Terms and Conditions
This Agreement sets forth the Standard Terms and Conditions that apply to the use of the NetoPartners.com Affiliate Program and contains the complete terms and conditions between ourselves, Donateu Limited ("Donateu" or "we" or "us"), and you, regarding your application to participate as an affiliate (an "Affiliate") of the NetoPartners.com affiliate program.
As an affiliate your role will be to promote scratchmania.com site or other partners owned and/or operated by Donateu Limited (the "Site" "partner" "brand"), By marking the "I have read and agree to the terms and conditions" box you are accepting the terms and conditions of this Agreement. This agreement is a legally binding agreement between you and us.
The use of any creative by placing them on your site or in any other way, the acceptance of any reward, bonus or commission from NetoPartners.com or any of its participating partners, and /or the use of the NetoPartners.com affiliate services in any way indicates your agreement to be bound by this agreement.
Links Setting advertising and Promotions. Once you are accepted as an Affiliate, we will make available to you, advertisement material like banners, button links, text links and other materials as determined by us, which shall link to participating partners like scratchmania.com all of these "Links", which you may display on your Affiliate Sites, By using the Links, you agree that you will cooperate fully with us in order to establish and maintain the Links. You may not modify a Link, unless you have received prior written consent from us to do so. You may not advertise the Site/s in any way using spam e-mails. You may not advertise any of our partner's sites in any way not approved in advance by us.
New Players. A "New player" shall mean an Internet user who accesses one of the Sites directly for the very first time through a Link, opens a new user account and makes the required minimum deposit and have no prior account. You or your relatives are not permitted to become Money Players and should you or they do so you will not get any relevant commission. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling. We allow only one player per household computer.
Our measurements and calculations in relation to the number of Money Players and the relevant Gross Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal.
You will get the number of Money Players and the relevant Gross Revenue through the affiliate information site NetoPartners.com. It is your responsibility to ensure that the Links between your Affiliate Sites and any of our sites are properly formatted throughout the term of this Agreement.
Programs and Commissions.
Upon enrollment into the Affiliate Program, you will be entitled to earn fees based on Revenue Share: a percentage of the Gross Revenue from Players you referred.
All new accounts are Revenue Share by default. Any affiliate wishing to participate in a CPA agreement will be required to contact our team.
Fees and program details for the above Options are detailed below.
Revenue Share Program
We will pay you according to the base percentage reflected in Table 1 below for any Gross Revenues generated by your referred Players at our Partner brand. Only real money purchases will qualify for calculation of Gross Revenue.
All fees shall be determined by us based on Player logs and our determinations will be final. We reserve the right to change the fee schedules and method of calculation of fees at any time during the term of this Agreement, by posting a change notice or a new agreement on our website. Table 1 shows the percentage of Gross Revenue you will earn based on the aggregated Gross Revenue generated by all real money players you have sent to our Partners in a given month.
Table 1: Percentage of Gross revenue earned by affiliate.
RevShare% Gross Revenue (per calendar month)
For these purposes the term "Gross Revenue" shall mean the sum total of all real money scratch cards purchased by a player, less the players winnings of Money, less any credits, bonus or promotional amounts given, less any processing fees, less any chargeback (including amounts paid as a result of credit card abuse or fraud.
% RevShare Gross Revenue
(per calendar month)
25 0 - 9,999 30 10,000 - 19,999 35 20,000 - 39,999 45 40,000 and up
We will pay you according to table 2 below a one-time fee based on the number of new, unique real money Players who register and purchase at one of our Partners brands. We retain the right to pass on any financial costs to your account that we may incur due to fraudulent activity auctioned players you referred. We retain the right to accept or decline admittance to the CPA program to any prospective affiliate for any reason whatsoever in our sole discretion you must have our prior approval to participate in the CPA option. If we determine in our sole discretion that you try to abuse the program by sending players that are not legitimately interested in playing for real money, we reserve the right to close your account completely or terminate your participation in the CPA program and move you to the revenue share immediately in this case no CPA fees will be paid.
CPA Depositing Players 40 1 - 30 50 30 - 70 60 70 - 150 65 150 - 300 75 301 and up
All commissions shall be paid to you on a monthly basis, approximately 15 days following the end of each month. Payments of commissions shall be made directly to you as per your preferred payment method. In the event that the commission to be paid to you in any calendar month is less than $150 (the "Minimum Amount"), we shall not be obligated to make the payment until such time as the commission is equal to or greater than the Minimum Amount. The Minimum Amount for wire transfer is $500; commissions of 150-500 will be paid via Moneybookers.
