Welcome to the Evo.io Affiliate Programme (the “Programme”), an affiliate programme operated by Monarch Innovative Labs. (“Evo.io,” also referred to in these Affiliate Terms as “we” or “us”).
These Affiliate Terms are a binding contract between you and Evo.io, which governs your participation in the Programme. By participating in the Programme, you agree to be bound by the most current version of these Affiliate Terms, which we may amend from time to time.
It is your responsibility to ensure that you are familiar with the most current version of these Affiliate Terms, and your continued participation in the Programme after we post an updated version of these Affiliate Terms shall constitute your express agreement to be bound by the updated Affiliate Terms. In the event you do not agree with the updated Affiliate Terms, your only recourse shall be to terminate your participation in the Programme.
If you have any questions or concerns about these Affiliate Terms or the Programme, please send an email to: affiliates@Evo.io.
- Joining the Programme
- Your Use of Evo.io’s Marketing Materials
- Customer Tracking and Reports
- Your Obligations
- Direct Marketing
- Legal Compliance
- Evo.io’s Intellectual Property Rights
- Your Warranties
- Restricted Territories
- Revenue Share Payments
- Cost Per Acquisition (CPA) Payments
- Hybrid Payments
- General Commission Terms
- Payment Terms
- Negative Carry-Over
- Affiliate Networks
- Ownership of Customer Data
- Sub-Affiliates
- Restriction on Activities by Related Persons/Entities
- Account Security
- Confidentiality
- Money Laundering; Anti-Bribery
- Indemnity
- Disclaimer of Warranty
- Limitation of Liability
- Term and Termination
- Notices
- Sale of Your Business
- Relationship of Parties
- Non-Solicitation
- Data Protection
- Miscellaneous
In these Affiliate Terms, the following words and expressions shall have the following meanings:
Affiliate: A natural or juristic person who has registered and is accepted by us as a member of the Programme. Where the context requires, these Affiliate Terms occasionally refer to the Affiliate as “you.”
Affiliate Site(s): A website (including any WAP, mobile or tablet version of the website), a social media page and/or blog which is owned or operated by an Affiliate and used for the purposes of generating online traffic and referrals to Evo.io in accordance with these Affiliate Terms.
Affiliate Tracking Link: a unique tracking URL that we provide to each respective Affiliate for the term of these Affiliate Terms, through which we shall track New Customers and calculate Affiliates’ commission.
Applicable Taxes: Any taxation, levy, or similar mandatory payment (including gaming taxes and value-added taxes) levied or charged on revenue, turnover, deposit, or similar activity driven by New Customer activity or activity volume.
Approved Marketing Activities: Any lawful marketing activity conducted in compliance with these Affiliate Terms which has been approved in writing by an authorized Evo.io representative.
Evo.io Marks: Any trademark owned by Evo.io or Monarch Innovative Labs.
Evo.io Site(s): Any Evo.io operated website with which Evo.io makes Marketing Materials available to Affiliates through the Programme for the purpose of the Affiliate performing affiliate marketing services in accordance with these Affiliate Terms.
Chargeback: Where a New Customer, a credit card issuing bank, or any other third-party payment solution provider affects a reversal of charges in relation to a credit card or purchase transaction.
Confidential Information: Any information of whatever nature which has been, or may be, provided by Evo.io in connection with the Programme, whether oral, in writing, or in electronic form, including, without limitation, business or financial data, know-how, processes, reports, customer lists, price lists, Commission payment reports, and any other materials containing, reflecting, or generated from any such information.
Commission: The commission earned in connection with the affiliate marketing activities performed in accordance with these Affiliate Terms.
Deductible Costs: Any third-party costs incurred by Evo.io in connection with the operation of the Evo.io Sites that are attributable to the activity of any New Customer(s), including but not limited to payment processing charges, license fees, software royalties, and other applicable third-party payments.
Fraudulent Activity: A deceptive act or omission which is, in the sole discretion of Evo.io, performed in order to secure for the Affiliate or any third party a real or potential, unfair or unlawful advantage; or any conduct that Evo.io, in its sole discretion, determines to be, fraudulent, deceptive or dishonest, which shall include, but shall not be limited to promotion abuse, system manipulation, fraudulent credit card transactions, Chargebacks, Match Betting/Arbitrage Betting, unauthorised use of third-party accounts, false or automated account creation and any collusion or cheating, or facilitation thereof, by an Affiliate or a New Customer.
Fraud Costs: Any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity.
Gross Win: Total revenue generated by Evo.io from settled bets placed by referred New Customers, less pay-outs.
Inactive Affiliate: An Affiliate who has: (i) not logged into its account with the Evo.io Affiliate Programme Portal for ninety (90) consecutive days; or (ii) not generated a minimum of two (2) New Customers in any three (3) consecutive calendar months.
Incentivized Traffic: Traffic or New Customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to, any Evo.io Site, including but not limited to registering a new account, depositing or wagering.
Intellectual Property: Trademarks, service marks, trade names, logos, designations, copyrights, trade secrets, patents and any other proprietary rights owned by or licensed to Evo.io.
Marketing Material: Banners, URLs, text, graphics, and/or other promotional materials made available through the Programme Portal for marketing purposes.
Match Betting/Arbitrage Betting: Any method of betting or wagering intended to give players a guaranteed win with no risk, including, but not limited to, the use of free bets.
Net Revenue: Gross Win, less bonuses awarded, less Non-Cash items, less Fraudulent Activity, less Deductible Costs and Applicable Taxes.
New Customer: A natural person who is at least 18 years old or being the age of legal consent for engaging with Evo.io under the laws of the jurisdiction in which you are located, whichever is the higher, that the Affiliate directs to Evo.io who:
(a) is referred directly from your Affiliate Site(s) through the Marketing Material to the Evo.io Site(s), which is linked to the Affiliate’s Account by the Affiliate Tracking link;
(b) is eligible to open an account and successfully opens such on a Evo.io Site in accordance with the Site’s applicable terms and conditions;
(c) has not had a previous account on any Evo.io Site(s);
(d) has passed all checks and verifications in relation to applicable law and regulation and all other due diligence enquiries the Evo.io Site(s) may have;
(e) has made a first real money deposit with the Evo.io Site(s), and such person has not made a chargeback with respect to any of their deposits with such Evo.io Site(s); and
(f) is not the Affiliate, its employees, relatives, friends and/or has shared IP addresses
Non-Cash Items: Value of free credits handed out to New Customers or any other direct costs incurred to maintain the loyalty of a New Customer.
Programme Portal: The website used by Evo.io to manage the Programme is currently located at http://partners.Evo.io.com/.
