Terms & Conditions

MAGICPORO LTD

as hosted at

moonrocketaffiliates.com

AFFILIATE TERMS AND CONDITIONS

  1. BACKGROUND 3
  2. DEFINITIONS 3
  3. ENROLLMENT 7
  4. MEMBER AGREEMENT 7
  5. DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL 8
  6. MAINTAINING THE LINKS 9
  7. COMMUNICATION TO MEMBERS 9
  8. SPAM – WE DO NOT CONDONE SPAM 9
  9. GOOD FAITH 10
  10. COMMISSION AND REFERRAL BONUS 10
  11. BONUS/ GIVEWAYS/ INCENTIVES 10
  12. CONFIDENTIAL INFORMATION 11
  13. LIABILITY 12
  14. TERM AND TERMINATION 13
  15. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. 13
  16. RISK ALLOCATION 14
  17. ACKNOWLEDGEMENT OF NO WARRANTY 14
  18. ASSIGNMENT 14
  19. GOVERNING LAW 14
  20. SINGLE ACCOUNT 15
  21. INDEPENDENT CONTRACTORS 15
  22. DISCLAIMER 15
  23. WAIVER 15
  24. MODIFICATIONS 16
  25. COMMISSION STRUCTURE 16
  26. PAYMENTS 16

BACKGROUND

This is an Agreement (“The Affiliate Agreement”) between you (“you” or “Affiliate”) and moonrocketaffiliates.com (“Company”, “us”, “we” or “Affiliate Program”).

By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.

We may periodically make modifications to this Agreement. While we will do our best to notify you of such changes, we recommend that you revisit this page regularly. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement. Before you can proceed with registration, please accept the terms and conditions below.

Please Read and Print for Future Reference

If you wish to participate in our Affiliate Program, indicate your agreement to do so by clicking the “I Agree” button below.

For purposes of clarity, the terms “we” and “us” refer to Magicporo Ltd and “you” and “Member” refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The contract provides you with the non-exclusive right to direct users (“Visitors”) from your site or sites to the Merchant’s websites, in return for the payment of commissions and referral bonuses as specified herein.

DEFINITIONS

“Admin Fee” is set at 28% and includes the License Fees, Game Provider Fees and Platform Fees, Payments Fees and Jackpot games contribution cost. The affiliate commission is calculate on the basis of GGR – Bonus Costs – Admin Fee. For the markets where tax and/or VAT is applicable, the tax will be deducted from player Gross Gaming Revenue (GGR)”

“Affiliate” or “you” or ’’member’’ means yourself, however organized, whether as a private individual or legal entity, who has registered and been accepted by Magicporo Ltd as an Affiliate participating in Magicporo Ltd’s  Affiliate Programme.

“Affiliate Account” means an account in the name of the Affiliate.

“Affiliate Link/s” means any internet hyperlinks used by the Affiliate to link from the Affiliate Website/s or any other third-party website to the Websites.

“Affiliate Network” means an individual and/or entity which You have a business relationship with and who operates for You with the intention of driving traffic to the Websites, or that You direct in  any appropriate manner to the Websites and who does not have an Affiliate Account directly with Magicporo Ltd but is connected to Your Affiliate Account.

“Affiliate Programme” is the Affiliate Programme operated by Magicporo Ltd  (hereinafter the “Company”) as the marketing and advertising service company for Eastpoint Operations B.V. (hereinafter the “Operator Company”) and its Brands .

“Affiliate Websites” means the websites maintained and operated or otherwise controlled (whether directly, or indirectly) by You on the world wide web or other marketing channels and/or refers potential customers through other online or offline channels.

“Agreement” means all the T&Cs set out in this document, the T&Cs of the Commission Structures applicable to all the different products, the General T&Cs of the Company, or any other rules and guidelines set by the Operator Company or its employees.

“Applicable data privacy laws” means all applicable data protection and privacy legislation in force from time to time, including without limitation Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), guidance and codes of practice issued by the relevant data protection authorities, and all other legislation and regulatory requirements in force from time to time  which are legally binding on either Party in relation to the processing of personal data under this Affiliate Agreement.

