01Introduction
Please read these Terms and Conditions carefully and all the related documentation before making any application to become an Affiliate, as they set out your and our obligations in relation to the GOATbox.gg Affiliate Programme.
If you do not agree with any of these Terms and Conditions, you should not apply to become an Affiliate nor/or join the Affiliate Programme.
By applying to become an Affiliate, you hereby accept these Terms and Conditions and are legally bound by them.
We recommend that you print a copy of these Terms and Conditions for future reference.
Please note that this marketing opportunity is for commercial use only.
02General
This document, your contract with us and any other guidelines or additional terms which we provide to you via email or on our website GOATbox.gg and any amendment thereto from time to time represent the complete Terms and Conditions of Use of the services provided by GOATbox.gg (the ‘Agreement’). By subscribing to the GOATbox.gg Affiliate Programme, you certify that you have read and you agree to the complete Terms and Conditions as defined below.
03Definitions
1.1
'Sites' determine the web pages that GOATbox.gg promotes.
1.2
'Parties' refers to GOATbox.gg and its Affiliates.
1.3
‘Purchase’ refers to money deposited by players on the sites promoted by GOATbox.gg.
1.4
'Collection' refers to prizes claimed by users on the sites promoted by GOATbox.gg, in addition to each purchase transferred by GOATbox.gg.
1.5
'CPA' is a payment that you will receive when a player registers and makes a first purchase on one of our sites through your website / traffic source. A CPA is triggered when a qualifying user makes a purchase above the minimum stated amount and opens a case.
1.6
‘Revenue Share’ is a method of commission payable to the affiliate based upon the activity of the users referred by that affiliate.
1.7
'Banner and link' refers to all graphical elements that we put at your disposal to redirect your visitors to our sites.
1.8
'User' refers to a natural person entering one of our sites through a source of yours, and who has opened an account on this site.
1.9
'Self-excluded user' refers to a person who requests their access be denied to the site and is flagged as self-excluded in the list of players linked to your account and accessible through our platform.
1.10
'Commission programme' refers to the model which the Affiliate has chosen as their method of payment.
1.11
'Fraud' means an unlawful act or an attempt to commit an illegal act within the relevant jurisdiction of play. Fraud includes collusion, abuse of bonuses or other promotions, violation of laws relating to money laundering, spamming, or misleading or unauthorised advertisements, use of stolen credit cards and the unauthorised use of intellectual property rights.
1.12
'Spam' refers to emails and messages that meet the following criteria: unsolicited emails sent to many recipients, emails containing false statements, where the original IP or electronic address cannot be identified, containing no option to unsubscribe, grouping different pieces of software together, resulting in the downloading or installation of software or a similar action without the consent of the recipient.
1.13
‘Sub-Affiliate’ means an individual or organisation that you have a business relationship with and who operates for you with the intention of driving traffic to websites.
04Trusted Site
2.1
GOATbox.gg is a website specialising in E-commerce and is licensed by [blank].
2.2
Access to mystery box sites are restricted on an age basis, and hence our Affiliate Programme is strictly prohibited to people under the age of 18.
2.3
As a partner to mystery box sites, we encourage responsible purchasing.
2.4
In order to establish a relationship of trust with our clients, we also guarantee the security of our site and your data when you register as a member of GOATbox.gg.
05Password Protection
3.1
Choose a password that is unique to you. The password chosen should contain a mixture of alphanumeric characters and special characters. The user must keep this password confidential. GOATbox.gg will not be held liable in the event of fraudulent use of users' passwords.
3.2
In the event that you lose your password, please use the password reset on the login if you have any difficulties please contact support.
06Responsibilities
4.1
GOATbox.gg agrees to compensate you for every qualifying player that you refer to our sites, and who opens an account in real mode and makes a qualifying purchase, provided that, as a condition to GOATbox.gg compensating you, you shall first respond to any due diligence questions of GOATbox.gg to our full satisfaction, including providing GOATbox.gg with required KYC documentation.
4.2
Every player must verify their account by sending his/her proof of identity. Please note that CPA will only be paid for validated users.
4.3
CPA will not be paid for self-excluded users.
4.4
GOATbox.gg reserves the right to not pay a CPA or Revenue Share if we notice any abuse, including, but not limited to, the event that you promise bonuses or payments to players who register on our sites.
4.5
GOATbox.gg cannot be held responsible for loss, deterioration or damage to files, or for the transmission of viruses that could infect the user's computer equipment.
4.6 Affiliates may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the GOATbox.gg trademarks or otherwise include the word "GOATbox.gg" or variations thereof, or include meta tag keywords on the Affiliate site or other promotion methods which are identical or similar to any of GOATbox.gg’s trademarks or keywords.
