Affiliate Marketing Agreement

 TERMS & CONDITIONS

A. PARTIES

 Parties mean the Affiliate Program and the Affiliate Partner (each a “Party”).

Affiliate Program – Lemon.Partners – Proton Bulls Ltd, a company officially registered under the laws of United Kingdom, registered under company number 13624986, having its registered address at 85 Great Portland Street, First Floor, W1W 7LT., London, England.

Affiliate Partner – means any person or company who electronically signed this Agreement and offers advertising services using the materials from the Affiliate Program.

This agreement sets out the terms and conditions set and agreed between the parties. Lemon.Partners may update and edit all or any part of this agreement at any time. The parties agree that in the case such updates occur a notification in the form of an email and/or internal message inside the affiliate platform will be sent and will be deemed to be served immediately when sent. If the Affiliate Partner does not agree to the changes the Parties agree to terminate this Agreement. The Affiliate Partner continued participation in the updated agreement will constitute binding acceptance of such updates.

B. DEFINITIONS

Affiliate Partner means any private and/or legal person who, after electronically signing this agreement, allocates advertisement space on its publishing source or other media platform for Lemon.Partners marketing materials.

Affiliate Platform means a software and a tool, which records and monitors the relevant Affiliate Partner advertising results. 

Administrative Fees refers to taxes, third-party commissions, and fees, financial transaction fees, chargebacks, operator costs, legal costs, additional license fees. The currently charged administrative fee is 0%.

Bonuses mean any so-called “free money”, “good-will bonuses”, “free spins”, “cashback” and/or similar that the referred Customers can utilize as payment for using our services.

Calendar Days means any day of the week, month, or year including bank holidays and weekends.

Commission means the financial compensation due to the Affiliate Partner based on the agreed commission types.

Commission Type means the type of financial plan agreed between the Parties for the results of the advertising services.

First Time Depositing Customer means a New Customer who has made a first real money deposit and does own only one player account.

Gross Revenue means the gross value of the revenues generated by all customers referred by the Affiliate Partner across all activity options. 

Net Revenue means the Gross Revenue less: taxes, duties, third party commissions/fees, financial transaction fees, bonuses, marketing taxes, VAT taxes, operational fees, any other player rewards, cash backs, and chargebacks.

Newly Registered Customer means any customer who registers through the given Affiliate Partner advertising materials.