“Approved Marketing Material” any promotional materials, such as, but not limited to banners, text and/or any other online or offline material and any associated intellectual property rights which are either provided by the Company or is consented to by the Company and having regard to advertising standards and codes of conduct for UK, Canada, and other regions as the case may be.

“Chargeback” means the reversal of a payment made previously to by a Referred Player or the credit card-issuing bank or any other third-party payments solution provider. Chargebacks are considered as Fraud for the purposes of calculating net revenues.

“Commission” means the income the Affiliate earns based on the promotion of the Company’s products and services and based on figures set in this Agreement or otherwise agreed on, which document/s shall be construed as to be part of this Agreement.

“Company”, ‘’We’’, ‘’Us’’ means Magicporo Ltd, incorporated in Cyprus with registered company number ΗΕ 435042 having its registered address at 61 Lordou Vironos Street, Lumiel Building,  4th  floor, 6023 Larnaca, Cyprus

“Confidential Information” means any information of commercial or essential value relating to the use such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Websites, technology, marketing plans and manners of operation.

“CPA Deal” means a Cost Per Acquisitions deal whereby We pay You a predetermined amount for each Referred Player.

“Fraud” means any form of fraud committed by an Affiliate and/or a Referred Player, which in the Company’s sole opinion, is deliberately practiced by a Referred Player and/or an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to:

▪ Chargebacks;

▪ Bonus abuse by a Referred Player or group of Referred Players;

▪ Your (or a third party’s) encouragement to a Referred Player to abuse Our bonus offers;

▪ Collusion on the part of the Referred Player with any other Referred Player;

▪ Your (or a third party’s) offering or providing unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up;

▪ Dropping or stuffing cookies;

▪ A Referred Player holding multiple accounts.

“Fraud Costs” means the costs incurred (financial or otherwise) by the Company as a direct or indirect result of Fraud committed by You, Your employees, Sub-Affiliates, business partners, Referred Players, and/or third parties linked to Your Affiliate Account to whom You, as an Affiliate, have introduced.

‘’GGR’’ means gross gaming revenue and is determined as follows : the total of all Players’ wagers (excluding progressive Jackpot Contributions) actually received by the Operators generated on their Website/s less the total of all sums actually paid as winnings (excluding progressive Jackpot Wins) to Players.

“Intellectual Property” means any and all intellectual property rights associated with the Company or the Operator Company and any and all of the Brands, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, word marks, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.

“Merchant” is defined as any company that has contracted Magicporo Ltd to promote their Site(s) and or products.

“Net Revenue Share” means the amounts due to You in exchange for the provision of the services in accordance with the conditions of these T&Cs, calculated under the profit-share model, cost-per-acquisition-model, hybrid model or fixed-fee model as the case may be. Commissions are paid out as a percentage of the NET Revenue Share. Net revenue is calculated as:

Net Revenue = Bets – Wins – 28% Admin Fee (Game provider fees, payments fees, Chargebacks, Jackpot Contribution fees) – Taxes (where applicable) – Bonus costs. The Net Revenue Share percentage is determined by the amount of new depositing customers referred by the Affiliate within the month the commission is paid for. No Negative Carryover is allowed to be contributed towards this calculation.

“New Customer’’ or ’’ NDC’’ or ‘’referred player” means a new unique customer which has been referred to any the Operator’s Brands through any Affiliate’s websites, having made at least a minimum deposit set in Operator’s T&Cs (include link). This excludes Affiliates, family members, associates and their relative employees. It includes an individual who has, for the first time and in an appropriate manner, registered for an account with the Company directly through one of Your Affiliate Websites. For the avoidance of doubt, players which are already the Company’s customers shall not be considered “Referred Players”. By opening an account with Us, any Referred Player will become Our customer and must comply with all Our applicable rules, policies, terms and conditions and operating procedures.

“Operator’s Brands” or “Brands” this includes but is not limited to any of the websites owned and operated by the Operator Company under the following URLs or any of their variations: XXXXXX. This further includes without limitation to any and all of Our trademark applications and registrations, any taglines or marketing slogans as well as any other brands (registered or unregistered) owned by Us as may be indicated to You from time to time.

