Terms and Conditions of HolaPartners
By applying for the affiliate program of HolaPartners (“Affiliate Program”) and by agreeing with “Terms and Conditions”, you (“The Partner”) accept all the conditions described in the agreement.
Account - means a uniquely assigned real account that is approved by the Operator, did not have an account with the Operator beforehand, and it is created for each Customer who did not have an account with the Operator before completing a successful registration on the Website or when the Customer successfully registers with the Operator via a Tracking link.
Affiliate - an independent person, whether a natural person/natural person conducting business activity and/or a company, acting in the course of business and engaged in advertising and marketing activities who concluded the Agreement with HolaPartners by accepting the Terms and Conditions set out herein, and by fulfilling the requirements of term 2 of the present Agreement.
Affiliate Application Form - is a registration form for participation in the Affiliate Program that can be found on the Website through the following link: https://affiliates.holapartners.com/registration.asp
Affiliate Fee - is the amount payable to the Affiliate based on the results and performance of their Customers according to the selected Remuneration Plan based solely and exclusively on the information and measurement of HolaPartners.
CPA Commission - a remuneration plan, according to which the Affiliate receives a fixed amount (as agreed with the HolaPartners Team) per Customer referred by that Affiliate.
Customer means an individual or an entity approved by the Operator, that opened a real Account and was identified by an Affiliate’s Tracking link assigned to such an Affiliate, who: (i) deposited the minimum amount of money as specified in the Remuneration Plan, (ii) excludes the Affiliate themselves and the Affiliate’s employees or agents used by the Affiliate for the purpose of this Agreement.
Deductible Costs include, but are not limited to third party licensing fees, chargebacks, progressive jackpot contributions, duties and taxes, transaction fees, self-excluded players, Game royalties, and any other cost incurred by the Company and the Operator due to a fraudulent and/or abusive activity of the Customer and are approximately 25%.
Marketing Materials - materials provided by HolaPartners (unless otherwise agreed between the Parties) and used by the Affiliate in order to promote the activity related to HolaPartners, including banners and text links and any other promotional material that the Affiliate subsequently uses to advertise HolaPartners brand (LuckyElektra).
Net Revenue is the calculation of the total wagers of a Customer minus (i) winnings, (ii) bonuses awarded, (iii) Deductible Costs.
No-Negative Carryover - in case Your balance under a Revenue Share Commission Plan in any given month is negative due to Customer winnings and/or Non Cash Items and/or Cash Items and/or Progressive Contributions said this balance will be set to zero. A negative balance due to Fraudulent activities will be carried over (see High Roller Policy for additional information).
Potential Customer – any person whom You promote the Website to, but who has not yet opened an Account and, therefore, has not yet become a Customer.
Referral Commission – Based on a prior written approval by the HolaPartners Team, You may receive a percentage of the Affiliate Fee for the affiliates that You referred to the Affiliate Program, subject to the terms and conditions of this Agreement.
Remuneration Plan – commission plan (Revenue Share, CPA or Hybrid Plan) which may be determined individually with HolaPartners.
Revenue Share Commission – the default remuneration model used in this Affiliate Program, according to which the Affiliate receives a percentage of the Net Revenue derived by the Operator from the Customer referred by that Affiliate.
Spam Traffic - any deposits, gross revenue or traffic generated at the Website or in the Customer’s Account through illegal means or in bad faith, regardless of whether or not it actually causes harm to any member of the HolaPartners Group or any third party. Spam Traffic includes, but is not limited to, spam, false advertising, unauthorized incentives (financial or otherwise), deposits generated by fraudulently obtained payment methods, collusion, manipulation of the service, system, bonuses or promotions or any other unauthorised use of Customer’s Accounts.
Tracking link is a unique tracking web link that allows the Affiliate to direct potential Customers to the Websites and which enables HolaPartners to identify the Affiliate that has directed such specific Customer for the purpose of calculating the Affiliate Fee.
Website means the website located at any URL used by the Operator; for the avoidance of doubt, any other website will not be considered for the purpose of calculation of Your Affiliate Fee.
