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 do not continue with your application. Should you have any questions regarding our affiliate program please contact email@example.com for further information.
1.1 This document (the "Agreement") outlines the terms and conditions agreed between us, PlayFrank Affiliates (referred to herein as "PlayFrank.com", "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 www.PlayFrank.com website and our services.
1.2 PlayFrank.com reserve the right to update or modify this Agreement by notice via message to your email address 5 days in prior to any changes being implemented and presented online at the site within the section of affiliate terms and conditions. Should 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 will be published in clause 14 within this agreement available in updated version on frankaffiliates.com. If you continue to participate in our affiliate program also after changes to the agreement has been posted this will be constituted as a binding acceptance of such changes by you.
1.3 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. PlayFrank.com 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 PlayFrank.com website and services. PlayFrank.com will email you with further information upon acceptance of your application.
In this Agreement unless the context otherwise requires:
"Affiliate" means any natural and legal person who, after having entered into this Agreement, makes space on its website or other media platform ("Affiliate Site" or "Advertising Space") available for PlayFrank.com Content and the acquisition of Referred Customers.
"Bonuses" means any so-called "free money", "free bets", "free spins", "money back", and/or similar; and/or vouchers, rebates, discounts and/or similar that the Referred Customer can utilize as payment for stakes (bets).
"Calendar Days" means any day of the week, month or year including bank holidays and weekends.
"Confidential Information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
"Database" means the database regarding Affiliates and Referred Customers, containing any PlayFrank.com proprietary Referred Customer data with relevance to the Agreement, including without limitation personal data and contact information, and excluding all other PlayFrank.com databases, as it stands as of the date of this Agreement, and as it stands until the date of this Agreement being terminated. The Databases are assets of a financial value belonging to PlayFrank.com and represent a substantial investment made by PlayFrank.com.
"Gross Revenue" means the value of the revenues generated by all players referred by the Affiliate across casino, the Gross Revenue would be equal to all (settled) bets less wins. For the avoidance of doubt; any bet that is not accepted for a legitimate reason, in the sole discretion of PlayFrank.com shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
"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.
"Net Generated Revenues ('NGR')" means the total wagers of a player minus (i) winnings, (ii) bonuses, (iii) chargebacks, (iv) third party licensing fees, (v) jackpot insurance contributions, (vi) duties and taxes, and (vii) any other cost incurred by the PlayFrank.com due to a fraudulent and/or abusive activity of the player.
"New Depositing Customer" or "First Time Depositor" means a New Customer who has made a first minimum deposit with PlayFrank.com where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with PlayFrank.com within the framework of the Business.
The customer registration and the first deposit do not have to be simultaneous.
"Personal Data" means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Depositors and/or Affiliates.
"Referred Customers" means Customers who have no prior account with Our Website, and have signed up for an account with us with your affiliate tracking code attached.
"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.
"Sub-Affiliate" means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on its website or other media platform available for PlayFrank.com Content and the acquisition of New Customers.
"Your Website" the website which you notify to us on the Affiliate Sign up Form.
3.1 PlayFrank.com will track and report Member activity for purposes of calculating Affiliate’s Affiliate commission. Affiliate will be provided a web interface allowing Affiliate to follow Members activity. Normally all the data will be updated at least every day.
3.2 The Links provided to you by PlayFrank.com 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 PlayFrank.com’s prior written consent.
3.3 You shall ensure that you do not place any Links on pages of the Your Website aimed at persons under the age of 18 years. consent.
3.4 In the event that you wish to place the Links on websites other than the Your Website, you must first obtain PlayFrank.com’s written consent.
3.5 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 14.4).
4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS
4.1.1 Your revenue share is calculated according to the following structure:
|FTD per month (First Time Depositors)||Casino|
|0 - 5||25% of NGR|
|6 - 15||30% of NGR|
|16 - 35||35% of NGR|
|36+||40% of NGR|
4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino products.
4.2 Marketing Fees. You will be paid for your marketing efforts based upon the agreed percentage of Net Revenues generated on your Tracker(s) per calendar month.
We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2
4.3 PlayFrank.com reserves the right at all times to adjust the Affiliate's revenue sharing percentage downward. An Affiliate's demonstrable decrease in performance and/or reduced promotional activity of www.PlayFrank.com might necessitate such an occurrence.
5. FORBIDDEN PRACTICES
5.1 You may not in any way offer added rewards of any kind to your Referred Customers without PlayFrank.com’s prior written consent. If PlayFrank.com deems you to be in breach of this condition, PlayFrank.com may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 14.4).
