Terms & Conditions – Update 14 September 2023
Spudo Aps, a danish company listed in The Central Business Register under business number 40156518, VAT number DK40156518, owner of the affiliate platform known as “Spudo.com” having its registered office at Ladegardsgade 4, 1 sal, 9000 Aalborg, Denmark. Hereinafter referred to as “SPUDO”
SPUDO only accepts a Company / Association or Legal (Hereinafter called Company) entity with owners above 18 years of age, willing to promote products or services offered by SPUDO under the terms and conditions described below. Hereinafter referred to as the “Affiliates”
SPUDO does not accept any private individuals that want to promote products or services in the affiliate platform. Or accept any Company who are on the restricted list:
SPUDO has established an online affiliate platform accessible at spudo.everflowclient.io. Within this platform, SPUDO offers a comprehensive range of Casino, Sports betting and eSports affiliate programs from multiple Operators world wide, hereinafter referred to as the “Operators”
SPUDO grants Affiliates access to affiliate programs defined by the Operators. Affiliates are equipped with various marketing tools, such as tracking links, banners, logos and commission deals set forward for the Publisher to promote and gain commission based on the results delivered in the affiliate platform. Additionally, SPUDO provides support and ensures the timely payment of commissions generated through the affiliate programs is paid according to the payment terms.
To become part of the SPUDO affiliate network, Affiliates must register on the platform by completing an online registration form and agreeing to the specified Terms and Conditions. This Agreement takes effect upon the Affiliates acceptance and remains in force until terminated.
Affiliates also assume full responsibility for ensuring they have the legal right to promote Operators products or services through links, banners, or other marketing tools. SPUDO reserves the prerogative to assign these terms and conditions to any company of its choice.
The Agreement shall in all respects be governed by and interpreted in accordance with the laws of Denmark. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by the Danish Court of Denmark.
The appointment authority and administrator shall be the Aalborg Retten. The number of arbitrators shall be one. The place of arbitration shall be Denmark. The language to be used in the arbitral is english.
For the purposes of this Agreement, the following terms shall have the following meanings:
Operator: A casino operator is a company or organization responsible for managing and running a casino or a group of casino brands. Their primary role is to oversee all aspects of casino operations, ensuring they run smoothly and profitably while adhering to relevant regulations, withholding the needed licenses and laws across countries.
Affiliates: A casino affiliate is an entity that partners with online casinos to promote the operator’s services and drive traffic to their brands. Affiliates use various marketing methods, such as websites, social media, email marketing, sms marketing, permission marketing or content creation, to promote the Operators services. Affiliates then earn commissions based on the actions of referred players, such as signing up, depositing or wagering.
Affiliate program: An casino affiliate program is a marketing concept where operators can set the frames and restrictions for how their services can be promoted, what is needed before commissions can be paid out and when the payment for the service can be paid in full. Here the affiliates enter into a mutually beneficial partnership to promote the Operators brand (s) to their audience, without owning the promoted service.
Affiliate network: A casino affiliate network is an affiliate platform that focuses on collecting various affiliate programs from operators and connecting them to affiliates who want to promote their services. The affiliate network provides tools and resources for affiliates to manage their promotional activities, track their performance, access marketing materials and collect commissions in one single platform.
CPL: Cost per lead is a commission model where the Affiliate has delivered a player who has signed up to an Operator. The player has not made any deposit. A fixed CPL commission is hereby granted.
CPA: Cost per Action is a commission model where the Affiliate has delivered a player who has signed up to an Operator and made his first deposit. A fixed CPA commission is hereby granted.
Revenue Share: is a commission model where the Affiliate has delivered a player who has signed up to an Operator and made his first deposit. If the player loses an amount in the casino, a percentage of the loss will be paid to the Affiliate. This is called revenue share.
Hybrid: is a commission model where the Affiliate has delivered a player who has signed up to an Operator and made his first deposit. The Affiliate is paid a fixed commission for the CPL or CPA and a percentage of a potential loss from the player. This is called revenue share.
§3. Obligation of SPUDO
SPUDO is dedicated to ensuring the seamless operation of both the hardware and software components of our platform, granting Affiliates unrestricted access to all services outlined in this contract. In the event of a technical issue beyond SPUDO’s control, such as communication system failures or tracking complications, we are committed to promptly notifying the Publisher and swiftly resolving the technical challenge.
SPUDO will ensure the Publisher has continuous access to the affiliate programs campaign statistics, including clicks, signup data, first time deposit data and earned commissions. SPUDO also pledged to equip the Affiliates with essential marketing tools, such as tracking links, banner, logo and other marketing guidelines crucial for promoting the Operators affiliate programs.