“Operator Company” means MAGICPORO LTD a private limited company organised and existing in Cyprus, company registration number HE 435042, having its registered office at LORDOU VYRONOS, 61, LUMIEL BUILDING, 4TH FLOOR, LARNACA, 6023 CYPRUS

“Sub-Affiliate/s” means an individual/corporate entity/organisation that You have a business relationship with and who operates for You with the intention of driving traffic to the Websites, or that You direct in any appropriate manner to the Websites.

“Spam” means any unwanted or unsolicited email or SMS or any other form of communication sent indiscriminately to one or more mailing lists, individuals, or newsgroups. This shall include not having appropriate opt-ins and/or opt-outs prior to the sending of such communication and the lack of maintaining records of the same.

“Us/ We/ Our” the Company, Operator Company and all related Brands.

“Website/s” means the URLs reflecting the Brands and/or any other website belonging to, operated by or associated with Us or Our Brands, and any other website as may be added by Us from time to time.

“Your” means pertaining to you, the Affiliate.

  • ENROLLMENT

To enroll please read this Agreement and then submit a complete Magicporo Ltd Member Account application to us via our Website. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

  • MEMBER AGREEMENT

During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by Magicporo Ltd on your site (the “Member site”) as a hyperlink to direct Visitors from the Member Site to the Merchant’s Sites, using distinct URLs supplied by Magicporo Ltd exclusively for linking (the “Supplied Banners”).The Merchant’s banners shall be displayed at least as prominently as any other sales link on the Member site, and if the Member displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Member site, the Member shall, subject to Magicporo Ltd prior written approval of the content thereof, include similar descriptive information regarding the Merchant’s Site(s). The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Member shall be entitled to display the banners of, and provide links to, sites of other companies through the Member site, and Magicporo Ltd shall be entitled to make the Merchant’s banners available through online and other services than the Member site.

  • DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL 

As a Member, you will have access through Magicporo Ltd site to a variety of graphic and textual links (each of these links sometimes being referred to herein as “Links” or, individual, as a “Link”.) Magicporo Ltd and the Merchant hereby grants to the Member the non-exclusive, non- transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly): Magicporo Ltd and the Merchant’s banners, name, site name, and other related textual and graphic material are made available by Magicporo Ltd and/or the Merchant to the Member for the express purpose of inclusion on the Member’s site from time to time (collectively, the “Merchant’s Material”) and for the specific purposes authorized above.

Magicporo Ltd and the Merchant authorize the Member to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Member. Magicporo Ltd and the Merchant also authorizes the Member to refer, in the Member’s advertising and promotions, to the fact that the Magicporo Ltd and Merchant’s sites are accessible through the Member site, provided that any such statement: (a) does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Magicporo Ltd or the Merchant other than Magicporo Ltd or the Merchant’s Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of Magicporo Ltd or the Merchant’s mark); (b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Merchant sponsors, authorizes, and/or is the source or origin of the Member site; and (c) does not disparage Magicporo Ltd or the Merchant, its products, services, or members. All use of the Magicporo Ltd or Merchant’s Materials hereunder shall inure to the benefit of the Merchant and shall not create any rights, title or interest in them for the Member. No other use of the Magicporo Ltd or Merchant’s names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Member for any purpose without the prior written approval of Magicporo Ltd or the Merchant.

Any use of Company’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in clause below.

You will not register domain names, brand keywords or other keywords 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 identical to any of the Company’s trademarks or otherwise include the Company trademarks. You will not target brand keywords -with PPC and any social content needs to be pre -approved from Us.

As between the Merchant and the Member, the Merchant owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Merchant’s Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.

  • MAINTAINING THE LINKS 

You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the Magicporo Ltd Site or the Merchant’s Site(s) as indicated by us. The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the Magicporo Ltd Site or the Merchant’s Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.

  • COMMUNICATION TO MEMBERS 

By signing up to Magicporo Ltd you agree to receive a variety of material from Magicporo Ltd. If you choose to opt out of our communications Magicporo Ltd and its Merchants will not be responsible for any damages that may occur from members opting out of communications.

  • SPAM – WE DO NOT CONDONE SPAM 

Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that our Merchants are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our Merchant seek recourse. In this instance the amount determined by the relative Merchant will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of Magicporo Ltd. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts. Any email campaigns being delivered by Affiliates need to be pre-approved by Us.

