1. Introductory Provisions The purpose of this instrument is to regulate all policies applicable to individuals and companies interested in signing up for the affiliate program of the websites www.brasilbingo.com and www.jogouganhou.com, hereinafter called Brasil Bingo and Jogou Ganhou, through this Term of Agreement. Membership in the Club Affiliate Program, hereinafter referred to as Term, with respect to your relationship with your affiliate partner, hereinafter referred to as Affiliate, where new accesses will be generated, through each new visitor, hereinafter User, from the website, blog, social network or any Affiliate URL, hereinafter referred to as Affiliate Site. Club Affiliates may change the content of this agreement or part of it at any time (even without prior notification to the contracting party).
2. Definitions 2.1 “Affiliate” means any natural or legal person who, after joining the Club Affiliate Program, leaves space available on a homepage, website, other media platforms, e-mail, SMS, Whatsapp, etc. (“Affiliate Website” or “Advertising Spaces”) intended for the commercialization of businesses and / or services and the acquisition of new depositors at Brasil Bingo and Jogou Ganhou. 2.2 “Bonus” means any alleged “free money”, “free bets”, “free games”, “money refund”, “credit replacement” and / or the like; and / or vouchers, rebates, discounts and / or similar that the new depositor can use to pay for games (bets). 2.3 “Brand” means the name, concept or identity under which services or businesses are, in general and periodically, recognized in the public domain worldwide. The branda are, and remain Brasil Bingo and Jogou Ganhou property. 2.4 "Business" means the business of Brasil Bingo and Jogou Ganhou that consists of all bets and any general search of the Brasil Bingo and Jogou Ganhou websites. 2.5 “Confidential information” means any information of commercial value for the Parties, as follows, without limiting it to this: technological, market and business information, financial reports, know-how, trade secrets, products, processes, strategies business, research information, databases, lists of new depositors, prospecting and data for new depositors, supplier lists, marketing plans, product development, mode of operation or financial situation or perspective. 2.6 “Database” means the database of affiliates and new depositors, which contains all the data exclusively owned by Brasil Bingo and Jogou Ganhou on new depositors, which are relevant to the contract, including without limitation of personal data and information for contact, excluding all other databases held by Brasil Bingo and Jogou Ganhou, as this contract governs from the date it was signed, and how it will be sustained until the date on which this contract is terminated. Databases are assets of financial value that belong to Brasil Bingo and Jogou Ganhou and represent a substantial investment by said Brasil Bingo and Jogou Ganhou. 2.7 “Intellectual Property Rights” means any right over software (including source codes), rights over databases, over know-how, rights over creation, topography, copyrights, trademarks, domain names, public models (inventions ), trademarks, trade names, registrations and registration requests for any of the aforementioned items and / or rights to the nature of any of those items. 2.8 “Paying Agent” means the person appointed by the Club Affiliates to make payments to affiliates on their behalf. 2.9 “Personal data” means any information regarding any person, whether physical or legal, that is or can be identified periodically (directly or indirectly). They include any and all information regarding new depositors and / or affiliates, without being limited to them. 2.10 “New activities” means any service or product related to the business that is not offered through the Brasil Bingo and Jogou Ganhou websites until the date of this agreement and that will be offered through the Brasil Bingo and Jogou Ganhou websites from this date onwards. 2.11 “New depositor” means a new customer who, in accordance with the terms and conditions periodically in effect for customers, made a first minimum or higher deposit with Brasil Bingo or Jogou Ganhou, or the equivalent amount in any other currency accepted by Brasil Bingo and Jogou Ganhou, whose deposit is used for transactions in good faith in order to establish and initiate a normal commercial relationship with Brasil Bingo and Jogou Ganhou within the business branch. 2.12 “Gross Revenue OR Net Deposits?” means: the total gross losses of your customers calculated as follows: Player Deposits - Withdrawals - Outstanding balances in cash at the end of the month (and / or Outstanding withdrawals) 2.13 “Net Revenue” means: the total net loss/NetDeps of your customers, that is, the total positive revenue (profits) that these customers have left on an Affiliate Club website MINUS the following costs: fees charged by companies responsible for payment methods and credit cards PLUS credit card chargebacks (ie: amounts attributable to credit card fraud/non payments/non-transfers) PLUS Software Licensing Costs & Royalties PLUS Fixed and / or Bonus Promotional Costs given by the website. Negative Net Revenue balances in a given month will be transferred to the next month and deducted from the Net Revenue of that month. 2.14 “Monthly Net Revenue” means Net Revenue calculated on a monthly basis. 2.15 "Services" means the concept under which the business is provided and routinely made available in the public domain, in the language and homepages format. 2.16 “Technical platform” means technical tool, remote administration modules, functionalities and data for registration, registration and monitoring of the relevant activities of the affiliates, business and other activities between the Affiliate Club and new depositors, which materialize through the advertising space of the affiliate interest, allowing, ultimately, managing the movements of new depositors of affiliates, opened in Brazil Bingo and Jogou Ganhou.
