Jacks Pay Affiliate Program Terms of Service The following Terms and Conditions represent a legal contract between an Affiliate (applying or approved) (“Affiliate” or “you”) and Jacks Pay Affiliate or the Jacks Pay Affiliate Program (the “Program”).
Jacks Pay Affiliate manages the affiliate program on behalf of its Clients.
1.1 These Terms apply to an Affiliate’s application to, or participation in, the Program.
1.2 An Affiliate may not apply to or participate in the Program unless they accept the Terms.
1.3 An Affiliate may not apply to or participate in the Program if they are not of legal age to form a binding contract with Jacks Pay Affiliate, or are otherwise precluded from participating in the Program under the laws of the country in which they are resident.
1.4 The Terms shall be considered accepted by an Affiliate (i) once they have submitted an application to join the Program; or (ii) as they continue to participate in the Program.
1.5 Jacks Pay Affiliate may occasionally make adjustments to the Terms, and will always update its website with the latest version of the Terms. Affiliates agree that if they continue to participate in the Program once the Terms have changed, they are agreeing to the updated Terms. It is the responsibility of an Affiliate to regularly check these Terms. If an Affiliate chooses not to continue to participate in the Program following such changes,
1.6 the Affiliate must inform Jacks Pay Affiliate through an email to support@Jacks Pay Affiliate.com that they no longer wish to participate in the Program. In such circumstances the provisions governing termination with notice (see clause 3.2) shall apply.
1.7 The following definitions shall apply in these Terms:
1.8 The domains Jacks Pay Affiliate.org and Jacks Pay Affiliate.net both redirect to Jacks Pay Affiliate.com and are owned by the Program.
2.1 To begin the enrolment process, a potential Affiliate must complete and submit a Program application via the Website (the “Application”). By joining the Program, the Affiliate certifies that they are of legal age, not in any way under 18 years old and legally capable to participate in the Program based on their local laws.
2.2 Jacks Pay Affiliate will evaluate the Application and will notify the potential Affiliate of their acceptance or rejection to the Program. Jacks Pay Affiliate may reject any Application if it is determined, in Jacks Pay Affiliate’ sole direction, that the Affiliate or associated website is unsuitable for the Program.
2.3 In the event that an Affiliate has specified to advertise, market and promote for more than one Client Brand, Jacks Pay Affiliate may choose to accept the application for one of its Clients and reject it in respect of another Client.
2.4 Jacks Pay Affiliate at its sole discretion shall determine which products an Affiliate is entitled to promote.
2.5 If Jacks Pay Affiliate rejects the Application, potential Affiliates may re-apply to the Program. Affiliates should also note that if Jacks Pay Affiliate initially accepts an Application and the Affiliate’s website is subsequently determined, at Jacks Pay Affiliate’ sole discretion, to be unsuitable for the Program, Jacks Pay Affiliate may terminate this Agreement in accordance with clause 3.3 and 3.4
2.6 An Affiliate is not permitted to open more than one Affiliate account without prior written authorization from Jacks Pay Affiliate, nor will an Affiliate be allowed to earn commissions on their own or related player accounts. If an Affiliate wishes to play on a Client Website, the Affiliate must create a separate player account on the Client Website, not linked to their Affiliate Account. If an Affiliate wishes to create an account for testing purposes, Jacks Pay Affiliate they must contact Jacks Pay Affiliate prior to creating the account and the account will subsequently be designated as a test account. In the event of a violation, Jacks Pay Affiliate, at its sole discretion, has the right to void all earned commissions applicable from such activity.
4.1 All rights and licenses granted to the Affiliate shall terminate immediately.
4.2 The Affiliate must remove all Client and Jacks Pay Affiliate Program visual materials such as logos and/or banners and disable any links to the Client Website(s) and the Website from their website(s). Jacks Pay Affiliate may withhold any final payments, pursuant to clause 3.5 for a short time to ensure that the correct amount is paid to the Affiliate.
4.3 If Jacks Pay Affiliate continues to permit activity (generation of revenue) from the Affiliate’s customers after the date of termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
4.4 The Affiliate will cease all uses of any trademarks, logos and other designations of Jacks Pay Affiliate, its licensors and of the Clients.