Progressive Contributions: The percentage of revenue generated on any progressive game that is paid by Evo.io into a progressive pool.
Prohibited Site: Any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited.
Second-tier Affiliate: A natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate and who is linked to your Affiliate account.
Spam: Unsolicited e-mail, SMS or other communication sent indiscriminately to one or more mailing lists, individuals, forum or newsgroups.
Unsuitable Site: Any website, forum, social media platform or other communications medium, regardless of type, which is: aimed at children; intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of intellectual property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behaviour or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which Evo.io believes, in its sole discretion, may bring Evo.io or its affiliated companies and brands into disrepute, or which may prejudice the interests of Evo.io or its affiliated companies and brands.
1. JOINING THE PROGRAMME
1.1 If you are not already registered as a Evo.io Affiliate and wish to participate in the Programme, you must first submit a completed application on the Evo.io Affiliate Programme Portal located at: http://partners.Evo.io /registration.asp. By submitting an application, you hereby represent and warrant that:
1.1.1 The information provided in your Affiliate application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct.
1.1.2 You have not already registered as an Affiliate (only one Affiliate account is permitted per person, unless Evo.io expressly approves additional Affiliate accounts in writing);
1.1.3 You are at least 18 years of age, legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual or other restriction against your participation in the Programme in accordance with these Affiliate Terms; and
1.1.4 In the event that you are registering on behalf of a company, that you have the full right, power and authority to enter into these Affiliate Terms on behalf of the company.
1.2. Within a reasonable time after we receive your completed application, we shall evaluate and confirm the status of your application. All decisions are final and are in Evo.io’s sole discretion.
1.3. You undertake, that if there should, at any time during your participation in the Programme, occur any event which may cause any of the above warranties to become false, or which may prevent you from wholly fulfilling your obligations in accordance with these Affiliate Terms, you shall promptly notify your Evo.io affiliate account representative, and Evo.io shall be entitled to terminate your participation in the Programme immediately, without the requirement to make any further payments to you.
2. YOUR USE OF Evo.io’S MARKETING MATERIALS
2.1. In the event that you are accepted as an Affiliate into the Programme, Evo.io shall, during the course of your participation in the Programme and subject to your compliance with these Affiliate Terms, grant you a non-exclusive, non-transferable, revocable, limited right and license to distribute the Marketing Materials on your Affiliate Website for the sole purpose of referring New Customers to Evo.io Sites in return for Commissions. You may not use or distribute the Marketing Materials for any other purpose unless you have received our express written approval to conduct Approved Marketing Activities, which we may approve or reject in our sole discretion.
2.2. All Marketing Materials shall be made available to you through the Evo.io Affiliate Programme Portal and may be updated by us from time to time. You undertake and agree that you shall only use the current versions of the Marketing Material and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Programme Portal. It is your responsibility to check the Programme Portal for updated Marketing Material on a regular basis.
2.3 You undertake and agree that you will not modify any of the Marketing Material which is made available to you and that you will not, without our specific written approval, market or promote Evo.io using any promotional materials not provided or approved in writing by Evo.io.
2.4 If Evo.io designates any Marketing Materials as subject to particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree to only use the Marketing Materials in accordance with such designated restrictions.
2.5 Your marketing activities shall strictly comply with the Evo.io Affiliate Marketing Rules, which set out additional standards, restrictions and guidelines applicable to marketing activities in connection with the Programme and form an integral part of these Affiliate Terms (the “Evo.io Affiliate Marketing Rules”). Evo.io operates a “1 strike policy”, and any breach of the Evo.io Affiliate Marketing Rules shall result in your immediate termination from the Programme (without derogating from any other remedy available to Evo.io pursuant to these Affiliate Terms or the applicable law).
3. NEW CUSTOMER TRACKING AND REPORTS
3.1. You are responsible for ensuring that all referred customers are properly tagged with your Affiliate Tracking Link. You will not receive credit for New Customers who are not properly tagged or who we are unable to otherwise properly associate with your Affiliate Tracking Link.
3.2. We shall track all New Customer activity relevant to the calculation of your Affiliate Commissions. You agree that our statistics and calculations in relation to the tracking of New Customer activity and the calculation of your Affiliate Commission shall be final.
3.3. We will provide you with online access to reports of New Customer Activity through the Programme Portal. The form, content and frequency of our reporting may vary from time to time at our sole discretion. Generally, “impressions”, “clicks”, “daily registrations”, “deposits” and all other New Customer KPIs are updated every few minutes.
4. YOUR OBLIGATIONS
4.1. As a condition of your participation in the Affiliate Programme, you undertake, warrant and agree that all use of the Marketing Materials and all activities undertaken in connection with the Affiliate Programme shall be lawful and in strict accordance with these Affiliate Terms and any Special Terms (as defined below) set out in the Programme Portal.
4.2. As a condition of your participation in the Affiliate Programme, you further undertake, warrant and agree that you shall not conduct any activities in connection with any Unsuitable Site or any Prohibited Site.
4.3. You agree to use your best efforts to market and promote the Evo.io Sites in a manner consistent with good business ethics and in good faith towards Evo.io.
4.4. You acknowledge that your promotion of the Evo.io Sites has the potential to inflict substantial damage to Evo.io, the Evo.io Sites, and Evo.io’s reputation and goodwill, and that you shall at all times act in a manner that will not harm Evo.io’s reputation and goodwill.
4.5. You shall not: (a) undertake any action which may have a detrimental impact on the ability of Evo.io to be qualified for or to hold or maintain any licence, permit or approval granted, or to be granted, by any competent authority, or (b) undertake any action which could reasonably be construed as bringing Evo.io into Material Disrepute, where “Material Disrepute” means any condition which could reasonably and objectively be seen to create a material negative perception of the integrity of Evo.io, the Evo.io Sites or the Programme.
4.6. We prohibit any Affiliate activity in connection with any content or material which contains: (a) the intellectual property of others for which the Affiliate is not properly licensed to use; (b) information that is unlawful, harmful, threatening, obscene, discriminatory, scandalous, fraudulent or offensive; (c) any information that may subject Evo.io to any cause of action, in law, equity or otherwise; or (d) any information which Evo.io, in its sole discretion, determines to be objectionable, harmful, in bad taste, or potentially damaging to the interests and goodwill of Evo.io or the Programme.
4.7. Your activities must not involve any marketing or promotional activity that may have the potential to deceive, confuse, or mislead users or that may infringe on any third-party rights, including the rights of privacy, publicity, or Intellectual Property rights. You shall ensure that the Marketing Materials are displayed only in connection with websites and materials that are lawful, proper, professional, and tasteful.
