Last Updated – 1st October 2023
1. INTERPRETATION
1.1. In these Conditions, the following definitions apply:
Affiliate: The individual, business or company providing the Affiliate Services.
Affiliate Services: The promotional and advertising services carried out by the Affiliate as per this Contract.
Applicable Laws: Any and all relevant: (i) supranational, national, local, regional, municipal laws, by-laws, regulations, policies, rulings, directives, decisions, enactments or instruments (including the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Gambling Act 2005, the Consumer Protection from Unfair Trading Regulations 2008, the Gambling (Licensing and Advertising) Act 2014 and the EC General Data Protection Regulation (EU) 2016/679), (ii) industry codes of practice (including the Gambling Industry Code for Socially Responsible Advertising) and/or (iii) codes of practice, guidance and/or policies of any relevant regulator (including the United Kingdom Gambling Commission (including the LCCP), the Alderney Gambling Control Commission, the Committee of Advertising Practice (including the CAP Affiliate Marketing Guidance), the Broadcast Committee of Advertising Practice, the Advertising Standards Authority and/or Ofcom); in each case that may be relevant to any obligations and rights under this Contract and in force from time to time.
Business Day: A Day that is not a Saturday, Sunday or a public holiday in England or Gibraltar.
Commencement Date: Refers to the meaning set out in clause 2.2.
Conditions: These terms and conditions as revised from time-to-time following clause 2.6.
Confidential Information: Any information related to the business of either party, considered confidential by a reasonable business person. This includes, but is not limited to, financial, technical, or commercial data, business or development plans, customer/client details or lists, sales contacts, technical information (inclusive of Third Party Content), licensing methods, formulae, know-how, processes, intellectual property rights, accounts, financial projection data, software programs, samples, photographs, drawings, specifications, and any information that relates to either party.
Contract: The agreement between the Company and the Affiliate which incorporates these Conditions.
Commission: The payments due to the Affiliate from the Company under this Contract (which may comprise a percentage share of Total Revenue, a Fixed Payment or a CPA Payment, or any combination of the same) for introducing new Players.
Company: Digital Rush Ltd., a company incorporated and registered in Israel, whose registered office is at Yakum Greenspace, Israel.
Company Brands: All the brands of any Website and any website operated by a Group Company.
Company Brand Keywords: A branded keyword or a branded search that includes the names of the Company (and/or a Group Company) and/or its business or brand.
Company Materials: Refers to the meaning given in clause 6.2 and shall include any other material given to the Affiliate by the Company from time to time.
CPA Payment: A single fixed payment to the Affiliate for each new Player who meets the criteria agreed between the parties, for example, a first-time deposit.
Default Commission Levels: The percentage share of Total Revenue set for Affiliates on registration, which are:
For up to 25 First Time Deposits – 20% on Total Revenue;
Greater than 25 and up to 60 First Time Deposits – 25% on Total Revenue;
Over 60 First Time Deposits – 30% on Total Revenue.
Digital Rush Partners: The Company’s Affiliate management site found at https://www.digitalrushpartners.com/ in relation to the Websites.
First Time Deposit (FTD): When a Player puts their own money (deposits) in a bingo/casino/sportsbook account for the first time.
Fixed Payment: Also referred to as a tenancy or flat fee payment. This is a fixed price payment (usually monthly or yearly) agreed between the Company and Affiliate for specific positioning on the Affiliate’s website (s), rather than on acquisition per new or existing Players.
Group Company: Any company owned and operated by Digital Rush Ltd.
Hybrid Deals: means Insertion Orders or any other written correspondence between the parties in which the parties have agreed to both a CPA Deal and a Rev-Share Deal.
Insertion Order: The document provided by the Company and agreed by the Affiliate, detailing key terms and commercials for each Affiliate including but not limited to: term length, agreed traffic source, payment plan, and agreed brand promotion.
Intellectual Property Rights: All patents, copyright and related rights, trademarks, service marks, business and domain names, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection worldwide.
Landing Pages: means the webpages allocated by the Company to the Affiliate to which a Player is directed from the Marketing Channels and via which the Player may access the Company’s Products.
LCCP: The License Conditions and Codes of Practice issued by the United Kingdom Gambling Commission.
KYC Document: A document provided by the Company to the Affiliate, outlining all necessary information required from the Affiliate for compliance with due diligence checks.
Marketing Channels: means the Websites and any such marketing channels set forth in any Insertion Order or in any other written correspondence between the parties hereto by which Players are directed to the Landing Pages.
Net Cash: The amount deposited by a Player through the Website, less the amount withdrawn by a player, less credit card chargebacks.
Net Loss: A negative Net Revenue figure.
Net Revenue: Net cash, less players real money balance, less Taxes (monies paid out in the form of mandatory gambling duties, including remote gaming duty and/or taxes or other mandatory statutory deductions or payments paid to licensing authorities); less Platform Fees (amounts paid to the gaming platform, games and payment processing operators).
