This Affiliate Program Agreement ("Agreement") contains the complete terms and conditions that apply to your participation as an affiliate (an "Affiliate") in the Breakout Gaming Affiliate Program.
"Affiliate" - Any individual, group of individuals, company or other organization that promotes Breakout Gaming products, either online or offline, in exchange for a share of revenues generated or other compensation as agreed.
"Affiliate Site(s)" - One or more websites provided by Affiliate that advertises Breakout Gaming products and/or promotions.
"Breakout Gaming Products" - These include Breakout poker, casino, live dealer casino, sportsbook, spread betting, fantasy sports, financial betting, eSports, digital game store and other products as available.
"Chargeback" - When referring to "Chargeback’s", it means a customer claims that transactions have been made with his / her credit / debit card without their authorization. By request these charges are reversed by their bank.
"Confidential Information" - any information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentially of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections. Confidential information shall also include the terms of this Agreement, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in-progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, customers, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party.
"Commission" - Commissions will be paid as outlined in Clause 3 below.
"Customer / Player or Active Customer / Player" - An individual referred / directed by the affiliate in any appropriate manner to a Breakout Gaming product who can be linked to your unique Breakout Gaming tracking link who registers a customer / player account with a Breakout Gaming brand.
"Fraud" - A deception which in the sole opinions of Breakout Gaming is deliberately practiced by a Player and/or an Affiliate to secure a real or potential, unfair or unlawful gain and shall include Fraud Costs.
"Net Revenue Casino/Live Dealer" - Total winnings from Customers (stakes received less winnings paid out) generated by the casino/ live dealer product (website or any downloadable client) less duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign-up bonuses); and any charge-backs, bad debts or fraud.
"Net Revenue eSports" - Tournament entry fees from each valid Referral less: duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); expenses attributable to Competitions; and any charge-backs, bad debts or fraud.
"Net Revenue Fantasy Sports" - The amount of stakes placed by players on Sportsbook less: returns (winnings); duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign up bonuses); and any charge-backs, bad debts or fraud
"Net Revenue Financial Betting" - Net Revenue is the gross revenue less: cost of any promotional offers (including any sign-up bonuses); any charges such as hedging costs; and any charge-backs, bad debts or fraud
"Net Revenue Game Store" - New sales or returning user sale less: duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers; and any charge-backs, bad debts or fraud.
"Net Revenue Poker" - Gross rake and tournament fees less duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign-up bonuses); and any charge-backs, bad debts or fraud
"Net Revenue Sportsbook" - The amount of stakes placed by players on Sportsbook less: returns (winnings); duties or taxes or other statutory deductions or payments to licensing authorities (or reasonable provisions in respect thereof); cost of any promotional offers (including any sign up bonuses); and any charge-backs, bad debts or fraud
"New Depositing Player" - means a new first time player of Breakout Gaming products having made a first deposit amounting to at least the applicable minimum deposit in his/her betting account in accordance with the applicable terms and conditions of Breakout Gaming websites’, but excluding the Affiliate, its employees, relatives and/or friends.
"No Negative Rollover" - If the commission amount due for a calendar month is a negative amount, it will not carry forward and set off such negative amount against affiliate commissions for future months.
"Marketing Materials" - Breakout Gaming shall make available to Affiliate tracking text links, banners and/or other graphic material upon request for display and use on the Affiliate website. Newsletters to subscribers of an Affiliate’s website(s) or existing client base is also an acceptable way to promote the products and content is available on request.
"Qualifying Subscription or Player" - An account sign-up and payment for services offered by Breakout Gaming for a new player referred by an approved affiliate that qualifies for a commission fee under the present Agreement.
"Referral Commission(s) Structure" - Affiliates are paid a referral commission for each qualifying subscription/ player that an affiliate refers to Breakout Gaming under and in accordance with the present terms and conditions.
"Returning User" - A customer that makes subsequent purchases after having made their first purchase.
"Tracking Link" - One or more tracking links provided to Affiliates to uniquely identify Affiliate traffic originating from the affiliate’s advertising and resulting referred subscribers.
"We," "Our," "Us" - Breakout Services Limitada including all Breakout Gaming Products
"You", "Your" and "Affiliate(s)" - the business, individual or entity applying for participation in the Breakout Gaming Affiliate Program, or that displays Our products, services and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from Breakout Gaming for sales resulting from such display.By submitting an application to become an Affiliate, you warrant that you have read and understood this Agreement, and you agree to be bound by it.