08Intellectual Property
6.1
"Creative works" are protected by copyright as they are original. For this reason, a website, since it is original, is a work protected by copyright. Any reproduction of a creative work is illegal and could be followed by criminal proceedings.
The information on this site is protected by international copyright law. GOATbox.gg Copyright © All rights reserved.
09Intangible Property
7.1
All visual elements of GOATbox.gg, whether they are filed as a trademark or not, and whether or not they are accompanied by the initials TM or ® or ©, for the format and content of all articles, press reviews and more generally, any information contained on the site, remain the exclusive property of GOATbox.gg or third parties with whom GOATbox.gg has an agreement allowing diffusion. The user does not have the right to reproduce, distribute or more generally the right to exploit them by any means whatsoever, outside of any specific prior consent from GOATbox.gg.
10Hypertext Links
8.1
The site GOATbox.gg may offer links from its site to other sites, usually those of its partners (surface links, deep links). These links do not constitute an endorsement nor a partnership between GOATbox.gg and these sites. Therefore, GOATbox.gg cannot be held responsible for any content, products, advertising or any elements or services presented on these sites. Any hyperlink, of whatever nature, allowing access to the site GOATbox.gg or to one of its pages or data, requires the prior written permission from GOATbox.gg.
11Your Rights and Obligations
9.1
As an Affiliate, you must create a link to our partners on your site or highlight us on social platforms. This link may take the form of banners or links or mentions on streams or social media.
9.2
This contract does not give you exclusivity, and we can therefore offer the same services to different Affiliates. The complaints related to payment can only concern the flow that you generate and not that generated by a third party.
9.3
You cannot modify the marketing tools provided by GOATbox.gg, unless previously approved by GOATbox.gg. Only banners made available to you may be used.
9.4
You may only, either directly or indirectly, open a Player account on the Sites for test purposes (“Test Player Accounts”). You are not allowed to make real money purchases through any of your Affiliation trackers into such Test Player Accounts. You are not entitled, directly or indirectly, to earn money, including any commission, with respect to activity in the Test Player Accounts. If you wish to make test purchases to evaluate the system, you must contact your account manager.
9.5
You will not earn commission on your own Player account nor a directly or indirectly related person's Player account. Neither you nor any connected party on your behalf are entitled to any share of Net Revenue or any other remuneration from GOATbox.gg in relation to such persons.
9.6
In the event of fraudulent traffic from your website, or any other direct or indirect act or suspected act of fraud, including as set out in Section 9.4 and 9.5 above; we reserve the right to: (i) withhold your payments; (ii) close your Player account and/or Affiliate account; and/or (iii) terminate this Agreement immediately upon written notice to you, without prejudice to our other rights and remedies under this Agreement and under applicable law.
9.7
You have the non-exclusive and non-transferable right to use the brands loaned by GOATbox.gg only by using our banners on your site. This licence cannot be transferred.
9.8
Your account will be closed if you do not display our banner on your website for more than two consecutive months (60 business days).
9.9
You must go through a verification process before obtaining a valid GOATbox.gg account and working with our partners.
9.10
You shall not take any steps to open an GOATbox.gg account, including by submitting an application form, on behalf of any third party and you may not transfer, assign, sell or otherwise dispose of an GOATbox.gg account to any third party.
9.11
All banners and links must be aimed at those whose age permits them to lawfully participate. It is prohibited to place any banners or links in a position that targets those under the age of 18.
9.12
Under no circumstances can the GOATbox.gg brand be advertised on a site or using social media content that supports and advocates terrorism, violent crimes, hate crimes or any similar content. If this is noted then your affiliate account will be closed immediately and no further payments will be made to you.
9.13
You acknowledge that some of our partners are licensed by the Gambling Commission (Operators) and are bound by the terms of the Licence Conditions and Code of Practice (LCCP) and the following licensing objectives:
- to prevent gambling from being a source of crime and/or disorder, being associated with crime or disorder and/or being used to support crime;
- to ensure that gambling is conducted in a fair and open way;
- to protect children and other vulnerable persons from being harmed or exploited by gambling.
You agree and ensure that when you target players your activities shall comply with the above regulation and principles.
We will immediately terminate the Agreement if we become aware that you have failed to comply with this clause.
9.14
You shall comply with all applicable laws, policy and guidelines notified by us to you through our Site or otherwise (including by Email) in relation to money laundering, the Proceeds of Crime, Privacy, Electronic Communications and all relevant laws and industry practices applicable to online marketing, online advertising, and the marketing of E-commerce sites. Moreover, if you are targeting players you shall comply also with, but not limited to:
- Licence Conditions and Codes of Practice;
- the IGRG Industry Code for Socially Responsible Advertising; and
- the Privacy and Electronic Communications Regulations.
