The following is an agreement between the relevant Stake4Win company referred to below, ("Stake4Win", "us" or "we"), and you ("you"), which contains the terms and conditions that apply to all members of the Stake4Win affiliate programme ("Agreement").
If any of the terms of the Agreement are determined to be unlawful, invalid, void or unenforceable for any reason, it shall not affect the validity and enforceability of the remaining terms. Any failure or delay on our part to act or exercise any right or remedy with respect to a breach of any of the terms of this Agreement by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
You should ensure that you read, understand and agree with all the terms and conditions contained in the Agreement, before you may use the Services. You should only use the Services if you have read and understood the Agreement and agree to abide by its terms and conditions. If you have any questions about the Agreement please contact us at firstname.lastname@example.org.
We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. "Customer” means your visitors who join our customer database (by way of registering at one or more of our products/websites including all the skill based games) after arriving at the applicable site(s) via one of your click-thru URLs, which will be provided to you when you join. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them. Please be aware that you cannot promote or accepts customers who are resident in the Orissa, Asam or Telengana.
We will track your Customers' plays making available to you a report summarising their activities, which you can access from this site.
Subject to clause 5, we will pay you referral commission ("Referral Commission") up to 5%(Between 2% to 5%) of the net transactions (defined below) we earn from players directed from your site after they open an account with us and wager for real money at either Games of Skill at Stake4Win.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
You acknowledge and agree that regulations 9(1) and 9(2) (information to be provided by electronic means), 11(1) (placing of the order) of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to or have any effect on this Agreement.
To become a member of our affiliate programme you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.
if any of the terms of the Agreement are determined to be unlawful, invalid, void or unenforceable for any reason, it shall not affect the validity and enforceability of the remaining terms. Any failure or delay on our part to act or exercise any right or remedy with respect to a breach of any of the terms of this Agreement by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
By agreeing to participate in this Affiliate programme, you are agreeing to create and maintain unique links from your site to the websites which are owned, operated or branded by the Stake4Win group (“Stake4Win Websites”). You may link to us with any of our banners, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf.
All Stake4Win affiliates are required to refer a minimum of 50 active Customers within a three month period of joining the program. Should an affiliate not reach this requirement the affiliate account may be closed, but you will have the option to open a new affiliate account.
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of any member of the Stake4Win group, or any other name that could be understood to designate the Stake4Win group.
You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Stake4Win group’s trade marks or otherwise include the word "Stake4Win" or variations thereof, or include metatag keywords on the Partner Site which are identical or similar to any of the Stake4Win group’s trade marks.
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from www.Stake4Win.com or www.Stake4Winaffiliates.com . The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of our sites. In particular please do not create a direct link to the promotional materials on any Stake4Win Website
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic. We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any Stake4Win offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site. The Stake4Win affiliate programme is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by Contacting Us. Approval is solely at our discretion.
No affiliation can be made between your site and any Stake4Win Website.
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such 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. Your obligations with respect to confidential information shall survive the termination of this Agreement.
You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
The AFFILIATE shall not collect any charges from the players accept any statutory levies as applicable. You should ensure that you read, understand and agree with all the terms and conditions contained in the Agreement, before you may use the Services. You should only use the Services if you have read and understood the Agreement and agree to abide by its terms and conditions. If you have any questions about the Agreement please contact us at email@example.com.
Subject to clause 7, you will earn Referral Commission of 2% to 3% based on the net profit of your referred Customers. Net profit is defined as:
Transactions of welcome bonus, deposit bonus, referral bonus or any promotional bonus will not be considered as transactions for commission.We retain the right to change the Referral Commission percentage and method of calculation of Referral Commission as we wish in accordance with clause 1.4
Affiliates are eligible for payment on the balance of their earnings. Negative commission balances will be deducted from available commissions.
All affiliates are mandatory AMC charges of 1000 INR from 2nd year onwards.
AMC charges are applicable every year.
Any affiliates are not authorized to take payment on behalf of Stake4Win. However they can make transactions through wallet transfer with players or customers. We can keep security deposit of 25000 INR for our security reasons, However wright now security deposit is not applicable for Affiliates.
