Between the DIAMOND FC LTD, 207195619 ,company registered in the commercial register of Bulgaria under number 207195619 with registered office in Bulevard Nikola Petkov, 52 , Office 1 - 4, 1618 Sofia – Bulgaria..Hereinafter also referred to as " DIAMOND FC LTD, 207195619 "And a company and / or association and / or legal person and / or sole proprietorship and / or natural person, in any case over the age of 18, who has declared the age in the registration form, willing to promote the products or services offered by DIAMOND FC LTD, 207195619, according to the terms and conditions described below, hereinafter referred to as "Publisher"
There DIAMOND FC LTD, 207195619 |
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There DIAMOND FC LTD, 207195619
‐has created and developed an affiliation platform available online at https:// www.diamodaffiliationbc.com;
‐ provides all types of marketing services through its platform Diamondaffiliation, such as: marketing campaigns, customer service and brand advertising;
‐ provides access to publishers to marketing campaigns set up and defined by advertisers and available on the platform Diamondaffiliation. It offers, on the network, the supportallandmemberspaymentof theof
the commissions generated for the promotion campaigns of the
advertisers, through text link banners and other tools available on the platform Diamondaffiliation. With regard to the above:
1)Any webmaster or site owner, to be part of the named network Diamondaffiliation, must register on the platform by filling in the appropriate online form and accept the Terms and Conditions.
2)The publisher, with the registration confirms a DIAMOND FC LTD, 207195619 who is not a private individual under the age of 18 and who has full legal rights to join the affiliate network. It is pointed out that the access is FORBIDDEN to minors under the age of 18.
3)This Agreement comes into effect from the time the Publisher is approved as an Affiliate and will remain in effect until terminated.
4)The publisher has its own and exclusive responsibility to ensure that it has the legal right to promote advertisers through links or other marketing tools.There DIAMOND FC LTD, 207195619 in any case reserves the right to delegate these terms and conditions to any other company of its choice, without this implying any authorization or request of any kind from the affiliates.
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THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS:
ARTICLE 1: PURPOSE OF THE AGREEMENT
The purpose of this contract is to establish both the conditions and the terms and methods of implementation of the marketing campaigns of the Inserzionists on the platform and the structure of the commission (s) due from DIAMOND FC LTD , 207195619 to the publisher/affiliate.
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ARTICLE 2: OBLIGATIONS OF DIAMOND FC LTD, 207195619
There DIAMOND FC LTD, 207195619 undertakes towards the Affiliates to guarantee the functioning of the platform, giving users access to the services available on the platform according to the terms and conditions of this contract.
For this purpose it should be noted that in the event of a technical failure that affect the operation of the platform for
reasons beyond the control of the DIAMOND FC LTD, 207195619 LTD,by way of example and not limited to a failure in the system of the internet service provider, the DIAMOND FC LTD, 207195619 undertakes to inform the publisher of the situation and to provide for the resolution of the technical problem as quickly as possible, without in any case this entails and / or determines the creation of any right or claim by the publisher against him. |
There DIAMOND FC LTD, 207195619 undertakes to record and store digital information transmitted by users only for the period strictly necessary for the execution of the contract |
There DIAMOND FC LTD, 207195619 undertakes to guarantee the permanent availability and access of the Publisher to the statistics of advertisers' campaigns, such as impressions, clicks, registrations and generated profits (so‐called Commissions). |
There DIAMOND FC LTD, 207195619 will regularly release information, via newsletters, to members of the affiliate network, on new campaigns launched, while providing complete information on the terms and conditions of the campaigns themselves. |
There DIAMOND FC LTD, 207195619 reserves the right to unquestionably accept or reject any new Publisher / Affiliate. In case of refusal, the DIAMOND FC LTD, 207195619 reserves the right not to provide any explanation and / or compensation of any kind. |
There DIAMOND FC LTD, 207195619 undertakes to provide the Publisher with all the tools for necessary marketing, such as text links and assistance,via EMAIL at the address info@diamondaffilationbc.com |
There DIAMOND FC LTD, 207195619 will provide detailed information on the commissions due to the Publishers. The same will be calculated on the basis of the statistics and reports held by DIAMOND FC LTD, 207195619.
The reports will be updated on a daily basis.
In the personal profile, the publisher has access to all the statistics of the generated earnings. These earnings will remain on standby until confirmed and paid by the advertiser. All confirmed earnings become payable by DIAMOND FC LTD, 207195619 to the publisher. |
ARTICLE 3: EDITORS 'OBLIGATIONS
The Publisher undertakes to implement and permanently display the links provided by DIAMOND FC LTD, 207195619 on every page of your website. The Publisher undertakes not to publish or show links on websites or spaces that are different from those indicated during registration without the prior authorization of DIAMOND FC LTD, 207195619 there is an absolute prohibition on any action that could, even indirectly, lead to fraudulent action by the Publishers.