Player: Any person who registers an account with the Company for a Website and subsequently wagers money having been referred to the Website by the Affiliate under the Affiliate Services, but who is not an existing or former customer of the Company or any other Group Company.
Rev-Share: means a fixed percentage of the Net Revenues.
Rev-Share Deal: means a deal in which the Company agrees to pay the Affiliate a Rev-Share as set forth in the Insertion Order or any other written correspondence between the parties in which a Rev-Share arrangement has been agreed upon
Total Revenue: The total revenue wagered by a Player through the website, covering deposit and play across bingo, sports, and casino.
Tracking Code: means a file indexing and/or file search framework issued by the Company and tied into an Account, which enables the tracking of Players’ activity in an Account and enabling the calculation of the fees payable to the Affiliate hereunder.
Website(s): Any website owned, operated, hosted, and/or controlled by the Company, including any tablet, mobile or app versions and any ‘white label’ website.
1.2. Any reference to a specific Applicable Law shall be construed as referring to that Applicable Law as it may be amended, consolidated or replaced from time to time.
1.3. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression should be interpreted as illustrative and does not limit the sense of the words preceding those terms.
1.4. The headings and sub-headings of the clauses are solely for clarity and guidance and will not be binding on the parties if there is any conflict with the provisions of the clauses.
2. THE AGREEMENT
2.1. By applying to become an affiliate of Digital Rush Ltd., the Affiliate extends an offer to Digital Rush Ltd. to be bound by this Agreement.
2.2. The offer is considered accepted when Digital Rush Ltd. expressly informs the Affiliate either in writing or verbally that the application has been accepted. At this point, the Agreement becomes effective (the “Start Date”).
2.3. Digital Rush Ltd. reserves the right to conduct background checks and request information as outlined in the KYC Document.
2.4. Digital Rush Ltd. retains the right to refuse any application at its discretion and without providing reasons.
2.5. These Terms apply to the Agreement to the exclusion of any other terms that the Affiliate tries to enforce or incorporate, or which are implied by trade, custom, practice, or course of dealing.
2.6. These Terms can be modified by Digital Rush Ltd. at any time. The updated Terms will form a new Agreement between the Affiliate and Digital Rush Ltd., replacing all previous terms and conditions. The Affiliate is considered to have accepted the updated Terms if they continue to provide the Affiliate Services.
3. RESPONSIBLE GAMING AND APPLICABLE LAWS
3.1. IT IS CRUCIALLY IMPORTANT TO DIGITAL RUSH LTD. THAT THE AFFILIATE SERVICES ARE PROVIDED RESPONSIBLY AND IN ACCORDANCE WITH ALL RELEVANT LAWS.
3.2. THE AFFILIATE AGREES TO PROVIDE THE AFFILIATE SERVICES IN A SOCIALLY RESPONSIBLE MANNER AND IN STRICT ADHERENCE TO ALL APPLICABLE LAWS.
3.3. WITHOUT LIMITING THE ABOVE OBLIGATIONS IN ANY WAY, THE AFFILIATE SHALL:
(A) ADHERE TO THE LCCP AS IF IT WERE A LICENSEE OF THE UNITED KINGDOM GAMBLING COMMISSION AND CONDUCT ACTIVITIES IN A WAY THAT SUPPORTS THE LICENSING OBJECTIVES;
(B) ENSURE THAT IT HAS APPROPRIATE, FREELY GIVEN, SPECIFIC, INFORMED, AND UNAMBIGUOUS CONSENTS FOR PROMOTING THE AFFILIATE SERVICES TO ANY INDIVIDUAL AND PROVIDE COPIES OF SUCH CONSENTS TO DIGITAL RUSH LTD. AS REQUESTED, AT THE AFFILIATE'S EXPENSE;
(C) AVOID SENDING SPAM EMAILS, TEXT MESSAGES, WHATSAPP MESSAGES, TELEGRAMS, OR OTHER COMMUNICATIONS, WHETHER ELECTRONIC OR OTHERWISE;
(D) AVOID DIRECTLY TARGETING INDIVIDUALS UNDER THE AGE OF 18 OR INDIVIDUALS LOCATED OUTSIDE THE PERMITTED JURISDICTIONS ON DIGITAL RUSH LTD.'S WEBSITE;
(E) REFRAIN FROM PROMOTING THE AFFILIATE SERVICES TO ANY INDIVIDUAL ON ANY SUPPRESSION LIST PROVIDED BY DIGITAL RUSH LTD.;
(F) NOT OFFER THE AFFILIATE SERVICES ON WEBSITES THAT PROVIDE UNAUTHORIZED ACCESS TO COPYRIGHTED CONTENT OR THAT ARE KNOWN TO CONTAIN DEFAMATORY, DISCRIMINATORY, OBSCENE, ILLEGAL, PORNOGRAPHIC, OR SOCIALLY UNACCEPTABLE CONTENT, AND USE MARKET-LEADING IP INFRINGEMENT AND AD MONITORING SOFTWARE AS REQUIRED;
(G) AVOID MISLEADING INDIVIDUALS IN ANY WAY (INCLUDING PORTRAYING ITSELF AS A TIPSTER OR MAKING FALSE ATTRIBUTIONS) AND MAKE IT CLEAR THAT THE AFFILIATE SERVICES AND ADVERTISING ARE PROMOTED BY THE AFFILIATE AND NOT BY DIGITAL RUSH LTD.;
(H) INCLUDE REFERENCES TO GAMBLEAWARE.CO.UK, “18+ ONLY,” AND “TERMS AND CONDITIONS APPLY,” MAKE SURE SIGNIFICANT TERMS, COMMITMENTS, LIMITATIONS, AND QUALIFICATIONS ARE CLEARLY STATED, AND PROVIDE APPROPRIATE OPT-OUTS FOR ALL AFFILIATE SERVICES;
