by the parties at the time of entering into this Agreement or otherwise under this Agreement).

12.3 In no event shall BILLION CLUB Partner’s liability exceed the total amount paid by BILLION CLUB Partner to you in the 6 months preceding the date on which such liability arose.

13. Term

13.1 This Agreement shall commence on the date on which we notify you that your application has been successfully completed in accordance with Clause 1. This Agreement shall continue thereafter unless terminated by either party upon 30 days’ written notice.

13.2 If you materially breach your obligations under this Agreement, BILLION CLUB Partner may immediately terminate the Term. We will stop paying any additional revenue share to the Referred Customer by giving you written notice.

13.3 If a Referred Customer remains inactive for a period exceeding 24 months, he or she will no longer be considered as your Referral and you will no longer be entitled to any additional revenue share from any future revenue generated by that Player.

14. Your Personal Information

We are legally required to comply with data protection requirements in the way we use personal information we collect from you. We therefore take our obligations regarding the way we use your personal information very seriously. Please read our Privacy Policy to find out how we use your personal information.

15. General

15.1 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 Agreement shall apply to limit or exclude liability for fraud.

15.2 If any provision of this Agreement is held to be invalid or unenforceable by any 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.

15.3 Any notice given or communicated to a BILLION CLUB Partner under this Agreement shall be sent to the relevant email [email protected]. BILLION CLUB Partner will send you any notices given or made under this Agreement to the email address provided in your application or to any other email address you have notified BILLION CLUB Partner.

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 any authority to act in its own name or on its behalf or otherwise bind the other. Nevertheless.

15.5 Neither party shall make any announcement relating to this Agreement or its subject matter without the other party’s prior written consent, except as may be required by law or any legal or regulatory authority.

15.6 The validity, construction and performance of this Agreement (and any claim, dispute or issue 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 exclusive jurisdiction of the courts of the Netherlands Antilles shall apply to any claim, dispute or issue arising out of or in connection with this Agreement or its enforceability.

15.7 In the event of any inconsistency between the meaning of any translated version of this Agreement and the meaning of the English version, the meaning of the English version shall prevail.

16. Changes to this Agreement

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

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