The Publisher undertakes to insert the tracking links provided by DIAMOND FC LTD , 207195619 to ensure proper tracking of website user actions such as impressions, click registrations and deposits on advertisers' site.
Each Affiliate site must be expressly authorized by DIAMOND FC LTD, 207195619 in order to start promoting advertisers' campaigns.
Advertisers' visuals and hyperlinks should only be placed on sites authorized by DIAMOND FC LTD, 207195619 . In case of deliberate use of banners or hyperlinks on a site not authorized by DIAMOND FC LTD, 207195619, the partner will be suspended immediately and this could lead to termination of the contract.
The publisher undertakes to respect the methods of carrying out each marketing campaign according to the specifications provided by the advertiser. Any action not foreseen or not described in the advertiser's marketing campaign will be subject to the advertiser's approval.
DIAMOND FC LTD, 207195619 draws the Editor's attention to the following points:
Mailing:unless explicitly authorized to do so by the advertiser and DIAMOND FC LTD, 207195619 , it is formally forbidden for the publisher to promote the advertiser's website by email, except when using the visual elements provided by the advertiser. If the advertiser authorizes the sending of emails, the publisher must obtain the approval of DIAMOND FC LTD, 207195619 for the visual element intended for use.
Furthermore, the Publisher certifies that the e ‐ mail sent must be made on an opt‐ in, in accordance with applicable law.
Incentive:unless expressly authorized by the advertiser and by DIAMOND FC LTD, 207195619, it is formally forbidden for the publisher to offer "prizes" or "bonuses" to web surfers in any form. If the advertiser authorizes the incentive, the publisher must comply with the exact modalities and, if necessary, obtain the advertiser's prior authorization.
Offer for the brand:unless explicitly authorized by the advertiser and by DIAMOND FC LTD, 207195619, the publisher is formally prohibited from bidding on any brand keyword related to the advertiser's brand name on any pay per click platform. Ailure to do so may result in the Publisher being excluded from the affected program and pending payment may be blocked, as well as any "pending" fees from your account.
The Publisher also expressly acknowledges and accepts that it will be fully obliged to indemnify the DIAMOND FC LTD, 207195619 in the event of any claim or dispute by third parties that may arise as a result of the activity put in place by the same, in the widest possible meaning and without any limitation, as well as any further compensation for damages.
The Parties are independent and autonomous entrepreneurs, each with their own separate business, financial and legal responsibilities;
By accepting our Terms and Conditions, the Publisher also accepts our Privacy Policy and our Cookie Policy, available on the website www.diamondaffiliationbc.com. |
ARTICLE 4: FAIRNESS OF BEHAVIOR ‐ FRAUD
All actions aimed at artificially increasing the commission due to the publisher are prohibited. Any action carried out automatically or not by the Publisher with fraudulent. Likewise, any action that does not respect the methods of implementation of a marketing campaign can be deemed fraudulent by DIAMOND FC LTD, 207195619 , without further justification. In the event of fraud, the contract will be terminated with immediate effect, without notice and without any compensation. If applicable, DIAMOND FC LTD, 207195619 will request the reimbursement of sums unduly paid to the Publisher, reserving the right to initiate legal proceedings against the same. Except with the prior written permission of DIAMOND FC LTD, 207195619, the following operations are not taken into account in the calculation of the commissions:
‐ forced clicks: a forced click is considered a click on the visual element of an advertiser imposed on a web browser to grant the latter access to the partner's website, to confirm an action such as participation in a game , to send a message, etc. in any case, the list is not to be considered exhaustive;
‐ artificial and repeated clicks not made by a web browser, i.e. an individual who freely chooses to click on the visual element of an advertiser, clicks made by a robot, clicks by means of a software or by any other means;
‐ Clicks obtained using modified tags;
‐ Clicks obtained using tags placed on a website that has not been declared by the partner;
‐ The automated generation of e‐mail addresses;
‐ Multiple registration of the same state in order to mislead the advertiser;
‐ And more generally, the events obtained by the partner as a result of its failure to comply with these conditions, including its obligations towards the advertiser. |
ARTICLE 5: BILLING CONDITIONS AND PAYMENT TERMS
There are different types of remuneration:
CPA (FLAT): Cost Per Acquisition Online advertising payment model where payment is based solely on qualifying sales.
CPA (PROGRESSIVE): Cost per acquisition: the amount of the CPA is defined by levels calculated from the revenues generated by the affiliate's players.
CPM (cost per thousand): Cost per thousand impressions.
CPC (cost per click): The cost or equivalent of the cost paid per click.
CPL (Cost per Lead): Used in online advertising, CPL defines the amount of revenue a publisher receives when creating a lead for an advertiser.
