Version 1.1: 27/11/2024
The Affiliates Paradise Affiliate Program (“Affiliate Program”) applies to the various online platforms (“Websites”), including WeezyBet.com and other related websites as determined by Quest X Limited (“Company”), which operates under registration number 77141095 in Hong Kong. Its registered address is 15F Radio City, 505 Hennessy Road, Causeway Bay, Hong Kong.
By completing the Affiliate Program application and selecting “I agree to the affiliate terms and conditions” within the registration form, you (“Affiliate”) confirm your participation in the Program and accept the terms outlined herein (“Agreement”). Quest X Limited reserves the unilateral right to amend, update, or modify any clause within this Agreement without providing prior notice to the Affiliate.
It is the Affiliate’s responsibility to continuously adhere to these terms, along with any general terms, conditions, or additional guidelines issued by the Company. This Agreement is effective immediately upon written approval of the Affiliate’s application by the Company.
Definitions
Agreement: Includes (i) the entirety of this document, (ii) the General Terms and Conditions, (iii) any guidelines issued by the Company, and (iv) annexes or supplementary documents referred to herein.
Affiliate: Refers to the individual or business entity that applies for and is accepted into the Program.
Affiliate Application: The form completed to request participation in the Affiliate Program.
Affiliate Program: A collaborative arrangement between the Company and the Affiliate, aimed at directing new customers to the Websites.
Affiliate Website(s): Websites or digital channels operated and controlled by the Affiliate for marketing purposes.
Company: Means Quest X Limited, company registered in Hong Kong with registration number 77141095 and having its registered office at 15F Radio City, 505 Hennessy Road, Causeway Bay, Hong Kong, hereinafter “Company”; and “Confidential Information” means any information of commercial or essential value for any of the Parties including, but not limited to, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Websites, technology, marketing plans and manners of operation..
Confidential Information: Any proprietary or sensitive information of commercial value disclosed between the parties, including but not limited to strategies, customer data, marketing plans, or financial reports.
CPA Payment Plan: A one-time payment scheme for New Customers referred to the Websites, contingent upon agreement by both parties.
Data Protection Legislation: Refers to privacy laws and regulations, including the EU’s General Data Protection Regulation (GDPR) and similar national legislation.
General Terms and Conditions: Terms found on the Websites regarding usage and privacy policies.
Intellectual Property Rights: Includes rights to copyrights, trademarks, patents, and similar intangible assets.
Links: Hyperlinks that connect users from the Affiliate Website(s) to the Websites.
Net Revenue: means all monies received by the Company by way of deposit after having utilized the following formula: New Customer real money stakes (–) real money wins (–) 25% administration fee (–) paid bonuses (–) transaction costs and chargebacks (–) applicable gambling taxes and VAT (including reasonable provisions to pay such taxes). For the avoidance of doubt, it is expressly stated that all amounts referred to above are only in relation to amounts generated from New Customers referred to the Websites by the Affiliate Website(s).
New Customer: A user who has not previously held an account on the Websites, has met the deposit requirements, and has been referred by the Affiliate.
Parties: means the Company and the Affiliate (each individually a “Party”, together “Parties”). “Revenue Share Plan” is the percentage of the Net Revenue payable to the Affiliate pursuant to Clause 6 of this Agreement, provided that this is indicated in the Affiliate Application.
Websites: mean the online gaming website refuelcasino.com, mountgold.com and/or any other website(s) whose affiliate program is operated and/or managed by the Company as may be communicated to the Affiliate from time to time.
1 – Purpose
1.1 The Affiliate operates websites or digital marketing platforms aimed at promoting the Websites. The Affiliate must seek prior approval from the Company before utilizing any unconventional or alternative marketing methods.
1.2 This Agreement governs the terms under which the Affiliate promotes the Websites and sets forth the compensation structure as described in Clause 6. Agreement, depending on the New Customers referred to the Websites, and subject to the terms of this Agreement.
2 – Acceptance of an Affiliate
2.1 The Affiliate maintains and operates the Affiliate Website(s) on the internet, and/or may refer potential customers to the Websites either through such sites or otherwise through other marketing channels. In the event that other marketing channels are to be used, the Affiliate must seek the prior approval of the Company.