1.1 To become an Affiliate, you must submit a completed Breakout Gaming Affiliate application, made available on www.breakoutaffiliates.com
1.2 It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is kept up to date at all times.
1.3 Other than the payment of the Revenue Commission, CPA Payment, hybrid deals or flat fee, as applicable, you will not have any rights relating to any Players.
1.4 It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times.
Affiliates can use and display all Marketing Materials on their Affiliate website. The affiliate will however conform to the following terms:
2.1 If you use spam (including email and newsgroup spamming), or offer the products on any spam or warez oriented website, your affiliate account will be immediately terminated.
2.2 Affiliate may only use the Marketing Materials for the purpose of promoting Company’s website / products, and for linking to Company’s website. Affiliate may only modify materials if the Company agrees to it in writing.
2.3 Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. Only with written permission can the Affiliate modify Promotional Materials.
2.4 The Marketing Materials will be used to link only to Company’s website/ products.
2.5 You shall not bid or otherwise purchase, either directly or indirectly, "breakoutgaming.com" branded keywords or phrases, including but not limited to words relating to the Breakout Gaming Products such as “breakoutgaming.com”, “breakout poker”, “breakout eSports”, “breakout casino”, “breakout sports” and so on. This restriction extends to misspellings or variations of “breakoutgaming.com” and phrases that include “breakout gaming”.
2.6 You shall not, in any way, utilize pop-over advertisements or spyware to promote the Breakout Gaming Products.
In exchange for Affiliate’s display of the Marketing Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Breakout Gaming shall pay to Affiliate a Referral Commission for each Qualifying Subscription or Player in the amount of a percentage based on Net Revenue with No Negative Rollover.
The Standard Referral Commission Structure for each Breakout Gaming Product is as follows:
|Number of New Depositing Players||Commission|
|6 - 20||30%|
|1 - 5||27%|
|Number of New Depositing Players||Commission|
|1 - 10||25%|
|Monthly Net Revenue||Commission|
|$0 - $1000||25%|
|$1001 - $4000||28%|
|Monthly Net Revenue||Scale Share|
|Up to $10,000||20%|
|$10,001 - $20,000||25%|
|Monthly Net Revenue||Commission|
|$0 - $3000||25%|
|$3001 - $5000||30%|
5% Net Revenue of new sales and 3% Net Revenue on every Returning User sale that an affiliate generate
4.1 The Commission is calculated at the end of each month and payments shall be made monthly in arrears, not later than the 15th of the following calendar month, with no minimum amount required for payment except when selecting Bank Wire, which has a US$200.00 minimum. If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
4.2 All payments will be due and payable in USD. Payment will be made by the method registered on the Application. Such payment methods can be updated and changed within the Affiliate Account and will be reflected within the next payment run.
4.3 Breakout Gaming reserve the right to withhold any commissions generated by referrals that are identified as existing customers or are generated from customers in jurisdictions that have been excluded by Breakout Gaming.
4.4 The Affiliate is responsible for accounting for any VAT (or any other applicable tax) deemed due on commissions earned from its commissions received.
4.5 In cases of Chargebacks, the commission generated by the Affiliate will be deducted from the total revenue due to the Affiliate for that month. Should the Chargeback balance be negative, the Affiliate will need to compensate for this by accumulating further commission until such time when the Affiliate balance is positive again. This Negative carryover only applies to Negative balances arising from Customer Chargebacks.
5.1 Except as otherwise provided in this Agreement or with the consent of Breakout Gaming, you agree to keep all Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement.
5.2 Affiliate shall not use any Confidential Information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
You shall defend, indemnify, and hold Breakout Gaming, 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:
Any breach by you of any warranty, representation, or agreement contained in this Agreement.
The performance of your duties and obligations under this Agreement.
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.
We may amend any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting the amended agreement on this “Terms and Conditions" page on our site. Any changes will take effect from the date specified at the head of the Agreement and you are solely responsible for learning of any such amended versions and changes. It is important, therefore, that you log in from time to time to this page on our site and check to see whether there is any amended version. Amendments may include, for example, changes in the commission amounts payable under this Agreement, payment procedures, and restrictions on operation.