OneUp Affiliates - Terms and Conditions Program
October 2022 | Version 2
The below is an agreement between you (“you” or the “Affiliate”) and OVCFT Limited, a company incorporated in Cyprus, with registration number HE 424306 with its registered address at Agias Zonis, 22A, 1st Floor, Office 101, 3027, Limassol, Cyprus. (Referred to as “OneUp Affiliates”, “us” or “we”).
Please read the Affiliate Agreement carefully to ensure you understand your rights and obligations. You shall be bound by this agreement, the general Terms and Conditions and Privacy Policies of the OneUp Affiliates Websites along with any other changes and/guidelines that may occur from time to time.
By finalizing the Affiliate application to the Affiliate Program and clicking “I have read and agreed to the Affiliate Terms and Conditions (the “Terms”)” on the registration form, and/or by accessing and utilizing any of the marketing tools or accepting any reward and/or commission, either contained in the Affiliate Agreement or elsewhere as part of the Affiliate Program, you (hereinafter the “Affiliate”) hereby agree that you have read and understood the Affiliate Agreement and confirm that you will abide by all the Terms and Conditions set out in this agreement.
If you do not agree to these terms and conditions, it is your responsibility to terminate in conformity with section 7 set out below. If you do not terminate your affiliate agreement, then these terms and conditions will remain binding on you for the duration of your agreement with OneUp Affiliates.
Section 1. Definitions:
1.1 “Affiliate” refers to the individual or entity, who decides to register for the Affiliate Program.
1.2“Affiliate Account” refers to the account opened by an Affiliate after an Affiliate Application is made by the Affiliate to participate in the Affiliate Program and approved by OneUp Affiliates.
1.4 “Affiliate Application” refers to the application made by the Affiliate to participate in the Affiliate Program.
1.5 “Affiliate Program” refers to the collaboration between OneUp Affiliate Program and the Affiliate. This is where the Affiliate agrees to promote the Brand Websites and will be paid a commission as underlined in the Affiliate Agreement depending on the traffic generated to the websites subject to the Affiliate Agreement’s terms and conditions and the product-specific Commission Structure Agreement.
1.6 “Applicable data privacy laws” refers to all applicable data protection and privacy legislation that may be amended or extended or executed from time to time, including without limitation Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”);- the e-Privacy Directive (Directive 2002/58/EC) (“ePD”) as amended and as
1.7 “Commission” refers to the Net Revenue percentage as agreed in the Commission Structures for each product.
1.8 “Commission Structures” refers to the commission structures specifically agreed between OneUp Affiliates and the Affiliate.
1.9 “Confidential Information” refers to any commercial information or with other essential value relating to OneUp Affiliates such as, but without limitation, financial reports and condition, trade insights, know-how, prices, business information, products, strategies, information about New Customers, other customers and users of OneUp Affiliates Websites, technology, marketing plans and manners of operation.
1.10 “High Roller” means a customer, for which Commission is payable to the Affiliate, which generates negative Net Revenue of at least €20,000 (twenty thousand Euro) (or the equivalent in other currency) in any given calendar month.
1.11 “Intellectual Property Rights” refers to any copyrights, trademarks, service marks, domain and brand names, business names, utility brands, and registrations of the aforesaid and/or any other similar rights of this nature.
1.12 “Net Gaming Revenue” refers to: the number of real money bets on the OneUp Affiliates Websites from New Customers less (a) the money paid to New Customers as winnings, (b) bonuses and/or loyalty bonuses, (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes (g) duties or taxes (h) jackpot contribution and (i) any commissions/fees due to third parties for providing/licensing games and/or games software.
1.13 “New Customer” refers to all new first-time customers of OneUp Affiliates having made a first deposit equaling to at least the applicable minimum deposit at OneUp Affiliates Websites’ account in accordance with the applicable terms and conditions of OneUp Affiliates Websites’, but excluding the Affiliate, its employees, relatives and/or friends.
1.14 “OneUp Affiliates Websites” refers to all the websites with domain names and /or device applications: www.oneupaffiliates.com, www.oneupaffiliates.co.uk, www.mahti.com or other such websites and/or device applications as may be added to the Affiliate Program by OneUp Affiliates.
1.15 “OneUp Group Company” refers to company, subsidiary or holding company of such company, or any subsidiary of such holding company, or any other entity controlling or controlled by such party from time to time.
1.16 “Parties” refers to OneUp Affiliates and the Affiliate (each representing a “Party”).