2.2 This Agreement governs the terms and conditions pertaining to the promotion of the Websites by the Affiliate, whereby the Affiliate will be paid consideration in terms of Article 6 of this Agreement, depending on the New Customers referred to the Websites, and subject to the terms of this Agreement. Upon the completion of the Affiliate Application by the Affiliate, the Company shall evaluate the Affiliate Application form hereby submitted and shall inform the applicant by email whether the requested participation in the Affiliate Program has been accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.
3 – Affiliate Representations and Warranties
3.1 By entering into this Agreement, the Affiliate represents and confirms that:
A) They are an individual aged 18 or older or, in the case of a legal entity, legally established and authorized to participate in such agreements.
B) They have the necessary legal capacity and authority to enter into this Agreement, ensuring compliance with all applicable regulations.
C) They possess all relevant permissions, rights, and licenses required to advertise and promote the Websites through the channels they operate, including but not limited to the Affiliate Website(s).
D) They are not engaged in nor intend to engage in any activity deemed illegal, fraudulent, or unethical, including but not limited to money laundering or deceptive marketing practices.
E) They will comply with all applicable laws, rules, and industry standards in connection with their promotional activities under this Agreement.
F) They have secured all required consents and legal permissions for handling and processing personal data in accordance with relevant data protection laws.
G) They fully understand and agree to the terms outlined in this Agreement.
H) They acknowledge that their role is strictly limited to promoting the Websites, and they will not engage in direct communication with users or customers of the Websites regarding their activities unless explicitly authorized by the Company. For the sake of clarity, it is accepted and understood that the Affiliate is not authorized to enter into any direct or indirect communications with any New Customers or any potential or existing customers of the Company in relation to their activities carried out on the Websites.
4 – Company Rights and Obligations
4.1 The Company agrees to provide Affiliates with the necessary marketing tools, materials, and tracking mechanisms to facilitate their promotional efforts.
4.2 The Company shall be responsible for the content and presentation of any material specifically provided to the Affiliate by the Company, if any, for the purposes of the execution of this Agreement. Provided that nothing contained in this Clause 4.2 shall be interpreted as to having the effect of relinquishing the responsibility of the Affiliate with respect to the manner in which the material provided to it by the Company is presented on the Affiliate Website (or any other medium used by the Affiliate for the purposes of this Agreement) or otherwise distributed by the Affiliate, and for the suitability and compliance with all applicable laws, rules and regulations.
4.3 The Company shall administer the turnover generated via the tracking Links, record the net revenues and the total amount payable to the Affiliate, whilst further providing the Affiliate with relevant player statistics. A unique tracking identification code will be assigned to all New Customers.
4.4 The Company shall pay the Affiliate the payment due calculated in accordance with Clause 6 of this Agreement, which amount shall be dependent on the New Customers referred to the Websites by the Affiliate Websites, subject to the terms of this Agreement.
4.5 The Company reserves the right to deny registration or deactivate accounts of referred customers, as it deems necessary, without liability to the Affiliate.
4.6 Affiliate approves that personal data (as defined in the General Data Protection Regulation) pertaining to the Affiliate and/or any of its employees may be collected by the Company and may be utilized in the context of, and as is necessary for, the performance of this Agreement or in the pursuance of any legal obligation or legitimate interest of the Company.
5 – Responsibilities and Obligations of the Affiliate
5.1 The Affiliate expressly agrees to:
A) Actively promote the Websites using the Links and marketing materials provided by the Company, ensuring all promotional efforts are professional, ethical, and in compliance with industry best practices.
B) Only to use its professional skills and expertise to actively and effectively advertise, market and promote the Websites as widely as possible, and in a manner which reflects affiliate industry best practice, in order to maximize the benefit to the Parties whilst abiding by the Agreement and all applicable laws and regulations, including but not limited to Data Protection Legislation.
C) to only use marketing material as shall be provided to the Affiliate by the Company for the purposes of advertising, marketing and promotion of the Websites. The Links or the marketing material shall not be amended or altered without the prior written consent of the Company.
D) Utilize tracking Links provided by the Company to monitor customer referrals and ensure accurate reporting.
E) Only to use only a tracking Link provided to the Affiliate within the scope of the Affiliate Program. In default of this, no warranty whatsoever can be assumed for proper registration and sales accounting.
F) Refrain from targeting individuals who are self-excluded from gambling activities or otherwise prohibited by law from participating in gambling.