(I) AVOID INCLUDING CHILDREN OR YOUNG PEOPLE OR ANYONE WHO APPEARS TO BE UNDER 25 IN ANY OF THE AFFILIATE SERVICES; AND
(J) FOLLOW ALL GUIDANCE FROM DIGITAL RUSH LTD. ON REGULATORY AND BRAND PROTECTION MATTERS. SPECIFICALLY, DIGITAL RUSH LTD. MAY AT ANY TIME REQUIRE THE AFFILIATE TO STOP USING ANY PARTICULAR METHOD OR CHANNEL FOR PROVIDING THE AFFILIATE SERVICES.
4. ADDITIONAL DUTIES OF THE AFFILIATE
4.1 Throughout the duration of the Contract, the Affiliate promises, asserts and pledges to:
(A) Abide by its duties under this Contract;
(B) Adhere to any guidelines or directives given by the Company periodically;
(C) Retain adequate liability insurance with a coverage limit of at least £1,000,000, and present proof of the same to the Company upon request;
(D) Implement and enforce a strict zero tolerance policy towards modern slavery and human trafficking within its business and supply chains, and immediately report any incidents to the Company;
(E) Advertise and endorse the website(s) with the goal of recruiting new players for the Company;
(F) Utilize the Company materials exclusively for delivering the Affiliate Services;
(G) Update all relevant offers supplied by the Company within five (5) business days of receiving them. Failure to do so will give the Company the right to terminate the Contract;
(H) Keep its contact information on DIGITAL RUSH PARTNERS accurate and up-to-date at all times;
(I) Register to receive the Company's newsletter for the duration of the program. This registration must not be cancelled at any point during the program.
4.2 The Affiliate assures, commits and declares that it will not:
(A) Conduct any activity or publish any content (on its website or otherwise) which is defamatory, discriminatory, obscene, unlawful, or sexually explicit, pornographic or otherwise distasteful;
(B) Offer or consent to provide any person any gift or other consideration that could act as a stimulus or reward for any action or lack of action connected to this Contract;
(C) Use metatags, code, or any other materials that violate the intellectual property rights of any third party;
(D) Use any material other than the Company materials provided to the Affiliate after 1st July 2023 for the purposes of performing the Affiliate Services, without the Company's prior written consent;
(E) Register as a customer of the Company itself or allow any of its employees, workers, contractors, or agents to register as a customer of the Company;
(F) Represent itself (via its website or otherwise) as the Company and/or make any statements about any services provided by the Company unless authorized by the Company;
(G) Perform any action that may lead to confusion between the Affiliate and the Company;
(H) Participate in any practice which may be considered deceptive, harmful, intrusive or a nuisance such as altering browser home pages without informed consent, providing or downloading software that does not function as advertised, secretly installing software, or using multiple or forced pop-up screens;
(I) Use the names, logos, trademarks, slogans or any other intellectual property owned or utilized by the Company, other than as contained in the Company Materials and for the purpose of performing the Affiliate Services;
(J) Carry out any inappropriate use of software for the Affiliate’s financial gain;
(K) Interfere with paid search or use third party keyword advertising systems;
4.3 The Affiliate will provide, at its own expense, such information to the Company as the Company may require, in order to demonstrate the Affiliate’s compliance with the terms of this Contract and to assist with any reporting information for any administrative and other regulatory obligations. The Affiliate agrees to the use of such information by the Company’s and the owner(s) or/and manager(s) of the Website(s) for these purposes and acknowledges that the Company has the right to withhold payment of any Commission if such information is not provided to the Company's satisfaction.
5. PAY-PER-CLICK (PPC) CAMPAIGNS
5.1 Direct promotion of the Company's brands through PPC advertising is not allowed.
Prohibited Keywords
5.2 The Company prohibits the Affiliate from displaying ads triggered by specific search terms. An up-to-date list of these 'negative keywords' provided by the Company can be found at https://www.digitalrushpartners.com/marketing-compliance-guidelines/negative-keywords-list/ and may be updated periodically. On top of the mentioned PPC Negative Keywords, the Affiliate is required to add all Company Brand Keywords to their negative keywords list. If an Affiliate is discovered to be using or targeting the Company's Brand Keywords, this may lead to the Affiliate's account being suspended or terminated.
