Bogap Members Agreement
Bogap Affiliate Program SERVICE AGREEMENT. To be a member
of the Bogap affiliate program you agree to abide by the
terms and conditions contained in this Service Agreement. Please read
this agreement carefully before registering and using the
Bogap affiliate program service. By completing the sign up
page and using the Bogap affiliate program service you
indicate your acceptance of this Agreement and its terms and
conditions. If you do not accept this Agreement, do not use the
Bogap affiliate program service.
This Service Membership Agreement (the "Agreement") is made by and between Bravo Storm S.A. (operator of www.Bogap.com) and you, as user of the Bogap service ("You" or "Member"). THE SERVICE SUMMARIZED BRAVO STORM S.A. has developed and operates a service called Bogap.com (the "Service") that allows Web sites to run and/or participate in affiliate partner programs. As a user of the Bogap affiliate program you will be establishing affiliate-partnering arrangements with third party members. In return, we will pay commission on the net revenues generated by players you recruit to www.Bogap.com website, or other brands that may be introduced from time to time. Bogap will provide email (email@example.com) support for the service. DEFINITIONS "Affiliate Partner" ('Partner') means a company or individual that is rewarded by Bogap for generating revenue for placing Bogap hyper links on its and/or associated web sites.
"Casino Net Win" means player wagering minus player winnings (including accrued progressive jackpot). E.g. if a player wagers $100 and wins back $90, Casino Net Win is $10.
"Chargeback" means an invalid, fraudulent or disputed card or debit payment including but not limited to where the card company or the paying bank has claimed payment back from us, or where the customer claims payment back because or non-performance; Chargebacks are deducted in the month they are charged.
"Commission Fees" means amount paid by Bogap to affiliate partner.
"Free player bonus" means an amount of money given to players by Bogap for free (Usually upon sign-up). Free Player Bonuses may also be distributed as rewards to high spending players or as marketing/ promotional tools.
"Link" means a hyperlink placed on an Affiliate Partner's site that, when clicked on, serves a 'Brand's Web page to the user's browser. The Affiliate may be in the form of text, a button, a banner or any other acceptable Affiliate format.
"Brand" means a Web site that rewards Affiliate Partners for generating net revenue on their sites.
'Net Revenue' means the sum of money remaining once 'Card processing fees'; 'Free player bonuses' and 'Chargebacks' have been deducted from 'Casino Net Win'.
"Valid Click" means a click from an Affiliate Partner's site to a Brand site that results in the Brand Web page being viewable to the visitor. A click is deemed valid by the Bogap system when it meets certain criteria as defined on the Web site or in this agreement, and which may change from time to time.
"Visitor" means any person, web surfer or user that clicks on an Affiliate Partner's link to view a Brand's web page.
"Real New Players" A "Real New Player" shall mean an Internet user who accesses the Casino Site directly through a Link, opens a new user account and makes the required minimum deposit of €50 in such account, and plays on the Casino Site. Neither you nor your relatives are eligible to become Real New Players and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling. The number of Real New Players per individual household computer is strictly limited to one.
1.1 COMMISSION FEES The established commission scheme unless otherwise agreed upon by Bravo Storm S.A. is as follows. These following changes are not retroactive. New affiliates who have registered after January 1st, 2013 will have the following base commissions.
CASINO NET REVENUE SHARE
CASINO NET REVENUE PER MONTH % OF NET REVENUE
0 - to Unlimited Amount: Btc ----------------------- 35%
For those affiliates who have commission levels that vary from the above levels periodic evaluations will be performed. If these periodic evaluations determine the affiliate is engaged in activities such as collusion or any other suspect behavior not deemed in "good faith" may result in the affiliate having their commissions levels reset to the base line commissions or expulsion from the Bogap affiliate program.
Affiliates commission fees will be a percentage of the 'Net Revenue'. Bogap pays a commission fee on net revenue generated by the affiliate.
Due to the nature of crypto currency, and associated collusion risk. There is a negative carry over.
1.1.2 HIGH ROLLER POLICY
A "High Roller" is considered a player who generates a negative net revenue of more than €1000 in one payment period. If an affiliate has negative total revenue for a payment period the negative balance is not carried over to the following month. All players who meet the "High Roller" criteria will have future revenues generated from that player subtracted until the total revenue for that player reaches zero in the consecutive months.
1.2 COMMISSION PAYMENTS
Commission payments and fees affiliates are paid by Bravo Storm S.A. by the 10th of the month once the balance earned reaches the minimum threshold for the desired payment method:
(1) Bitcoin: No minimum
Affiliate balances that are under the defined minimum threshold will be carried over to the
next month. You can receive your payment via Bitcoin. Money credited to your account does not
accrue interest. Wire transfer payments will be subject
to a fee of 50 Euros. Bitcoin payments will be subject
to a fee of 4%. In the event that an affiliate enters incorrect
bank details and the payment not completed, the affiliate will have the
bank charges associated with this error deducted from their commission
earnings. Bogap reserves the right to withhold affiliate
payments which they deem to of a suspicious nature. By suspicious we
mean the following: if Bogap determines, or suspects, that
a transaction is suspicious and involves or may involve financial crime
or similar activity, Bogap reserves the right to retain
the amount of that transaction and any other transaction made by you.
