Simsino Partners Affiliate Terms and Conditions

Version 1.0, 01.05.2022

By accepting these terms and conditions, you are agreeing to a binding contractual agreement between you and Caishen Limited (C 81190) with registered address at 15 Manuel Bonnici Street, Burmarrad, SPB6041, Malta (hereinafter ‘Company’).

When using this website and/or registering as an affiliate with the Company, You agree to be legally bound by, and comply with, the following terms and conditions.

These terms and conditions shall replace any previous terms and conditions applicable to such contractual instrument determined between the parties.

Definitions

Administrative Fee

The value of free credits, fraud adjustments or cash handed out to Referred Players by the operator or any other direct costs incurred to maintain the loyalty of a Referred Player (e.g. the cost of a gift to a Referred Player).

Affiliate

You, the person (whether an individual or a company) who joins the Simsino Partner’s Affiliate Programme.

Affiliate Account

An account in the name of the Affiliate on MyAffiliates.

Affiliate Link/s

Internet hyperlinks used by the Affiliate to link the traffic from the Affiliate website to the operator website.

Affiliate Network

An individual and/or entity that sends traffic from other affiliates with whom they have an agreed deal, which is separate from the Company.

Affiliate Website/s

Any website/s on the world wide web which is maintained, operated or otherwise controlled by the Affiliate.

Applicable Law

All laws, statutes, regulations, edicts, by-laws, mandatory codes of conduct and mandatory guidelines, whether local, national, international or otherwise existing from time to time, which are legally binding on either Party and which are applicable to that Party's rights or obligations under this Agreement.

Balances Carried Over

In the calculation of commission due to the Affiliate where Net Win is negative due to the Customer winnings and/or Administrative Fees etc., the said negative balance will be carried over to the following month(s) unless otherwise stated in a specific separate agreement with the Affiliate.

Chargeback

Any situation where a payment transaction of the Referred Customer is either revoked, incomplete or for which a credit is otherwise given. Chargebacks are regarded as Fraud for the purposes of calculating net revenues.

Cost Per Acquisition

If You are enrolled in the Simsino Partners Affiliate Program on a Cost Per Acquisition (CPA) basis – acquired Referred Customers are determined as depositing players with total accumulated deposits at the Website reaching an agreed threshold.

Data Protection Laws

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 with national implementations as applicable ('GDPR') and Chapter 586 of the Laws of Malta ('MDPA') including any subsidiary legislation issued thereunder (as may be amended from time to time) and also, where applicable, the guidance and codes of practice issued by any relevant supervisory authority or similar authoritative entity.

Fraud

Any form of fraud committed by an Affiliate and/or a Referred Player, which in the Company’s sole opinion, is purposely practiced by an Affiliate and/or a Referred Player in order to secure an unlawful gain, including but not limited to:

Chargebacks;
Bonus abuse by a Referred Player or group of Referred Players;
Referred Player deposits and closes their account with in 12 hours;
Inspiration to a Referred Player to abuse bonus offers;
Collusion on the part of the Referred Player with any other Referred Player(s);
Your (or a third party's) offering or providing unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up;
Dropping cookies;
A Referred Player holding numerous accounts;
Fraud Costs;
The costs incurred by the Company as a direct or indirect result of Fraud committed by You, Your employees, business partners, Sub-Affiliates, Referred Players, and/or third parties linked to your Affiliate Account.

Gross Win

The total revenue generated by all Products as a result of all bets and/or deposits by Referred Players tagged to Your Affiliate Account.

Market

Market(s) in which the Company accepts traffic from and which shall be duly notified to the Affiliate.

MyAffiliates

A commercial platform used by both the Company and the Affiliate to track the Affiliate’s marketing campaigns and commission.

Net Win

Gross Win minus Bonuses, Progressive Contributions, Fraud Costs, Taxes, Administrative Fee and any other network fees.

Product/s

Online casino products for which professional services are rendered by the operator with which the Company has a service agreement.

Referred Player

An individual who has registered for an account with the Comapny for the first time, directly through one of Your Affiliate Links.

Simsino Partners Affiliate Programme

The Simsino Partners Affiliate Programme operated by the Company whereby the Affiliate promotes the Websites via Affiliate Links.