Facebook Campaigns
5.3 The Affiliate is not permitted to target the Company’s community pages or groups with advertisements.
Direct Mail, Email, SMS and Whatsapp Marketing Campaigns
5.4 The Affiliate is prohibited from sending any form of communication that contains any links or any business content related to any of the Company's Brands via Direct Mail, Email, SMS, or Whatsapp individual/group messages.
6. DUTIES OF THE COMPANY
Provision of an Affiliate Online Account
6.1 As soon as reasonably practicable, the Company will provide the Affiliate with a username and password to access the Affiliate's online account.
Supply of Materials
6.2 The Company will make reasonable efforts to supply the following materials to the Affiliate via the online account:
(A) Graphic content for use in banner ads;
(B) Details of promotions or offers run by the Company that the Affiliate may promote; and
(C) A tracking code for the Affiliate to insert onto the Affiliate's website.
These are referred to as the "Company Materials".
6.3 The Company will make reasonable efforts to provide statistical information related to the Affiliate Services, including the number of referrals and the Commission earned by the Affiliate.
Software, Websites, and Players
6.4 While the Company strives to keep the Website(s) fully operational at all times, it offers no guarantees or assurances regarding the uptime, availability, or functionality of the Website(s). The Affiliate understands that the Company may take the Website(s) offline at any time and for any reason, including for routine or emergency maintenance.
6.5 The Company reserves the right to examine and investigate fraudulent players and to withhold payment for the duration of the investigation.
6.6 If a Player is found to be fraudulent, the corresponding Affiliate's Commission will be nullified.
7. COMMISSION & CPA PAYMENT
7.1 The Company will pay the Affiliate the Commission.
7.2 Commission Levels can be discussed and agreed upon with the Company.
7.3 Any of the conditions stated in this section 7 can be modified by mutual agreement.
Payment Calculation and Timing
7.4 The Commission will be calculated monthly and will be paid by the 25th of the following month in which the Commission was earned.
7.5 Commission payments to the Affiliate will appear as “Digital Rush Ltd.”.
7.6 The Affiliate will only be paid Commission for approved and verified Players.
CPA Payment
7.7 CPA Payment will be issued when the total deposit amount and/or the minimum wager amount have been met, as outlined in the Affiliate's Insertion Order.
7.8 The Company reserves the right to void the CPA Payment if the Player’s first deposit is made more than six months after registration.
Negative Carryover
7.9 There will be no carryover of any Net Loss from month to month.
Payment Method
7.10 Payment will be made via wire transfer. The Company reserves the right to charge the Affiliate any payment processing fees incurred by payment providers.
Chargeback
7.11 Chargebacks will be deducted from the Affiliate’s Commission due to Players' non-payment, fraudulent payment method use, or if the Player’s payment transaction is revoked and a credit is given.
Suspension for Inactivity
7.12 IF THE AFFILIATE DOES NOT REFER ANY NEW FTD OVER A SIX-MONTH PERIOD, THE COMPANY, IN ADDITION TO ITS RIGHTS UNDER SECTION 10, RESERVES THE RIGHT, AT ITS DISCRETION, AND UPON GIVING WRITTEN NOTICE TO THE AFFILIATE, TO EITHER:
(A) LOWER FUTURE COMMISSION TO 5% OF NET REVENUE (OR ANY OTHER AMOUNT THE COMPANY DECIDES) UNTIL MORE NEW PLAYERS ARE REFERRED; OR
(B) SUSPEND THE AFFILIATE'S ACCESS TO THE AFFILIATE'S ONLINE ACCOUNT AND WITHHOLD FUTURE COMMISSION PAYMENTS, WHICH WILL CONTINUE UNTIL THE COMPANY DECIDES OTHERWISE.
Other Payment Provisions
7.13 THE COMPANY MAY WITHHOLD PAYMENT OF ANY COMMISSION IF IT BELIEVES THE AFFILIATE HAS VIOLATED ANY TERM OF THIS CONTRACT OR HAS ACTED DISHONESTLY. DISHONEST BEHAVIOR MAY INCLUDE ENCOURAGING PEOPLE TO REGISTER WITH THE COMPANY JUST TO GET CPA PAYMENTS, EVEN THOUGH THEY HAVE NO INTENTION TO DEPOSIT MONEY WITH THE COMPANY.
7.14 The Company may also withhold payment of any Commission if it believes that such payment might cause the Company or the Affiliate to violate any applicable laws, rules, or regulations in any jurisdiction.
7.15 The Affiliate agrees to promptly repay the Company any money already paid to it under the circumstances outlined in sections 7.13 and 7.14, along with all reasonable legal costs and other expenses incurred by the Company in investigating the issue and recovering any losses.