3.2 THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Bogap: Those that are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights. You agree that you have read the documentation for the Service and understand its features and rules. As part of the registration process, you will select an email and password combination that you use to access your Member area within the Service. You shall provide Bogap with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive Members or other users as to your true identity. You agree that Bogap may rely on any data, notice, instruction or request furnished to Bogap by you that is reasonably believed by Bogap to be genuine and to have been sent or presented by a person reasonably believed by Bogap to be authorized to act on your behalf. You shall notify Bogap by e-mail at firstname.lastname@example.org of any known or suspected unauthorized uses of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account by a third party authorized by you to use your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Bogap and commission to the appropriate authorities in the relevant country.
3.3 Affiliates are not permitted to offer or share any affiliate revenues earned with other parties. This includes players, private clubs, independent operators, and any other persons deemed unacceptable by Bogap. All offline promotion of Bogap must be approved in advance by the Bogap affiliate management in writing or commissions may not be paid.
3.4 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 Bogap is liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should we seek recourse. In this instance the amount determined 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 Bogap. 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.
3.5 The Affiliate may not purchase or register keywords, search terms or other unique identifiers that infringe on the intellectual property rights of the brands. Trademarks as well as other variations in the domain name of the listed brands.
E-MAILING TO YOUR OPT-IN BULK LISTS If you use Bogap Promotional content to e-mail to your opt in e-mail lists then you must adhere to the following:
1. I agree to clearly display an unsubscribe feature at the bottom of the email (clearly detailing methods to unsubscribe from your mailing list).
2. I agree to clearly include my SITE/COMPANY HEADER in the mail (incorporating site name and logo).
3. I agree not to send any Bogap offers in the form of emails to people under the age of 18.
4. I agree not to send any Bogap offers in the form of emails to people who have not willingly entered their email address on my site/s to receive promotional material.
5. Members will be responsible for any legal fees that arise out of using these mailers. 6. Bogap and Income Access do not tolerate Spam - any affiliate reported for abuse will be removed from the affiliate program.
4 .1 ACCEPTED USE OF THE SERVICE You represent to Bogap that all content you provide to the Service is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. As a Member, Links may not be placed in newsgroups or unsolicited e-mail, Any Link placed must be done so in such a way that it is not misleading to any Visitor and done so with the intention of delivering Valid Clicks to the related Bogap for that Link. Bogap reserves the right to deem any site inappropriate and may terminate the site immediately as an Affiliate Partner member of Bogap. If you are terminated from the Service, Bogap has the right to withhold money you earned within the Service.
4.2 LIMITED WARRANTY The Service, its use and the results of such use are provided "as is." To the fullest extent permissible pursuant to applicable law, Bogap disclaims all warranties express or implied, including, but not limited to, implied warranties of Bogap ability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, Bogap specifically disclaims any warranty (A) that the service will be uninterrupted or error-free, (B) that defects will be corrected, (C) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (E) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you
4.3 LIMITATION OF LIABILITY Bogap or its suppliers or resellers shall not be liable to you or any other person for (I) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the Bogap service or any information provided on the Bogap web site or any other hyper linked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Bogap or a Bogap authorized representative has been advised of the possibility of such damages or (II) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyper linked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, Bogap liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy. You agree that Bogap is the neutral host of the Service and has no responsibility or liability in relation to the arrangements that you enter into with Bogap as part of your use of the Service. Bogap and Affiliate Partners jointly and severally agree to indemnify, defend, and hold harmless Bogap and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitor's fees) directly or indirectly arising from or relating to any Offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
4.4 LICENCE TO USE MARKS Bogap hereby grants to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Bogap intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license 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 license to use the banners. 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 or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
5 CONFIDENTIAL INFORMATION During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Bogap and/or the Profit Sharing Program (including, for example, commission fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
6 COMMERCIAL USE ONLY This Marketing opportunity is for commercial use only, and you, your family members, friends; associates may not make purchases, directly or indirectly, through your tracker for your own personal use or to fraudulently increase the commission fees payables to you.
7 GOOD FAITH Affiliates 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 due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold commission fees with respect to such traffic.
8.1 TERM AND TERMINATION NOTICE PERIOD This Agreement shall remain in effect until terminated. Bogap or you may terminate this agreement for any reason or no reason upon five (5) days prior e-mail registered or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination, you shall no longer be entitled to use the Service.
8.2 UPON TERMINATION Affiliates must remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. Bogap will pay your final commission for your last calendar month. You will not be entitled to new commission fees with respect to play occurring after the date of termination over the following 6 months. If you have failed to fulfill your obligations and responsibilities, we will not pay you the commission fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
9 RELATIONSHIP OF THE PARTIES You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 reasonably would contradict anything in this paragraph.
10.1 INDEMNITY You shall defend, indemnify, and hold Bogap, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement 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 unauthorized use of our banners and links or this Profit Sharing Program.
10.2 NONASSIGNABILITY Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Bogap may assign this Agreement to any successor, affiliate or assign.
10.3 FORCE MAJEURE Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
10.4 GOVERNING LAW This Agreement, its interpretation, performance or any breach thereof shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of Costa Rica.
11 INDEPENDANT INVESTIGATION 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 commissions on terms that may differ from those contained in this agreement or operate or contract with web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in this profit sharing program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
12 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 modification, additions, deletions or interlineations of this agreement are permitted or will be recognized by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
13 CHANGES TO THE SERVICE Bogap reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. Members may either agree to such changes or withdraw from the service. Minor and major changes will be displayed in the current terms and conditions in CAPITAL letters for a period of 4 weeks.
* Any changes to commission percentages, net revenue related definitions or payment timings are deemed major changes.
* Members are free to terminate their relationship if they disagree with any changes.
* We advise our members to check the terms and conditions for changes at least once every 4 weeks.