4.8. Your Affiliate Site(s) must not copy the look and feel of the Evo.io Sites or have the potential to cause the impression that any sites or landing pages used by you are owned, operated or affiliated with Evo.io or any of its associated brands. You are not entitled to present any Evo.io Marks, logos, graphics or other Evo.io materials on your Affiliate Site or marketing materials other than the Marketing Materials provided to you by Evo.io through the Programme.
4.9 Evo.io reserves the right to demand the immediate takedown or modification of any materials that you distribute or to demand the cessation of any or all marketing activity in connection with the Programme or Evo.io at any time and in Evo.io’s sole discretion. You agree that we are entitled to review your affiliate marketing activities from time to time and that we may approve/reject marketing methods and Affiliate Sites used by you in our sole discretion. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by Evo.io in this regard.
4.10 If requested by Evo.io, you undertake and agree to provide Evo.io with all such information and documentation as we may reasonably require to verify your compliance with these Affiliate Terms, or which we may require for our regulatory or legal purposes.
4.11 You agree that you shall neither offer nor provide incentives (financial or otherwise) to any potential New Customer without the prior written approval of Evo.io, excluding the standard promotional programs which Evo.io may make available to you from time to time through the Programme.
4.12 You will not knowingly benefit from known or suspected activity not performed in good faith (or alternatively, performed in bad faith), whether or not such activity actually causes damage to Evo.io.
4.13 You may not be a party (whether directly or indirectly) to any illegal activity or Fraudulent Activity in connection with your participation in the Programme.
4.14 You undertake and agree to maintain complete records, during and for a period of two years after the termination or expiration of your participation in the Programme, regarding your activity in the Programme and any marketing or promotional activity undertaken in furtherance thereof.
4.15 You acknowledge and agree that in performing your obligations under these Affiliate Terms, you are strictly prohibited from marketing and promoting the Evo.io Sites to residents of the Prohibited Territories and you shall exercise all possible technical and operational measures to prevent marketing to residents of the Prohibited Territories.
4.16 You acknowledge and agree that it is your responsibility to keep your Affiliate details (including all Commission payment details), as registered in the Evo.io Affiliate Programme Portal, correct and up to date.
4.17 You acknowledge and agree that any breach of the aforementioned obligations shall be deemed a material breach of these Affiliate Terms resulting in your immediate termination from the Programme.
4.18 Unless you have received our prior written consent (which is at our sole discretion), you must not promote the Evo.io Site(s) through purchasing media placements which includes without limitation using any advertising exchanges, programmatic networks or advertising networks. We may withdraw our written consent at any time, at our sole discretion, and in such event, for the avoidance of doubt this Section 4.18 shall immediately begin to apply.
4.19 Any Affiliate who has a mobile application must ensure that such mobile application’s name does not include any words or images identical or similar to any of our or any of our group companies trademarks or trade names from time to time, which includes but is not limited to “Evo.io” or any word similar to the name of the Evo.io Site(s) or any other sites or applications owned or operated by us or any of our group companies. Any Affiliate in breach of the foregoing hereby agrees that if requested by Evo.io it will immediately remove such mobile application from the relevant store or immediately remove such infringing words or images (with either such option being at Evo.io’s discretion) from the mobile application’s name. If you are in breach of the foregoing, we may suspend your participation in the Programme. In addition, we reserve the right to terminate these Affiliate Terms and your participation in the Programme as well as retain any unpaid Commissions and we and we will not be liable to pay any further Commission to you.
5. DIRECT MARKETING
5.1 You must never send any SMS communications or messages through WhatsApp, Telegram, signal or anything similar thereto regarding the Evo.io Site(s) or which uses the Marketing Material.
5.2 Subject to Section 5.1, you will not send any direct marketing communications (including, without limitation, email, etc.) relating to Evo.io, the Evo.io Sites or the Programme without explicit prior written approval from Evo.io (“DM Approval”). The DM Approval is at Evo.io’s sole discretion, and Evo.io may require the Affiliate to provide its intended list of recipients (“Recipient List”) to Evo.io for the purpose of Evo.io reviewing the proposed Recipient List against its self-excluded customers. The Affiliate hereby undertakes to follow Evo.io’s instructions relating to the removal of self-excluded customers from the Recipient List.
5.3 If Evo.io authorises you in accordance with section 5.2, you further warrant and represent that you will not send any marketing email or other communications relating to Evo.io, the Evo.io Sites, or the Programme to any person known to you as having entered into a self-exclusion agreement with any remote gambling operator.
5.4 The Affiliate undertakes that its direct marketing communications comply with all applicable data protection, privacy, and anti-spam legislation, laws, and regulations of The Office of the Data Protection Authority for the Bailiwick of Guernsey.
5.5 You will at all times comply with the requirements of the Data Protection (Bailiwick of Guernsey), Law, 2017 and all associated secondary legislation that reflect the Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR“) and associated legislation and regulation (“Data Protection Regulation“). Evo.io reserves the right to terminate these Affiliate Terms immediately without recourse for you, if you are in breach of this section.
5.6 Without derogating from the generality of section 5.5, you shall ensure that any direct marketing communications (if such were approved pursuant to section 5.2 above) are sent only after providing the recipients with any notice necessary as required under the Data Protection Regulations, and only to such persons who have explicitly given their consent to receive such communications. Such consent shall be recorded by you. Upon Evo.io’s request, you shall provide Evo.io with any and all records relating to the affirmative consent obtained by or on behalf of you, and the notices provided to the individuals.
5.7 You shall ensure that any and all marketing material sent by you, or on behalf of you, include a clear and conspicuous notice of the opportunity to opt-out of receiving future communications, in an easy manner. You shall comply with any request to opt-out or unsubscribe from receiving marketing communications, as soon as technically feasible, and in any event within no later than seven (7) days as of the receipt of such request.
5.8 If we incur any cost in connection with Spam sent by you or anyone on your behalf, these costs will be deducted from any Commissions due to you under these Affiliate Terms. Should our costs not be covered by the funds in your account we have the right to offset future Commission payments or pursue other alternative means for obtaining payment from you. Should your Affiliate account not be active, or otherwise not generating Commission payments, then we shall have the right to demand payment directly from you.
5.9 Should you have any questions regarding our Spam policy, or should you wish to report any incidences of Spam please contact us at affiliates@Evo.io.
6. LEGAL COMPLIANCE
6.1 Your activities shall comply with all applicable laws to online marketing; online advertising; and the marketing of online gambling sites. Further your activities shall generally adhere to industry best practices in these areas taking account of the Betting and Gaming Council Industry Code for Socially Responsible Advertising.