G) not to send any material via direct marketing means to customers whom the Affiliate knows or should reasonably know to be self-excluded with the Company.
H) to, at all times, abide by all the relevant laws and regulations related to advertising and marketing, and guidelines issued by the competent authority/ies of countries in which the Affiliate intends to advertise, market and promote the Websites, and countries in which the Company is licensed to provide online gaming services.
5.2 The Affiliate further agrees:
A) That it will not perform any act which is libellous, discriminatory, obscene, immoral, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent material. The Affiliate shall not advertise (or cause to be advertised) the Websites on any sites which may, in any manner, be considered to be obscene, immoral, unsuitable or are otherwise black-listed and identified on the Police Intellectual Property Crime Unit (PIPCU) database.
The Company reserves the right to periodically request a list of all locations used by the Affiliate to promote the Websites to ensure continued compliance. Accordingly, the Affiliate can only advertise the Websites on websites and through media accounts and channels that have been disclosed to and approved in advance by the Company.
B) To ensure any platform used to promote the Websites complies with applicable laws, guidelines, and ethical advertising standards. This includes pre-approval of all advertising channels and materials by the Company.
C) To avoid promoting the Websites on social media platforms, such as Facebook, without obtaining prior written authorization from the Company. Similarly, the Affiliate must seek approval before publishing reviews, advertorials, or other promotional content related to the Websites.
D) Not to target regions or jurisdictions where gambling is prohibited or where promoting gambling services is unlawful.
E) Not to drive traffic through unethical or prohibited methods, including but not limited to:
• Sending unsolicited communications or spam.
• Using misleading or deceptive meta tags or search engine tactics.
• Manipulating tracking systems to inflate commission payments fraudulently.
• Employing pop-ups, pop-unders, or cookie-dropping techniques without explicit Company approval.
F) To uphold responsible gambling practices, prominently displaying “18+” notices or other age and gambling restriction warnings as required by applicable jurisdictions. Additionally, Affiliates must provide links to responsible gambling resources.
G) To avoid associating the Websites with matched betting, arbitrage betting, or other practices designed to exploit betting systems for risk-free gains.
H) To refrain from presenting their own platforms in a manner that creates confusion with the Company or implies affiliation beyond what is stipulated in this Agreement.
I) with the exception of the marketing materials as may be forwarded by the Company and/or made available online through the website www.affiliatesparadise.com or Websites the Affiliate may not use any terms, trademarks and other intellectual property rights that are vested in the Company or Website operators unless the Company expressly consents to such use in writing.
J) that it will not purchase, register or attempt to register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Websites or Company’s trademarks, trade names or other intellectual property rights.
K) To maintain accurate records of users opting out of marketing communications and provide these records to the Company upon request.
L) that it will not use in URLs or subdomains any terms which are identical or similar to any of the Websites or Company’s trademarks, trade names or other intellectual property rights.
M) that it will not utilize direct marketing to any potential or existing customers without Company’s express permission. For the sake of clarity, the term “direct marketing” refers specifically to marketing via email and/or SMSs.
N) that, subject to the immediately preceding sub-clause, the use of direct marketing shall include and/or display any relevant details as required by the applicable competent authorities, particularly key promotion terms and conditions as required, together with any responsible gambling requirements (for example, ’18+’ icon, and a link to gambling charity websites). Further, all such e- mails or SMS messages shall contain the full name of the Affiliate and address – and shall never purport to have been sent by the Company. All e-mail messages shall contain a fully operational ’Unsubscribe’ link. All SMS messages shall contain a fully operational ’STOP’ or ’Unsubscribe’ option. The Affiliate expressly warrants that it shall maintain a fully updated register of all unsubscribe and STOP requests and corresponding e-mail addresses and mobile phone numbers, and the Company shall be entitled to receive a copy of such register immediately upon request. The Affiliate warrants that any direct marketing shall only be done where the customers have validly given their consent to receive such communications as required under the Data Protection Legislation.
6 – Payment
6.1 The payment plan which shall apply to the Affiliate shall be either of the plans detailed in this clause 6.1 (or a hybrid thereof) as shall be agreed to in writing by the Parties on a case-by-case basis, provided that the default payment plan which is to apply in the absence of any agreement to the contrary shall be the Revenue Share Plan.