4.5 The Affiliate and Jacks Pay Affiliate will be released from all obligations and liabilities to each other occurring or arising after the date of termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
5.1 Jacks Pay Affiliate grants to an Affiliate:
5.2 Jacks Pay Affiliate will provide a variety of graphic and textual links to Affiliates for placement on their website(s) or to use with their marketing tools (such as emails). Subject to the Terms, Affiliates may display the links as often and in as many areas of their website(s) and/or marketing tools as they desire.
5.3 Client Websites will register Affiliates with respective Player accounts should they request it. By opening an account with a Client Website, each Affiliate agrees that all the Client Websites’ applicable rules, policies and operating procedures will apply to them. Each Client Website reserves the right to refuse Affiliate Player accounts or close their accounts in its discretion.
5.4 Jacks Pay Affiliate will track Affiliate Players’ play on behalf of each Client and will provide reports and data, detailing customer activity to the Affiliate. The form, content and frequency of the reports may vary from time to time in Jacks Pay Affiliate’ sole discretion.
6.1 For the purposes of this clause 6, “Net Revenue” shall calculated as follows:
6.2 Any payments made pursuant to this clause 6 shall be referred to as Commissions. Jacks Pay Affiliate maintains the right to offer varying commission structures to different respective Clients.
6.3 Revenue Share Scheme:
6.4 Commission Scheme:
6.5 Minimum Requirements:
|Total New Players Per Month||Revenue Share|
|First 10 players||30%|
6.6 For a player to be considered “active”, the player must have played on 1 or more unique days AND must have fulfilled one of the following – both within the month:
6.7 Net Revenue shall be calculated for each Affiliate Player and in respect of each Client Website for which the Affiliate acts and the aggregate of all such calculations shall be the amount to which the relevant percentage is applied.
6.8 The determination of a payout (if any) in the event that fraudulent Affiliate activity has been discovered will be at Jacks Pay Affiliate’s sole discretion.
6.9 Affiliates are entitled to one payout per month. The minimum payout request for earned Revenue Share per month is USD 25.00 (twenty-five US dollars) when selecting Skrill, Neteller, Bitcoin or Direct2Play, or USD 500 (five hundred US dollars) in the case of bank wires.
6.10 There is no maximum payout limit.
6.11 For clarity, every Affiliate agrees to participate in the Revenue Share commission structure unless agreed upon by the Affiliate and Jacks Pay Affiliate.
6.12 Referral Commission:
6.13 If any Revenue Share commission payment to a Sub-Affiliate is reclaimed under the terms of its agreement with Jacks Pay Affiliate or any payment is made to an Affiliate in breach of clause 6.3 the Affiliate will immediately repay the applicable Referral Commission or Revenue Share Commission it was paid once it receives notice to do so from Jacks Pay Affiliate. Jacks Pay Affiliate reserves the right to offset any amount owed to it against any payments owed to the Affiliate under this Agreement.
6.14 All payments to an Affiliate under clause 6.12 will terminate when payments to the relevant Sub-Affiliate end for whatever reason.
6.15 Jacks Pay Affiliate may, at their discretion and at any time, change the amount of Referral Commission due under clause 6.12 in pertaining to any new Sub-Affiliates referred by first giving prior notice.
6.16 Negative Carry Over: If an Affiliate account is in the negative for a reason other than player Chargebacks, (For example: because cumulative customer withdrawals have exceeded customer deposits) for a given month, this negative position will not be carried over through to the following month.
6.17 High-Roller Policy
Within any given month, if any Customer generates a negative net revenue of at least $7,000 they, for the purposes of this section, will be considered a 'High-Roller'.
If the Net Revenue for an Affiliate, in that month, at a Client Brand is negative $2,000 or greater, then the High-Roller policy as defined below, will apply:
6.18 The program may add an Admin Fee equal to 10% of the net revenues earned by the affiliate. For example if an affiliate is on 30% revenue share, the admin fee would be equal to 10% of earned commissions, equivalent to 3.0% total.
7.1 Affiliates of the Brand shall use their best efforts to actively market and promote the Client Website as extensively as possible in order to maximize the financial returns to both the Affiliate, the Client and the Client Brand. An Affiliate shall solely adverstise and promote the Brand in a way in which provides a positive reflection of the Brand’s reputation.