6.2 Any marketing activities undertaken by you, must also strictly comply with the Evo.io Affiliate Marketing Rules. Evo.io operates a “1 strike policy” and any breach of these rules and guidelines shall result in your immediate termination from the Programme.
6.3 Further, Evo.io’s total liability arising from these Affiliate Terms and the Affiliate Program will not exceed the total Affiliate commissions paid or payable to the Affiliate under this Agreement.
6.4 Nothing in these Affiliate Terms shall be construed to provide any rights, remedies or benefits to any person or entity not a party to these Affiliate Terms.
6.5 It is your obligation to familiarize yourself with the laws, regulations and codes of practice applicable to the activities you conduct in relation to your participation in the Programme. You are required to abide by any applicable laws, regulations and codes of practice applicable to those jurisdictions that you target, provided that in any event you shall also comply with the Evo.io Affiliate Marketing Rules.
7. Evo.io’S INTELLECTUAL PROPERTY RIGHTS
7.1 Evo.io and its licensors retain full and exclusive ownership of the Evo.io Sites, Evo.io Marks, Marketing Materials, any reports, documentation or materials provided in connection with the Programme, and any Intellectual Property rights, associated thereto. No right, title or interest in the foregoing is conveyed hereunder, except for a non-exclusive, revocable, limited license to distribute the Marketing Materials in accordance with these Affiliate Terms. Any rights that are not expressly granted herein are reserved by Evo.io and its licensors.
7.2 You acknowledge and agree that Evo.io’s Intellectual Property will at all times remain the property of Evo.io and its licensors. You further acknowledge that you have no claim or right of whatever nature in and to the aforesaid Intellectual Property, other than the limited rights conveyed herein.
7.3 You undertake and agree that you shall not assert the invalidity, unenforceability or contest the ownership of any of the Intellectual Property rights of Evo.io or its licensors in any action or proceeding whatsoever and shall not take any action that may prejudice Evo.io’s or its licensors’ rights in such Intellectual Property.
7.4 You undertake and agree that you will not register any domain name that includes, incorporates or consists of any Evo.io Mark or any domain name that is confusingly similar to the Evo.io Marks. You undertake and agree that you shall, upon request by Evo.io, promptly transfer ownership of any domain names registered in violation of these Affiliate Terms to Evo.io or any third party designated by Evo.io. This obligation shall survive the termination of these Affiliate Terms.
7.5 You undertake and agree that you shall not make any bid on any internet search engine using keywords including the Evo.io Marks or words that are confusingly similar to the Evo.io Marks.
8. YOUR WARRANTIES
8.1 By participating in the Programme, you represent, warrant and undertake that:
(a) your activities shall fully comply with these Affiliate Terms;
(b) you shall not solicit any potential customers by way of any offers except for the current offers made available through the Programme;
(c) you have the ability, experience, expertise and resources to perform all of your obligations hereunder in accordance with these Affiliate Terms;
(d) you understand and agree that the marketing activity undertaken by you in connection with the Programme and your conduct as an Affiliate has the potential to inflict substantial damage to Evo.io’s reputation and goodwill, and as a result, you shall at all times consider and act in the best interests of Evo.io and shall preserve the goodwill and reputation of Evo.io and Evo.io’s name;
(e) you shall not undertake any activities in violation of our Intellectual Property rights, including but not limited to: brand bidding, registering or using any domains with confusingly similar names to the Evo.io Marks, copying the “look and feel” of our sites or software, using any Evo.io Marks, branding or logos except as expressly permitted by these Affiliate Terms, or modifying any Marketing Materials we make available on the Programme Portal;
(f) you have evaluated the applicable laws relating to your activities and obligations hereunder, and you have independently concluded that you can participate in this Programme and fulfil your obligations hereunder without violating any applicable rule of law; and
(g) you will not knowingly benefit from known or suspected traffic not generated in good faith, or via Spam or in contravention of any applicable laws, whether or not it actually causes damage. This includes but is not limited to you registering customer accounts or playing under your own Affiliate tracking links and or any other Fraudulent Activity.
(h) you understand and agree that you will not create any New Customer accounts using your Affiliate Tracking Link unless Evo.io has expressly authorised the same in writing. Any such accounts will be tagged as test accounts in our back-end and any gambling activity conducted by them shall not generate Commissions towards your Affiliate account.
9. RESTRICTED TERRITORIES
9.1 By entering into these Affiliate Terms, you undertake that you will not market or promote the Evo.io Site(s) to any person located in or in the following jurisdictions Afghanistan, Canadian Provinces of New Brunswick and Ontario, China, Cuba, Central African Republic, Democratic Republic of Congo, Haiti, Iran, Iraq, Israel, Libya, Myanmar, North Korea, Russia, Somalia, South Sudan, Syria, UK, USA, Yemen, Venezuela (the “Prohibited Territories”), including, but not limited to, sending correspondence, the use of Marketing Materials, off-line advertising and direct marketing any traffic or customers emanating from domains or URLs based in any of these countries.
9.2 You understand and agree that you are not entitled to any Commissions or fees applicable to any activity related to the Prohibited Territories. You further agree that the list of Prohibited Territories may be updated from time to time, and in the event a territory is added to the list of Prohibited Territories, we shall be entitled to cease paying you any Commissions or fees applicable to New Customers from such territories.
10. REVENUE SHARE PAYMENTS
10.1 You are eligible to earn Commission payments in connection with gambling activity by New Customers referred by you, as further set out herein. You understand and agree that we may vary these Commission rates from time to time at our sole discretion.
10.2 You are only eligible to receive ongoing Commission payments during your participation in the Programme and only during the time you continue to refer New Customers in accordance with these Affiliate Terms. You will no longer receive Commission payments in the event your participation in the Programme is terminated for any reason.
10.3 You shall receive Revenue Share commissions based on the Net Revenue generated by the New Customers referred by you during the calendar month across all products as follows, staggered incrementally:
No. of New Customers – Revenue Share %
- Up to 10 – 20%
- 11 – 20 -25%
- 21 – 40 – 30%
- 41 – 50 – 35%
- 51 – 60 – 40%
- More than 60 – 45%
11. COST PER ACQUISITION (CPA) PAYMENTS
11.1 If you are entitled to receive a CPA payment under the terms of a written agreement between you and Evo.io, you will receive a one-time CPA payment to be established by Evo.io in its sole discretion (the “CPA Payment”) for every New Customer you refer who meets the following qualifications:
11.1.1 the customer meets the territory and age requirements to lawfully register an account on the Evo.io Site and participate in online gambling activity;
11.1.2 the customer successfully completes a first-time registration on the Evo.io Site and opens an account subject to the Evo.io Site’s terms and conditions; and
11.1.3 the customer deposits the minimum required amount and meets the minimum wagering activity requirements, as established by Evo.io and agreed expressly in writing.