C. AFFILIATE RIGHTS AND OBLIGATIONS

  1. To become a member of our affiliate program you must accept and sign electronically these terms and conditions by ticking the respective box as a last action in the affiliate application procedure.
  2. Lemon.Partners will, at its sole discretion, determine whether or not to accept an affiliate application and will send an official notification by email. 
  3. The Affiliate Partner agrees to provide any documentation required by the Affiliate Program in order to verify the details and the authority of the Affiliate Partner. Such verification procedure can be started by the Affiliate Program at any time during the term of the affiliate agreement.  
  4. It is the Affiliate Partner sole obligation to ensure that any information provided is exact, correct, valid and kept up to date.
  5. Opening an affiliate account without legal authority and/or transfering an affiliate account to another party is considered illegal and will result in termination of this agreement and confiscating all commissions unpaid. 
  6. The Affiliate Partners wishing to transfer an account to another owner must contact Lemon.Partners via e-mail or internal message providing all details of the upcoming transfer and requesting written permission from the Affiliate Program. The Affiliate Program reserves the right to not accept the new owner and cancel this agreement together with the Affiliate Partners account.
  7. The Affiliate Partner shall not apply for more than one affiliate account without requesting prior approval from the Affiliate Program.
  8. By becoming a fully accepted member of the Lemon.Partners, the Affiliate Partner agrees to actively advertise, market and promote, with all time updated and correct information, the websites presented inside the Affiliate Platform.
  9. The Affiliate Partner will ensure that all marketing activities taken by will be in the Affiliate Program’s best interest and will in no way harm its reputation or employees.
  10. The Affiliate Partner will ensure that only those marketing materials and tracking links will be used during the advertising, which could be found inside the Affiliate Platform.
  11. The Affiliate Partner guarantees the legal background of the development, operation and maintenance of the publishing sources and for all materials that appear on it.
  12. The publishing sources of the Affiliate Partner must be compliant with all applicable laws, including but not limited to the general data protection regulation and privacy regulations.
  13. The publishing sources should not contain any violent, political, sexual, defamatory, libellous, discriminatory or otherwise unsuitable or socially unsuitable content.
  14. The Affiliate Partners should not generate traffic by registering directly or indirectly using associates, family members or other third parties connected to its business or staff. 
  15. The Affiliate Partner agrees that any customer referred, found to be a bonus abuser, politically exposed person, money launderer, associates of the Affiliate Partner, family members of the Affiliate Partner and its staff, or any other third parties connected to or fraudster or who assists in any form of fraud activity will not count as a valid customer and no commission shall be payable for them.
  16. If 50% or more of an Affiliate Partner referred customers will produce a very similar pattern of general activity (deposit amounts, special deposit methods, stake used, game transaction pattern, same game choices, playing systems etc.) this can be considered as a breach of this agreement and may result in immediate account closure due to fraud.
  17. The Affiliate Partner shall run the advertising campaigns only on the sources entered inside the Affiliate Platform registry which were accepted by the Affiliate Program managers. Customers from unregistered sources will not count under the commission plan agreed.
  18. Email and sms marketing is allowed if the Affiliate Partner obtained Lemon.Partners prior permission. Each and every message sent should be validated by one of the official representatives of the Lemon.Partners Affiliate Program. If such permission is granted the Affiliate Partner must ensure that it has each and every recipient’s explicit consent. The Affiliate Partner must present clearly to the recipient that such marketing communications are sent from the Affiliate Partner.
  19. The Affiliate Partner shall not register domain names, as well as search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other referral service which are confuseably identical to any of the Lemon.Partners and its clients look or trademarks.
  20. The Affiliate Partner shall not use any custom marketing creatives incorporating the intellectual property rights of Lemon.Partners and its clients, without the written permission received officially from the Affiliate Program.
  21. The Affiliate Partner shall not offer any cashbacks, personal rewards or similar incentives, other than the offers available for marketing from Lemon.Partners.
  22. The Affiliate Partner shall not target persons who are under 18 or the legal gambling age in their jurisdiction. (e.g. South Korea, Canada 19+, Nigeria 20+, Other parts of Asia, Namibia, Ukraine 21+ ). Shall not target any territory or jurisdictions where gambling is illegal and shall not perform any act which is illegal in relation to the affiliate program or otherwise.
  23. The Affiliate Partner shall be liable for all risks, costs and expenses incurred in relation to the advertising activities.
  24. The Affiliate Partner agrees to immediately return all commissions received based on customers referred who are in breach of the affiliate agreement or relating to fraudulent activity.
  25. Nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship in between Parties.
  26. Lemon.Partners will monitor the publishing sources to ensure that the Affiliate Partner is complying with the terms of this agreement and can request modifications or corrections at any time, and the Affiliate Partner should submit to eventual instructions. In cases where the Affiliate Partner fails to publish up-to-date content or information and fails to apply requested changes or updates within 21 calendar days, Lemon.Partners reserves the right to temporarily suspend the calculation of any commission types and to withhold any pending commissions temporarily.