A) Revenue Share Plan – this shall be the percentage of the Net Revenue arising from New Customers and payable monthly to the Affiliate in terms of this clause 6.1A.
The Company shall pay the Affiliate a Revenue Share based on the Net Revenue generated from New Customers referred by the Affiliate’s Website/s and/or other channels permitted in writing by the Company. New customers are those customers of the Operators who do not yet have and have not had a betting account with any Operators Website and who accesses the Operator Website via the Links and who properly register and make real money transfers at least equivalent to the minimum deposit into one of their Operators Websites betting account. The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.
Net Revenue shall be calculated in accordance with the following formula:
New Customer real money stakes (-) real money wins (-) 25% administration fee (–) paid bonuses (–) transaction costs & chargebacks (–) applicable gambling taxes and VAT
For the sake of clarity, it is expressly stated as follows:
The administration fee is a value which contains the license fee, game provider fee and platform fee.
Bonuses, in this case, means paid bonuses to the customer, not granted bonuses. The difference is that a paid bonus is a type of bonus money where the customer has actually reached the wagering requirement and/or has received the funds on his/her real money wallet.
the gambling tax is monies paid in the form of betting duties or taxes payable by the operator to the authorities, not including corporate income tax or equivalent. The gambling tax does solely apply to revenues being generated from within the relevant jurisdictions and will be charged at the given rate of taxation of the respective gambling authorities.
The (Default) Net Revenue share percentage unless else is agreed in writing – is determined by a fixed (%) rate based on Net Revenue referred by the Affiliate within the month the revenue share is paid to the
Affiliate and is calculated as follows:
30% Revenue Share.
The Revenue Share commission is calculated in the beginning of each month and shall be calculated on the previous month. The Company shall endeavor to effect of the commission due in terms of this payment plan by the twenty-fifth (25) day each calendar month, provided that the amount due exceeds $300 for bank wire transfers (minimum threshold). If the balance due is less than the minimum threshold, it shall be carried over to the following calendar month and shall be payable when the accrued balance exceeds the stipulated minimum threshold.
For the sake of clarity, it is expressly stated that, should the Net Revenue generated from the New Customers introduced by the Affiliate in any given month fall below zero (“Negative Net Revenue”), such negative balance shall not be carried over to the following month for the purposes of the calculation of the Net Revenue and commission for that same month.
The Affiliate accepts that the payment of the commission due in terms of this payment plan may be delayed by an additional fifteen-day (15) period beyond the date stipulated in the immediately preceding paragraph, provided that such delay shall be communicated by the Company to the Affiliate.
If an error is made in calculating the commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
The Company may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the terms.
It is expressly agreed that no payment shall be due when the traffic generated is illegal or contravenes any provision of this Agreement.
The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
For the sake of clarity, the Parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out.
The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.
B) CPA Payment Plan – this shall be a “one-time” fee paid by the Company to the Affiliate for each New Customer who does and has not had a betting account with any Operators Website and who accesses the Operator Website via the Links and who properly register and make real money transfers at least equivalent to 25 US DOLLARS ($) into one of their Operators Websites betting account, and wager real money bets equivalent to 25 US DOLLARS ($) at any game provided by the Company to the New Customer.
The one-time fee shall be determined on a case-by-case basis.
The Affiliate accepts and understands that no further payments, fees and/or commissions beyond the one-time fee shall be due to the Affiliate.
The Company may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the terms.
It is expressly agreed that no payment shall be due when the traffic generated is illegal or contravenes any provision of this Agreement.
The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard.
6.2 The Affiliate understands that the payment plan that shall be applicable shall be as identified by the Company in the Affiliate Application. The particular terms pertaining to either the Revenue Share Plan or the CPA Payment Plan as listed in this clause 6 shall be applicable depending on the plan so identified.
6.3 The Company reserves the right to change the payment plan upon giving written notice to this effect to the Affiliate.
7 – Termination
7.1 this Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
7.2 the Company may, however, terminate the Agreement with immediate effect in the event that the Affiliate is in default of its obligations or is otherwise in breach of Affiliate’s representations and warranties provided in the Agreement. In this case, no notice period shall be applicable and the Agreement shall be considered terminated as of the date on which the Company notifies the Affiliate of its decision to terminate the Agreement on the strength of this clause 7.2. In this event, the Parties agree that the Company may take any action it deems appropriate, including the withholding of any unpaid commissions as of the date of termination as security for any perceived/anticipated/contingent liabilities or claims that may arise against the Company due to the breach or activities of the Affiliate.
