1. Company’s Rights and Obligations
| 1.1. | The Company reserves the right to accept or refuse affiliates. By registering an account with the Company, the affiliate agrees with all of the rules, policies, and operating procedures. | |
| 1.2. | The Company will track the Customer’s bets and plays and summarize these activities in a report that will be available to the Affiliate through the affiliate website (shenaffiliates.com). | |
| 1.3. | The Company reserves the right to modify any of the Terms and Conditions or replace it entirely at their sole discretion. A change notice or a new Agreement will be posted on the affiliate website (shenaffiliates.com) and the Affiliate will be informed by email. If any modification is unacceptable to the Affiliate, the only recourse is to terminate the agreement. Continued participation in the Affiliate Program following the posting of a new Agreement or change notice will constitute binding acceptance of the modification/changes | |
| 1.4. | To join the Affiliate Program, the Affiliate will need to accept the Terms and Conditions and submit the online application form. The Company has the sole discretion whether or not to accept an application and the decision will not be subjected to any right of appeal. Successful applicants will be notified via email. |
2. Affiliate’s Rights and Obligations
| 2.1. | The Affiliate agrees to promote the company’s website, in good faith. If the Affiliate traffic is harming the company in any way, the company reserves the right to terminate the affiliate contract. By agreeing to participate in this program, you agree to promote the company brands. | |
| 2.2. | If found to be spamming, the Affiliate will receive only one (1) warning to stop such activities. If spamming activity continues, there will be immediate termination of agreement without prior notice. The Affiliate should not make any claims or representations, or give warranties in connection with the Company and shall have no authority to and shall not bind the Company to any obligations. | |
| 2.3. | The Affiliate shall also refrain from registering or applying to register any domain name similar to a domain name used by or registered in the name of any member of the SAAP, or any other name that could be understood or implicated as the Company | |
| 2.4. | The Affiliate may not purchase or register search terms, keywords 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 any of shenaffiliates.com’s trademarks or otherwise include the word “shenaffiliates.com”, “shenaffiliates.comPoker”, “shenaffiliates.comCasino” or variations, or include meta-tag keywords on the Affiliate site which are similar or identical to any of shenaffiliates.com’s trademarks. | |
| 2.5. | The Company grants the Affiliate the non-exclusive, non-assignable, right to direct players to the Company’s sites in accordance with the Terms and Conditions of this Agreement. This Agreement does not grant the Affiliate an exclusive right or privilege to assist in the provision of services arising from referrals. The Company also expresses its intention to contract with and request/obtain the assistance of others at any time to perform services of the same or similar nature as the Affiliate. The Affiliate shall have no claim to referral commission or other compensation on business obtained by or through persons or entities other than the Affiliate. | |
| 2.6. | The Affiliate will only use the Company’s approved advertising/marketing materials (banners, html mailers, images and logos) and shall not alter their appearance nor refer to the Company in any promotional materials other than those that are available from the Company’s website. The appearance and syntax of the hypertext transfer links are designed and designated by the Company and constitute the only authorized and permitted representation of the Company’s sites. Specifically, the Affiliate shall not create a direct link to the promotional materials on the Company’s website. | |
| 2.7. | The Affiliate shall not knowingly benefit from any known or suspected traffic not generated in good faith whether or not it actually causes damage to both parties. The Company reserves the right to retain all amounts due to the Affiliate under this Agreement if the Company has reasonable cause to believe of such traffic. The Company reserve the right to withhold affiliate payments and/or suspend or close accounts where customers are found to be abusing any the Company’s website promotions whether with or without the Affiliate’s knowledge. These situations include but are not limited to customers betting both sides of an event or market to limit risk and claim bonuses. | |
| 2.8. | The Affiliate will solely be responsible for the development, operation, maintenance and for all the materials that appear on their site. The Company renounces all liability for these matters. In addition, the Affiliate will not hold the Company from all claims, damages, and expenses arising directly or indirectly out of development, operation, maintenance and contents of their site. SAAP is intended for your direct participation. You shall not open affiliate accounts on behalf of other affiliates. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not allowed. Approval for account transfer to another Affiliate is solely at our discretion. | |
| 2.9. | The Affiliate confirms that it is not an employee or contractor of, or immediate family member of an employee or contractor of, or a corporate entity that has any connections, whether direct or indirect, to an employee or contractor of, or immediate family member of an employee or contractor of, agents, parent, subsidiary, affiliated and/or related companies. | |
| 2.10. | During the term of this Agreement, the Affiliate may be entrusted with confidential information relating to the Company’s business, operations, or underlying technology and/or the affiliate program. The Affiliate agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless the Affiliate have the Company’s prior written consent and that the Affiliate will use the confidential information only for purposes necessary to further the purposes of this Agreement. The Affiliate’s obligations with respect to confidential information shall survive the termination of this Agreement. |
3. Referral/Commission Structure, Calculation and Payouts
| 3.1. | This section contains details of the payment mechanisms of the SAAP. The payment mechanism which applies to the Affiliate will be indicated on the Affiliate’s application to join SAAP or agreed with the Affiliate’s account manager (as the case may be) and shall be referred to herein: A. Revenue Reward B. Shen Affiliate Sub-Affiliate Program |
A. Revenue Reward
The Commission share is calculated from the net revenue and less the rakeback for poker. If there are players who claim the bonuses will be deducted on the gross gaming revenue of the affiliate as share expenses. Affiliates will be paid out on eligible commission across all products on a monthly basis.The Company will carry over any negative balances. A minimum of 10 active players is required to be eligible for payment (customers must make an initial deposit and place one (1) qualified bet at least once a month to be considered an “active player”).