Sub-Affiliate/s

An individual/corporate entity/organisation that the Affiliate has a business relationship with and who operates for the Affiliate with the purpose of driving traffic to the Websites.

Websites

The Website to which the Affiliate is to bring traffic under the Simsino Partners Affiliate Programme and as shall be notified by the Company to the Affiliate from time to time.

Affiliate Appointment

The parties hereby agree that this Agreement will become binding on each of them at the point the Affiliate is approved to be a participant in the Simsino Partners Affiliate Program.

The Affiliate acknowledges and agrees that they are not an employee, agent or subcontractor of the Company or any company in the same group of companies as the Company and is not connected in any way to a person or company which meets this definition.

Your Obligations as an Affiliate

2.1. Linking to the Websites

By agreeing to participate in the Simsino Partners Affiliate Programme, you are agreeing to create and maintain unique links from the Affiliate Website to the Website(s).

You are not allowed to register for the Simsino Partners Affiliate Programme if your Affiliate Website is considered inappropriate.

Solely where it is necessary for the Company to ensure compliance, you shall permit the Company (or a person on the Company’s behalf) to reasonably audit Your books, records, systems, data, marketing communication consents and other materials.

You shall take realistic steps to ensure the reliability and appropriate training of Your employees, officers and representatives so that they understand the data protection and marketing requirements applicable to both the Affiliate and to the Company and the operator.

2.2. Spamming

The Company shall terminate this Agreement immediately and without possibility of recourse if any form of spamming or advertisement of the Company’s and/or the operator’s services is executed in any other way other than the ones agreed upon. You have no authority to give warranties or claims of representation with the Company and/or the operator.

2.3. Registering of Domain Names

You and any third party appointed by You, shall refrain from registering (or applying to register) any domain name similar to any domain name used by the Company

You hereby agree to transfer immediately and without any remuneration or compensation all and any ownership of domain which is the same or similar to the Website.

2.4. Bidding on Brand Terms

You 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 the Company's trademarks or otherwise include the word “Caishen”, “Simsino” or related or similar terms.

2.5. Appointment

This Agreement does not grant You an exclusive right or privilege to assist the Company in the provision of services arising from Your referrals.

2.6. Approved Layouts

You shall only use the Company's approved marketing materials (such as banners, html mailers, editorial columns, images and logos) and shall not alter their appearance nor refer to the Company and/or the Website and/or the operator in any promotional materials other than those that are available through Your Affiliate Account. In particular please You shall not create a direct link to the promotional materials on www.simsinopartners.com

Marketing materials made available by the Affiliate shall always follow and comply with the Market's Applicable Law.

2.7. Good Faith

You will not knowingly benefit from known or suspected traffic that is not generated in good faith whether or not it actually causes the Company damage. The Company reserves the right to retain all amounts perceived due to You under this Agreement if the Company in its sole and absolute discretion has a reasonable cause to believe that such traffic was not generated in good faith.

The Company also reserves the right to withhold Affiliate payments and/or suspend or close Affiliate Accounts where Referred Players are found to be abusing any offers or promotions on the Website, whether with or without Your knowledge.

The Company does not accept traffic that is aimed at children, promotes discrimination based on race, sex, religion, nationality, disability, promotes violence, includes pornographic or narcotic material, sexual orientation, age, promotes illegal activities, or violates any intellectual property rights of the Company, the operator or third parties.

It shall be your sole obligation to regularly monitor any and all of Your Networks and traffic sources to ensure full compliance with this clause at all times.

You shall not receive any fees or commission on any player account opened in Your name or Your family members’ name or any other related (personal or business) persons.

2.8. Responsibility for Your Affiliate Website

You will be solely responsible for the development, operation, and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. The Simsino Partners Affiliate Programme is intended for Your direct participation. You shall not open Affiliate Accounts on behalf of other participants or third parties. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting the Company. Approval is solely at the Company's absolute discretion.

2.9. Confidential Information

During the term of this Agreement, You may be trusted with confidential information relating to the Company’s or the operator’s business. You agree not to disclose any confidential information to third persons or outside parties or use this information for purposes out of the scope of this Agreement unless you have the Company’s prior written consent. Your obligations with respect to confidential information shall survive the termination of this Agreement.