1.17 “Personal Data” refers to any information relating an individual or legal entity that is or may be identified from time to time (directly or indirectly). It includes any/ all information in relation to Affiliates and/or New Customers.
1.19 “Sub-Affiliate” refers to an affiliate/potential lead introduced to OneUp Affiliates by an Affiliate, having no previous history of relation to OneUp Affiliates.
Section 2. The Company’s Rights and Obligations
2.1 The Company will evaluate the application and send a written notification via email to the Affiliate regarding acceptance or rejection of the application. The Company reserves the right to refuse Applications for any reason or to require further information from the Affiliate.
2.2 After the acceptance of an application, a unique player-tracking code will be assigned to the Affiliate, which the Affiliate can use to link to the OneUp Affiliates Websites.
2.3 The Company is solely responsible in relation to the Affiliate for the online gaming activities offered through the OneUp Affiliates Websites.
2.4 The Company will record the Net Revenue generated by New Customers, and the total amount of Commission earned to the Affiliate and provide the Affiliate with commission statistics.
2.5 The Company will pay the Commission to the Affiliate as described in this Agreement.
2.6 The Company reserves the right to cancel, alter, or close the Affiliate Program, and/or alter the provisions of the Agreement at any time as the Company considers appropriate at its sole discretion. Material changes will be notified to the Affiliate by pop-up message or email and take effect seven (7) days after such notice takes place. If the Affiliate does not agree to such changes, it may within the seven (7) days terminate this Agreement so that it ends on the date the changes come into force.
2.7 The Company reserves the right to determine, in its sole and absolute discretion, whether potential New Customers shall be accepted or not. The Company shall also in its sole and absolute discretion be entitled to determine whether to close a New Customer’s account if it, in the sole opinion of the Company, is necessary in order to comply with national and international regulations, obey the Company’s policy and/or to protect the interest of the Company, its customers or any third party.
Section 3. The Affiliate’s Obligations and Rights
3.1 The Affiliate hereby warrants and undertakes:
3.1.1 to, at its own expense, actively and effectively market and promote the OneUp Affiliates Websites as widely as possible to maximize the benefits of the Parties.
3.1.2 to use links, promotions, advertising, or marketing material provided solely within the scope of the Affiliate Program, and not to use any other material unless specifically authorized by the Company in writing.
3.1.3 that its activities are carried out professionally and lawfully and accordance with the terms of this Agreement.
3.1.4 that it shall always comply with the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any similar or related legislation applicable to it. This includes, among other things, that the Affiliate shall inform its users about tracking technology used and provide the users with the opportunity to reject such technology.
3.1.5 to solely use links provided by the Company within the scope of the Affiliate Program.
3.1.6 to maintain and develop the Affiliate Website(s).
3.1.7 to conduct its business in a way that reflects favourably upon the Company.
3.1.8 that its marketing activities (including Affiliate Websites) neither do nor will contain any material, which is libellous, discriminatory, obscene, unlawful, or otherwise unsuitable or which contains sexually explicit, pornographic, or graphically violent material.
3.1.9 not to target players who are under the legal age for gambling, and shall, for example, not provide facilities for gambling which are meant to appeal particularly to children or young people.
3.1.10 Not to target any jurisdiction where gambling and/or promotion of gambling is illegal or subject to a license not held by the Company. This currently includes, but is not limited to, the following jurisdictions: the U.S.A., Italy, Spain, Belgium, Denmark, China or Hong Kong.
3.1.11 Not to generate traffic to the OneUp Affiliates Websites through illegal or fraudulent activity, particularly, but not limited to sending spam and/or registering as a player or making deposits directly or indirectly to any player account. Therefore, may neither you nor your immediate family or friends become New Customers, and you shall not be entitled to any payment under this Agreement concerning such activity. Immediate family in this context means your spouse, partner, parent, child, or sibling. Violation of this provision shall be deemed as fraud.
3.1.12 not to present the Affiliate Website(s) in such a way that it might evoke any risk of confusion with the OneUp Affiliates Websites or convey the impression that the Affiliate Website is partly or wholly originated or incorporated with/from the OneUp Affiliates Websites and/or the Company.
3.2 Except for the marketing material provided by the Company and/or made available online through the website www.oneupaffiliates.com, the Affiliate may not use “mahti.com” or other terms, trademarks and any Intellectual Property Rights of the Company unless the Company consents to such use in writing. This includes the registration and usage of domain names containing “mahti”, “mahti kasino”, “mahti casino”, or misspelling of the same, as well as buying search traffic based on the search phrase “mahti”.
