Terms and Conditions
Lucky Partners Club is in the business of providing, marketing, and promoting online casino services (the "Service"), operated via an Internet web site located at https://www.luckypartnersclub.com/ (the "Site").
The Referral Company or person (from herein after "Referral Company/Affiliate") desires to obtain from Lucky Partners Club, and Lucky Partners Club agrees to grant the Referral Company/Affiliate, the non-exclusive right and license to advertise, market and promote the Service. By completing the Affiliate Application to Lucky Partners Club Affiliate Program(the "Affiliate Program") and clicking "Submit" on the form, the Referral Company/Affiliate, hereby agree to abide by all the terms and conditions set out in this Agreement and this inclusive of the different Commission Structures applicable to the different products.
Lucky Partners Club shall reimburse the Referral Company/Affiliate for these promotional services, in accordance with the following terms and conditions:
1. Grant of Promotion and Distribution License
1.1 The Referral Company/Affiliate hereby warrants that:
- He/She is of the legal age and agree to and enter into this Agreement.
- He/She is competent and duly authorized to enter into binding Agreements for the Referral company/Affiliate and/or the Website.
- He/She is the proprietor of all rights, licenses and permits to market promote and advertise the services of Lucky Partners Club in accordance with the provision of this Agreement.
- He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of Lucky Partners Club.
- He/She fully understands and accepts the terms and conditions of the Agreement.
- Affiliates may only have one registered affiliate account. The affiliate manager will setup additional accounts under other deals if this is necessary for the affiliate.
- Members shall not refer themselves nor family members as Players or Sub-Affiliates.
- To offer an extra incentive, monetary value for someone to sign up as a Sub-Affiliate.
- Partner with any outside party with the intention of acting in bad faith against Lucky Partners Club.
1.2 Any Affiliate application will be immediately denied if any of the following is found on their site:
- Sexually graphic, pornographic or obscene material.
- Content of a graphic violent nature.
- Content aimed towards minors.
- Any content of an overtly political or controversial intention.
- Prejudicial, hateful, threatening, inciteful or discriminatory-natured content ( whether that be concerning race, religion, sexual orientation, gender or ethnicity).
1.3 As an affiliate of Lucky Partners Club, registering or purchasing keywords, search terms, domains or any other identifiers for affiliate usage to look or appear identical to the casino brands under Lucky Partners Club is not permitted, unless written consent is given.
1.4 Players restricted from the following countries will not be accepted to play at the casino's: Australia, Costa Rica, Czech Republic, Slovakia, Serbia and the United Kingdom, including the play in cryptocurrency.
2. Obligations of Lucky Partners Club
2.1. Lucky Partners Club shall retain the right to provide the Service in any form Lucky Partners Club deems appropriate; and retains the right to change or cancel any part of the Service, at any time and in any manner Lucky Partners Club deems appropriate, without prior notice to the Referral Company. However, any strategic change of policy towards Referral such as cancel any part of the Service at any time shall be made with prior notice to the Referral Company/Affiliate.
2.2 Notwithstanding the terms of these Terms and Conditions, Lucky Partners Club shall not be held responsible or liable for any loss of income, or loss of the ability to produce income, incurred by the Referral Company/Affiliate; even if such losses should arise from the inability of Lucky Partners Club deliver the Services stipulated in these Terms and Conditions for any reason whatsoever, whether Lucky Partners Club at fault or whether a third party is at fault.
2.3 Lucky Partners Club reserves the right to modify these Terms and Conditions at any moment.
2.4 Lucky Partners Club shall provide the Affiliate with all information necessary and marketing material for the implementation of the link.
2.5 Lucky Partners Club shall administrate the turnover generated via the links, record the net revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
2.6 Lucky Partners Club shall pay the Affiliate the amount due depending on the traffic generated subject to the terms and conditions of this Agreement.
2.7 The Referral Company/Affiliate will not generate traffic to SO Affiliate partners, by illegal or fraudulent activity, particularly but not limited to by:
- Sending spam.
- Incorrect metatags.
- Registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for its own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud.
2.8 Without prejudice to the Marketing Material as may be forwarded by the Company and/or made available online through the website https://www.luckypartnersclub.com/ the Referral Company/Affiliate may not use Lucky Partners Club or other terms, trademarks and other intellectual property rights that are vested in the the Company unless the Company consents to such use in writing.
3. Obligations of the Referral Company
3.1. The Referral Company shall employ its best efforts to actively and effectively advertise market and promote the Service as widely as possible so as to maximize the benefit to the Referral Company and to Lucky Partners Club.
3.2. The Referral Company/Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law, and which reflect positively upon the business reputation of Lucky Partners Club.In particular, the Referral Company agrees to market the Service in a manner that is consistent with the content and style of the Service. In connection therewith, Lucky Partners Club shall have the right to review and approve (approval shall not be unreasonably withheld) the manner and methods of advertising, marketing and promotion used by the Referral Company/Affiliate in connection with the Service.
3.3. Notwithstanding the approval by Lucky Partners Club given in accordance with section 3.2 of these Terms and Conditions, Lucky Partners Club shall under no circumstances be held liable for-and the Referral Company/Affiliate shall indemnify, defend and hold Lucky Partners Club harmless against-any and all claims asserted against Lucky Partners Club by reason of the Referral Company- marketing and promotional efforts.
The Referral Company shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of the Service; including without limitation, all costs directly related to marketing.
3.4. Multiple Accounts: You are only entitled to set up one (1) Affiliate membership account ("Account") with each casino, represented by Lucky Partners Club.You may use your Account in connection with as many domains and/or websites you own or otherwise have the right to use. Lucky Partners Club reserves the right to allow an Affiliate to maintain multiple accounts on a case to case basis.
3.5. The Terms & Conditions are subject to change at anytime and it is the responsibility of the Referral Company to be aware of the latest rules and regulations as applicable to their commissions and payments.
4. Compensation/ Earnings Structure
4.1. The Referral Company's compensation is calculated based on the following earning models, Revenue Share, CPA and Hybrid. Revenue Share is set forth in the following table:
4.1.1. Revenue Share:
Affiliate will earn a commission based on a percentage of the players NGR value for the month.
Earnings will be calculated as a % of the NGR.
NGR = (bets – wins – bonuses) – 25% (Admin fee)
25% = $1 -$2500
30% = $2501 - $5000
35% = $5001 - $7500
40% = $7501 - $10,000
45% = $10,000 +
4.1.2 CPA Model (available after negotiation)
CPA Agreement will be based on the written confirmation that you will receive from your affiliate manager.
We do not pay any CPA's for duplicate players, players that have self excluded, or disabled players (players that have had their acc closed by our support team - due to fraud etc).
4.1.3 Hybrid (available after negotiation)
This is a combined deal of both a Revenue Share structure as well as a CPA.
Calculations of Rev Share referred to in 4.1.1 and for CPA in point 4.1.2.
4.2. "Net Loss/Net Losses" - shall mean, for any given calendar month, the total amount of the referred Customers losses in the client's websites less the players winnings, less bonuses paid to customers by the clients.
4.3. Sub-Affiliate is defined as a new registered affiliate that has been directed to the Lucky Partners Club program by a current active affiliate. When an affiliate refers to Lucky Partners Club, you will earn 4% of their Net Gaming Revenue. NGR = (bets – wins – bonuses) – 25% Admin fee.
4.4. Negative balance: While Lucky Partners Club features no negative carryover, we hereby reserve the right to review all accounts which feaure a negative balance to ensure no fraudulent transactions. Lucky Partners Club also reserves the right to withhold partial or complete payments in cases of Fraudulent Player Actions, Chargebacks, and other specific instances, where intervention is required.
4.5. Lucky Partners Club shall pay the Referral Company/Affiliate each month for services rendered during the preceding calendar month.
Payment cycle occurs between the 15th and the end of the following month.
Affiliate will have the choice to decide between a Bankwire payment or a Bitcoin payment.