7.16 If an error is made in the calculation of any Commission, the Company reserves the right to correct such error and reclaim any overpayment (and may reduce future payments which might otherwise be due accordingly). Except in the case of clear error or fraud, the Company’s calculation of Commission will be final.
7.17 All amounts payable by the Company under the Contract include amounts in respect of value-added tax chargeable at that time (“VAT”).
7.18 If the Company fails to pay any amount properly due and payable, the Affiliate has the right to charge interest on the overdue amount at the rate of 3% per annum above the base rate of NatWest Bank Plc., accruing daily from the due date until the actual payment date, whether before or after judgment. This clause doesn't apply to payments that the Company disputes in good faith.
7.19 The Company may, without limiting its other rights or remedies, offset any amount owed to it by the Affiliate against any amount payable by the Company to the Affiliate under the Contract.
8. INTELLECTUAL PROPERTY RIGHTS
Ownership of IP
8.1 Each party shall maintain all Intellectual Property Rights in its own name, logos, slogans, trademarks, and any other material that it currently uses or may use in the future.
Limited License Grant
8.2 The Company provides the Affiliate with a non-exclusive, revocable, royalty-free license to use the Company Materials during this Contract's term, strictly for the performance of the Affiliate Services. Unless this Contract or law permits, the Affiliate is not allowed to copy, modify, or reverse engineer the Company Materials.
Keyword Bidding Prohibition
8.3 The Affiliate commits not to bid on any keywords or search terms used by internet search engines if the keyword or search term matches or is a variant of, or could potentially be confused with any trademarks, slogans, or other intellectual property used by the Company.
Domain Name Registration Prohibition
8.4 The Affiliate shall not purchase or promote any domain that uses disallowed key terms. This includes any of the Company’s brands. Disallowed key terms also encompass related key terms, related brand names, or any phrase that contains words associated with or a variation of the marketed terms.
9. CONFIDENTIALITY
9.1 Both parties must keep confidential any Confidential Information disclosed to each other, whether in writing, electronically, or orally, about the disclosing party's business or affairs resulting from negotiations before or during this contract or its performance.
9.2 Neither party should reveal any of the other’s Confidential Information to any other person except those of its employees or agents who are involved in the Project and need to know the information.
9.3 Despite the provisions of Clause 9, a party may disclose Confidential Information if required by law, a government or regulatory authority, or a court or other authority with competent jurisdiction, provided that, if legally permissible, it gives the other party as much notice of the disclosure as possible and considers the other party's reasonable requests concerning the disclosure's content.
9.4 Each party must inform its employees, agents, and subcontractors (“Representatives”) of the other's Confidential Information's nature and take all necessary steps to ensure their compliance with this Clause. Each party acknowledges that it is responsible for its Representatives complying with this contract's terms and will be liable to the other party for any failure by its Representatives to handle any Confidential Information in accordance with this contract as if they were a party to it.
10. INDEMNIFICATION
10.1 THE AFFILIATE SHALL FULLY INDEMNIFY THE COMPANY AGAINST ALL COSTS, EXPENSES, DAMAGES AND LOSSES (WHETHER DIRECT OR INDIRECT), INCLUDING ANY INTEREST, FINES, LEGAL AND OTHER PROFESSIONAL FEES AND EXPENSES AWARDED AGAINST OR INCURRED OR PAID BY THE COMPANY AS A RESULT OF OR IN CONNECTION WITH:
(A) ANY CLAIM or sanction MADE AGAINST or imposed on THE COMPANY BY ANY THIRD PARTY or regulatory authority ARISING OUT OF, OR IN CONNECTION WITH, THE DELIVERY OF THE AFFILIATE SERVICES, TO THE EXTENT THAT SUCH CLAIM RESULTS FROM THE BREACH OR NEGLIGENT PERFORMANCE OF THE CONTRACT BY THE AFFILIATE, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; AND
(B) ANY CLAIM BROUGHT AGAINST THE COMPANY FOR ACTUAL OR ALLEGED INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF, OR IN CONNECTION WITH THE AFFILIATE SERVICES (EXCEPT TO THE EXTENT THAT THE CLAIM ARISES FROM THE COMPANY’S ACTS OR OMISSIONS).
10.2 This clause 10 shall survive the termination of the Contract.
11. LIABILITY
11.1 EXCEPT FOR ANY LIABILITY ARISING UNDER CLAUSE 11.1, neither party shall be held accountable to the other for any:
(A) LOSS OF REVENUE OR PROFITS;
(B) LOSS OF BUSINESS;
(C) LOSS OF DATA;
(D) LOSS OF GOODWILL;
(E) WASTED MANAGEMENT OR OFFICE TIME;
(F) SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS.
These are valid WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
12. TERMINATION
The Contract can be terminated at any time
12.1 EITHER PARTY MAY TERMINATE THIS CONTRACT AT ANY TIME (AND WITHOUT HAVING TO PROVIDE REASONS) BY SERVING NOTICE IN WRITING TO THE OTHER PARTY.