REVENUE SHARE: The revenue share payment model is a percentage calculated from the net revenue generated by affiliate players.
HYBRID: Payment model that combines the CPA and Revenue Share models.
DIAMOND FC LTD, 207195619 will acquire track of each visit to the advertiser's site. Based on the information collected, the publisher's commission will be determined and paid by the advertiser.
In the event of non‐compliance (non‐payment of the sums due), the payment of the commission to the Publisher, due by DIAMOND FC LTD, 207195619 will be subject to amicable settlement or litigation, of the Advertiser's debt towards DIAMOND FC LTD, 207195619.
DIAMOND FC LTD, 207195619 processes payments to its affiliates, twice a month, using the payment information filled out in the partner's account. Commissions must reach the minimum payment threshold of 100 Euros (this figure can be changed and varies between 100 ‐ 1000 Euros). Commissions of less than 100 Euros will be carried forward to the next month's payment session.
DIAMOND FC LTD, 207195619 cannot be held responsible in any way for delays in the payment of commissions. All commissions generated are subject to final advertisers approval and after they are confirmed and paid to DIAMOND FC LTD , 207195619 become payable to Affiliated Publishers.
Upon issuance of the report, an email will be sent to the Publisher by the staff with all the detailed information on the invoicing of the fees. |
ARTICLE 6: MODIFICATION OF A WEBSITE
Any change made to the name of any of the Publishers' websites and any changes to the location of the hosting, its size, its purpose, its updating frequency, will not have any effect on the Agreement, the application of which, by law and automatically, it will in any case be addressed to the modified website.
This Agreement refers to all locations of the hosting of this site, existing or future. In the event that the Publisher changes its website significantly or disseminates the same on different sites, it will be required and obliged to inform the DIAMOND FC LTD, 207195619 in order to allow a re‐ evaluation of the characteristics of the Publisher's site. Once the operation is completed, the contract will automatically apply to these new sites. |
ARTICLE 7: LIABILITY OF THE CONTRACTING PARTIES
Neither of the contracting parties may be held liable for any indirect loss suffered by the other.
Neither of the contracting parties will be liable for any damages, direct or indirect, or in any case that may, to some extent, be considered and / or related to this agreement, including, by way of example and not exhaustive and therefore without limitation, the loss of profits, loss of income, loss of customers, loss or corruption of data.
There DIAMOND FC LTD, 207195619 cannot be held responsible by the Publisher if the same does not is able to identify a new depositing user or a user from the affiliate site.
The overall responsibility of DIAMOND FC LTD, 207195619 in this Agreement it will in no case exceed the amount of the commissions paid by DIAMOND FC LTD, 207195619 during the period of one month from the date on which the disaster or cause of compensation occurred.
DIAMOND FC LTD, 207195619 specifically points out that the advertising of bets and games offered on the affiliate platform or the acquisition of bets and gambling is subject to legal restrictions in some countries and possibly even prohibited.
In such event, the Affiliate Partner acknowledges that it is not authorized to post advertising material of DIAMOND FC LTD, 207195619 on its website. In this case, the affiliate partner is also prohibited from participating in the affiliate program and registering for this through a Diamondaffiliation.
If discomfort occurs, in any form, for DIAMOND FC LTD, 207195619 or for the Publisher due to ignorance of the prohibitions in the Publisher's country of residence, the Publisher will be solely responsible for these inconveniences. |
ARTICLE 8: CAUSES OF FORCE MAJEURE
Neither party will be held responsible for failures or delayed actions indicated in this agreement caused by an event of force majeure.
Force majeure should be defined as an extraordinary event or circumstance beyond the control of the parties that prevents one or both parties from fulfilling part or all of the obligations arising from this contract or such as to prejudice the execution of the actions. making it excessively burdensome or difficult to fulfill.
As such are considered: natural disasters, wars, political changes, strikes, the act of a public authority, including the invalidation of laws or regulations to operate games of chance or the creation of taxes. It is understood that force majeure will only result in the suspension of this agreement, during the period in which this extraordinary event occurs. The party who would use force majeure as a pretext to terminate the contract will have to inform the other party |
ARTICLE 9: INTELLECTUAL PROPERTY
Publishers advertising one of the advertiser's brands on their websites will have no intellectual right in the marketing tools, products or services offered by this advertiser.
The use of the Software by the Publishers confers only a right of use, not exclusive and limited by the continuation of the contract.
For the duration of the campaign DIAMOND FC LTD, 207195619 grants to Publishers and only for the specific campaign, a non‐exclusive right to use the Advertiser's trademarks and trade names for commercial purposes.
The Publisher undertakes not to violate, directly or indirectly, the intellectual property rights of DIAMOND FC LTD, 207195619 and advertisers on the DIAMOND FC LTD, 207195619 (Diamondaffiliation).
