TERMS & CONDITIONS
Definitions:
Affiliate Account: This refers to the Technical Platform account established by the Company based on the information provided by the Partner in their application.
Affiliate Account Manager: An Affiliate Account Manager is any Company employee authorized to oversee the business relationship between the Company and the Partner.
Bonuses: Bonuses encompass various types of incentives such as "free money," "free bonus," "free bets," "free spins," "money back," "bonus money," "bonus spins," vouchers, rebates, discounts, or similar offers that both New and Existing Customers can use for wagering.
Brand: "Brand" represents ja.miki.com, the platform currently operated by Novi B.V.
Commission: Commission is the compensation owed to the Partner based on an agreed-upon percentage of Net Revenue ("Revenue Share"), Cost Per Acquisition, or another Reward Plan.
Company: The term "Company" refers to Novi B.V.
Confidential Information: Confidential Information encompasses valuable commercial data essential for both Parties, including technology, market and business information, financial reports, trade secrets, know-how, business strategies, research information, databases, lists of New Customers, marketing plans, product development, operational methods, and financial data.
Content: Content refers to materials provided by the Company for the purpose of this Agreement, which may include text links (including Sub-Affiliate links), banners, and other advertising materials.
CPA Payments: CPA Payments denote a one-time commission entitlement based on the number of newly depositing players referred to the Company's brand(s) who have met specific deposit, wagering, and other requirements as outlined in prior agreements. These amounts are subject to Novi B.V.'s discretion, with prior written notice required for any changes.
Database: Database signifies information stored about Partners and New Customers, containing Company proprietary data related to New Customers for the purpose of this Agreement, including Personal Data and contact information. These databases are considered valuable assets belonging to the Company.
Goodwill: Goodwill refers to the positive reputation and regular patronage that a business enjoys.
Gross Revenue: Gross Revenue is the total revenue generated by all customers referred by the Partner across all products, minus costs such as taxes, betting duties, and third-party commissions/fees. It includes settled bets, excluding any bets not accepted for a legitimate reason at the Company's sole discretion.
Hybrid Payment: A Hybrid Payment combines a "CPA Payment" as defined on the Affiliate Programme Site and a "Revenue Share" percentage of Net Casino, Sports & Lottery Winnings as long as each Customer maintains an account with ja.miki.com.
Intellectual Property Rights (IPR): Intellectual Property Rights encompass rights in computer software, databases, design, copyright, trademarks, logos, domain names, brands, business names, and all other rights, whether registered or unregistered, existing globally.
Net Revenue: Net Revenue is the monthly Gross Revenue after subtracting costs like financial transaction fees, bonuses, loyalty rewards, and chargebacks.
New Customer: A New Customer is an individual who registers with the Brand after clicking on the Content. This excludes individuals already present in the Company's Brand customer Database or those who closed a customer account and then opened a new one through the Partner.
New Depositing Customer: A New Depositing Customer is a New Customer who has made an initial minimum deposit with the Company for bona fide transactions, establishing a normal commercial relationship within the business framework.
Parties: Parties refer to the Company and the Partner, each being a separate Party.
Personal Data: Personal Data includes information concerning individuals or legal entities that can be identified, directly or indirectly. This encompasses information related to New Customers and Partners.
Products: Products encompass the array of betting and gaming products offered by the Company, including but not limited to online sports betting, poker, casino, virtual sports, and bingo.
Reward Plan: A Reward Plan is a financial model agreed upon between the Parties to compensate the Partner for their marketing activities.
Revenue Share: Revenue Share represents the applicable percentages of Net Casino, Sports & Lottery Winnings for as long as a Customer maintains an account with the Brand, subject to the terms outlined.
Sub-Affiliate: A Sub-Affiliate is a natural or legal entity collaborating with the Partner, providing space on their website or other media platform to display Content for acquiring New Customers.
Term: Term denotes the duration starting from the date the Partner accepts the terms of this Agreement and ending upon termination, as specified under article 13.
Working Day: A Working Day is any day from Monday to Friday, excluding public holidays and weekends in the United Kingdom.
Terms of work
Basic Conditions, Affiliate Accounts, and Security Procedures
By accepting this agreement, an Affiliate affirms that they have thoroughly reviewed all the rules and recommendations outlined in the current Terms and Conditions of the Agreement.
Affiliates, by agreeing to the provided terms and conditions, confirm that they are at least 18 years old.
To become a member of the Affiliate Program, a Partner creates a personal login and password. These are confidential credentials protected from disclosure and loss by the Affiliate.
The Affiliate Program ensures that any modifications to the existing Rules will be promptly communicated to Affiliates and will be displayed as a special message when Affiliates log into their accounts. Affiliates agree to regularly review the current Rules and stay updated on any Rule changes. It remains the responsibility of the Affiliate to ensure they have the latest version of the Rules. If any terms in the Agreement are unsuitable for the Partner, they have the option to terminate the Agreement. By continuing to operate under the current Rules, the Partner confirms their full acceptance of the Agreement.