Actions required upon Contract termination
12.2 Upon termination of the Contract for any reason, the Affiliate shall immediately cease providing the Affiliate Services and within 48 hours:
(A) remove all Company Materials along with any other references to the Company;
(B) destroy any electronically stored information that the Affiliate has received from the Company (including any Company Materials that the Affiliate has downloaded);
(C) destroy any hard copies of materials created by the Affiliate for the purposes of performing the Affiliate Services; and
(D) upon request, certify to the Company that it has complied with the provisions of this clause.
13. GENERAL
Force Majeure
13.1. Neither party shall be held accountable to the other for any delay or failure to fulfill its obligations under the Contract if such delay or failure is caused by an event or circumstance beyond that party's reasonable control, which could not have been anticipated or, even if foreseeable, was unavoidable.
Assignment, Subcontracting, and Change of Ownership or Control
13.2. The Affiliate cannot assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights or obligations under the Contract without prior written consent from the Company. The Affiliate must notify the Company in writing within seven days of any change of ownership or control of the Affiliate and provide any reasonably requested information about the new owners or controllers.
13.3. The Company may at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
13.4. Any notice or communication is considered received if personally delivered to the Company address mentioned above or, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by email, on the day of transmission.
13.5. Clause 13.4 shall not apply to the service of any proceedings or other documents in any legal action.
Waiver
13.6. A waiver of any right under the Contract is only effective if it is in writing and it shall not be considered as a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall be considered as a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severance
13.7. If a court or any other competent authority finds that any provision (or part of any provision) of the Contract is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
13.8. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
No Partnership
13.9. Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as an agent for, or to bind, the other party in any way.
Third Parties
13.10. The Affiliate and the Company, may enforce the terms of this Contract in accordance with this clause, this Contract, and the Contracts (Rights of Third Parties) Act 1999.
13.11. Except as provided in clause 13.10, a person who is not a party to the Contract shall not have any rights under or in connection with it.
Variation
13.12. Any changes, including any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by the Company.
Governing Law and Jurisdiction
13.13. The Contract, 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Palsar Capital Limited, henceforth referred to as “We” “Our” “Us” provides an affiliate programme to promote our clients on whose behalf We administer and manage the affiliate program. In this policy “affiliate” “you” and “your” refers to the individual entity that has agreed to promote the brands we provide marketing services for, in accordance with this Privacy Policy.
This Privacy Policy is designed to help you understand how we collect, use and safeguard your information.
This privacy policy should be read in conjunction with the Affiliate Programmes Terms and Conditions. By entering into any kind of contract with Palsar Capital Limited, you agree to the contents of this privacy policy. If you do not agree with any section of this privacy policy, you should not attempt to use our service.
The Data Controller is Palsar Capital Limited t/a Raven of Glassworks, 1 Back Turner Street, Manchester, M4 1FR
All queries in regards to this privacy policy should be addressed to the Data Protection Officer at the above address, who can also be contacted directly at compliance@raventrack.com
We collect and process the following data from (and about) you:
We implement effective processes to identify, manage, monitor and report risks and internal control mechanisms. These controls include secure systems and networks, and clear processes for privilege access rights. All data is stored securely.
Our lawful basis for processing personal data include:
We may disclose your personal data to:
All processing of information will be governed by the appropriate data protection laws.
We will not send promotional or direct marketing, inclusive of email, SMS, or automated calls, without first obtaining your specific consent.
The consent requires a positive Opt-In either in electronic format, verbally or in writing. The consent will be clear and specific, granular, separate from other Terms and Conditions, name any third parties relying on the consent, and be easily withdrawable.
We will not transfer Personal Data to recipients in Third Party countries that are outside of the EEA, or are not currently recognised by EU law as having an adequate level of legal protection for the rights and freedoms of data subjects unless:
You may request that your Personal Data be anonymised in the following circumstances:
We will only retain data for the necessary time to complete the task that the data was collected for, or to meet our legal obligations.
You are entitled to a file a Subject Access Request (SAR) to obtain a copy of the personal information which we hold about you. If you wish to receive a copy of this information, please contact your account manager, or the DPO directly, and allow up to thirty calendar days for the information to be collated and provided to you. Please note that your identity will need to be confirmed in order to complete a SAR, which may include the disclosure of other personally identifiable documentation in order to prove your identity (such as a passport scan, or valid proof of address) before commencing with the process.
By using the Raven website, you consent to our use of ‘cookies’. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use cookies and the information gained from them to analyse site usage, with this information used accordingly to improve our content and site layout and to remember your onsite preferences.
If you prefer, you can disable cookies in your web browser. The ‘help’ menu on the menu bar of most browsers will have a functionality to disable cookies.
Palsar Capital Limited do not use any automated systems in order to make decisions regarding your account which have any legal effect on You.
Please let us know if you are unhappy with how we have used your personal information in writing to the Data Protection Officer, who will be able to assist further with your complaint or concern. You also have the right to complain to the Information Commissioner’s Office.
