Terms and Conditions

In order to apply for our affiliate program you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions, please do not proceed application. If you have any questions regarding our affiliate program please contact for further information.

 

1. Agreement

 

1.1 This document (the "Agreement") outlines the terms and conditions agreed between us, EveryMatrix N.V. (referred to herein as "Zodiacu Affiliates", "we" "us" or "our") and you (referred to herein as "you", "your" or "affiliate"), in respect to your application to join our affiliate program and to promote the zodiacu.com website and our services.

 

1.2 In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. Zodiacu Affiliates determines at its' sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the Zodiacu Affiliates website and services. Zodiacu Affiliates will email you with further information upon acceptance of your application.

 

1.3 Zodiacu Affiliates introduces this T&C as a constant agreement, which is not to be changed unless it's an absolute necessary. For such cases we reserve the right to update or modify this Agreement and inform you via email and/or messengers or other communication channels you provide us in 14 days before any changes to be implemented and presented online at the site within the section of affiliate terms and conditions. No changes to be applied retroactively. If you not agree to the changes you are required to terminate this Agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions to be published in clause 19 within this agreement available in updated version on zodiacu.com . If you continue to participate in our affiliate program after changes to the agreement has been posted, this will be constituted as an acceptance of such changes by you.

 

2. Definitions

 

In this Agreement unless the context otherwise requires:

"Confidential Information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.

"Referred Customers" means Customers who have no prior account щт Our Website, and have signed up on zodiacu.com with your affiliate tracking link.

“Gross Revenue”, calculated on a monthly basis, means monthly bets less wins of Referred Customers..

"Net Revenue", calculated on a monthly basis, means the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rakeback, cashbacks and chargebacks.

"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.

"New Depositing Player" means a New Customer / Player who has made a first minimum deposit with Zodiacu Affiliates where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with Zodiacu Affiliates within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.

"Revenue Share" means the percentage share the affiliate to earn from the Net Revenue.

"Your Website" the website you mention as a traffic source on the Affiliate Sign up Form.

 

3. Linking

 

3.1. The Links provided to you by Zodiacu Affiliates should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without Zodiacu Affiliates' prior written consent.

3.2. You shall ensure that you do not place any Links on pages of Your Website targeted on persons under the age of 18 years.

3.3. In the event that you wish to place the Links on websites other than the Your Website, you must first obtain Zodiacu Affiliates' written consent.

3.4. If we discover that your use any Link in no compliance with the terms of this Agreement, we shall be entitled to take such measures as to block Links used by you and to immediately terminate this Agreement without notice to you (see 17.2).

 

4. Revenue share earnings to be calculated as Revenue Share percentage multiplied by Net Revenue.

 

4.1. Your monthly Revenue Share percentage to be calculated depending on how much NDP you deliver in particular month, as follows:

Number of depositing players per month | Commission
0 - 10 25%
11 - 20 30%
21 - 35 35%
36+ 40%

 

4.2. The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Sports Betting products on lifetime basis, unless you've agreed with us other.

 

5. CPA plan terms and qualifying conditions.

 

5.1. CPA commission is to be discussed with each Affiliate separately, depending on geography of traffic's origin and its performance.

5.2. The minimum baseline is a subject to personal agreement with us which means the player must make a minimum first deposit of exact amount.

5.3. If the player made the first deposit of less than minimum baseline, but in the next 30 days he collected the amount of deposits equal to Affiliate's CPA rate, and if such an arrangement was in place, the commission to be credited.

5.4. All new players coming through the Affiliate Program according to CPA plan and not taking active action on the project are put on hold. The hold period can take up to 30 days from date when CPA conditions were performed at the discretion of our security department.

5.5. The affiliate program is entitled not to pay CPA commission to the following players:

5.5.1. Players who tried to deceive the casino or showed fraudulent actions in regard to the casino (including fraudsters, carders and other types of violators)

5.5.2. Players who made a single deposit and did not take any action within the project until the end of the hold.

5.5.3 Players who came from country unspecified by the partner.

5.6. Activity according to the CPA plan without payment of the commission can be suspended under the following conditions:

5.6.1. Affiliate brings to the project traffic from countries that are on the restricted list (please discuss the geography of traffic with your affiliate manager).

5.6.2. Affiliate was found to participate in fraudulent activities, such as fraud, spam, depositing by Affiliate himself with the IP substitution or the use of anonymizers (for example: VPN, Proxy, Freegate, Hola, TOR browser, etc.)

5.6.3. Affiliate continues to stream traffic after a written request from the affiliate program to suspend traffic.

5.7. If the limits for the traffic delivery were agreed with Affiliate (read - the number of the players brought) and Affiliate delivered more players, the affiliate program has the right to postpone payouts for such players to the next payment period or transfer players to Revenue Share plan. Affiliate program must notify partner when such case occurs.

5.8. Affiliate can be transferred to the general Revenue Share plan (see clause 4.1.1), in case of poor traffic quality. The notification of such action to be received by Affiliate in writing form. * Notification in writing form is understood as a notification sent by the type of communication that Affiliate uses to communicate with the manager. It can be transmitted by a messenger program or email. If there is none, Affiliate will be notified by email he or she signed up at affiliate program with.

 

6. Policy to counting payouts earned from self-excluded players.

 

6.1. Affiliate's earnings from self excluded players sent within revenue share commission plan to be calculated in accordance with clause 4.