7.3 the contracting parties hereby agree that upon the termination of this Agreement, howsoever occasioned:
A) the Affiliate must, within seventy two hours of receipt of the above-mentioned notification, remove all references to the Company and/or its Websites, brands, trademarks and trade names from the Affiliate Websites and other marketing channel and communications.
B) all rights and licenses granted to the Affiliate under this Agreement, if any, shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company.
C) the Affiliate will be entitled only to those earned and unpaid amounts in terms of clause 6 as of the effective date of termination. The Company may withhold the Affiliate’s final payment for a reasonable time to ensure that correct amount is paid. The Affiliate will not be eligible to earn or receive commissions or other payments after this date.
D) the Affiliate will return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody, and control.
E) the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards The Company shall survive the termination of this Agreement.
8 – Liabilities and Indemnification
8.1 The Company shall not be held liable for:
• Loss of revenue, business opportunities, or anticipated savings resulting from the Affiliate’s participation in the Program.
• Indirect or consequential damages incurred by the Affiliate.
• Damage to the Affiliate’s goodwill or reputation due to circumstances beyond the Company’s control.
8.2 The Affiliate agrees to indemnify and hold harmless the Company, its employees, directors, agents, and representatives from any claims, liabilities, or expenses, including legal costs, arising from:
• Breaches of this Agreement by the Affiliate.
• Misuse or unauthorized use of the Company’s marketing materials or intellectual property.
• Activities or content hosted on the Affiliate Website(s) that infringe upon third-party rights or violate applicable laws.
• Any unauthorized or unlawful use of the tracking Links by the Affiliate or their agents.
8.3 The Company reserves the right to participate in the defense of any claim at its own expense.
9 – Data Protection
9.1 The Affiliate shall adhere to all applicable data protection laws, including GDPR. This includes maintaining an accessible privacy policy on their Affiliate Website(s) that outlines:
• How personal data is collected, used, and processed.
• The legal basis for processing such data.
• Third parties with whom the data may be shared.
9.2 Upon request, the Affiliate must provide the Company with evidence of compliance with data protection laws within 10 days.
10 – Governing Law and Jurisdiction
10.1 This Agreement is governed by the laws of Gibraltar.
10.2 Any disputes arising from or related to this Agreement shall fall under the exclusive jurisdiction of Gibraltar’s courts.
11 – Assignment
11.1 The Affiliate may not assign or transfer this Agreement to any third party without prior written consent from the Company. This includes mergers, acquisitions, or changes in control.
11.2 The Company retains the right to assign this Agreement or its rights and obligations under it without prior notice to the Affiliate.
12 – Non-Waiver
12.1 A failure by the Company to enforce any provision of this Agreement shall not be considered a waiver of its right to enforce that provision at any future time.
13 – Force Majeure
13.1 Neither Party shall be liable for any delay or failure to fulfill their obligations under this Agreement due to events beyond their control, such as natural disasters, acts of war, strikes, or government restrictions.
13.2 If a force majeure event persists for more than 30 days, either Party may terminate this Agreement without further obligation.
14 – Relationship of the Parties
14.1 This Agreement does not create a partnership, joint venture, agency, or employer-employee relationship between the Company and the Affiliate.
14.2 Neither Party shall have the authority to bind or obligate the other Party without express written consent.
15 – Severability
15.1 If any provision of this Agreement is found to be invalid or unenforceable, it shall not affect the validity of the remaining provisions.
16 – Confidentiality
16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company shall be treated confidentially.
Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of the Company this provision shall survive the termination of this Agreement.
16.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
17 – Amendments to the Agreement
17.1 The Company reserves the right to modify this Agreement at any time. The Affiliate will be notified of changes via email, and continued participation in the Program constitutes acceptance of the updated terms.
18 – Intellectual Property
18.1 Nothing contained in this Agreement will grant the Affiliate any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the Company. At no time during or after the term will the Affiliate allure, attempt, challenge, assist or allow others to challenge or to register or to attempt to register the marks of the Company. Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to the Company.
18.2. All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.
18.3. No time during or after the term of this Agreement, no Party will attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.