11.2 Where a Chargeback is received against a New Customer, or issuance of a credit to a New Customer occurs, the Affiliate shall not be eligible for a CPA Payment in respect of that New Customer, and any CPA Payment previously made to you in respect of such New Customer will be deducted from future payments due to you.
12. HYBRID PAYMENTS
12.1 A hybrid payment structure combines Revenue Share and Cost Per Acquisition (CPA). It can be negotiated upon your acceptance to the Evo.io Affiliate Program.
13. GENERAL COMMISSION TERMS
13.1 We may conduct special promotions related to certain products, services, games, customer activity, special events, and other matters through the Programme Portal from time to time (“Special Promotions”) and in connection with same, establish certain additional terms, Commission rates, CPA pay-out rates, incentives, deposit and wagering requirements, or other additional terms and conditions (“Special Terms”). In the event you wish to participate in one of the Special Promotions, you understand and agree that such participation will be subject to the Special Terms, as applicable.
13.2 All payments due to you are based on our own statistics, records and calculations. All decisions made by us regarding the tracking, calculation or payment of your Commissions or other payments shall be made by us in our sole discretion.
13.3 We reserve the right to review all activity in connection with your participation in the Programme for possible Fraudulent Activity or activity which we believe in our sole discretion to be in bad faith or violation of these Affiliate Terms.
13.4 We do not pay for customers who have already registered an account at one of the Evo.io Sites. If the customer already exists in our system, or the system of any Evo.io Site, you are not eligible to receive any payments in respect of the customer.
13.5 We do not pay fees or commissions in connection with Match Betting, Arbitrage Betting or artificially generated traffic (including Bots).
13.6 Unless you have entered into a separate written agreement with us permitting such payments, we do not pay for incentivised traffic in any form.
13.7 You will not be entitled to any payment related to any customer activity and/or traffic that we deem, in our sole discretion, to be unlawful, abusive, not generated in good faith, or based on Fraudulent Activity.
13.8 We do not pay for any customer activity related to brand bidding or any activity which we consider to be a breach of our intellectual property rights.
13.9 We reserve the right to pass on any Fraud Costs to your account. These Fraud Costs shall be deducted from any payment owed to you. In the event that the Fraud Costs exceed the amount of payments owed to you, we reserve the right to collect such sums from you directly.
13.10 We reserve the right to refuse any potential New Customer, to close a customer’s account, or to take other action which we may deem necessary in order to preserve the integrity or safety of the Evo.io Sites. In the event that we refuse, suspend or close any customer’s account for any reason, you will not be entitled to earn Commissions in respect of those customer accounts.
13.11 Evo.io reserves the right from time to time, upon notice to you to convert the commission scheme by which you are paid (i.e. from Commission based on Net Revenue to a CPA Payment or from a CPA Payment to a Commission based on Net Revenue). Without derogating from the foregoing when converting the commission scheme by which you are paid, Evo.io shall set the amount of the CPA Payment and the percentage of Net Revenue which you are to receive (as applicable)
14. PAYMENT TERMS
14.1 You will only be paid your first affiliate Commissions payment once you have a balance of at least 100 EUR owing to you.
14.2.1 If you have selected wire transfer as your method of payment, you will only be paid by if the total amount owed is 50 EUR or more (or the local currency equivalent).
14.2.2 If you have selected Neteller or Skrill as your method of payment, you will only be paid by these e-wallets if the total amount owed is 10 EUR or more (or the local currency equivalent).
14.2.3 If you have selected Cryptocurrency as your method of payment, you will only be paid if the total amount owed is 100 EUR or more (or the local currency equivalent).
14.3 If you are eligible for an Affiliate Commissions payment, we shall process the fees earned by you in the previous calendar month by the fifteenth working day of the following month.
14.4 We shall not be liable to you in any amount whatsoever for late payments due to technical, third party or any other unforeseen events.
14.5 All payments will be made in the currency selected by you when your affiliate account is set up
14.6 You shall not change your payment details after the end of the calendar month in respect of which payment is being made.
14.7 You are responsible for the reporting and payment of any taxes, tariffs or other governmental fees, charges or levies applicable to any Commission payable to you in connection with your participation in the Programme. All amounts payable to you are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You undertake and agree to promptly reimburse Evo.io for any and all taxes or duties that Evo.io may be required to pay in connection with your participation in the Programme, except for taxes payable on Evo.io’s net income.
14.8 We reserve the right to change the fee payment schedules and methods of calculation at any time, in our sole discretion.
15. NEGATIVE CARRY-OVER
15.1 In the event that the total Net Revenue from your referred New Customers is negative for a given calendar month, the negative balance will be reset at the start of the next calendar month. (“No Negative Carry Over Policy”).
16. AFFILIATE NETWORKS
16.1 If you are joining the Programme in the capacity of an affiliate marketing network, you represent, warrant and undertake that the terms and conditions of your marketing network are at least as restrictive as those set out herein, and that you shall be responsible for all activity undertaken by your affiliates. Evo.io reserves the right in its sole discretion to request written documentation of your compliance with this clause, and your failure to promptly provide such documentation upon request shall be deemed a material breach of these Affiliate Terms.
17. OWNERSHIP OF CUSTOMER DATA
17.1 You acknowledge and agree that all information relating to any referred customer is the exclusive and sole property of Evo.io and/or its affiliates and that you shall have no rights therein whatsoever excluding any information that you gather independently, outside of your participation in the Programme.
17.2 You acknowledge and agree that any data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
18. SUB-AFFILIATES
18.1 All rights and licenses granted to you hereunder are non-transferable and non-sublicensable, save that you may assign or delegate any of your duties or obligations to a sub-affiliate approved in writing by Evo.io (the “Sub-Affiliates”). Evo.io reserves the right in its sole discretion to require your Sub-Affiliates to join the Programme as a condition of their undertaking any activities as a Sub-Affiliate.
18.2 You are responsible for ensuring that all activity of any Sub-Affiliates is in full compliance with these Affiliate Terms, and any duties and obligations applicable to you hereunder shall equally apply to the Sub-Affiliates. Between you and Evo.io, you shall be solely responsible for ensuring the full compliance with these Affiliate Terms by Sub-Affiliates, and you shall remain solely responsible for any acts or omissions of your Sub-Affiliates in violation of these Affiliate Terms.
18.3 The commission due to you in respect of the activity of any approved Sub-Affiliate shall be 5% commission of the total monthly payment due to the Sub Affiliate. For example, if Your Sub-Affiliate’s is due a payment of €1000 in the previous calendar month, you will accrue €50 commission to your affiliate account.