VIP Affiliate Status
The Affiliate may obtain VIP Affiliate status when it meets certain conditions set by the Company (in its sole discretion). Once the Affiliate becomes eligible for this privilege, a notice will be given by the Company by contacting the Affiliate’s account manager.
The VIP Affiliate status is based heavily on the conditions set by the Company. Therefore, if the Affiliate fails to meet these criteria, it will lose its VIP status. However, it is possible for the Affiliate to recover VIP status the following month if it satisfies the conditions set by the Company.
The Company will conduct regular evaluation of all affiliates to confirm which partners are eligible for upgrade to VIP status. The Company reserves the right to modify the conditions set for VIP status at its sole discretion. Any decision made by the Company regarding change of status is final and is not subject to any appeal.
B. Shen Affiliate Sub-Affiliate Program
Any person or entity that is introduced to the SAAP by the Affiliate, and joins the SAAP as an Affiliate by submitting to the Company the standard application form through the affiliate link on the Shen Affiliate site (from such time that the same is made available) will be considered to be the Affiliate’s Sub-Affiliate and tracked as such. Any Sub-Affiliate will be treated as a regular Affiliate in the SAAP and will be bound by the terms and conditions of this Agreement, and the Affiliate will be liable to the Company, jointly with any Sub-Affiliate, for the performance of that Sub-Affiliate’s obligations under this Agreement. To reward the Affiliate for obtaining Sub-Affiliates and to encourage the Affiliate to obtain additional Sub-Affiliates, in addition to paying the Sub-Affiliate (as an Affiliate of the Company) the rewards set forth in this Agreement, the Company will also pay the Affiliate an additional reward in respect of the payments made to the Sub-Affiliate, provided that the Affiliate has acquired a minimum of two (2) active/earning Sub-Affiliates. Details of the Affiliate commissions for the Sub-Affiliate Program will be discussed with the Affiliate’s account manager once their application is approved by the Company.
Affiliate commissions are paid out once a month, usually by the first (1st) week of the following calendar month. The minimum payment request for earned referral/commission per month is 500 RMB or its equivalent amount in the Affiliate’s preferred payment currency.
Referral/Commission payments can be paid:
1. Through Wire Transfer
2. Through an agreed upon payment method
The Company may pass on any charges for arranging payments and the Affiliate’s bank may choose to levy a charge on such transactions. An active referred player is defined as a visitor to the Affiliate’s site(s) who has clicked through the Company’s website via the Affiliate’s click-through link, has registered as a player, deposited funds to their account and conducted betting or playing activity in one or more products.
4. Term, Termination, and Unsuitable Sites
| 4.1. | Either the Company or the Affiliate may terminate this Agreement and their participation in the affiliate program at any time, with or without cause, by giving the other party at least 30 days written notice of termination. (Notice can be sent to [email protected].) | |
| 4.2. | The Company has the right to terminate the Agreement without prior notice, in the Company’s sole and absolute opinion, if an Affiliate breaches any terms or conditions of this Agreement. | |
| 4.3. | The Company can terminate the Agreement without prior notice if an Affiliate does anything to bring any of the Company or the Company’s Brands into disrepute. | |
| 4.4. | The Company may terminate this Agreement if it determines (in its sole discretion) that the Affiliate site is unsuitable. Unsuitable sites include, but are not limited to, those that: display pornography or other illegal sexual acts, are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights. | |
| 4.5. | The Affiliate shall not open more than one affiliate account without the Company’s prior written consent nor will it earn commission on its own or any immediate family or relatives who sign up via its affiliate account. | |
| 4.6. | The SAAP is intended for professional website publishers. | |
| 4.7. | The Company reserves the right to close an affiliate’s account if: did not pass the screening, no response to screening verification email after 1 month, duplicate account, prolonged inactivity for 5 months, fraudulent account. |
5. Miscellaneous
| 5.1. | This Agreement constitutes the whole legal agreement between the Affiliate and the Company in relation to its subject matter. | |
| 5.2. | The Affiliate agrees that if the Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company. | |
| 5.3. | The Affiliate may not assign this Agreement, by law or otherwise, without prior written consent of the Company. Subject to that restriction, this Agreement will be binding to the Affiliate and the Company and their respective successors and assigns. Should an affiliated website be sold, that website’s existing list of players will not necessarily become property of the new owner and treatment of such players shall be in the sole discretion of the Company. | |
| 5.4. | The Company and the Affiliate will be considered as independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the two parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of the Company. The Affiliate will not make any statement, whether on its website or otherwise, that states or implies that the Affiliate has the authority to represent the Company. | |
| 5.5. | If a court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is not valid and then that provision will be removed from the terms without affecting the rest of the Agreement. The remaining conditions of the Agreement will continue to be valid and enforceable. | |
| 5.6. | This Agreement and all obligations, representations, undertakings and warranties contained in it shall ensure for the benefit of any successor and/or assignees of the Company. |
6. This Agreement was last amended February 1st 2017