Nothing in this Agreement constitutes a license, assignment, transfer or other law on intellectual property, including, without limitation, patents, trademarks, copyrights, databases and know‐how in the broadest sense, which are and will remain the exclusive prerogative of DIAMOND FC LTD, 207195619. |
ARTICLE 10: DURATION AND TERMINATION OF THE CONTRACT
This agreement is for an indefinite period. Except in the following cases:
Termination for just cause
There DIAMOND FC LTD, 207195619 may terminate the contract, with immediate effect, by giving written notice to the Publisher by e‐mail, in the event of a breach of any of its material obligations as provided for in this agreement and if it fails to remedy it within 10 days of receipt of the request. made by DIAMOND FC LTD, 207195619.
Termination without just cause
The Editor expressly acknowledges and accepts that the DIAMOND FC LTD, 207195619 will have the right to unilaterally terminate this agreement by giving the Publisher 30 days' notice starting from the receipt of the communication sent to him by e‐mail, by the DIAMOND FC LTD, 207195619, without the need for any motivation and / or explanation whatsoever. No request for damage can be made and / or claimed by the Publisher by express provision.
Termination for non‐use
Any inactive affiliate account as specified in the following art. 11 “DEFINITIONS”, will be automatically closed and all outstanding commissions relating to this account will not be paidНto the affiliate. Consequences of the Termination
In the event of termination of this agreement, the Publisher immediately ceases to use all services and the platform. The Publisher will be obliged to return, no later than seven days from the termination, all confidential information transmitted to the same by the DIAMOND FC LTD , 207195619 under penalty of damages. |
ARTICLE 11: DEFINITIONS
For purposes of this Agreement, the following terms will have the following meanings:
PLATFORM: The Software DIAMOND FC LTD, 207195619, named Diamondaffiliation, available online and enabling the link between Advertisers and publishers by providing detailed information for publisher performance on advertiser accounts such as impressions, clicks, signups and deposits.
AFFILIATE / PUBLISHER: Person or entity, member of the network, who hosts advertisements on their website and generates commissions for the products sold through the links / banners or any other marketing materials on their sites. If the Publisher is a person, you must be at least 18 years of age.
ADVERTISER: A person, organization or company, who reaches out to new customers by launching different types of marketing campaigns, through the affiliate network of DIAMOND FC LTD, 207195619.
WEB SURFER: A natural or legal person connected to the Internet, who uses the web to carry out actions ‐
interactive or otherwise, such as viewing websites, exchanging information or performing legally recognized actions such as purchasing products or services.
MARKETING CAMPAIGN: A set of conditions governing the relationship between the Webmaster and the Advertiser, including the remuneration (commission) payable by the Advertiser to the Webmaster.
Diamondaffiliation database: a database that collects all information relating to webmasters
and leads generated as part of the marketing campaigns introduced by the advertiser.
ACTIVE AFFILIATE: an affiliate who has logged into their gambling affiliate account at least once in the past 12 months. INACTIVE AFFILIATE: An affiliate who has not logged into their gambling affiliate account in the past 12 months.
ACCOUNT CLOSED: I realize that it is no longer accessible by the affiliate |
ARTICLE 12: GENERAL FINAL PROVISIONS
The Publisher acknowledges and expressly accepts that this agreement cannot in any way be subject, not even partial, to transfer to third parties, unless there is an express written authorization from the DIAMOND FC LTD, 207195619. Where for any reason it should be ascertained that any provision of this Agreement is invalid or unenforceable, the parties expressly agree that the remaining clauses of the agreement will in any case be considered valid and effective.
The acceptance of this agreement constitutes a formal understanding and agreement between the parties, complete and exclusive as regards its object, and replaces all existing agreements, whether written or verbal, in relation to the subject.
Any waiver, modification or amendment of this agreement will be effective only if in writing and signed by the authorized representatives of each party.
ARTICLE 13: LAW AND JURISDICTION
This agreement is fully regulated and interpreted in compliance with the laws of the Bulgarian Republic which, although not provided for therein, are applicable in any case.
All disputes or complaints deriving from and / or relating to this agreement, and / or violation, and / or termination and / or invalidity of the same, must be resolved through the preliminary recourse to arbitration in accordance with the provisions of the laws of the Bulgarian Republic. .
ARTICLE 14: MODIFICATIONS AND VARIATIONS
There DIAMOND FC LTD, 207195619 in any case, without prior notice, reserves the right to modify or supplement this contract at any time. The Publisher acknowledges that in any case the same will be informed of the contractual change and that the publication on the website of the new conditions will find immediate application between the parties.
(1)Legible Signature
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(2)Place_____________________________
Date _______________________________
(3)Identification document type
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(4)Document number
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(5)Issue date
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(6)Expiry date
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Sign, also on the side of each sheet, adding the type of identification document and the number |