D. AFFILIATE PROGRAM

  1. By this Agreement, we grant you the non-exclusive, non-assignable, right to redirect potential new players to our site in accordance with the terms and conditions of this agreement. Lemon.Partners does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. The Affiliate Partner shall have no claim to commission or other compensation on business secured by or through persons or entities other than its business.
  2. During the term of this agreement, the Affiliate Partner may be entrusted with confidential information relating to the Affiliate Program and its clients business, operations, or underlying technology and/or the Affiliate Platform. The Affiliate Partner agrees to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties.
  3. The Affiliate Partner shall at all times comply with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, EGBA standards; with the responsible gaming and betting policy and with the Code for Responsible Advertising for online gambling; and social responsibility codes, and any other related legislation.
  4. Lemon.Partners shall supply the Affiliate Partner with marketing pages, graphic materials, text reviews and any other material used as marketing tools.
  5. Lemon.Partners will make all the technical efforts to ensure that whenever a new player is redirected through the creatives used, this player will be identified as originating from the Affiliate Partner, however, Lemon.Partners shall not be held liable if it is unable to do so due to unforeseen circumstances.
  6. In the case the Affiliate Partner application is accepted, the Affiliate Platform will assign a unique ID. This identification number will be present in all of the tracking links helping to identify and connect the players to the Affiliate Partner account.
  7. In case of any technical, statistical, recording disputes, an audit process will be started and the decision of the Affiliate Program representative will be accepted as final.

E. FINANCIAL TERMS

  1. Each and every Affiliate Partner agrees on customly created deals with the representatives of Lemon.Partners based on the one to one negotiations run during the application process. If no other commission type is agreed the default commission type set will be 25% Net Revenue Share without negative carry-over.
  2. Once the commission type is selected a financial agreement will be created, this will get signed by one of the authorised representatives of the Parties.
  3. The following commission types will be offered for the Affiliate Partners: Revenue Share commission from the Net Revenue produced without negative carry-over, Cost of Action commission also called as CPA, Cost of Lead commission also called as CPL, One time commission, Sub-Affiliate commission and Hybrid commission plan. 
  4. Details and additional information will be added to each and every agreement, these agreements can be signed for a fixed period or for an indefinite period of time. Sharing the agreed commission type details, the financial contract terms with a third party is prohibited.
  5. In case of the signed financial agreements and additionally signed contracts between the Parties, these terms and conditions will represent the base points of the agreements and such documents will be considered as Annex to this agreement.
  6. All commissions will be paid after the financial agreement will be signed by both of the Parties. This document will be used for accounting purposes and in order to comply with the current banking money laundering regulations.
  7. In the case the signed financial agreement with the commission type Revenue Share or Hybrid which includes Revenue Share, was signed for a fix period of time, if the deal period will not be prolonged by the Parties but the Affiliate Partner continues to showcase Lemon.Partners marketing materials on the website, a minimum Revenue Share without negative-carry over, commission of 25% will apply by default. In addition, in those cases when a CPA deal has been agreed between the parties but it has been cancelled or the agreement period ended, the affiliate partner will be eligible for late conversion CPA commission rewards for up to 6 months after the termination, from the not converted new customer sign ups generated during the period of the signed agreement. In such cases the affiliate partner is exempted from the condition of showcasing the Lemon.Partners marketing materials.
  8. The default Sub-Affiliate commission type is 1% of the summed up Net Revenue generated by the referred affiliate partners.
  9. Net Revenue calculation is based on the following formula: Gross Revenue - All Bonuses - Administration Fee.
  10. If the Affiliate Partner is a natural person who enters into business with Lemon.Partners, the Affiliate Partner will be liable for payment of any taxes or duties arising in connection with the commissions received. 
  11. In the case the Affiliate Partner company is registered in the United Kingdom, a 15% of the total commission will be deducted from the final commission before the payment is made, which will be paid as a Tax by our company to the HMRC. This applies to the businesses which are eventually registered in the territory of the United Kingdom.
  12. The Affiliate Partner shall be entitled to receive the commission exclusively for real-money customers referred by the registered publishing sources in the system or for the advertising performance results produced. 
  13. The players referred by the Affiliate Partner will be connected to the referring Affiliate Partners’ account for lifetime. 
  14. The earned commissions will be paid based on the information submitted by the Affiliate Partner in the Affiliate Platform. The Affiliate Partner is solely responsible for the validity of the payment details submitted.  
  15. Lemon.Partners accepts the following payment methods for commission payments: SEPA Bank Transfers, USDT/USDC ERC20.
  16. The earned commissions will be automatically paid until the 18th of the month.
  17. The minimum payable commission threshold is set to €100. 
  18. All commission payments will be made in EURO based on the exchange rate applied by the chosen financial institution of Lemon.Partners.
  19. Lemon.Partners may delay payment of any commission type balance to the Affiliate Partner for up to ninety (90) days, while it investigates and verifies that the relevant transactions comply with the provisions of the agreement or in the case of temporary insolvency.
  20. In the event when Lemon.Partners cannot process the payment for more than 6 months as a result of unsigned financial agreement, invalid payment details, missing payment details, and the Affiliate Partner has not responded to all reasonable contact attempts, the earned commission can be withheld and cancelled.