Miki Affiliate Program reserves the right to reject cooperation with any Affiliate without the obligation to provide additional explanations or evidence for such a decision.
Miki Affiliate Program adheres to the "Last Cookie Wins" rule. This means that the Partner's referral link must be the most recently used one by a Player to register with the Casino in order to receive Earnings from the Player's deposits.
With Miki Affiliate Program, it is strictly prohibited to sell or transfer accounts to third parties without first notifying Affiliate Program administrators of such intentions.
Sources of Traffic and Common Limitations
Miki Affiliate Program reserves the right to request that an Affiliate discloses information regarding their traffic sources. In the event that the Affiliate is unable, for any reason, to provide information about their traffic sources, the administrators of the Affiliate Program have the authority to cease payouts and freeze any monetary transfers within the Affiliate's account. If the source of traffic is a website, the Affiliate is required to specify the URL address. If the source is any form of arbitrage traffic, screenshots of their personal account in the advertising system will be necessary. In the case of email traffic being the primary source, the Affiliate must add [email protected] to their list of approved email addresses for sending advertisements. When using social network advertising, mobile and web apps, or any other forms of advertising, it's imperative to use the correct links. If the advertising content is in languages other than those provided by the Affiliate Program, the Partner must be prepared to translate the content upon request to disclose their traffic sources.
Within the Miki Affiliate Program, the use of any form of spam mailing or spam advertisements is strictly prohibited. In the event that spam advertisements are identified, the administration of the Affiliate Program reserves the right to close the Partner's account at Miki Affiliate Program. This closure would result in the Partner being unable to request payments, and the earnings stored in the account would not be disbursed.
Miki Affiliate Program offers Partners the opportunity to send email letters to players using email databases compiled by the Partners. When utilizing this option, the mailing process must be organized through a third party, and the content of these emails must be submitted to the Miki Affiliate Program administration for approval before sending them to Players.
All forms of incentivized traffic are strictly prohibited in the Affiliate Program. The Affiliate Program may close the Partner's account without prior notice, and any accumulated funds within the Affiliate's account will not be paid out.
Commissions, Sub-Partner System, and Negative Carryover
The standard commission model for every newly registered Partner in Miki Affiliate Program is the dynamic Revenue Share (Revshare) model. It employs a straightforward formula to calculate Partner Income: Partner Income = ((70%GGR)-CP)*%Affiliate Commission
Detailed information on the Casino's Royalty and the precise calculation of Revshare commissions can be found in the Brand Section.
Additionally, Miki Affiliate Program offers other commission models such as CPA (Cost Per Acquisition) and Hybrid CPA. If a Partner wishes to switch their commission program, they must contact the Affiliate Program administration and agree on the conditions. These conditions may be individual and can be declined by the Partner with a prior notice of at least 24 hours before returning to the Revshare commission plan.
If a referred Player wins money during a reporting period, resulting in a loss for the Casino, the Affiliate will not receive any earnings from that player. The earnings from this player will be considered zero.
If your commission has NNCO, negative balances in an Affiliate's account cannot be carried over to the next reporting period. If a Partner ends a reporting period with a negative balance, it resets to zero at the start of the next reporting period. However, it is important to understand that in case your negative commission exceeds $5,000, 50% of the exceeding amount NCO will be applied to your commission from the point onwards until your commission turns positive.
Affiliates have the opportunity to invite other Partners to join Miki Affiliate Program. In this scenario, sub-partner commissions are applied. The newly invited Partner becomes the Affiliate's Referral, and the Affiliate receives bonuses based on the earnings generated by the new Partner. Referral bonuses are calculated at a standard rate of 5% of the earnings of the invited Partner, and these bonuses are added to the Affiliate's account when they are calculated at the end of the reporting period.
Violation of the Rules, Fraud, and Scam Cases
Miki Affiliate Program strictly prohibits its Partners from registering their own accounts within the Affiliate Program's Casinos using their own referral links. In cases where this rule is violated and identified by the administration, both the Partner's account in the Affiliate Program and their account in the Casino will be blocked. No refunds will be provided for any funds stored in both accounts. Additionally, members of the Affiliate's family and individuals in close relations with the Affiliate are not allowed to register with the Casino using the Affiliate's referral link.
Any earnings acquired by an Affiliate through fraudulent activities by Players may be reclaimed from the Affiliate's account. This rule is not time-limited, and the funds will be recouped as soon as fraudulent activity is detected by the Affiliate Program administration.