18.4 Interested Affiliates may contact their dedicated account manager or the Evo.io support team. You shall not receive any other payment or compensation from such Sub-Affiliates under these Affiliate Terms, and you are not entitled to receive any payment from any second tier Sub-Affiliates or any other tier of affiliates other than a single tier of Sub-Affiliates.
18.5 We reserve the right to refuse the Sub-Affiliates (or terminate an Agreement with them) if necessary to comply with an Agreement and/or any requirements we may periodically establish.
19. RESTRICTION ON ACTIVITIES BY RELATED PERSONS / ENTITIES
19.1 In order to prevent the potential for abuse and Fraudulent Activity, Evo.io does not pay Commissions for customer referrals in certain circumstances, such as when you have an existing relationship with the referred customer. While decisions shall be taken on a case-by-case basis, we provide for illustration purposes the following non-exhaustive list of scenarios where Commissions shall not be paid:
(a) you shall not earn a Commission on the activity of any Sub-Affiliate if: (i) in the event that you are a juristic entity, such Sub-Affiliate is your employee, director, shareholder or agent or (ii) in the event that you are a natural person, such Sub-Affiliate is your employee, agent or direct family member;
(b) you shall not earn any fees or Commissions on any additional Programme account set up by you, or on your behalf;
(c) you shall not earn Commission on any Programme account/s set up by your employees or immediate family members, or on their behalf; or
(d) if you, or, if applicable, your employees, agents, or family members, sign up as a customer on one of the Evo.io Sites after being referred to the site by you, we will not pay any Commissions or amounts related to such activity and we have the right to terminate your enrolment in the Programme and cancel these Affiliate Terms.
20. ACCOUNT SECURITY
20.1 You are responsible to guard the security of your Programme username and password, and may not share your login details with any third party. You shall be solely responsible for all activity occurring under your Affiliate account.
20.2 We may require you from time to time to positively verify your account details in order to receive continuing Commissions or to prevent Fraudulent Activity in connection with your account. This is to protect both you and us from potential illegal or Fraudulent Activity. This verification process may require the submission of additional personal documentation proving identity, payment and physical address details.
21. CONFIDENTIALITY
21.1 During your participation in the Programme, we may share with you certain Confidential Information owned by Evo.io or its licensors. You undertake and agree that you will not use the Confidential Information for any purpose other than to discharge your obligations to Evo.io in accordance with these Affiliate Terms, and that you will not publish or disclose the Confidential Information to any third party without our express written permission.
21.2 You undertake and agree to take all reasonable measures to maintain the confidentiality of our Confidential Information, which will in no event be less than reasonable care.
22. MONEY LAUNDERING; ANTI-BRIBERY
22.1 You undertake and agree that your participation in the Programme shall not, directly or indirectly, encourage, benefit from, or be party/privy to, any money laundering or related illegal activities. Evo.io strictly prohibits, and undertakes efforts to prevent, money-laundering activities and other activities that may facilitate money-laundering or the funding of terrorist or criminal activities in connection with the Programme. You hereby agree to provide Evo.io or its designated agents with all requested assistance and documentation in connection with such efforts, including but not limited to: (a) for individuals, copies of your current: passport, driving licence, utility bill, bank statement, or other documents; or (b) in the case of a corporation, copies of: the company’s certificate of incorporation, constitutional documentation, identity of the directors, officers and beneficial owners of the company. You agree that Evo.io may undertake independent identity verification procedures in its sole discretion which may include the procurement of information from public or private sources for identity verification and crime prevention purposes.
22.2 You understand and agree that some jurisdictions in which we operate have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect, that any transactions in which you are directly, or indirectly, involved, involve funds, derived from illegal activities, or are intended to conceal funds derived from illegal activities or involve the use of the Programme to facilitate criminal activity.
22.3 You understand and agree that, if we have any knowledge, belief or suspicion that any money laundering or illegal activity may have occurred, we may at our absolute discretion: (a) immediately suspend, deregister or terminate your membership of the Programme; (b) decline to pay you any further Commission and/or (c) report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
22.4 Evo.io is committed to ensure that all of its activities and the activities of all of its Affiliates and business partners comply with all applicable laws and regulations and accord to the highest principles of corporate ethics. Accordingly, in performing your activities under these terms, you undertake to comply with all applicable laws related to the fight against bribery and corruption and shall not offer, promise, give, authorize, solicit or accept any undue pecuniary or other advantage related to any prospective New Customer “impressions”, “clicks”, “acquisitions”, “installations”, “views”, “leads”, “registrations” payments made under these Affiliate Terms or otherwise. Evo.io shall immediately terminate these Affiliate Terms if it determines, in its sole discretion, that any of your activities do not fully comply with this Anti Bribery and Corruption Policy.
23. INDEMNITY
23.1 You shall defend, indemnify, and hold us and our 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 your performance of your duties and obligations under these Affiliate Terms, the performance of your Sub-Affiliates’ duties and obligations under these Affiliate Terms, or any breach by you or a Sub-Affiliate of these Affiliate Terms or any warranty, representation, undertaking covenant, or agreement contained in these Affiliate Terms.
23.2 In the event we are subject to any third-party claim or investigation as a result of your or any Sub-Affiliate’s activities in connection with these Affiliate Terms, we reserve the right to withhold any Commission, fee, or other amount due as an offset against any cost or liability which may attach as a result of such claim or investigation, in addition to any other remedy available to us.
24. DISCLAIMER OF WARRANTY
24.1 We make no express or implied warranties or representations with respect to the Programme, the Marketing Material, the Programme Portal, or any Evo.io Site, including, without limitation, any warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site (including any tracking mechanisms) will be uninterrupted or error-free, and we make no guarantees regarding the amount of Commissions which may be generated as a result of your participation in the Programme. We will not be liable for the consequences of any such interruptions or errors. Please note that in the event of a systems or technical malfunction leading to incorrect balances showing on Affiliate’s account or otherwise, Evo.io reserves the right to manually correct this error and pay Affiliate the correct amount.
25. LIMITATION OF LIABILITY
25.1 Evo.io shall not be liable for indirect or accidental damages resulting from the Affiliate’s participation in the Program.
25.2 Evo.io shall not be responsible or liable for any claim or dispute between the Affiliate and a customer or prospective customer of Evo.io.
25.3 Our Website is provided “as is” without any express or implied warranty of any kind, and all warranties implied by law, including warranties of merchantability and fitness for any particular purpose, are hereby excluded to the fullest extent permitted by law. We do not warrant nor guarantee that the Website will be error-free, uninterrupted, secured, or free of viruses or bugs and shall not be liable to You for any such matters.