This Privacy Policy is kept under continued review by Palsar Capital Limited and can be amended by Us at any time, and without notice to you. Whenever a change is made to the privacy policy which will affect your rights as a data subject, or change the intended processing purposes, then you will be notified directly and asked to agree to the new privacy policy. If you disagree with the changes made to the privacy policy, you retain the right to withdraw consent for future processing, as stated in the introduction to this policy.
This version of the Privacy Policy is effective as of September 20th 2018.
This web service is brought to you by Digital Rush Ltd via the Digital Rush Partners website ("the Website").
This policy outlines how we gather, utilize, retain, and erase your personal data, as well as the decisions you have concerning how your data is handled. We recommend that you read this Privacy Policy thoroughly.
In this Privacy Policy, references to "We", "Us", and "Our" are to Digital Rush Ltd., as defined further.
ABOUT DIGITAL RUSH LTD
Digital Rush Ltd is a part of the wider Digital Rush company, which operates gaming venues throughout Europe and hosts numerous digital gaming websites. The data controller for the purposes of this Privacy Policy is Digital Rush Ltd, located at Yakum Greenspace, Israel. Digital Rush Ltd. renders services on the Website via several software and/or platforms (jointly referred to as 'Platforms'):
Websites
Mobile applications
Downloadable applications
Non-Downloadable applications
Social Media Networks
This policy clarifies how we utilize your personal information. We periodically review this policy and any minor changes we make regarding how we process your data will be reflected in this policy. We urge you to frequently review this policy for the most recent information. If there are significant changes to how we process your data, we will inform you either via the Website or by directly notifying you.
We respect your personal data as your property and we encourage you to read this policy carefully so that you can make informed decisions regarding how your personal information is used.
By interacting with our Website, you affirm that you have read and comprehended this Privacy Policy.
What constitutes personal data?
Information provided by you
Upon registering with us, we will require you to share details such as your first and last names, email address, date of birth, postal address, and phone number.
Payment Details
In order to process your commission payment, we will ask for your bank account information.
Additional Information
We collect further details when you reply to our communications, interact with us through email, or share extra information about yourself via the Platforms. This could include information about your website, traffic sources, or communication through chat, Skype, WhatsApp, and email.
Information we collect from your use of our website
We automatically collect information each time you visit or utilize our site. This includes:
We may gather specific connection details and information regarding your device, software, or hardware that may identify you. This includes unique identifiers of your device, the IP address used to connect your device to the internet, login details, type and version of your browser, timezone setting, browser plug-in types and versions, operating system, platform, and geolocation data (to comply with our anti-money laundering policy). We utilize Google Analytics and adhere to the Google Analytics Terms of Service, subject to the Google Analytics Policies.
Information we collect from other sources
We may gather personal data about you from other sources (e.g., third-party service providers). This is done to confirm your identity and prevent fraudulent or unlawful activities.
UTILIZATION OF COLLECTED INFORMATION
We utilize and share personal data for the following purposes:
To create your account with us;
To update your account details;
To manage our platform;
To confirm your identity during account creation and sign-in to our platform, such as:
Identifying a registered Affiliate user as the valid owner of the website they want to include advertising material on, provided by our platform.
Processing the payment of Affiliate commissions.
Communicating with you and keeping you updated on our latest offers and promotions;
With your prior approval where required by law, a member of our group will use your personal data for marketing analysis and to send you promotional updates via email, post, phone, direct messaging, direct mail, and other digital channels (pop-ups, push notifications, banner advertising, etc.) about our products/services, promotional materials, as well as products, services, websites, and applications from companies within the Group and our Trusted Partners which may be of interest to you. You can opt-out of further marketing at any time by updating your contact details within your account, clicking the "unsubscribe" link at the end of all our marketing and promotional updates, or by sending an email to: affiliates@digitalrushpartners.com.
To assist with any queries you might have;
To process any information requests from you;
To notify you of updates to our software and/or services;
To investigate and resolve any disputes concerning your use of our services;
To comply with our licensing conditions with the UK Gambling Commission and the Alderney Gambling Control Commission;
To conduct credit searches;
To improve user experience through data collected via analytics;
To perform due diligence;
To detect and prevent fraudulent activities;
To comply with legal, regulatory, or other governmental authority requirements;
We may also use other types of information to monitor site usage, which helps us in improving our site and services.
SHARING OF DATA
We do not trade or share your personal data with third parties unless it's specified in this Privacy Policy. Your personal data will only be disclosed to a third party as necessary for the purpose specified in this Privacy Policy.
Who might your data be shared with:
Your data might be shared with any member of our Group (as defined in this Privacy Policy), who assist our processing of personal data under this Privacy Policy. If any of these parties use your information for direct marketing, we will only transfer the data to them for that purpose with your prior consent. Our selected third parties may include:
Organizations that process your personal data on our behalf, following our instructions and applicable data protection laws. These organizations assist in offering our services through the Site, including those providing website and data hosting services, supporting or updating marketing lists, providing IT support services, and assisting with feedback on our services. They will only use your personal data as necessary to perform their support functions.