Regular updates on newly launched affiliate programs, along with comprehensive information on the program’s terms, will be communicated to the affiliates through their chosen communication methods.
SPUDO retains the right to accept or decline new Affiliates seeking to join the network. In the event of rejection, SPUDO reserves the right to provide no explanation or compensation.
If technical failures affecting the platform’s operation occur due to reasons beyond SPUDOs control, such as communication or Internet Service Provider issues, we will promptly notify affiliates of the situation and its resolution. Such events will not impact the agreement continuation or give rise to any affiliate claims, as they are considered force majeure events.
SPUDO presents all information regarding the Affiliates commission owed by SPUDO, with calculations based on regularly updated statistics and reports. In the Affiliate account, earnings generated are accessible, pending confirmation and payment by SPUDO. All confirmed earnings are payable by SPUDO to the Affiliate.
For Affiliates, established within the European Union:
SPUDO is required to provide accurate VAT documentation and reporting to the Affiliate in cases where the Affiliate company is also established within the European Union. In this event, SPUDO is obligated to send full reporting in accordance with the VAT regulations established by the European Commission.
§4. Obligation of the Affiliate
To ensure accurate tracking of website user actions such as clicks, signups, and first time deposits on the Operators site, the Affiliate agrees to incorporate tracking links provided by SPUDO on all their promotions. The Affiliate shall not alter the appearance, location, or functionality of these links without obtaining prior permission.
Before promoting an Operators affiliate program, each affiliate must receive authorization from SPUDO to run the specific affiliate program. This authorization ensures that the affiliate site complies with all the Advertiser’s requirements, use of tracking links and awareness of commission models.
Affiliates are required to fully comply with all national marketing laws and guidelines applicable in their respective regions before engaging in any promotional activities with SPUDO. Adherence to these legal and regulatory frameworks is essential to ensure ethical and lawful marketing practices. SPUDO expects affiliates to operate within the bounds of the law, respecting consumer rights, data privacy, and all relevant marketing regulations in their jurisdiction. Failure to comply with national marketing laws and guidelines may result in the termination of this agreement.
SPUDO emphasizes the following:
• Affiliate running email marketing: The Affiliate is prohibited from promoting the Operators affiliate program via email marketing unless explicitly authorized by SPUDO. If email marketing is authorized, email promotions must adhere to opt-in practices in accordance with applicable laws and clear un-subscription presented in the creatives.
• Affiliate running SMS marketing: The Affiliate is prohibited from promoting the Operators affiliate program via SMS marketing unless explicitly authorized by SPUDO. If SMS marketing is authorized, SMS promotions must adhere to opt-in practices in accordance with applicable laws and clear un-subscription presented in the creatives.
• Brand Bidding: Bidding on brand keywords related to the Operators brand name on any “pay-per-click” platform is prohibited unless explicitly authorized by SPUDO.
• Celebrity: The use of celebrities in the Affiliate marketing creatives is strictly prohibited and will not be tolerated under any circumstances. Any such violation will result in the immediate termination of the agreement.
Failure to comply with these guidelines may result in the Publisher’s exclusion from the program, suspension of pending payments, and withholding of any “on hold” commissions in their account.
For Affiliates, established within the European Union:
The Affiliate undertakes the obligation to provide SPUDO with accurate VAT information and accompanying documentation, should their company be established within the European Union. In this event, the Affiliate is also obligated to send full reporting in accordance with the VAT regulations established by the European Commission.
§5. Fraud, Complaints & Violations
Fraudulent activities by Publishers are strictly prohibited by SPUDO
In the event of fraudulent activity, the contract will be immediately terminated without prior notice or compensation. If applicable, SPUDO reserves the right to seek reimbursement of erroneously paid amounts from the Affiliate and may initiate legal proceedings if necessary.
Unless expressly authorized in writing by SPUDO, the following operations will not be factored into commission calculations:
• Fraud: Any form of fraud committed by an Affiliate which in SPUDO sole opinion, is deliberately practiced by an Affiliate in order to secure a real or potential, unfair or unlawful gain, including but not limited to: Chargebacks; bonus abuse; offering or providing unauthorized incentives to potential referred players to encourage them to sign up, deposit or doing wrongful withdrawals, will be seen as fraud.
• Fraudulent signups or first time depositors: In the event of fraudulent promotion, signups or first-time depositors coming to the Operator or SPUDO’s attention, all traffic must be immediately halted. An investigation will be initiated to ascertain the particulars of the situation. SPUDO reserves the right to withhold the entire commissions presented on the affiliate account until the investigation is satisfactorily resolved.
• Complaints: In the event that SPUDO received complaints from the Operator, SPUDO reserves the right to pause all incoming traffic with no further notice. This will take into effect immediately by closing down the specific tracking link. No compensation in this event will be granted.