3.3 The Affiliate shall ensure that login details provided by the Company are kept confidential, safe, and always secure. Any unauthorized use of login details resulting from the Affiliate’s failure to protect the login information adequately shall be the Affiliate’s sole responsibility. The Affiliate remains solely responsible and liable for all activity and conduct occurring under its user ID and password. The Affiliate shall inform the Company immediately if the Affiliate suspects illegal or unauthorized use of its credentials.
3.4. The Company reserves the right to freeze the Affiliate’s account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or in breach of the terms and conditions of the Agreement.
Section 4. Ownership, use and intellectual property rights
4.2 This Agreement will not grant either party any right, title to or interest in the Intellectual Property Rights of the other Party. In other words, nothing in this Agreement shall constitute an assignment, transfer, or any other right to any Intellectual Property Rights except for the license expressly set out in this Agreement.
4.3 All Intellectual Property Rights and any goodwill arising in Links and all marketing material, products, associated systems, and software relating to the OneUp Affiliates Websites shall remain the property of the Company (or its group companies).
4.4 The Affiliate shall use every effort to safeguard the intellectual property rights of the Company. The Affiliate shall not act in a way which is inconsistent with or undermines the Company’s ownership of any of the trademarks contained in the marketing material or the Company’s license therefrom. The Affiliate shall not use such trademarks as its trade name or company name, attempt to register or challenge any name, mark, design, logo, websites, or other branding material that is similar to or may be confused with OneUp Affiliates websites and/or of the Company’s intellectual property. The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the trademarks of the Company or which include the word “Mahti” or variations thereof.
4.5 The Affiliate shall immediately notify the Company if it becomes aware of any infringement or improper use of the Company’s intellectual property. The Company is not obliged to defend its Intellectual Property rights, but if the Company opts for defending its rights, the Affiliate shall at its own cost and to a reasonable extent assist the Company.
4.6 The Affiliate may not under any circumstances combine the Company’s intellectual property with third party intellectual property unless expressly permitted. As an example, images or logotypes which are not provided by the Company may not be used in conjunction with the advertisements.
Section 5. Use of Marketing Material
5.1 The Affiliate is granted a revocable, limited, non-exclusive, non-transferable right to display the marketing material provided within the scope of the Affiliate Program on the Affiliate Website(s) for the duration of this Agreement. The Affiliate shall make no other use of the marketing material. The Affiliate shall not be entitled to sub-license or otherwise assign any right of use (in whole or in part) of the rights granted hereunder.
5.2 The Affiliate is not allowed to alter or modify any of the marketing material without the prior written permission of the Company.
5.3 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) following what is agreed between the Company and the Affiliate.
5.4 The Company reserves the right to monitor the Affiliate Website to ensure the Affiliate’s compliance with the Terms and Conditions of this Agreement and the Affiliate accepts to provide the Company with all data reasonably requested to perform such monitoring.
5.5 The Affiliate should not take any action which could confuse the relationship of the Company and/or the OneUp Affiliates Website and the Affiliate.
Section 6. Payment
6.1 The Company shall pay the Affiliate the Commission as specified below. The Commission is exclusively based on the number of New Customers and/or the revenue generated from New Customers and shall be deemed to be inclusive of value added tax or any other applicable tax. The Company reserves the right to change payment methods at its discretion. For the avoidance of doubt, when calculating the Commission, New Customers generated by the Affiliate across all Websites shall be bundled together.
6.2 The Affiliate will only qualify for CPA commission if their referred players deposit within a 30 day window. All conversions outside of this timeframe will be considered late conversions and will not be eligible for payment.
6.3 The Commission payable by the Company to the Affiliate will be calculated at the end of each month and the payment(s) will take place in the first twenty (20) working days of the next calendar month. Payment will take place only when the Commission has reached the minimum of €100. If it has not reached the minimum amount of €100, it will be accumulated and carried over to the following month(s) until the €100 is reached and/or exceeded and the Company can proceed with the payment. The Commission will be paid in Euro (€).
6.4 Where Commission earned by an Affiliate in relation to a High Roller result in a negative amount in any calendar month, the Company reserves the right to carry forward, in full, any such negative amounts and set off the amounts which have been carried forward against any future Commission payable to the Affiliate in relation to the same High Roller until the negative balance has been fully set off against future Commission.