Furthermore, you shall ensure that all marketing, advertising and promotions include reference to the terms and conditions in accordance with the provision of the CAP code, and the LCCP, and the wording set out below:
"begambleaware.org", "18+", “T&Cs apply".
We will immediately terminate the Agreement if we become aware that you have failed to comply with this clause.
9.15
You acknowledge that our partners are required to comply with information reporting and other obligations established by relevant authorities (including but not limited to __). In these cases, you agree to promptly collaborate and provide us with the information requested or procure such information for us and/or assist us to the extent required in order to ascertain such information.
9.16
You shall market and refer traffic to the Sites and will be solely liable for the content and manner of any such marketing activities, which must be professional, proper, lawful and in accordance with any applicable regulations (including any laws or regulations relating to the content and nature of advertising or marketing including, but not limited to the Privacy and Electronic Communications Directive (EC Directive) Regulations, as amended from time to time, the General Data Protection Regulation (GDPR) and, if you are targeting Brazilian players, you shall comply also with the Data Protection Act 2018 and any other related legislation (among others: the CAP Code and the LCCP code).
9.17
You shall not, under any circumstances, send any communication to self-excluded users. A list of self-excluded users is available once you access your account and it is your responsibility to review such list before any marketing campaign. We will immediately terminate the Agreement if we become aware that you have failed to comply with this clause.
9.18
You shall include an “unsubscribe” option in each Electronic Communication you send, and the unsubscribe option should be for the service provided by the Affiliate only and should not link to our Site or any advertiser Site. This “unsubscribe” facility must be functional and operational at all times. No marketing material shall be sent to unsubscribed users, under any circumstances. We will immediately terminate the Agreement if we become aware that you have failed to comply with this clause.
9.19
You undertake to observe all applicable directives, laws and regulations applicable to the use of cookies and/or the use, processing, storage and transfer of personal data, including but not limited to the General Data Protection Regulation EU 2016/679 (GDPR EU), EU Privacy and the EC Directive, or any implementing or related legislation of any member state in the European Economic Area.
9.20
End users must be informed, via a suitable privacy policy or other appropriate means, that tracking technology will be installed on their hard drive when they click on the links. You shall provide such users with an easily-operable opportunity to reject the installation of such tracking technology.
9.21
Materials posted on your site cannot be libellous or otherwise illegal and this is your responsibility. Further, you shall fully indemnify and hold GOATbox.gg and the Sites harmless from all claims, damages and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance and contents of your site and for any loss or damage suffered by GOATbox.gg and the Sites or any of its group companies for breach of the terms of this Agreement.
9.22
Inactivity Should no Verified Referred Users be produced by the Affiliate Account for a continuous period of 6 months, the Agreement will be terminated in accordance with 12.1 and 12.2. In the event that this Agreement is terminated, the Referral Commission shall cease to accrue from the moment at which the Agreement is terminated.
9.23
You shall not be entitled to any fees in relation to any Sub-Affiliates if, in the case that you are a legal person, they are your employee, shareholder, agent, director, or in the case that you are a natural person, they are your employee, family member or agent.
12Commission
10.1
Revenue Share:
With this kind of affiliation you will receive remuneration according to your players for the duration of your contract period; negative carry over will not accrue.
The Revenue Share payable shall be calculated as follows:
((Y - B - C - T – P - D)*R)=RS Y = (Credits spent on boxes – RRP of item(s) won)
B = All bonus costs for the applicable month
C = Chargebacks / Refunds
T = Any taxes or duties
P = Payment processing fees
D = Other Deductions
RS = Payment to Affiliate
(i)
any third party fees (including software licensing fees, payment processing fees, any end-user verification and validation fees, software royalties and any game content fees).
(ii)
any marketing and bonus costs.
(iii)
any administration cost.
(iv)
any other transaction costs, (including bank charges and recovered charge backs) for the applicable month.
(v) any value added taxes or similar mandatory payments imposed by any authority having jurisdiction over the company.
R = Revenue Share percentage for the applicable month.
13Conditions of Payment
11.1
GOATbox.gg will pay the Affiliate the Commission earned from each Affiliated Customer’s use of the Product for the life of the Affiliate Account and one year following only. Our calculations of Commission are final and not open to dispute.
11.2
At the end of each Period, we shall calculate all Commission generated by Affiliated Customers.
11.3 The Affiliate Account must have an aggregate Commission across the Products that meets or exceeds the Minimum Payment Threshold before we will make a payment of Commission.
Commission Per Period
11.4
Commission will only be paid in US Dollars (USD $).
11.5
Commission is calculated in USD [and converted into __ where applicable using Cellxpert exchange rates based on the Currencylayer API.]