7.2 From time to time, Jacks Pay Affiliate may issue notice to Affiliates outlining jurisdictions from which it will not accept players. Such a Notice shall result in Affiliates not engaging in advertising, marketing or promoting of the Brand as per the terms of the Notice.
7.3 Affiliates of the brand shall not offer incentives to their referrals beyond what is offered by the Brands. This includes but is not limited to insurance, cash back, rake back or anything where a referral is compensated outside the normal incentives offered by the Brand.
7.4 It is the responsibility of the Affiliate to confirm that the correct tracking information is implemented on its website. Jacks Pay Affiliate will not amend the Affiliate tracking ID for Affiliate Players resulting from incorrect or incomplete tracking. Jacks Pay Affiliate is not responsible for Commission Fees generated from Affiliate Players with incorrect or incomplete tracking information.
7.5 Affiliates are responsible for providing all required documentation for the verification of ownership of their account.
7.6 Affiliates shall not optimize any page of their website for key words or phrases or derivatives of such that include any name or words and phrases that form part or all of the Client Brand.
7.7 Affiliates shall avoid purchasing any domains that include any names, words and phrases that are or can be deemed to form part of the Brand.
7.8 The Affiliate is restricted from purchasing or developing off-site text links with key word phrases that are part of the Brand.
7.9 An Affiliate shall not establish Social Media or blog domains or account names containing any names, words and phrases that are part of the Brand. Banners and links may not be placed within unsolicited emails, forum postings etc. or through the use of automated scripts. Commission earned from traffic generated outside of these Terms will not be due and payable to the Affiliate.
7.10 An Affiliate agrees to cooperate fully with Jacks Pay Affiliate in using and managing links and other affiliate tools as supplied by Jacks Pay Affiliate. Further, the Affiliate agrees to:
7.11 Jacks Pay Affiliate employs strict Email Direct Marketing guidelines and policies for Affiliates, and other promotional media. The guidelines and policies serve to protect the reputation of the Brand, its Customers, and associated parties. Affiliates that advertise the Brands via unauthorized email direct marketing communications are subject to having their Affiliate account placed under review and any pending funds withheld until the review is completed. By registering as an Affiliate, an Affiliate agrees to abide to CAN-SPAM and FCC regulations and employ best practices in all marketing email communications. An Affiliate further acknowledges and agrees that subscribers and customers may incur expenses in dealing with Spam-generated mail, and that Jacks Pay Affiliate or its Clients may potentially incur legal expenses and penalties as a result of unauthorized third party email communications and in such event expenses will be deducted from the Affiliate’s account. In such cases, Jacks Pay Affiliate shall determine such amounts in good faith and Jacks Pay Affiliate’ determination will be deemed accepted by the Affiliate, and such amount will be collectable by law in accordance with this Agreement. Should these expenses not be covered by funds in the Affiliate’s account Jacks Pay Affiliate reserves the right to investigate alternative means for obtaining payment. For example: should the Affiliate’s account have generated purchasing accounts Jacks Pay Affiliate will hold payment of commissions for these accounts until such a time as the account for damages has been cleared. Should the Affiliate’s account be inactive and not be generating profit through commission payments Jacks Pay Affiliate reserve the right to demand payment from the Affiliate. Jacks Pay Affiliate will seek sanctions against any Affiliate and Affiliate Player involved in fraud, dishonesty or criminal acts. Jacks Pay Affiliate will withhold Commissions due to an Affiliate where fraud, dishonesty or criminal acts are suspected. Affiliates agree to abide by the fraud policies of all of the Clients.
8.1 Jacks Pay Affiliate will process the payment of Commissions earned pursuant to clause 6 on a monthly basis in arrears and according to the applicable Commission structure.
8.2 Barring any unforeseen circumstances, payment for the preceding month shall be processed by the 20th of each month. If an Affiliate’s Commissions earned do not exceed the minimum payout amount (see table under clause 6.9) in any given month, then payment will be carried over to the following month until they exceed the minimum balance.
8.3 It is the Affiliate’s responsibility to secure his/her account information. If the affiliate account is taken by others for any reason, and that Affiliate’s commission payments have been affected, Jacks Pay Affiliate shall not be liable to pay again any commission applicable to that affiliate account that has already paid out.