Miki Affiliate Program does not disburse earnings to Partners operating under CPA plans if fake Players are identified. Fake Players are defined as individuals with multiple accounts, members of the Affiliate's family, and other false accounts. If the Affiliate Program administration identifies such cases, the Partner's income will be recalculated based on the terms of the RevShare program. Additional scrutiny may be applied if the administrators of Miki Affiliate Program observe an unusually high percentage of Players leaving the Casino after completing CPA qualification.
Miki Affiliate Program retains the right to terminate the Agreement with any Partner, providing written notice of termination in the following cases:
False statements and misrepresentation of the Affiliate Program and/or its projects.
Insults directed towards the Casino, the Affiliate Program administration, or support staff. In such cases, the managers of Miki Affiliate Program may present evidence of these actions that could lead to the termination of the Agreement. Misrepresentation involves manipulating information that is not substantiated by evidence, such as links or screenshots.
Insults directed at the support staff of the Affiliate Program and/or Casino include any text containing offensive language or direct or indirect insults towards individuals working for the Affiliate Program and/or Casino.
Any manipulations involving the sources of traffic provided to the administration of the Affiliate Program are considered fraudulent and may result in the suspension of cooperation with the Partner.
If there are grounds to inspect an Affiliate's account for possible fraud or violations of the rules, the Affiliate Program administration may block the Partner's account and suspend any payouts during the inspection period. If the inspection determines that the Partner has violated the rules, the Affiliate Program will terminate the Agreement and will not disburse the funds stored in the Partner's account.
In the event that a Partner has evidence proving their innocence, the Affiliate should present this evidence to the Affiliate Program administration. The administration of Miki Affiliate Program is willing to review all evidence and arguments to reach an optimal and fair resolution for any case. The final decision of the Miki Affiliate Program administration is not subject to appeal or dispute.
Terms of Payments and Payout Procedure
The number of attracted clients directly impacts the Partner's earnings. Customers who have registered on the platform by clicking the referral link and have become players of one of the project participants are considered new clients for the company.
Payments are scheduled on a monthly basis in arrears, provided that the amount due exceeds $100 (referred to as the "Minimum Threshold"). If the balance due is below the Minimum Threshold, it will be carried over to the following month and will be payable once the total commission collectively surpasses the minimum threshold. The commission will be accounted for on a per-calendar month basis, with payment made no later than thirty-one (30) days after the invoice being sent. For example, if we receive an invoice on the 15th of October, it will be paid by the 14th of November.
Invoice should be sent within a maximum of 5 days from the date of issue.
If there is less than $100 in the Partner's account, the payment will be deferred to the next month and will be credited to the partner account when the minimum goal is reached.
All Partner Payments will be made in Euros and are considered exclusive of any VAT or other applicable taxes. The Partner is responsible for providing accurate payment details. If a bank transfer is chosen as the preferred payment method, the Partner will need to submit an invoice before payment.
The partner has the autonomy to choose the payment method and currency during the authorization process.
If the Partner identifies errors in the calculations, they have the right to request a recalculation. In cases of incorrect calculations, the funds will be combined with the commission funds in the following month.
For payment-related queries, the Partner can contact us via email at [email protected], specifying the issue. This email or letter should be sent after the accrual of commission funds and no later than 30 calendar days.
In the event that the Company needs to verify the conformity of all operations, it has the legitimate right to delay payments for up to 180 days.
To activate CPA, a registered customer should make their first deposit within 90 days.
Promotions offering cashback, gift cards, or other incentives without prior agreement with us are not allowed. In the presence of such promotions, any commissions earned will be void and cannot be paid.
Miki reserves the right to implement performance criteria regarding active player ratios (30% of registered players should be depositing) to meet its standards.
Funds acquired through fraudulent actions must be returned to the company.
Charge-backs, which occur when a credit card holder discovers unauthorized or irregular transactions on their credit/debit card, will result in the disputed or charged-back revenue generated by your referred player being forfeited and not included in commission calculations for the current month.
In Reward Plans with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts identified as bonus abuse, suspended, closed for fraud, self-exclusion, or other reasonable reasons.
The Partner is responsible for ensuring the accuracy of the payment details in their account and/or as specified on their invoices.
If the Partner has been overpaid for any reason, the Company reserves the right to request the refund of the excess amount or deduct the corresponding overpayment from the Partner's Commission for the following months until the debt is repaid in full.
If the Partner has been underpaid for any reason, the Company reserves the right to add the corresponding underpayment amount to the Partner's Commission in the following calendar month.
If there is a pending payment to a Partner for a period of one (1) year or more due to incorrect payment details, missing payment details, invalid or outdated payment details, and the Partner has not responded to reasonable contact attempts made by the Company, the payment will be canceled.
The Partner must adhere to the legal and regulatory requirements in their country of domicile; failure to do so will disqualify them from receiving any Commission based on the activities of their customers.