Advertisers and advertising networks needing the data to select and serve relevant ads to you and others. We don't disclose identifiable individual's information to our advertisers but provide them with aggregate information about our users. We may also use this aggregate data to help advertisers reach their target audience.
Business partners who offer services to you and with whom we have agreements concerning the processing of your personal data.
Credit reference agencies for assessing your credit score, a condition of our contract with you.
Payment processing providers offering secure payment processing services.
Your personal data will be disclosed to third parties in these instances:
If we sell or purchase any business or assets, we will disclose your personal data to the prospective seller or buyer of such business or assets, in accordance with this Privacy Policy.
If Digital Rush Ltd. or a member of the Group has its significant assets acquired by a third party, the personal data about its customers will be among the transferred assets.
If we are obliged to disclose or share your personal data to comply with any legal requirement, or to enforce or apply our supply terms and other agreements with you; or to safeguard the rights, property, or safety of our Group, our customers, or others. This includes sharing information with other companies and organizations for fraud protection, credit risk reduction, and cybercrime prevention.
GLOBAL DATA HANDLING
Digital Rush Ltd. operates on an international scale, which could necessitate the transfer of your Personal Information to locations outside the European Economic Area ("EEA") that might not have equivalent data protection laws. When transferring your data outside the EEA, we put in place agreements that include standard data protection clauses to ensure the protection of your personal data with adequate safeguards.
Your personal information may be transferred outside the EEA for the following reasons:
For storage purposes.
To provide you with our goods or services and fulfill our agreement with you, including order fulfillment, payment processing, and support service provision.
To comply with our legal obligations.
To facilitate the functioning of Digital Rush Ltd., provided it aligns with our legitimate interests and does not infringe upon your rights. In such cases, we will ensure your Personal Information is protected by suitable safeguards and treated securely, in accordance with this Privacy Policy.
DATA PROTECTION
The information you provide us with is stored on our secure servers. Payment transactions are encrypted using SSL technology. If we have provided you with a password or if you have chosen one to access specific areas of our website, you are responsible for keeping this password confidential. We urge you not to share your password with anyone.
However, please note that data transmission over the internet is not entirely secure. Despite our best efforts to protect your personal data, we cannot fully guarantee the security of data transmitted to our site; thus, any transmission is at your own risk. Once we receive your information, we apply strict security measures and procedures to prevent unauthorized access.
We prioritize cyber-security not only to safeguard ourselves but also to protect our clients and their data. To prevent unauthorized access and ensure data security, integrity, and privacy, we have established multiple layers of physical and technological controls, which include but are not limited to:
Firewalls, network segmentation, intrusion detection and prevention systems.
Penetration testing and vulnerability remediation.
Data encryption protocols for data at rest or in transit.
Strict access control and authentication procedures.
Regular cyber-security audits.
Please be aware that our website may contain links to external sites from time to time. We do not hold responsibility for the privacy policies or content of these sites.
PROTECTING MINORS
Our application is not intended for use by children under 18 years of age, and we do not knowingly collect or solicit data from or market to such individuals. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should immediately reach out to us at compliance@digitalrushltd.com.
We commit to promptly erase any such information from our records.
UPDATING OUR PRIVACY POLICY
We reserve the right to modify this Privacy Policy at our discretion. The most recent version will always be accessible on this Site, and substantial changes will be communicated to you via email. Your continued usage of our services, following the announcement of any modifications to this policy, implies your acceptance of these changes.
The Privacy Policy was last revised on August 2, 2023.
GETTING IN TOUCH WITH US
We value your feedback about our Site and Privacy Policy. If you have any questions, comments, or concerns, please email us at affiliates@digitalrushpartners.com.
DATA RETENTION PERIOD
We retain your Personal Information as long as you maintain an account with us, to fulfil our contractual obligations to you and to comply with our license conditions with the UK Gambling Commission and Alderney Gambling Control Commission. Furthermore, we keep this information for 5 years after the conclusion of your business relationship with us. For research purposes and to enhance our services, we may retain aggregated data beyond this time frame. This aggregated data cannot be used to identify you.
YOUR PRIVACY RIGHTS
You have the right to:
Request access to your Personal Information held by us. Upon request, we will supply you with a copy of this data. We may charge a nominal fee to cover administrative costs associated with providing this information.
Request correction or deletion of your Personal Information, where applicable.
Request the restriction of your Personal Information processing while we look into your concerns.
Object to direct marketing, and in some instances, object to our processing in general.
If the processing of your data is based on your consent, receive your Personal Information in a commonly used electronic format or ask us to move the data in this format to another provider. This applies to data you have directly provided to us and is technically feasible (data portability).
Withdraw your consent at any time when the processing depends on consent.
You also have the right to lodge a complaint if you are not satisfied with the response you receive. You can refer the matter to your data protection supervisory authority.