2.10. Data Protection

For the purposes of the Data Protection Act 2018, and the General Data Protection Regulation, the Company remains the data controller. For the avoidance of doubt no Data Controller / Data Processor relationship or Joint Data Controller relationship is created by this Agreement.

Nevertheless, by agreeing to participate in this Simsino Partners Affiliate Programme you shall at all times comply with the Data Protection Act 2018, the General Data Protection Regulation, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and/or any other related or similar Applicable Law. Failure to do so will cause the termination of this Agreement with immediate effect.

Your data will be stored for the period of the contract and following the termination of the Agreement. You acknowledge that it may be needed for the performance of this Agreement to share Your data, including Your personal data, without limitation in order to grant or enforce the license to the licensed IP and/or to process payments and manage the relations with the Affiliates.

At any time, you have the right to:

Request access to Your personal data
Restriction of processing of Your personal data
Object to the processing of Your personal data
Lodge a complaint with a supervisory authority
Erasure of Your personal data
Rectification of Your personal data
Withdraw Your consent at any time

2.11. Anti Money Laundering Provision

You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities, the jurisdictions in which the Company operates have strict laws on money laundering and it is the Company's obligation to report to the federal and/or local authorities if it has a reason to suspect that any transactions which you are involved in either directly or indirectly are from illegal activities or are to facilitate criminal activity.

You shall comply fully and promptly with any anti-money laundering related requests.

The Company may at any time request You to provide documents for due diligence purposes, including but not limited to, passport copies, group structure charts, official business records, bank account statements, agreements, etc. Failure to oblige with such requests within 30 days will force the Company to terminate our business relationship and no future commission will be paid out for any Referred Player, regardless of any individual agreement for such Referred Player.

2.12. Restricted Territories

Please note that individuals who are residents of, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Burundi, Cape Verde, Cambodia, Cameroon, Central African Republic, Chad, China, Costa Rica, Cook Islands, Colombia, Comoros, Congo, Democratic Republic of the Congo, Croatia, Cuba, Curacao, Czech Republic, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, France, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Hungary, Indonesia, Iran, Iraq, Israel, Jamaica, Jordan, Kazakhstan, Kenya, North Korea, South Korea, Kiribati, Kyrgyzstan, Kosovo, Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Mauritius, Mauritania, Mexico, Micronesia, Monaco, Moldova, Mongolia, Morocco, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Nigeria, Niger, Oman, Palau, Pakistan, Panama, Papua new Guinea, Paraguay, Philippines, Poland, Rwanda, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Zimbabwe, Singapore, Slovakia, Solomon Islands, Somalia, Sri Lanka, St. Kitts and Nevis, Sudan, South Sudan, Suriname, Swaziland, Switzerland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, East Timor, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States of America, Uruguay, Uzbekistan, Vatican City, Vanuatu, Vietnam, Yemen, Zambia, or any other jurisdiction where participation would be in conflict with any Applicable Law are not allowed to register and play at any of the Caishen sites.

The Company and/or the operator cannot accept any traffic coming from .nl sites, third party marketing specifically for The Netherlands and/or any marketing activities in Dutch.

The Company reserves the right to update this list at any time and to take legal measures against You, should You advertise the Company’s Website(s) to any individuals within the above-mentioned jurisdictions.

Copying of Sites or Theft of Site Content if it can be reasonably verified that Affiliate earnings have been lost due to an incident of copying theft from another Affiliate, the Company reserves the right to pay the damages from the revenue generated by the offending Affiliate. All complaints should be sent to admin@simsinopartners.com for investigation.

Your Warranties

By applying to be registered as an Affiliate, You warrant the following:

The information you provide the Company upon registration is complete, valid and truthful, as is any other information You provide thereafter during the term of this Agreement;
You shall keep all and any information provided to the Company up-to-date

In the event that You are not an individual, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such Affiliate company/corporate entity/organisation;

Upon the Company’s request, You are to provide any due diligence information, including but not limited to: proof of identity; incorporation documents; proof of address; company and/or group structure; verification documents regarding board members, directors, shareholders and beneficiaries; confirmation or otherwise of any political connections, sanctions, and adverse media; and any other corporate documents and/or certificates. Should You fail to provide such documentation, the Company reserves the right to suspend Your Affiliate Account and all and any payment to You.