6.2. Affiliate's earnings from self excluded players sent within CPA or hybrid commission plan to be calculated accordingly to personally agreed terms of deal, except of the case when player self excludes before his Net Revenue reaches the amount of CPA commission. In such case affiliate's commission to be equal to Net Gaming value delivered by player.

6.3. Affiliate's earnings from self excluded players sent within hybrid commission plan to be calculated accordingly to the agreed deal conditions, except of the case when player self excludes before his Net Revenue reaches the amount of commissions, calculated as [(CPA rate) + (Net Revenue)*(Revenue Share %)]. In such case affiliate's commission to be equal to Net Revenue value delivered by player.

 

7. Cookie policy

 

Every user that you send gets a cookie that is valid for 30 days, last referrer receives credit.

 

8. Forbidden Practices

 

8.1. You may not in any way offer added rewards of any kind to your Referred Customers without Zodiacu Affiliates' prior written consent. If Zodiacu Affiliates deems you to be in breach of this condition, Zodiacu Affiliates may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see clause 17.2).

8.2. You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Zodiacu Affiliates Site.

8.4. You are forbidden to attempt to artificially increase monies payable to you by Zodiacu Affiliates.

8.5. You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.

8.6. When advertising to customers in Great Britain, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communications, particularly in relation to free bet and bonus offers do not amount to or involve misleading actions or misleading omissions. Marketing communications that include a promotion must provide as such information about significant conditions as practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement) significant conditions must be displayed no further than one click away from the advert itself. Examples of free bet or bonus offers which may not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence for example only visible once scrolled down; when clicked, advertising banners take a customer direct to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available 'below the fold' on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above requirements are applicable to all forms of marketing communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority.

9. Zodiacu Affiliates' Obligations

 

9.1. Zodiacu Affiliates shall supply you with the Links for inclusion on the Your Website and may update such Links from time to time.

9.2. Zodiacu Affiliates shall use its best endeavors to ensure that whenever a Referred Customer signs-up with Zodiacu Affiliates through your affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, Zodiacu Affiliates shall not be liable to you in any way if Zodiacu Affiliates is unable to identify a Customer as originating from the Your Website.

10. Payouts

 

10.1 You will receive affiliate payments directly to your Zodiacu Affiliates player account.

10.1.1 As an affiliate, you can choose to receive payment via Skrill, Neteller, Banking account, or directly to your Zodiacu casino player account.

10.2. Payment for every finished month to be made before the 15th of following month.

10.3. The minimum sum for a monthly payment of affiliate payment is 200 EUR. If a Revenue Share does not exceed 200 EUR, Zodiacu Affiliates shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds 200 EUR, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than 200 EUR in any given month.

10.4. No negative carryover: If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will not be carried forward to the subsequent month(s).

10.5. Zodiacu Affiliates shall provide you with statements accessible through your personal affiliate page, zodiacuaffiliates.com, detailing the Referred Customers and your share of Net Revenues.

11. Intellectual Property

 

11.1. Zodiacu Affiliates grants you a non-exclusive and worldwide license to display the Zodiacu Affiliates brand features and related content (the " Zodiacu Affiliates Content") during the Term solely for the purposes of the display of the Links by you on the Your Website as set out in this Agreement and in accordance with Zodiacu Affiliates' guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by Zodiacu Affiliates to its customers from time to time shall remain the property of Zodiacu Affiliates. You are not permitted to alter or modify in any way the Zodiacu Affiliates Content without the express prior written consent of Zodiacu Affiliates.

11.2. You agree that the Your Website shall not resemble in any way the look and/or feel of the Zodiacu casino or Zodiacu Affiliates Site, nor will you create the impression that the Your Website is the Zodiacu casino and Zodiacu Affiliates Site (or any part thereof)." .

12. Warranties

 

12.1. Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.

12.2. You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement.

13. Disclaimer

 

We make no representation that the operation of the Zodiacu Affiliates Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

14. Indemnity

 

You (the "Indemnifying Party") shall indemnify on demand and hold harmless Zodiacu Affiliates and each of Zodiacu Affiliates' associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non performance or non observance by the Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement

15. Exclusion Of Liability

 

15.1 Nothing in this clause 16.1 shall limit Zodiacu Affiliates' be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Zodiacu Website

15.2 Zodiacu Affiliates shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.

15.3 The liability of Zodiacu Affiliates shall not, in any event, exceed the sum of the total monies paid by Zodiacu Affiliates to you over the 6 month period preceding the date on which such liability accrued.

16. Term

 

16.1. This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.

16.2. If you are in material breach of your obligations within this agreement, Zodiacu Affiliates may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on you Referred Customers, by written notice to you.

17. General

 

17.1. This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.

17.2. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

17.3. Any notice given or made under this Agreement to Zodiacu Affiliates shall be by email to the relevant email . Zodiacu Affiliates shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Zodiacu Affiliates.

17.4. Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

17.5. Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.

17.6. The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Netherlands Antilles. Each party irrevocably submits to the exclusive jurisdiction of The Netherlands Antilles courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.

18. Other language versions

 

Except for the English version, other languages have been introduced for the affiliates' convenience only. Should there be an ambiguity between the English text of the Terms and Conditions and its other language counterpart, the English version must be given priority oven any other one.

19. Changes To This Agreement

 

Clause 19 of this Agreement has not been varied or otherwise amended since 2d of July, 2015.