  • GOOD FAITH 

You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Magicporo Ltd or the Merchant harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Merchant’s site via your link; we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. You shall also refrain from ‘self- affiliating’ – i.e. you shall not use your own player account for the purposes of your services under this Agreement.

You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).

Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal 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 in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.

  • COMMISSION AND REFERRAL BONUS 

You shall be entitled to a commission as outlined in  this Agreement, clause 25 – Commission Structure.

  •  BONUS/ GIVEWAYS/ INCENTIVES

To maintain active affiliate status, affiliates are required to refer a minimum of five (5) new active players each calendar month. For the purposes of this agreement, a “new active player” is defined as a user who registers through your unique tracking link, makes the minimum qualifying deposit, and engages in real-money gameplay.

Failure to meet this requirement for a consecutive period of 6 months may result in a review of your account, suspension of affiliate benefits, or adjustment of commission rates at the company’s discretion.

This policy is intended to ensure that our affiliates maintain a consistent level of activity and engagement. Should you anticipate challenges in meeting this requirement, please contact our affiliate support team to discuss potential solutions or alternative arrangements.

To participate, you must be an active Member in good standing with Magicporo Ltd. Members participating in any reward program agree to be bound by the decisions of Magicporo Ltd, which will be final and binding in all respects. All interpretations of the Rules and decisions by Magicporo Ltd are final. Magicporo Ltd reserves the right to terminate any and all Member Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Magicporo Ltd control. Magicporo Ltd reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the Member.

All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prize-winner. Acceptance of a prize constitutes permission for Magicporo Ltd and its advertising and promotional agencies to use the recipients name, photograph and/or likeness for advertising and promoting and publicizing the services of Magicporo Ltd in any medium without compensation, unless otherwise prohibited by law. Members release and hold harmless Magicporo Ltd and their Merchants and their respective members, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to Member’s or any other person’s computer.

  • CONFIDENTIAL INFORMATION 

As used herein, “Confidential Information” shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party: (a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or (b) may receive hereunder from the other. Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall: (i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care; (ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and (iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.

The foregoing restrictions shall not apply to information that: (a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient; (b) the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;(c) is received from a third party without restriction and without breach of this Agreement; (d) was independently developed by the recipient as evidenced by its records; and (e) the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.

The termination of this section 4 shall survive the termination of this Agreement.

  • LIABILITY 

The Member acknowledges that Magicporo Ltd does not advocate or endorse the purchase or the use of any services offered by the Merchant through the Merchant’s sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Merchant represents and warrants that: (a) The Merchant has the right to enter into this Agreement and to grant the rights and licenses granted herein; and (b) The Merchant’s software, and the reproduction, distribution, transmission, public performance and public display of the Merchant’s Material in connection with the Member site, do not: (i) invade the right of privacy or publicity of any third person; or (ii) contain any libellous, obscene, indecent or otherwise unlawful material. The Member represents and warrants that: a. the Member has the right to enter into this Agreement; b. the Member site does not, and the reproduction, distribution, transmission, public performance and public display of the Member Materials as permitted herein, do not: (i) invade the right of privacy or publicity of any third person, (ii) contain any libelous, obscene, indecent or otherwise unlawful material, or (iii) infringe any patent, copyright or trademark right in any jurisdiction; and c. the Member has received no notice of such invasion, violation or infringement of rights.

  • TERM AND TERMINATION 

The term of this Agreement will begin when you download a banner and link it to our site or the Merchant’s Site(s) 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 may be terminated immediately.

  • TERMINATION IS AT WILL, FOR ANY 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 the Magicporo Ltd or Merchant’s banner/s from your site and disable any links from your site to theirs and ours.

* All rights and licenses given to you in this Agreement shall immediately terminate. * You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.

* If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.

* We may withhold your final payment for a reasonable time but in no case longer than 3 months to ensure that the correct amount is paid. Final payment will be paid within 3 months of terminatioon so as to allow for reconciliations and completions to be finite.

* If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

* 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 any trade names, trademarks, service marks, logos and other designations of our Merchants.

* You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations, which by their nature are designed to survive termination, as, set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.