25.4 Our total aggregate liability to You in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance of this agreement shall be limited to €10,000 (ten thousand Euro). Nothing in this Agreement excludes liability for death or personal injury nor fraud or fraudulent misrepresentation.
26. TERM AND TERMINATION
26.1 These Affiliate Terms will come into effect upon your submission of your registration to the Programme and shall continue until your participation in the Programme is terminated for any reason.
26.2 Either party may terminate these Affiliate Terms for convenience at any time, effective upon written notice to the other.
26.3 Any notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Affiliate Terms shall accordingly terminate with immediate effect.
26.4 In the event of termination of these Affiliate Terms for any reason:
(a) all rights and licenses granted to you in these Affiliate Terms shall immediately terminate;
(b) you must immediately cease all marketing activity, cease the distribution of any Marketing Materials, and disable any links from your Site to any Evo.io Site;
(c) you must promptly return to us any Confidential information and/or customer information, and all copies of same in your possession, custody and control; and
(d) for clarification purposes, termination will not exculpate you from any liability arising from any breach of these Affiliate Terms that occurred prior to termination.
26.5 Upon termination for any reason, you shall cease to be entitled to receive any further Commissions.
26.6 In the event we terminate your participation in the Programme as a result of a breach of these Affiliate Terms by you, we shall retain any Commission owed to you, and we will not be liable to pay any further Commission to you. In addition, we reserve the right to recover any payments previously made to you and seek the recovery of all costs incurred in the investigation of such activities and the closure of your account, in addition to any other rights and remedies available at law.
27. NOTICES
27.1 Any notice or communication hereunder shall be in writing and sent via e-mail to the party’s designated address. All notices shall be in English and effective upon sending.
The designated e-mail address for Evo.io Affiliates is: Affiliates@Evo.io
Your designated e-mail address is the e-mail address provided by you at the time of registration or as updated thereafter with the Programme.
28. SALE OF YOUR BUSINESS
28.1 If you wish to sell or otherwise dispose of the shares or assets of your Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of your business), you shall be required, prior to completing the sale, disposal or transfer, to:
(a) give us no less than 30 (thirty) days prior written notice of such intention, provide such details as we may request (which shall include, but not be limited to, your Affiliate username and full details of the intended purchaser, including their banking details and if they are already an affiliate of the Programme, their Affiliate username and furnish us with an irrevocable consent and authority to pay the selling Affiliate’s Commission, after the sale is completed, to the purchaser, in a form acceptable to us in our sole discretion; and
(b) make the deed of sale subject to the suspensive condition that we approve such purchaser as an Affiliate of the Affiliate Programme and that such intended purchaser shall, subject to our approval (at our sole discretion), join the Affiliate Programme.
28.2 You agree that we shall have sole discretion to approve or reject any proposed assignment, novation or transfer of your rights under these Affiliate Terms to any prospective purchaser or third party.
28.3 Any approval of your request to novate or transfer your rights to any third party will terminate your enrolment in the Programme on the date of transfer.
28.4 If we reject the intended purchaser as an Affiliate of the Programme and you nevertheless decide to proceed with the sale/change of control or transaction contemplated above, then we reserve the right to terminate your enrolment in the Programme immediately.
29. RELATIONSHIP OF PARTIES
29.1 You and Evo.io are independent contractors, and nothing in these Affiliate Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
29.2 You shall not make any claims, representations, or warranties in connection with us, and you shall have no authority to, and shall not, bind us to any obligations unless we agree in writing to be so bound.
29.3 You agree that you are not, and shall not be treated as, an employee with respect to, as applicable, any Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or other federal, state, or local statutes, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned codes and acts.
30. NON-SOLICITATION
30.1 During your participation in the Programme, and for a period of 6 months after any termination of such participation, you undertake not, either directly or indirectly, to solicit, or attempt to solicit, divert or hire away any person engaged by Evo.io as an employee, contractor or consultant at the time of solicitation or during the 12 month period preceding the solicitation.
30.2 If you have any doubt as to whether an individual is engaged by Evo.io, you must make a written inquiry of Evo.io prior to attempting to solicit such an individual. Your failure to confirm the status of any individual prior to a solicitation shall not relieve you from your duties and obligations under this non-solicitation clause.
30.3 You agree that in the event of a breach of this non-solicitation clause, Evo.io shall suffer substantial and irreparable harm, which may not be adequately compensated for by the payment of damages. As a result, Evo.io shall be entitled to seek injunctive relief in any court of competent jurisdiction to enjoin or prevent such solicitation, and this will not limit any other causes of action or legal redress that may be available to Evo.io.
31. DATA PROTECTION
31.1 In accordance with the GDPR, Evo.io and you are each an independent data controller. No data controller-data processor relationship or joint data controller relationship is created by these Affiliate Terms.
31.2 You hereby warrant and represent that you will at all times comply with the GDPR and any other applicable Data Protection Regulation, including ensuring that personal data of any person which you refer to Evo.io: (i) is collected fairly, lawfully and transparently; (ii) is processed in accordance to a lawful condition as set out in the GDPR; and (iii) is protected from loss, theft, accidental destruction or unauthorized access by implementing appropriate technical and organizational measures.
31.3 You shall cooperate with Evo.io to assist Evo.io in meeting its obligations under the applicable Data Protection Regulation.
31.4 In the event you become aware of an actual or suspected breach of Evo.io’s security, confidentiality, or integrity of personal data, you shall notify Evo.io within 24 hours of identifying the breach and assist Evo.io in meeting its requirements under Articles 33-34 of the GDPR.
31.5 Without derogating from the generality of section 23 of these Affiliate Terms, you shall defend, indemnify, and hold us and our 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 your breach of any Data Protection Regulation.
32. MISCELLANEOUS
32.1 This Agreement shall be governed by the laws of Alderney, and any dispute or claims shall be resolved through the courts of Alderney.
32.2 Except as provided in clauses 19.1 (“Authorization of Sub-Affiliates”) and 29 (“Sale of Business”), you may not assign or delegate any right, duty or obligation under these Affiliate Terms, by operation of law or otherwise, without our prior written consent. Any attempted assign, transfer or novation by you in violation of these Affiliate Terms is void and shall have no effect. Subject to that restriction, these Affiliate Terms will be binding on, ensure to the benefit of, and enforceable against you and us and your and our respective successors and assigns.
32.3 Our failure to enforce your strict performance of any provision of these Affiliate Terms will not constitute nor be construed as a waiver of our right to subsequently enforce such provision or any other provision of these Affiliate Terms. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
32.4 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, floods, storms, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause beyond the reasonable control of such party.
32.6 The exercise of one or more of the provisions of these Affiliate Terms shall not preclude the exercise of any other provision.