F. WARRANTIES & DISCLAIMER & INDEMNITY

  1. The Parties warrants to the other that it has and will retain, throughout the term, all rights, title and authority to accept the terms of this agreement. 
  2. The Parties must provide information on responsible gambling.
  3. The Affiliate Program makes no promise that the operation of its and/or its clients’ website will be uninterrupted, or it will function without errors. 
  4. The Affiliate Program will not be liable for the consequences of any interruptions, errors, late payments, negligence.
  5. The Affiliate Partner shall indemnify on demand and hold harmless the Affiliate Program, its clients’, associates, officers, directors, employees, agents, shareholders and partners from and against any and all losses, demands, claims, damages, costs, expenses.

G. MISCELLANEOUS

  1. Non-Waiver. 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. No modifications, additions, deletions or interlineations of the agreement are permitted or will be recognised by Lemon.Partners. None of our employees or agents has any authority to make or to agree to any alterations or modifications to the agreement or its terms.
  2. Force Majeure. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such an event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding forty-two (42) days then either Party may terminate this Agreement with immediate effect by sending a written notice.
  3. Assignability. You may not assign this agreement, by operation of law or otherwise, without Lemon.Partners written consent. Subject to that restriction, the agreement will be binding on, inure to the benefit of, and be enforceable against the Affiliate Partner and Lemon.Partners and our respective successors and assigns.
  4. Severability. Each provision of the agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating it. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
  5. Governing Law: Parties submits to the arbitrator assigned by the Curacao Dispute Resolution Center, Curacao, over any claim, dispute or matter under or in connection with the agreement and/or its enforceability.

H. TERMINATION

  1. This agreement comes into force and effect when the Affiliate Partners’ application is approved by Lemon.Partners and will continue to be effective until either Party notifies the other in writing about termination.
  2. The termination request will come into effect from the day when the notification has been received.
  3. The Affiliate Partner must remove all contents from all the publishing sources related to Lemon.Partners or its clients, shall not continue to use any of the tracking links or promotional materials.
  4. All rights and licenses given to Affiliate Partner in this agreement shall immediately terminate. Lemon.Partners may withhold your final payment for a reasonable time to ensure that the correct amount is paid and that the Affiliate Partner fulfills all its obligations in regards to the termination. 
  5. The customers previously referred by the Affiliate Partner, after the termination of this agreement, might decide to continue to use the services of Lemon.Partners’ advertised brands; this will not constitute a continuation or renewal of this agreement or a waiver of termination.
  6. Lemon.Partners may terminate this agreement at any time if the Affiliate Partner does not comply with the terms of this agreement at any time.
  7. Lemon.Partners may terminate this agreement at any time if the Affiliate Partner does not comply with the terms of the financial agreement signed.
  8. Lemon.Partners may terminate this agreement at any time if the Affiliate Partner or its business partners, relatives attempts to artificially increase the activity or the commission or any statistical metrics. Violation of this provision shall be deemed to be a fraud and will result in immediate cancellation of the Affiliate Partner account and confiscation of all commissions earned.
  9. Lemon.Partners may terminate this agreement at any time if the Affiliate Partner cannot be reached via email or internal communication channels for more than 120 days and/or the Affiliate Partner fails to log in to the Affiliate Platform.
  10. Lemon.Partners may terminate this agreement and may withhold any commission if invalid information or promotions are shown by the Affiliate Partner and these informations are not updated within 21 calendar days after receiving Lemon.Partners’ notification.

    – Last updated: 10/06/2022