Magicporo Ltd may from time to time review affiliates’ participation in the program. Magicporo Ltd may choose to cancel an affiliate’s participation in the program, at its absolute discretion, if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program.

Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

  • RISK ALLOCATION

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party’s rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind — including lost revenue or profits, loss of business, or loss of data — arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

  • ACKNOWLEDGEMENT OF NO WARRANTY 

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

  • ASSIGNMENT 

Except as otherwise provided herein, neither Magicporo Ltd nor the Member may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent should be null and void.

  • GOVERNING LAW 

This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and the internal substantive laws of Isle of Man thereto shall determine all questions with respect.

SINGLE ACCOUNT 

The Member agrees to operate a single Member site with the Merchant’s Site(s). If Magicporo Ltd should discover, using information it deems appropriate in the circumstances, that the Member is operating more than one Member account, this Agreement shall terminate and the Member will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the Magicporo Ltd Members Program, MUST be reported by the Member and cleared by the Magicporo Ltd Support Team beforehand, and failure to do so may result in the termination of the Member’s account. The Member will also forfeit all rights to commissions and referral bonuses. In the case of an outright sale of Your business of transfer of ownership of a minimum of 51%, howsoever formulated, You agree to notify Us at least one month in advance, upon which notice we will inform you if We will agree to the continuation of the Agreement by the new owners or if they will be required to sign up again or make other arrangements according to the case.

  • INDEPENDENT CONTRACTORS 

Magicporo Ltd and the Member are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between Magicporo Ltd and the Member. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.

  • DISCLAIMER 

It is the Member’s responsibility to declare taxes from their Member’s profits, according to their country’s regulations. It is the merchant’s responsibility to pay its members and Magicporo Ltd will not be held responsible for the actions of its merchants in regards to the payment of its members.

Magicporo Ltd is also not responsible for the way cookies are tracked on the Merchants site or on the member’s site. The maintenance of the cookie/tracking code is the responsibility of the Merchant. Magicporo Ltd is strictly housing software that displays the results of the tracking for its members.

  • WAIVER 

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  • MODIFICATIONS 

Magicporo Ltd may, at any time, modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at: http://wwww.xxxx.com or at another site it chooses, and by notifying the Member of the modifications via email notice. Modifications may include, for example, changes in the company,  changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

  • COMMISSION STRUCTURE

The following shall apply until further notice :

NDC/month – Affiliate’s Commission

  • 0-5 NDC – 25% of NGR
  • 6-10 NDC – 30% of NGR
  • 11-20 NDC – 35% of NGR
  • 21-40 NDC – 40% of NGR
  • 41+ – 45% of NGR

 

  • BIG WINNER POLICY

If a player accumulates winnings of €20,000 more during a calendar month, it will be classified as a “Big Winner” and governed by this section.

The Big Winner’s revenue will be separated from the overall Affiliate player pool. Any negative revenue generated by the Big Winner will not impact the commissions derived from other players during that calendar month. Instead, the negative balance associated with the Big Winner will be carried forward and offset against the future revenue generated by the same player, for a maximum of 12 months.

The negative balance of a Big Winner will be offset by any future positive revenue generated by the same player. Once the negative balance is fully recovered within the 12-month period, the Big Winner will rejoin the general Affiliate player pool and contribute to commissions as usual.

If the negative balance remains after 12 months, it will no longer be considered in commission calculations, and no further adjustments will be applied.

The Affiliate will be informed of any Big Winner by no later than 7 working days into the following month. Details of the negative balance will be accessible via the Affiliate platform or provided through monthly reports from the Company.

Each instance of a Big Winner will be treated as a separate occurrence, with its own balance tracking.

Progressive jackpot winnings are excluded from the Big Winner category, as payouts for such wins are sourced from a separate progressive funds pool

  • PAYMENTS

The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 10th of the following calendar month. A minimum amount of €20 (twenty euro) may be withdrawn from one time.

The Affiliate is solely responsible for issuing invoices for the commission earned, ensuring they are submitted accurately and on a monthly basis. Any commission not invoiced within six months from the date it was earned may be forfeited at our discretion.

If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

Within affiliate program of Moonrocket affiliates can withdraw their commission funds using the following payment methods:

Ecopay
Skrill
Neteller
Crypto payments