6.5 Payment of Commission shall be realized by the payment method chosen by the Affiliate in the application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or deduct the overpayment made to the Affiliate in the future commission payment.
6.6 If the Affiliate disagrees with the balance of the Commission reported, the Affiliate should notify the Company within fifteen (15) working days, presenting the reasons for such dispute on the following email address: firstname.lastname@example.org. Failure to report a dispute within the time limit shall be considered as an irrevocable acceptance of the balance due for the period indicated.
6.7 The Affiliate’s acceptance of the payment of the Commission shall be assumed to constitute the full and final settlement of the balance due for the relevant period.
6.8 The Company may at its sole discretion withhold the payment of any balance to the Affiliate for up to one-hundred-and-eighty (180) days if the Company needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement.
6.9 The Affiliate shall return the number of Commissions received based on fraudulent or otherwise invalid transactions. Such Commissions may be deducted from future commissions until the funds have been paid back in full.
6.10 The Affiliate takes full responsibility to pay any applicable social security contributions (taxes, levies, fees, charges, and any other money payable both locally and abroad to any tax authority) on the remuneration received under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall reimburse the Company for any such cost incurred by the Company.
Section 7. Termination
7.1 This Agreement may be terminated without cause by either party with a thirty (30) day written notice via email to the other party.
7.2 The Company is entitled to terminate this Agreement with immediate effect by giving written notice of termination to the Affiliate if the Affiliate is in breach of the terms of this Agreement. If the Company stops offering its online gaming services through the OneUp Affiliates Websites, this Agreement will terminate automatically.
7.3 The Company reserves the right to terminate this Agreement with immediate effect by giving written notice of termination to the Affiliate in the following cases:
7.4 On the termination of this Agreement the Parties agree that all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate, and the Affiliate will cease the use of any trademarks, service marks, logos, and other designations of the Company. Mainly, the Affiliate must remove all references to the OneUp Affiliates Websites from the Affiliate Website(s) and close any promoting or marketing activity relating to the OneUp Affiliates Websites.
7.5 On the termination of this Agreement, the Affiliate will be entitled to already earned, and unpaid Commissions after the effective date of termination provided that the termination is not based on a breach by the Affiliate.
7.6 The Affiliate will not be entitled to any reimbursement for any advertising, market development, investments, leases, or other costs incurred before or after any termination of this Agreement.
7.7 If this Agreement is terminated due to the Affiliate’s breach of this Agreement, the Company shall be entitled to keep on hold the Affiliate’s earned but unpaid Commissions as collateral for any claim arising from such breach.
7.8 Upon the termination of the Agreement, the Affiliate is obliged to return to the Company all sorts of Confidential Information and marketing materials.
7.9 A termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred before termination.
7.10 Clauses by their nature intended to survive the termination of this Agreement, including but not limited to, Clauses 4 and 8 shall remain in force after termination.
Section 8. Confidentiality
8.1 Confidential Information shall be kept in strict confidence during the term of the Agreement and for five (5) years thereafter and may only be used for the purpose performance of this Agreement.
8.2 All Confidential Information provided or made available by the Company under this Agreement shall remain the sole and exclusive property of the Company.
Section 9. Indemnity and Limitation of Liability
9.1 The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders, and partners from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.
9.2 The Company shall not be responsible for any indirect losses or damages incurred by the Affiliate, damages due to business interruption, or loss of information, even if such losses should arise from the inability of the Company to operate its Affiliate Program as stipulated in this Agreement.
9.3 The Company makes no guarantee of the accessibility of the OneUp Affiliates websites at any time or any location. The Company shall not be liable to the Affiliate or anyone else for any inaccuracy, error or omission, loss, injury, or damage caused in whole or in part by failures, delays or interruptions of the OneUp Affiliates Websites or the Affiliate Program.
Section 10. Relationship of the Parties
10.1 This Agreement shall not allow interpreting either party as an employee, agent or legal representative of the other party; nor to create any partnership, joint venture, association or syndication among or between the Parties; nor to offer to either party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other party.
Section 11. Disputes and Governing Law
11.1 This Agreement shall be construed in accordance with and be governed by the laws of Cyprus.
11.2 Each Party irrevocably submits to the Malta Arbitration and Mediation Centre, Cyprus, over any claim, dispute or matter under or in connection with this Agreement and/or it enforce-ability.
11.3 The Affiliate must, unless otherwise agreed by the parties, or required by applicable law, treat all information disclosed during the arbitration by or on behalf of the parties and all matters relating to the arbitration (including the existence of the arbitration) and the award, as Confidential Information.