8.4 As per term 6:16, any negative revenue Share Commission resulting from negative Net Revenue in any calendar month shall not be carried forward to the subsequent month(s) as per terms except in cases outline by term 6:17 or the “High Roller Policy”.
8.5 It is the Affiliate’s responsibility to select the method of payment and to pay transaction fees associated with their selected payment. It is also the Affiliate’s responsibility to ensure that the bank details saved in the system are complete and up-to-date by the end of the previous month. Unless otherwise selected, payment will be withheld.
8.6 In the event that it is necessary to change amend the payment method or bank account details for receiving commission, Affiliates must submit new details at www.Jacks Pay Affiliate.com and may be asked to provide supporting documentation at the sole discretion of the affiliate program. Jacks Pay Affiliate shall endeavour to approve the change request, provided all supporting documentation is complete, by no later than one day before the end of the month for the payment to be made by the payment schedule outlined in clause 8.2 of the following month.
8.7 All amounts are calculated and paid in accordance with Jacks Pay Affiliate’ reasonable and good faith means of statistical analysis and customer tracking methods. Affiliates agree that Jacks Pay Affiliate’ statistical analysis and customer tracking methods are accurate and reasonable and its calculations final.
8.8 If an Affiliate fails to display banners and text relating to banners of the Brand in accordance with instructions from Jacks Pay Affiliate, Jacks Pay Affiliate shall have the right to withhold all Commission payments due to such Affiliate until Jacks Pay Affiliate’ instructions have been followed.
8.9 If an Affiliate Player is banned from playing at the Brand for any reason, and deposited funds are returned to the Affiliate Player, the Affiliate will not be entitled to any Commissions with respect to revenues generated by such banned Affiliate Player. This could also be grounds for Affiliate account termination at the sole discretion of Jacks Pay Affiliate.
8.10 If an Affiliate Player is being investigated for credit card, bank information or address verification, Jacks Pay Affiliate will withhold payment of Commissions earned by the Affiliate in respect of revenues generated by such Affiliate Player until the investigation is completed.
8.11 The Affiliate must inform Jacks Pay Affiliate within 30 days of receipt of any Commission payment if it believes the Commission has been incorrectly calculated and the wrong amount been paid. Beyond that the Affiliate is deemed to have accepted that the Commission paid to it has been calculated correctly.
9.1 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AN AFFILIATE FROM Jacks Pay Affiliate OR IN RELATION TO THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Jacks Pay Affiliate FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT Jacks Pay Affiliate, ITS CLIENTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH Jacks Pay Affiliate MAY MAKE TO THE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAM (OR ANY FEATURES WITHIN THE PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAM; (C) YOUR FAILURE TO PROVIDE Jacks Pay Affiliate WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON Jacks Pay Affiliate’ LIABILITY ABOVE SHALL APPLY WHETHER OR NOT Jacks Pay Affiliate HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10.1 This Agreement constitutes the whole agreement between an Affiliate and Jacks Pay Affiliate in relation to its subject matter.
10.2 The Affiliate agrees that if Jacks Pay Affiliate does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Jacks Pay Affiliate has the benefit of under any applicable law), this will not be taken to be a formal waiver of Jacks Pay Affiliate’ rights and that those rights or remedies will still be available to Jacks Pay Affiliate.
10.3 An Affiliate may not assign this Agreement without prior written consent of Jacks Pay Affiliate. Subject to that restriction, this Agreement will be binding and enforceable against an Affiliate and Jacks Pay Affiliate and their respective successors and assigns. Should an affiliated website be sold, that website’s existing sheet of players will not necessarily become property of the new ownership and treatment of such players shall be in the sole discretion of Jacks Pay Affiliate.
10.4 Jacks Pay Affiliate and the Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of Jacks Pay Affiliate. The Affiliate will not make any statement, whether on its site or otherwise, that states or implies that the Affiliate has the authority to represent Jacks Pay Affiliate.
10.5 The Agreement, and an Affiliate’s relationship with Jacks Pay Affiliate under the Agreement, shall be governed by the laws of Malta.
10.6 This Agreement and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and/or assignees of Jacks Pay Affiliate.
IN WITNESS WHEREOF, the Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the “Submit” button on the Affiliate Registration Form page.
Join the Jacks Pay Affiliate Program now and start earning today!
If you have any questions, contact Affiliate@JacksPay.com