• Email & SMS databases: SPUDO has a strict policy against sending unsolicited emails or SMS spam, and it explicitly prohibits the utilization of third-party, purchased, rented, or harvested email/ or SMS lists. Any Affiliate account discovered engaging in spam activities will promptly be terminated due to violation of this agreement.
If fraud is detected, the contract will be immediately terminated without prior notice or compensation. If applicable,SPUDO may seek reimbursement of any improperly disbursed amounts from the Affiliate and retains the right to initiate legal action against the Affiliate.
§6. Billing & Payment
The affiliate commission will be presented in the affiliate platform, under Reporting.
Method. Bank wire transfers
Billing Period: Monthly Net 15
Affiliates have the option to select their preferred payment method, which includes Automatic Payment, where funds will be transferred to the bank details provided in the Affiliate Account. It is incumbent upon the Affiliate to ensure the accuracy and currency of their bank details at all times.
Please be advised that we cannot assume responsibility in cases where bank details are inaccurate or deactivated. ‘
Alternatively, Affiliates may opt to submit invoices directly to firstname.lastname@example.org using the email address associated with their Affiliate account.
To qualify for payment, earnings must reach or exceed a minimum threshold of €500. Commissions falling below this €500 threshold will be carried forward to the subsequent month’s payment cycle.
§7. Modification of the Affiliate Account
Should the Affiliate wish to update the information within their affiliate account, it is imperative that the Affiliate expeditiously informs SPUDO via written correspondence sent from the original email address used during the creation of the Affiliate account.
In such a scenario, the agreement will promptly and automatically be extended to encompass the Affiliate Account and its associated terms.
§8. Responsibility & Liability
The affiliate assumes full responsibility at their own risk, cost, and expense. The affiliate is the sole entity responsible for the distribution, content, legality, and methods used in their marketing promotion.
All marketing promotions conducted by the affiliate must adhere to professional, ethical, and legal standards in accordance with applicable laws, regulations, this Agreement, and the guidelines set forth by SPUDO.
The Affiliate pledges not to actively target individuals who are below the legal age for gambling, as determined by Applicable Law in the jurisdictions where all parties (Player/s, Operator/s, Affiliate) are situated. Additionally, the Affiliate shall refrain from actively targeting jurisdictions where such promotional activities are considered illegal.
At all times, the Affiliate commits to compliance with Applicable Law and, when necessary under such laws, shall obtain and maintain all essential licenses, approvals, or permits to fulfill their obligations under this Agreement and to be eligible to receive the commission.
In addition to any other limitations of liability stated elsewhere, SPUDO shall not assume responsibility for the following types of loss or damage suffered by the Affiliate:
• Incidental, indirect, or consequential damages of any nature
• Loss of business, profits, revenue, contracts, or anticipated savings
• Loss or damage arising from the corruption or loss of any data
• Violation of local marketing laws
The Affiliate acknowledges and agrees that SPUDO services are structured in accordance with this risk allocation and liability limitations.
The Affiliate can be held accountable to SPUDO for any damages resulting from inappropriate conduct during the cooperation, such as the use of prohibited promotional methods, dissemination of false information, or actions that harm SPUDOs reputation.
§9. Force Majeur
None of the parties shall bear responsibility for any failures or delayed actions outlined in this agreement arising from a force majeure event.
Force majeure is defined as an exceptional event or circumstance beyond the control of the parties, which impedes one or both parties from fulfilling some or all of their obligations under this contract or renders the performance of such actions unduly burdensome or challenging.
Such events include but are not limited to natural disasters, war, political upheavals, labor strikes, actions by public authorities, such as the invalidation of gambling regulations or the imposition of new taxes.
It is mutually agreed that a force majeure event will lead to the temporary suspension of this agreement for the duration of the extraordinary event. In the event that a party seeks to employ force majeure as a basis for terminating the contract, they are obligated to promptly inform the other party.
This Agreement is designed to remain in effect indefinitely but can be terminated under various circumstances:
Termination for Cause:
SPUDO reserves the right to terminate this contract with immediate effect, provided written notice is given to the affiliate, in the event of breach of its obligations under this Agreement.
Termination without Cause:
SPUDO retains the option to unilaterally terminate this agreement with a notice period of 48 days, without the need for explanation. No compensation shall be payable to the Affiliate in such cases.
Termination for Non-Use:
Any affiliate account deemed inactive (as per the definitions provided) will be automatically closed, with all pending commissions associated with that account left unpaid.
Consequences of Termination:
Upon the termination of this Agreement, the Affiliate is obligated to immediately discontinue the use of the the affiliate platform.