3. Acceptance The Affiliate acknowledges that it accepts participation in this program and all terms automatically on registration.
4. Registration Affiliate registration must be done through the website http://afiliadosclub.com; or through forms/registration forms sent directly from the email of the Affiliated Club (firstname.lastname@example.org); or through Skype conference interviews, filling out all the information that is requested completely and correctly.
5. Exclusion 5.1 The Affiliate Club reserves the right to exclude any Affiliate, at its discretion and at any time, if it suspects any breach of this Term. 5.2 The Affiliate Club reserves the right to exclude any Affiliate or cancel any affiliate relationship if it unduly changes the name, trademark, images, promotions, pages, texts, even partially, the promotional pieces or any copyright of Brasil Bingo or Jogou Ganhou, without prior and express authorization. 5.3 In all cases of exclusions, the Affiliate Club reserves the right to retain any fees that may be due to the Affiliate, without prejudice to claiming damages for damages, and the excluded Affiliate must immediately remove and / or destroy any promotional material that is in your possession. 5.4 It is strictly forbidden to transmit prices or values of any product of Brasil Bingo or Jogou Ganhou. 5.5 The Affiliate Club reserves the right to exclude the Affiliate that publishes any material, image or content related to the following in its URL: a) promoting pornographic materials; b) promote any illegal activity; c) promoting pedophilia; d) target its content to minors under 18; e) promote any type of social discrimination; f) violate copyright; g) violate intellectual property laws; h) promoting any form of violence against human nature
6. Payments 6.1 The Affiliate will receive a commission, which will be calculated based on the Monthly Net Revenue generated by their players on Brasil Bingo and Jogou Ganhou. 6.2 Monthly Net Revenue includes total player losses MINUS certain costs/deductions set out herein. 6.3 Deductions to Net Revenue are as follows: a) Software and Content Royalties = 15% fixed. b) Processing Costs = 10% fixed. c) Fraud and Bad Debts = will be charged when there is fraud and / or bad debt. d) Fixed Promotional Cost = will be charged when there are physical prizes with a fixed cost
6.4 Monthly Percentages of Net Revenue: The commission percentage payable to the Affiliate is determined based on number of new depositors generated by the Affiliate in each month (ie: users making their 1st deposit for the first time). Commission percentages are adjusted as follows
Number of First Depositors / Month
% of Commissions
1 - 14
15 - 30
31 - 75
Example 1: Number of New Depositors Monthly in a given month: 20 Total Monthly Net Revenue generated from Affiliate’s Players: R$100,000 Commission Percentage: 30% Total commission payable: R$30,000
Example 2: Number of New Depositors Monthly in a given month: 40 Total Monthly Net Revenue generated from Affiliate’s Players: R$500,000 Commission Percentage: 40% Total commission payable: R$200,000
All amounts are calculated in Brazilian Real (BRL).
6.5 The period for calculating Net Revenue will be between the first day and the last day of each month. 6.6 Commission values will be paid for 24 months (2 years) after the player's registration date, subject to section 6.7 below. 6.7 If the Affiliate does not generate a minimum of 15 New Depositors per month for 3 consecutive months, this agreement will be automatically terminated and all recurring fees payable to the Affiliate will be canceled. Club Affiliate reserves the right to change these terms or make other adjustments / agreements by written agreement with the affiliate directly. 6.8 The affiliate must send an invoice, monthly (depending on the contract), informing all the details of its activity to complement the payment. 6.9 The invoice generation is the Affiliate's sole responsibility unless the invoice generation is specified differently in writing by the Affiliate Club. 6.10 The commission payment will be made in the form of bank transfer in the Affiliate's current account or in the form of credit in the account of the Affiliate's user in Brazil Bingo or Jogou Ganhou, according to the receipt method previously indicated during the Affiliate's registration. 6.11 Payment will be made within 30 (thirty) days after sending the invoice and the Affiliate Club has verified the data provided. 6.12 The Affiliate is responsible for providing all correct bank details for payment. 6.13 The Affiliate Club is not responsible for any bank details and / or divergent data sent on the invoice by the Affiliate. 6.14 The Affiliate Club is not responsible for any cost and / or value lost due to incorrect bank details. 6.15 In case of incorrect processing due to incorrect data provided by the Affiliate, the Affiliate will be responsible for all costs related to this activity. 6.16 If there is negative Monthly Net Revenue (debit balance) in a given month, the negative amount will be carried over to the subsequent month. 6.17 The Affiliate and the Affiliate Club will be responsible for the payment of all taxes, duties and contributions levied on their financial operations and services provided, in accordance with the local legislation of each country.