Section 12. Miscellaneous
12.1 Any notice given or made under this Agreement to the Company shall be sent by email to email@example.com. If an email is received after 5.00 pm on a Workday or occurs on any day which is not a Workday, the notice shall be deemed to have been received at 9.00 am on the next Workday. “Workday” shall mean any day which is not a Saturday, a Sunday or a bank or public holiday in the United Kingdom and/or Cyprus.
12.2 The Company shall send all notices by email to the email address supplied by the Affiliate in the application.
12.3 The Company and the Affiliate will always work in close cooperation for the mutual benefit of making the Affiliate Program a successful collaboration.
12.4 The Affiliate may not assign this Agreement or any rights here-under, by operation of law or otherwise, without the prior written consent of the Company.
12.5 The Affiliate must adhere to all regulations, regardless of whether not explicitly expressed.
12.6 Neither Party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of terrorism, floods, lightning, utility or communications failures, earthquakes, or other casualty. If such event occurs, the non-performing party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force major event subsists for a period exceeding thirty (30) days, then either party may terminate this Agreement with immediate effect by providing a written notice.
This policy is intended for everyone who uses our website oneupaffiliates.com including its sub-pages (“Website”), is an Affiliate in our Affiliate programs (or applies to become an Affiliate) or otherwise communicates with us. Please note that when you use the OneUp Affiliates sites for online gambling, the separate policies on such sites apply.
In this document we call each OneUp Affiliates legal entity “OneUp Affiliates” or “us”/“we” and we call you (a visitor/user of our site/Affiliate applicant/Affiliate etc.) “you”. The data controller is OVCFT Ltd.
This document explains how we collect, process, and store personal data belonging to you. “Personal Data” means information about you which can be used, on its own or together with other information, to identify you as a person.
*In addition to the purposes listed in the table, we may always use your Personal Data as required by law and regulation (example: to maintain and protect the gaming licenses of OneUp Affiliates).
** We may keep your Personal Data longer if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes and/or prevent fraud or abuse. We may also keep anonymized derivatives of your data for business analytics purposes where no automated decision making is involved.
When we process Personal Data for the purposes of maintaining the relationship with you, we rely on the lawful basis performing the contract we have with you or your employer. We also rely on your consent, which is freely given by you during the application process. When using and interacting with the Website, we rely on your consent as lawful basis.
We may share your Personal Data with third parties (for example, OneUp Affiliates companies or third-party suppliers) as follows:
Any third party to which the OneUp Affiliates assets are transferred will have the right to continue to use the Personal Data as set out in this document. Except for these circumstances, we will not sell or share your information to any third party.
Universal Google Analytics: These performance cookies are used to collect information about how many visitors use our website. We use the information to compile reports and to help us improve the website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from and the pages they visited. You can find information on https://support.google.com/analytics/answer/6004245.
Performance Cookies: Collect information on how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
Functionality Cookies: Allow the website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts, and other parts of web pages that you can customize. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
Targeting Cookies: Are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.
Strictly Necessary Cookies: Are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies, services you have asked for, like shopping baskets or e-billing, cannot be provided.
Since the OneUp Affiliates is multinational, your Personal Data may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). The Personal Data may be hosted on servers outside EEA. Your Personal Data may be processed by staff operating outside the EEA who works for us, or for another company within the OneUp Affiliates, or for one of our suppliers.
We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this document when transferring the Data.
We have the appropriate technical and physical safeguards to protect your Personal Data against accidental or unlawful destruction or loss, modifications, unauthorised use, disclosure or access, and all other unlawful forms of processing. We limit the access to your personal data to those who have a genuine business and need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. Since the internet is not a completely secure environment, we can’t guarantee that information you transmit via our Website will not be accessed, disclosed, altered or destroyed by breach of any of our safeguards or otherwise. We will of course follow applicable rules and processes for notifying you if this should happen.
By contacting us you can:
If you would like to exercise any of these rights, please contact us and provide enough information to identify you, proof of your identity and address, and clearly specify the information to which your request relates to.
If you have any questions, complaints or comments about this document or our use of Personal Data contact us by email at firstname.lastname@example.org.
You can also complain to your local Data protection authority.
Details of Data Controller:
Agias Zonis, 22A, 1st Floor, Office 101, 3027, Limassol, Cyprus
Last updated September 2021
© 2021 OneUp Affiliates