For Bankwire payments, if the amount of compensation for one month is less than US $500, the amount shall be made available in the succeeding month (when the accumulated amount is greater than US $500).
For Bitcoin payments, if the amount of compensation for one month is less than US $100, the amount shall be made available in the succeeding month (when the accumulated amount is greater than US $100).
4.6. Lucky Partners Club shall have the right to withhold any and all payments to the Referral Company/Affiliate if the Referral Company/Affiliate is in breach of these Terms and Conditions.
4.7. In cases where an Affiliate is also a player, Lucky Partners Club reserves the right not to pay an Affiliate for their personal losses.
4.8. Lucky Partners Club may reverse any commission paid to referral Company/Affiliate, and subtract said commission from future payments to you, if Lucky Partners Club receives a charge back on a transaction from any customer referred by the Referral Company.
4.9. We have and reserve the right to pass on any Fraud Costs and Bank Fees incurred to your account.
4.10. Lucky Partners Club reserves the right to change the Terms & Conditions at any time, for any reason.
5. Term of Duration and Cancellation
5.1. Lucky Partners Club has the right to cancel the Promotion Rights with immediate effect if with the Referral Company/Affiliate is in material breach of these Terms and Conditions. Such breach includes, but is not limited to, situations when the Referral Company/Affiliate engages in advertising, marketing, distribution and promotional efforts that would impair Lucky Partners Club Affiliates goodwill and business reputation, or would expose Lucky Partners Club to legal liability.
5.2. Upon the cancellation of the Promotion Rights, the Referral Company/Affiliate shall immediately return to Lucky Partners Club any and all materials, over which Lucky Partners Club has a proprietary right, that are in the Referral Company/Affiliate possession and/or in the possession of the Referral Company/Affiliate agents, servants and employees. The Referral Company shall also immediately remove any hyperlinks and materials, over which Lucky Partners Club has a proprietary right, from the Referral Company/Affiliate web site and/or the web sites of the Referral Company/Affiliate agents.
5.3. If the Promotion Rights are cancelled, and the Referral Company/Affiliate is not in default of these Terms and Conditions, the Referral Company/Affiliate shall have the right to continue to receive a Referral Percentage on referred Users who continues to utilize the Service after being referred to the Service by the Referral Company/Affiliate during and up to four months from the day of the cancellation.
5.4. Users that utilize Lucky Partners Club facilities and services and all information relating to such Users shall remain the property of Lucky Partners Club at all times.
5.5 This Agreement may be terminated by either party with immidiate affect. Reason being that if there is a potential deal in place with traffic that we no longer want to receive- we will pay for the month up to and including the date of which the deal is then terminated. Anything further from the date that the agreement has been terminated - will not be paid for.
5.6 The Contracting Parties hereby agree that on termination of this Agreement:
- All rights and licenses granted to the Referral Company/Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Referral Company/Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company
- The Referral Company/Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however provided, the Company may withhold the Referral Company/Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Referral Company/Affiliate will not be eligible to earn or receive commissions after this date.
- If this Agreement is terminated by the Company on the basis of the Referral Company/Affiliate's breach, the Company shall be entitled to withhold the Referral Company/Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Company due to a breach by the referral Company/Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Company to the Affiliate.
- The Referral Company/Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.
- The Referral Company/Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Referral Company/Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The referral Company/Affiliate's obligation of Confidentiality towards the Company and Lucky Partners Club shall survive the termination of this Agreement.
6. Account Statements
6.1. All payments due to the Referral Company/Affiliates shall be made by the 5th of the following month for the period of the 15th - end of the previous month”Statements may be adjusted by Lucky Partners Club from time to time to reflect overpayments, player charge backs and/or credits or underpayments to consumers by Lucky Partners Club
6.2. The Referral Company/Affiliate shall have the facility to monitor the Referral Percentage and the payments in real time using an online monitoring system at a secure web site.
6.3. Should the Referral Company/Affiliates dispute a payment received, the Referral Company/Affiliate has 60 days from the date of receiving said payment/s within which to lodge a claim or to challenge the amount paid. Should there be no objection raised within this period then the amount tendered will be regarded as accepted and no further claim/s will be entertained.