All Affiliate can register free of cost.
All affiliates are mandatory fees of 5000 INR for website. You will get ready website, sub domain, 5 pages, hosting, banners, promotional banners, unique affiliate banners etc.
Any additional feature in website will be chargeable like personal domain, more pages etc etc.
Fees are applicable after registration but before 1st commission.
Your Stake4Winaffiliate account must have a minimum of 50 active referred Customers before you will be eligible for Referral Commission payment. Subject to clause 6, you are entitled to one payout per month, providing you have fulfilled the above Customer requirement at the end of the preceding month. You agree that a self-billing procedure is in place between you and Stake4Win in respect of payment of Referral Commissions. Under the self-billing procedure, if you wish to request payment of any Referral Commission you must make the payment request via your account on the Stake4Win affiliate system following which we will raise a invoice showing all required particulars for the applicable Referral Commission on your behalf, which you agree to accept. Payment of any invoice will be made in accordance with and subject to the terms set out below. You agree not to raise any invoice in respect of your affiliate services. You agree to notify us if you make any changes to the ownership of your business. The minimum payout request for earned Referral Commission per month depends upon the currency denomination of your affiliate account as shown below. Currency Denomination is applicable for countries other than India. There is no maximum limit of withdrawals.
|Currency||Minimum Payout Request|
|Australian Dollars||100 AUD|
|Canadian Dollars||100 CAD|
|Chinese Renminbi||750 RMB|
|Danish Kroner||500 DKK|
|Hong Kong Dollars||750 HKD|
|Icelandic Kroner||8,000 ISK|
|Japanese Yen||10,000 JPY|
|Malaysian Ringgits||300 MYR|
|Norwegian Kroner||500 NOK|
|Swedish Kroner||600 SEK|
|Thai Baht||3,500 THB|
|UK Pounds||50 GBP|
|United States Dollars||100 USD|
Referral Commission payments may be requested: (i) to a nominated Stake4Win account - recommended, the fastest and easiest way to withdraw money via your choice of any of the payment methods supported by Stake4Win.com (ii) bank wire, or (iii) cheque in INR (USD for Foreign Members). Please be aware that although Stake4Win will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions. Bank wires will appear on your bank statement with reference ‘Stake4Win Pvt. Ltd. An active referred Customer is defined as a visitor to your site(s) who has clicked through to a Stake4Win Website via your click-thru link, has registered as a customer, deposited funds to their customer account and conducted playing activity in one or more Stake4Win products – Skill based Games at Stake4Win.
All Referral Commission Payments will be due and paid in the currency which was selected when your Affiliate Account was first set up, except for payment requests via cheque, which are only available in either INR or US dollars. Where currency conversion is required, all amounts are converted at the mid-point applying at the time of payment, as published in the Financial Times. Referral Commissions arising from Customer Accounts that are held in currencies other than the affiliate’s home currency will be converted at the mid-point which applied at the time the Referral Commission was earned.
All payment to be made in terms of this agreement will be subject to the deduction of tax at source, wherever applicable, as per the provisions of the Income Tax Act, 1961 All referral commission will be paid after deduction of TDS (10%). TDS certificate will be sent to you every quarter through email; however you can download it from your Member Panel Area.
The term of this Agreement will begin when you are approved as an affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification
Upon termination you must remove all of our banners/icons from your site and disable all links from your site to all Stake4Win Websites. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of our Marks.
We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
You shall not open more than one Master Affiliate account without our prior written consent nor will you earn commission on your own or related person's STAKE4WIN sports, skill based gamest. The programme is intended for professional website publishers.
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of all Skill Based Games. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this Agreement.
We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.
You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.
We make no express or implied warranties or representations with respect to the Affiliate programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the www.Stake4Winaffiliates.com system and the Stake4Win database, the database shall be deemed accurate.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the affiliate programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the affiliate programme will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
The laws of India will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in India at Indore (M.P.) and you irrevocably consent to the jurisdiction of its courts.
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 be enforceable against you and us and our respective successors and assigns.
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 this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement 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 the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective. Form Revised: 10 August 2017.