- THE GOAL OF THE PARTNERSHIP
THE PROCESS OF THE CONCLUSION OF THE AGREEMENT
- The goal of the agreement is the promotion of the website by the partner.
- The amount of the commission paid to the Partner is specified in the agreement.
- The Partner has one or several electronic resources in his disposition.
- The Partner reads the terms and conditions and applies for the affiliate program.
- The Affiliate Program assesses the application and after notifies the applicant about its decision.
- The answer of the affiliate program is done in the written form of an e-mail letter sent to the e-mail address of the potential partner.
- The Affiliate Program reserves the right to reject the application without any explanations.
- Only one account can be registered by the Partner and his IP-address.
- Registering more than one account by one Partner is considered as a fraudulent activity and entails an end to the cooperation.
RESPONSIBILITIES OF THE COMPANY
- Only persons over 18 years can apply for the affiliate program.
- Partners need to possess the necessary documents, permissions and licenses that provide them with legitimate promotion of the sites and company’s advertising.
- Persons who enter into agreements with the company, must be competent and authorized representatives of the partner organizations.
- Partners need to examine and accept the conditions of the agreement.
DIRECT RESPONSIBILITIES OF THE PARTNER
- To provide the partners with all the information and marketing data needed for advertising.
- To control the trafficking, keep a record of the net profit, as well as of the total amount of commissions for which data should be made available to the counterparty.
- To pay the amount of commissions to the Partner, based on the traffic and size of all revenues from gamblers attracted by him.
PARTNERS ARE NOT ALLOWED
- To make all the effort and use all the possibilities for advertising, marketing and promotion of the company.
- To direct the potential users to HolaPartners to attract.
- The member of the company is responsible for marketing activities, including the content and appearance.
- The companion is obliged to follow the law and respect the legality of actions.
- The conducting of the marketing activities is done by using the link provided by the company.
- Using of any data, not provided by the company, for marketing, should be carried out after receiving a written permission from the company.
- The partner has to provide us with the reliable information about the personality of the partner, including contact details, payment history, address.vTo compensate damages and costs that were the result of violations of the rules and conditions committed by the Partner.
- To carry out illegal actions in the development of Web sites, fill them with sexual, pornographic and obscene materials.
- To attract people under 18 years old to the sites.
- To sign up as a player or make deposits directly or indirectly to any account by using own tracking links for personal use and/or use of his relatives, friends, employees or third parties, or in any other way attempt to artificially increase the commission payments or defraud the Company.
- The use of any kind of fraud in HolaPartners to increase your own profit (the game under your affiliate link; the use of dedicated advertising resources to the detriment of HolaPartners).
- The violation of this agreement will be considered a fraud.
- To send spam or post fake meta tags in the portal.
- To use the promotional brochure without the consent of the management.
- To offer refunds and promotions.
- Partners are strictly not allowed to open personal accounts in the Casino or Sportsbook. If such a fact is detected, the administration will immediately block personal accounts of the Partner and of the gamblers he brought to the program and the money from all those accounts will be written off in favor of the Casino/Sportsbook. Family members of the Partner and people who are close to him are also under the effect of this rule.
REASONS FOR TERMINATION OF THE PARTNERSHIP
- The amount of attracted clients affects the Partner’s earnings. Customers who have registered on the portal by clicking the link and became players of one of the project participants are new clients for the company.
- The amount of total income affects the size of earnings, which is net income without refunds or winnings, promotions or special offers. If a referred client has opened betting account within 30 days from the date of registration, the income will be counted in the total sum.
- Payments to the Partner are made by the 15th day of every month. The payment is done if the minimum goal (100 Euros) has been reached. If the 15th day of the month is not a working day – the payment can be postponed to the next labor day.
- If there are less than 100 Euros on the account of the Partner, the payment is postponed to the next month and will be credited to partner account when the minimum goal is reached.
- The partner can choose the payment method and currency himself, during authorization.