6.4. While Lucky Partners Club features No Negative Carryover for all Affiliate partners, certain referred customers may win large amounts at a partner casino in a calendar month to cause an Affiliate overall earnings to be a negative amount. In case of such an occurrence (commonly referred to as "virtual fencing" in the Affiliate industry), Lucky Partners Club Affiliates may, after consulting with the Affiliate, temporarily remove this customer from the Affiliate revenue stream until such time where the customer winnings have been recovered by the partner casino.
Lucky Partners Club Affiliates uses the following formula to determine if a customer will be removed from an Affiliate revenue stream:
Net Winnings – Total Withdrawals (Approved) – Calendar Month Bonuses
Once the customer winnings have been recovered, they will be returned to the Affiliate revenue stream. By doing this, your Affiliate partner monthly earnings are protected.
7. Exclusivity, Non-Competition and Ownership of Service name
7.1. The Referral Company/Affiliate agrees, understands and acknowledges that Lucky Partners Club may enter into Agreements of this type with third parties to promote the Service or a similar version thereof.
7.2. The Referral Company/Affiliate has not paid consideration for the use of the trademarks, logos, copyrights, trade names, or designations belonging to Lucky Partners Club and nothing contained in these Terms and Conditions shall give the Referral Company/Affiliates any right, title or interest in or to any of them.
7.3. The Referral Company/Affiliate acknowledges that Lucky Partners Club own and retain all copyrights and other proprietary rights, as well as any software supplied by Lucky Partners Club in all of the foregoing. The Referral Company/Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, service mark or logo belonging or licensed to Lucky Partners Club or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright.
7.4. Without limiting the generality of the foregoing terms, the Referral Company/Affiliate shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of Lucky Partners Club The Referral Company/Affiliate shall not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Referral Company/Affiliate name, or any name under which the Referral Company/Affiliate conducts business. The Referral Company/Affiliate shall not affix a trademark, logo or trade name of Lucky Partners Club to any non- Lucky Partners Club product. The Referral Company/Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by Lucky Partners Club.
8. Confidentiality and Non-Disclosure
The Referral Company/Affiliate and Lucky Partners Club each agree that each may have access to, and become acquainted with, Confidential Information of the other. The Referral Company/Affiliate and Lucky Partners Club each specifically agree not to misuse, misappropriate or disclose any such Confidential Information, directly or indirectly, to any third party.
9. Representations, Warranties and Indemnity
9.1. The Referral Company/Affiliate warrants, represents and covenants to Lucky Partners Club that it has all necessary rights, licenses, permissions and business permits; and will comply with all applicable laws, rules and regulations in connection with promoting the Service to Users.
10.1 The referral Company Affiliate agrees to defend, indemnify and hold the Company and Lucky Partners Club and its Affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
- Any breach of Affiliate's representations, warranties or covenants under this Agreement.
- Affiliate's use (or misuse) of the marketing materials.
- All conduct and activities occurring under Affiliate's user ID and password.
- Any defamatory, libelous or illegal material contained within Affiliate Site or Affiliate's information and data.
- Any claim or contention that Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.
- Third party access or use of Affiliate Site or Affiliate's information and data.
- Any claim related to Affiliate Site.
- Any violation of this Agreement.
11.1 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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
12.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company and/or Lucky Partners Club shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of the Company and/or Lucky Partners Club has been obtained. This provision shall survive the termination of this Agreement.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the law of the Republic of Curacao. If any provision of this Agreement as applied to any party or to any circumstance should be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the invalidity of that provision shall in no way affect (to the maximum extent permissible by law) the application of such provision under circumstances different from those adjudicated by the court, the application of any other provision of this Agreement, or the enforceability or invalidity of this Agreement as a whole. Should any provision of this Agreement become or be deemed invalid, illegal or unenforceable in any jurisdiction by reason of the scope, extent or duration of its coverage, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken and the remainder of this Agreement shall continue in full force and effect.