Affiliate Commission

4.1. Information on Commission

Please refer to Your account on MyAffiliates for specific information regarding Your commission.

Neither You nor Your relatives are eligible to become leads or money players under any of Your commission plans and should You or they do so, You will not be eligible to receive the relevant commission. For this purpose, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. The number of leads per individual household computer is strictly limited to one (1). The Company’s measurements and calculations in relation to the number of money players and the relevant Gross Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal. The Company shall make the number of your money players and the relevant Gross Revenue figures available to yYou through the Affiliate information site that is located on Your Affiliate Account. To permit accurate tracking, reporting, and commission accrual, You must ensure that the links between your Affiliate Website(s) and the Websites are properly formatted throughout the term of this Agreement.

4.2. Calculation and Payment

During the term of the Your registration in the Simsino Partners Affiliate Programme, the Company shall pay You commission on a Revenue Share basis, based on income generated by Your Referred Players and through the continued promotion of the Company’s and/or the operator’s products and services offered through the Website(s). Your Revenue Share is calculated from the operator’s earnings of Your Referred Players minus any game provider fee(s), bonuses (incl. paid loyalty), jackpot fees, regulator taxes, bank fees, fraud costs and chargebacks. By applying via this portal, the standard revenue share is 25%. If you would like to discuss other options or individual agreements, please contact us on admin@simsinopartners.com.

All individual commission plans much be approved in writing by a duly representative of the Company before any commission can be calculated and paid.

If You are enrolled in the Simsino Partners Affiliate Program on a Cost Per Acquisition (CPA) basis, the following terms apply (where not agreed otherwise with you).

the Company will pay out an individually agreed upon CPA amount for Referred Players;
Referred Players are determined as depositing players with total deposits reaching a minimum agreed amount at the Website(s);
Should the Referred Player process a chargeback, the disputed or charged-back revenue generated by the Affiliate will be forfeited and therefore the CPA amount will not be paid to the Affiliate;
Complimentary money, free money and other incentives refer to those amounts credited to the account of Referred Player(s). As they have not purchased these amounts we will not consider these amounts as deposits;
The Company reserves the right to move CPA Affiliates into a revenue share program by giving the Affiliate a minimum of 24 hours' notice. Should the Affiliate not agree with this, the Affiliate may terminate the Agreement as set out in clause 5 of the Agreement.

Payments are settled every month, always one month in arrears.

The minimum commission pay-out that can be made to Your Affiliate Account is €500. In the case that your commission for the month is lower than €500, the amount is kept on the account, and will be paid out once a minimum of €500 is achieved.

Referred players who do not login to their account with the operator for a period of 90 consecutive days will be untagged from the Affiliate Account and no further commission will be paid for such Referred Players.

If You are deemed in breach of Your obligations, subject to You proving to our satisfaction that You were not in breach, the Company has the right to withhold and retain any payments due to You until you are deemed to comply with Your obligations, and/or to deduct costs, expenses and damages suffered by the Company in connection with the breach of Your obligations, and/or to wholly or partially forfeit, cancel and confiscate any and all commission which would otherwise have been due to You and for the avoidance of doubt this includes any commission which would otherwise have been earned by You in the future in respect of Affiliate's Referred Player(s) referred by You prior to the breach of Your obligations.

In cases where the Affiliate commission due for the month is negative, minus €4,000 or more, and that Affiliate has an individual Referred Player that has generated a negative Net Revenue of minus €5,000 or more, the Company reserve the right to place that specific player in quarantine until such time that the specific Referred Player has generated sufficient Net Revenue in future months to offset the Referred Player’s negative net revenue.

4.3. Calculation of revenue share

The Company reserves the right to change the commission model at any time with a 24 hours' notice to the Affiliate.

4.4. Payment Options

Upon registration, You may select a payment method through your Affiliate Account. You may only choose Bank wire transfer to a bank account in Your name.

You have the right to request for payment any unpaid amount due within six (6) months from the date on which such commission was generated. Should you fail to send the Company an invoice, or otherwise fail to claim it within that time frame, such amount shall be written off and You will no longer have the right to claim it.