11.6
Payments made via bank transfer or available wallets are processed where possible in GBP/EUR/USD and may be subject to bank fees and exchange rates.
11.7
Payments will be paid within 14 days upon invoice receipt.
11.8 The minimum amount at which an Affiliate may request payment is $200 or the EUR equivalent on the day of payment request processing. The currency conversion is done using Cellxpert exchange rates and based on the Currencylayer API.
11.9
Unless indicated otherwise between the Parties, the Sub-Affiliate profit share is calculated as five per cent (5%) of the total profit share received from your Sub-Affiliate.
14Terms for Ending the Agreement
12.1
This Contract begins when you create your link on our site and ends when either party decides. The termination must be notified in writing only and terminates immediately.
12.2
Upon completion of the contract, you must remove our banners from your site and disable all your links. Your rights for licences expire in the same way.
12.3
Written Notice/Notice in Writing will be sent by email to the email addresses agreed and defined in the Affiliate Agreement, and will be deemed to have been delivered upon receipt of a “delivered receipt”. Where there is any dispute as to the delivery of such email, proof of sending will be provided and will be deemed final proof of delivery of Notice.
15Compensation
You shall defend, indemnify and clear the name of GOATbox.gg, its directors, managers, employees and representatives of any liability, loss, damage and expenses, including reasonable legal fees, which result from or are related to:
(A)
Any breach by you of any guarantee, representation or provision contained in this Agreement.
(B)
Your obligations and duties related to this contract.
(C)
Your negligence and all damage caused by breach, by omission or by the unauthorized use of our banners and our Affiliate links.
16Fraud
14.1
In the case of a fraudulent transaction, or suspected fraudulent transaction as set out in Section 9.4 and 9.5 made by one of your services or players, GOATbox.gg reserves the right to suspend your commission and cancel the transaction. The losses incurred in this act of fraud will be at the expense of the Affiliate. GOATbox.gg has the right to terminate this Agreement immediately if this is discovered to be the case.
17Relationship Between the Parties
15.1
We are independent parties. We are not bound by any partnership, joint venture, subsidiary, franchise, sales representation or group of common interest.
15.2
We are not responsible for any indirect damage, specially connected to your participation in our Affiliate Programme. Our responsibility ends with the payment made to you under this Agreement. Only parts of this contract have rights in this Agreement. The damages and claims are limited to marketing revenue and direct damage. We are in no way responsible for any potential errors or interruptions in the working of our sites, and consequences connected to these issues.
15.3
You acknowledge that you have read this contract and accepted its terms. Please note that we reserve the right to change the content with seven days notice.
18Terms of the Agreement
16.1
Access to this site may be from several different places and countries around the world. This does not mean that GOATbox.gg has agreed to provide its services or part of its services in the place or country where you are.
16.2
These Terms and Conditions constitute the entire Agreement between you and GOATbox.gg on the use of this site and its contents. If a situation arises where GOATbox.gg face an impossible situation where they cannot respect one of the clauses in this contract, that will not, under any circumstances, be considered as a cancellation of the clause in question, and it will not prevent GOATbox.gg from requiring this same clause to be put into place at any time thereafter. Where a measure seems invalid or inapplicable, it will not affect the validity and implementation of the remaining measures of this contract. All invalid or inapplicable clauses will be replaced by clauses in accordance with the law and as close as possible to the invalid and unenforceable conditions. All proceedings shall be commenced within one (1) year after filing a complaint, or they shall be deemed abandoned.
16.3
These Terms and Conditions shall be interpreted to apply and respect the framework of [applicable country] law in force, without referring to its conflicts or choice of legal stipulation.
19Governing Law and General
17.1
The validity, construction and performance of this Agreement and any dispute or claim arising out of, or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of [applicable country].
17.2
If one party or another is unable to comply with any clauses in this contract, they must not ignore the rest of the clauses cited.
17.3
In the event of a breach or a risk of a breach of any clause in this contract, the rights and obligations of the respective parties may be applied. Nothing in this Agreement can limit or affect our legal prerogatives, or otherwise, for a breach or violation of a known risk of a breach of this Agreement, it is the intention of this measure to bring to light the fact that our rights and obligations must be applied fairly, within the law or any other way.
17.4
If certain provisions become inapplicable or illegal, such clauses would be inapplicable only in this specific case. Under no circumstances would the invalidity of a clause abolish the remaining clauses of this contract. If certain clauses were to be abandoned, this should be specified in writing only, in order for it to be validated.
17.5
Under no circumstances will you be able to transfer this contract to a third party without the prior consent from GOATbox.gg.
17.6
Each clause of the contract will be considered effective and valid under the applicable law. However, if one of these clauses is considered to be null and void or illegal or another such clause is not applicable, it will not affect or cancel any other clauses of this contract.