32.7 You acknowledge, confirm, and agree that damages may be inadequate for a breach or threatened breach of these Affiliate Terms. In the event of a breach or threatened breach of any provision of these Affiliate Terms, the respective rights and obligations of the parties shall be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in these Affiliate Terms shall limit or affect any of our rights at law or otherwise for a breach or threatened breach of any provision of these Affiliate Terms.
32.8 Whenever possible, each provision of these Affiliate Terms shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Affiliate Terms 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 these Affiliate Terms or any provision hereof.
32.9 Any headings in these Affiliate Terms are inserted for convenience only and shall not affect its construction.
32.10 These Affiliate Terms constitute the entire agreement between the parties with respect to the subject matter hereof and nullifies all previous understandings, both oral and written, between the parties in respect of the subject matter hereof and shall supersede all previous agreements between the parties, whether made orally or in writing.
Evo.io AFFILIATE MARKETING RULES
These Evo.io Affiliate Marketing Rules (hereinafter: the “Rules”) form an integral part of the Affiliate Terms, alongside the standard Terms and Conditions that are applicable o any Affiliate activities undertaken in respect of the website www.Evo.io (“Evo.io”). Evo.io is owned and operated by Monarch Innovative Labs, a company incorporated and having its registered address situated at Province 01 San Jose, Canton 02 Escazu, San Rafael, Costa Rica
Failure to comply with the Rules may result in termination of your participation in the Evo.io Affiliate Programme (“Programme”), and further, you shall be liable for all claims, damages, expenses, costs, and/or fines incurred or suffered by Evo.io.
1. MARKETING MATERIAL
1.1 Affiliates shall not make any changes to the Marketing Materials (as such term is defined in the Affiliate Terms) without Evo.io’s explicit prior written authorisation.
1.2 Affiliates shall only use the current versions of the Marketing Materials and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Programme Portal. It is your responsibility to check the Programme Portal for updated Marketing Materials on a regular basis.
2. AD PLACEMENT
2.1 Marketing Materials or any other creative materials referring to Evo.io (hereinafter jointly: “Evo.io Creative”) must not be placed on websites or any other type of media, infringing third-party rights (including, without limitation, trademarks, copyrights or other intellectual property rights). This includes any streaming, torrent, or file-sharing websites.
2.2 Evo.io Creative must not be placed on any web pages or any media: (i) providing advice or information on responsible gambling; (ii) which includes sexually explicit, libellous, obscene, violent or otherwise illegal content; or (iii) which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3. AGE LIMITATION
3.1 Affiliate shall ensure that Evo.io Creative are not placed in or around media that are or could reasonably be interpreted as being directed towards persons who are under the age of 18 or the age of consent in a particular jurisdiction, whatever is the greater (“Minor”).
3.2 If Affiliates conduct advertising on media which allows them to use data pertaining to age, interests, or other criteria to select recipients of a communication as a means of excluding Minors, the Affiliates must take all reasonable steps to reduce the likelihood of Minors being exposed to Evo.io Creative. Furthermore, in such cases, Affiliates shall keep evidence of the measures taken and provide it to Evo.io upon request.
3.3 Affiliates shall ensure that the media on which they promote Evo.io would not be likely to be of particular appeal to Minors, for instance, by making use of or being associated with youth culture.
4. PROBLEM GAMBLING
4.1 Affiliates shall not carry out any marketing activities that are targeted towards or could reasonably be interpreted as being targeted towards persons who have or may have problems with their gambling.
5. MISLEADING COMMUNICATIONS
5.1 Advertising communications must not be misleading, whether by action or omission. Accordingly, all significant conditions of a promotion, such as eligibility restrictions, deposit requirements, wagering requirements, restricted odds/games and withdrawal limits, shall be included in the communication.
6. RECOGNITION OF MARKETING COMMUNICATIONS
6.1 Affiliates must ensure that any marketing communications (including, without limitation, advertorial content, social media advertising or direct marketing communication) are clearly identifiable as such. Where such communications are not immediately recognisable as forms of advertising, the Affiliate shall indicate their nature, for example, by writing “advertisement feature” in a prominent position within the communication.
6.2 The commercial intent of any marketing communication sent by Affiliates must be clear, whether explicitly or from its context, and the communication must not falsely claim or imply that it is from a customer or someone outside its trade or business.
6.3 Special care shall be given to any marketing communication conducted via social media. In such circumstances, Affiliates must incorporate an identifier, such as “Ad” in the title of the post, or, if only an image is visible at first, the image itself.
7. SOCIAL RESPONSIBILITY
7.1. Affiliates must ensure that all their marketing communications:
7.1.1. are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited. In addition, such communications must not portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm, nor condone or encourage criminal or anti-social behaviour;
7.1.2. do not link gambling to seduction, sexual success or enhanced attractiveness;
7.1.3. do not portray gambling in a context of toughness or link it to resilience or recklessness;
7.1.4. do not suggest that gambling can enhance personal qualities, that it can improve self-image or self-esteem, or that it is a way to gain control, superiority, recognition or admiration;
7.1.5. do not exploit cultural beliefs or traditions about gambling or luck;
7.1.6. do not suggest that solitary gambling is preferable to social gambling; and
7.1.7. do not feature anyone who is, or seems to be, under 25 years old.
7.2. Affiliate’s marketing communications must not: (i) suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression; (ii) suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security (any references to salary or debts in ads is completely prohibited); (iii) portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments; (iv) condone or feature gambling in a working environment.
8. OTHER KEY PRINCIPLES
8.1. Affiliate marketing communications, which include any comparison with an identifiable competitor, must not mislead, or be likely to mislead, the audience about either the advertised product or the competing product.
8.2. Affiliate marketing communications must not create confusion between Evo.io and its competitors or between Evo.io’s product, trademark, trade name or other distinguishing mark and that of a competitor.
8.3. Affiliate marketing communications that include a comparison with an unidentifiable competitor must not mislead or be likely to mislead the audience. The elements of the comparison must not be selected to give the marketer an unrepresentative advantage.
8.4. Affiliate marketing communications must not feature a testimonial without permission; exceptions are normally made for accurate statements taken from a published source, quotations from a publication or references to a test, trial, professional endorsement, research facility or professional journal, which may be acceptable without express permission.
8.5. Affiliate marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Such communications must not claim that Evo.io, the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body. An exception is made if Evo.io, the message or the product complies with the terms of the approval, endorsement or authorization.
8.6. Affiliate marketing communications must not falsely claim that Evo.io is a signatory to a code of conduct. They must not falsely claim that a code of conduct has an endorsement from a public or other body.