7. General Provisions 7.1 The Affiliate Club requires that third parties with advertising space promote their brand and expand their business, mainly by increasing the number of new depositors, and periodically together with third parties, they will negotiate, sign and carry out their affiliate market strategy. At the Afiliados Club event, use third parties to (partially) implement your affiliate's market strategy, including contract negotiation, daily administration of the technical platform, payment processing, marketing or other activities, regardless of the legal capacity of the intermediary, be an agent, subcontractor or other, Affiliate Club is and will continue to be solely responsible for the proper performance of the contract. 7.2 The Affiliate Club expressly requires that promoting or ordering bets is subject to legal restrictions in certain countries and may even be prohibited in some cases. These restrictions may vary from time to time. Thus, the affiliate recognizes that if the promotion or solicitation of bets or participation in lotteries is prohibited by the rules and regulations of your country of domicile or is allowed only under certain conditions, you cannot be part of this contract and you do not have, therefore, the right to publish your link on our website. The affiliate agrees to be solely responsible for all risks. 7.3 The affiliate further confirms that it operates the affiliate's website in its own name and that it is fully authorized and without restrictions to do so. 7.4 Unless otherwise agreed, in writing by the parties, each party will continue to be solely responsible for any and all expenses (including investment and / or operating costs) incurred in complying with the obligations assumed under this contract and not will have the right to appeal against the other party in connection with this. 7.5 The Affiliate Club reserves the right to change the rules of this Term at any time and circumstance at its sole discretion, without prior notice. 7.6 Club Affiliates may modify any of the terms and conditions set out in this Agreement, by updating it on the website, and / or by notifying the affiliate by email notice. If any modification is unacceptable to the affiliate, the remedy is the termination of this agreement. The affiliate's participation in the program continues, it will constitute acceptance of the binding changes. 7.7 The Affiliate's acceptance by this Term does not constitute the constitution of any company, commercial representation, franchise or employment relationship between the Affiliate and the Affiliate Club. 7.8 The Affiliate is not authorized to accept, make any offer, sell, declare or in any way act on behalf of the Affiliate Club. 7.9 Direct family members, such as spouse, father, mother, child, brothers, sisters, etc., will not be configured as part of the Affiliate Users network, therefore the Affiliate will not receive commission under this type of User. If there is confirmation of suspicious action, the respective amounts will be automatically canceled. 7.10 If the Affiliate has a user account at Brasil Bingo and Played Won, his bets will not generate commission for his own Affiliate Program account.
8. Affiliate's Obligations 8.1 Throughout the term of this agreement, the affiliate must prominently incorporate and continually display updated marketing tools provided to the affiliate by Club Affiliates on all pages of their website, in the manner and location agreed between the affiliate and Club Affiliates and the first You may not change the form, location or operation of the marketing tools without the prior consent of the Affiliate Club. 8.2 The affiliate agrees to provide the Affiliate Club with reasonable assistance in relation to the display, access, transmission and maintenance of the links. 8.3 The affiliate must ensure that it will not place any marketing tools on the pages of its website that are directed to people under 18 years of age. 8.4 In the event that the affiliate wishes to insert marketing tools on websites other than his own, he must first obtain written consent from the Affiliate Club. 8.5 The Affiliate Club has the right to monitor the affiliate's website to make sure that it complies with the terms of this agreement and the affiliate must provide data and information (including passwords) to the Affiliate Club in order to enable the latter to carry out the referred monitoring. without any burden. 8.6 The affiliate may not acquire or register encrypted words, search terms or other identifiers for use in a search engine, portal, sponsored advertising service or other search or forwarding services, which are identical or similar to any registered trademark or, in other context, include the word “Brasil Bingo” and / or “Jogou Ganhou” and / or “Club Affiliates” or variations of them, or include meta-elements (meta tags) on your website, which are identical or similar to any Affiliated Club trademark. 8.7 The Affiliate is obliged to indemnify and exempt the Affiliate Club from any responsibility for using unauthorized advertising material.
9. Club Affiliate Obligations 9.1 It is the responsibility of the Affiliate Club to pay commissions to the Affiliate. 9.2 The Affiliate Club is responsible for the administration, processing and management of the accesses of the Users who use the websites www.brasilbingo.com and / or www.jogouganhou.com. 9.3 The Affiliate Club shall provide the affiliate with the marketing tools for inclusion on the affiliate's website and shall update such tools from time to time. 9.4 The Affiliated Club is allowed to exercise any of its rights or fulfill any of its obligations under this document through any company in the group that includes the Affiliated Club and the Brasil Bingo and Jogou Ganhou websites. 9.5 The Affiliate Club must, at its discretion, have the right to accept or decline any offer to perform the general affiliate marketing contract. In the event that the Affiliate Club declines an offer, it should not be required to indicate a reason, nor should it owe compensation, remuneration or other compensation.
10. Final Considerations All conditions set forth in this Term, for both parties involved, will prevail over any other agreement or combination between the parties, even if in writing.
11. Of the Forum The parties agree that in the event of a dispute or arbitration, both parties will comply with the laws of England and Wales and their courts.