The Company aims to process the fees earned in the previous month by the 30th of the following month, however the Company shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.

You have the right to dispute or contest any amounts or commission reflected in MyAffiliates which are due to you within 5 days from the date when they were generated. After 5 days, such amount shall be considered final and cannot be disputed or contested under any circumstance.

For the avoidance of doubt, wherever the Company suspects that You or a Referred Player has committed Fraud, the Company reserves the right to deny You any payments related to the matter and/or terminate the Agreement.

Term and Termination

5.1. Term

The term of this Agreement will commence on the date of approval by the Company of Your registration in accordance with clause 1 and shall continue until terminated on notice by either Party.

5.2. Termination

The Company may terminate this Agreement at any given time, without assigning any reason thereto, with such termination being effective within twenty-four (24) hours of notification. Affiliates may terminate this Agreement at any given time, without assigning any reason thereto, by providing the Company with at least thirty (30) days' notice in advance. For the purposes of notification of termination, either Party shall notify the other in writing, and notification via e-mail will be considered as a written form of notification and the Agreement shall terminate accordingly.

5.3. Consequences of Termination

Upon termination of the Agreement the Affiliate must remove all references to the Website or Simsino from the Affiliate Website(s) and communications.

The Affiliate will only be entitled to such commission that is earned but unpaid as of the effective termination date of this Agreement; however, provided that the Company may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive xommissions after the effective termination date.

Representation of the Company

You shall not make any claims, representations, or warranties in connection with the Company, the operator, or any related companies, and You shall have no authority to, and shall not, bind the Company or the operator, or any of their related companies to any obligations outside of this Agreement, unless agreed to in writing by the Company.

The Website, including text, images, links, downloads and coding are provided “AS IS” and “AS AVAILABLE”. Neither the Company not the operator make or give any warranties or representations (whether express or implied by law, statute or otherwise) with respect to the Simsino Partners Affiliate Program, the Website, or any content, products or services available therein or related thereto or that the Website, systems, networks, software or hardware will be error-free or uninterrupted or with respect to the quality, merchantability, fitness for particular purpose or suitability of all or any of the aforegoing. Except as expressly stated otherwise in this Agreement, all warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law.

Liabilities

The Company’s and/or the operator’s obligations under this Agreement do not constitute personal obligations of the represented brands, owners, directors, officers, employees, vendors, suppliers, partners, affiliates and/or agents of the Website or the products and services offered on the website. Other than as expressly provided in this Agreement, in no event will the Company and/or the operator be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data incurred or suffered by the Affiliate, visitors, users or any other persons resulting from the use or inability to use the Websites. The Company’s liability arising under this Agreement, whether in contract, delict (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed the revenues generated and payable to the aggrieved Affiliate hereunder over the six (6) month period prior to the cause of action arising.

The Affiliate agrees to defend, indemnify and hold harmless the Company, the operator of the Website, their officers, directors, employees, suppliers, partners, and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees), action or application or other proceedings, including for attorneys’ fees and related costs made by a third party and arising out of or in connection with the third parties’ use of the Website or for any other cause relating to the Simsino Partners Affiliate Program and the Affiliate’s membership thereof.

Variations

The Company is entitled to amend and/or modify these Terms and Conditions at any time, and to do so in its absolute and sole discretion, by either (i) emailing You a change notice or (ii) by posting the new version of the Agreement on www.simsinopartners.com. It is Your responsibility to visit the said website frequently to ensure You are up to date with the latest version of the Agreement and its provisions. If such modification is unacceptable to an Affiliate, the Affiliate has the right to terminate further participation in the Affiliate program (in accordance with the notice period) and request the closing of their Affiliate account. Your continued participation in the Simsino Partners Affiliate Program following such a change notice shall be deemed binding acceptance of the modification.

9. Governing Law

The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta.

Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. For the avoidance of doubt, this clause shall not apply to Affiliate Networks.

10. Force Majeure

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 an event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented. In the case of the force majeure event subsisting for a period exceeding continuously thirty (30) days, either Party may terminate this Agreement with immediate effect by providing a written notice.

Last updated 1^st May 2022

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