- If the Partner finds errors in the calculation, he has the right to request a recalculation. In the case of wrong calculation, the funds will be deposited as soon as possible. If the Partner has questions about the amount of payments, he can contact us by sending an email to firstname.lastname@example.org, specifying the cause of the problem. The letter should be sent after the accrual of commission funds, no later than 30 calendar days.
- If the Company has to verify the conformity of all the operations, the Company has a legitimate right to delay payments up to 180 days.
- Money that were received by using the fraudulent actions must be returned to the company.
- Zero or negative balances are not transferred, with exception of High Rollers (Clause 15).
- To the extent any Commission involves a CPA, then such Commission shall not be payable in respect of a Player who self-excludes (either directly with the Merchant or via GamStop or similar scheme) or whose account is closed by the Merchant for responsible gambling concerns, in each case within 30 days of that Players first deposit with the Merchant.
- The notification of termination of cooperation is sent on e-mail. Upon termination of the contract with HolaPartners, the Partner binds himself to remove all the related contacts and links.
- The agreements shall be canceled upon termination automatically.
- If the contract is terminated by the company’s decision and / or due to violations of the agreement by the Partner, the Affiliate Program has the right to hold funds. The HolaPartners Affiliate Program has the right to refuse to work with any partner without explanations.
- The Affiliate program does not guarantee the continuous work of the portal, its availability at any time or in any place, because the Partner uses his own resources to access the Internet.
- The affiliate program is not liable for damages resulting from interruptions, failures or delays in the site’s work.
- The affiliate program does not guarantee the absence of errors or inaccuracies in the work and is not responsible for any possible damages.
LEGITIMACY OF FUNCTIONING
- Partners have the right to protect the interests of the company by their own savings at their own discretion.
- The agreement is regulated by Creu Business SL, Calle Pinzón 8 – Plata 6-11, 29001 Málaga, Spain, Company registration number: B93664951.
- Any claims are considered in the main office of the company under the local jurisdiction. It is forbidden to pass an agreement in the hands of the authorities, without prior informing the company and receiving written permission.
In the event of unforeseen circumstances, which we have in mind, but this list is not complete: the disaster, electrical and utility failures, large-scale accidents, meetings, floods, hurricanes and other emergencies, a member may be relieved of their regular assignments in case emergency suspended work of the Partner Program.
SEVERABILITY OF THE AGREEMENT
All terms and conditions of this Agreement shall be construed under the applicable law to be effective and valid. If any provision of this Agreement is deemed invalid, illegal or unenforceable in any respect, such provision will be deemed invalid only in the framework of its insolvency, without invalidating the remaining provisions of this Agreement.
The information provided by partners, including customer lists, finances and other information is confidential, must not subject for personal use, commercial use or distribution both in writing and orally, for the duration of the agreement, and after its completion.
High Roller Policy
Negative net revenue generated in any given month by any Customer whom We, in Our sole discretion, deem to be "high roller" shall be carried forward and offset against any possible future net revenue generated by the players referred by You until such negative net revenue is zeroed. The criteria for categorizing a player as a "high roller" shall be determined at Our sole discretion, and Our sole responsibility in this respect is to notify You of the categorisation of any players referred by You as the same by amending this Agreement. The criteria set for determining Our High Roller Policy are:
- If in any given month a player generates a negative net revenue of at least €10,000, and the aggregate net revenue (net revenue) in that month for that affiliate is negative €2,000 or greater, then such player shall be deemed to be a high roller;
- If the two criteria above are met then the negative net revenue generated by the high roller will be carried forward and offset against future net revenue generated by that high roller;
- The negative balance carried forward cannot be set-off against other players net revenue;
- The negative balance carried forward cannot be greater than the total aggregate negative net revenue for the affiliate, for that month;
- If there is more than one high roller, the negative balance carried forward will be split proportionally between them;
- the negative balance of a high roller will be reduced by future positive commissionable revenue that they generate in subsequent months;
- The negative balance of a high roller shall be reduced by future positive net win that they generate in subsequent months. High Roller’s negative balance will not be increased by future negative net win unless the high roller meets the qualifying criteria in subsequent months.