All Players shall be considered to be customers of the program, partners and/or Donateu Limited only. You are forbidden from making any contact and correspond with any of the players unless you have received a written approval from us. An attempt to contact any of the players entitles us to terminate this agreement.
All commissions will be reviewed for possible Fraud, whether such Fraud is on the part of the Money Player or on your part. We reserve the right to withhold any commission accrued in your favor, such commissions not to be paid until such time as the review has been concluded. Any incidence of Fraud on your part constitutes a breach of this Agreement, and we retain full authority to terminate this Agreement immediately in the event of such breach. Further, in the event that we deem that Fraud has occurred, either on your part or on the part of a Money Player, you shall not be entitled to receive any commissions which have accrued to your benefit at such time in relation to same whether such commissions were generated through Fraud or otherwise.
Intellectual Property. In the event of your acceptance to the Affiliate program, we shall grant you a non-transferable, non-exclusive, revocable license to place the Links on your Affiliate Sites during the term of this Agreement, and solely in connection with the Links, to use our logos, trade names, trade marks, service marks and similar identifying material as contained in the Links You are not permitted to alter, modify or change the Materials in any way whatsoever. You may not use any Licensed Materials for any purpose whatsoever other than promoting our partners. We may revoke your license to use the Materials at any time by written notice to you. You have not acquired and will not acquire any right, interest or title to the Links or the Materials by reason of this Agreement or your activities hereunder. The aforementioned license shall terminate upon the termination of this Agreement.
Obligations Regarding Your Site. You will be solely responsible for the technical operation of your Affiliate Sites and the accuracy and appropriateness of materials posted on therein. You agree that your Affiliate Sites will not, in any way, copy or resemble the look and feel of the Sites, nor will you create the impression that any of your Affiliate Sites are any of our partner's sites. You also agree that none of your Affiliate Sites will contain any content of our partner's sites or any materials which are proprietary. You will not use any unsolicited or spam email to promote our partners sites. We reserve the right to terminate this Agreement and your participation in the affiliate program immediately. You will indemnify and hold us and our partners harmless from all claims, damages, and expenses.
The term of this Agreement will begin upon your acceptance to the program as an Affiliate and will end when terminated by either Party. At any time, either Party may immediately terminate this Agreement, with or without cause, by giving the other Party written notice of termination. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Affiliate Sites, all Links and Licensed Materials and any other properties owned, or created by us. Following the termination of this Agreement and our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further payments of commissions to you. Netopartners reserves the right to retain and publicise the names, photos and personal details of any winner or recipient of gifts, promotions or any other free benefits.
Disclaimers. We make no express or implied warranties or representations with respect to the affiliate program or any implied warranties arising out of a course of performance, dealing, or trade usage. We make no representation that the operation of the Sites will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.
Limitation of Liability. We will not be liable for any indirect, special or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or your participation in the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement.
Indemnification. You hereby agree to indemnify, defend and hold us harmless as well as, our shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including legal fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) the breach of this Agreement by you or any representation or warranty made by you herein; or (ii) any claim related to your Site.
Your Representations and Warranties. You hereby represent and warrant to us the following: (i) you have accepted the terms and conditions of this Agreement, which creates legal, valid and binding obligations on you, enforceable against you in accordance with its terms; (ii) such acceptance and the performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and (iii) you are an adult of at least 18 years of age. You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfill your obligations hereunder without violating any applicable rule of law.
Entire Agreement. The provisions contained in this Agreement constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and no statement or inducement with respect to such subject matter by any Party which is not contained in this Agreement shall be valid or binding between the Parties.
Independent Investigation. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Confidentiality. During the term of this Agreement, You may be entrusted with Confidential Information (hereinafter defined) relating to the business, operations, or underlying technology of our Partners and/or the affiliate program (including, for example, fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. "Confidential Information" shall mean all non-public information that we designate as being confidential, or which, under the circumstances of disclosure ought to be treated as confidential. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
Assignability. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
Governing Law. This Agreement and any matters relating hereto shall be governed by, and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the Royal Courts of Justice, London. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Modification. We Have the right to modify the terms and conditions in this Agreement, at any time at our sole discretion. You agree that posting a change of terms notice or a new agreement on our website is considered sufficient provision of notice and such modifications shall be effective as of the date of posting. The new Terms and conditions will constitute binding acceptance by you of the changes made. We advice you to frequently visit and review the terms and conditions of the site.
Language Discrepancies. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.