5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling) may under no circumstance receive any Revenue Share on your own or direct relatives' customer account.
5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the PlayFrank.com Site.
5.4 You are forbidden to attempt to artificially increase monies payable to you by PlayFrank.com.
5.5 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.
5.6 You are forbidden to use the word PlayFrank in the main domain name. All traffic coming from such a domain would be considered void.
5.7 All information, including but not limited to e-mail addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate’s own commercial or other purposes, nor communicated to any third party for any reason.
5.8 PlayFrank.com will close the Affiliate's account and/or dissolve the Agreement if it is suspected that an Affiliate is distributing any form of spyware, adware, viruses, trojans, worms, keyloggers, spybots or any other kind of malware through the Affiliate's web publications. Under these circumstances, any remaining compensation due will be forfeited.
5.9 The Affiliate will do everything in their power to ensure that fraudulent players do not access the PlayFrank.com website via the Affiliate's web publications.
5.10 PlayFrank.com is authorized to close an Affiliate's account and retroactively forfeit generated revenue when fraud is committed by an Affiliate or an Affiliate brings in multiple fraudulent players.
5.11 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.
5.12 If the Affiliate wishes to open a test account in order to perform test deposits, then they can contact firstname.lastname@example.org. No money will be paid out from this account.
6. PlayFrank.com’s Obligations
6.1 PlayFrank.com shall supply you with the Links for inclusion on Your Website and may update such Links from time to time.
6.2 PlayFrank.com shall use its best endeavors to ensure that whenever a Referred Customer signs-up with www.PlayFrank.com through your affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, PlayFrank.com shall not be liable to you in any way if PlayFrank.com is unable to identify a Customer as originating from Your Website.
7. Affiliate's OBLIGATIONS
By applying to be registered as an Affiliate of PlayFrank.com the Affiliate warrants that:
7.1 The Affiliate provides true and complete information to us at all times; including but not limited to, Affiliate’s contact information, payment instructions, nationality, residency, location and nature of Affiliate’s marketing activities, and any other information that PlayFrank.com may request.
7.2 The Affiliate will provide proof of identification including, where possible, a government issued identification number upon signing or upon request by PlayFrank.com. The Affiliate should also provide tax and/or VAT information upon signing or upon request by the PlayFrank.com in order for PlayFrank.com to be able to fulfill our Anti Money Laundry obligations.
7.2.1 If a cost arises from tax or VAT not being paid by an Affiliate for their earnings coming through the Commission and that cost is being transferred over to the Merchant in any way, the Merchant have the right to deduct that cost from the future Commission. Breach of this clause may also lead to the termination of the Agreement as set out in clause 14.4.
7.3 The Affiliate will not benefit from known or suspected traffic not generated in good faith. PlayFrank.com reserves the right to terminate this Agreement immediately should PlayFrank.com become aware of the Affiliate taking part in or benefiting from traffic which may, at the sole discretion of PlayFrank.com be deemed as posing a threat to the image and/or normal operation of PlayFrank.com the provision of services.
7.4 The Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam. Any form of Spam will result in the Affiliate's account being placed under review and all funds due to the Affiliate being withheld pending an investigation.
7.5 The Affiliate is responsible for and will ensure that all content and information circulated on the Affiliate's web publications is current and accurate.
7.6 Any and all promotional expenses incurred by the Affiliate remain the sole responsibility of the Affiliate and can in no way be reclaimed from PlayFrank.com.
7.7 The Affiliate may not advertise or publish content that is in breach of the law, or that may damage PlayFrank.com in any way.
7.8 The Affiliate is responsible for the use and securing of login credentials from the moment access is granted to the Affiliate System. If the Affiliate suspects misuse or theft of login credentials, the Affiliate is obliged to report this to PlayFrank.com immediately. Costs of damages that result from the theft or misuse of the login credentials are to be borne by the Affiliate. This includes damages to the Affiliate and damages to PlayFrank.com.
7.9 PlayFrank.com reserves the right to withhold any Commissions payable to the Affiliate at any time, should PlayFrank.com deem the Affiliate to be in violation of any of the points above (7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7 and 7.8) or found to be partaking in action/s or marketing practices deemed to not be in good faith, whether such action / marketing practice was directed from the Affiliate's link with or without the Affiliate's knowledge.
8.1 You will receive affiliate payments directly to your PlayFrank.com player account after one has been created. Please notice that when you create account on frankaffiliates.com your player account on PlayFrank.com is created automatically with the same login credentials.
8.2 Payment is made before the 15th of every calendar month and the payment must be claimed from the PlayFrank.com system before it is being transferred through your preferred payment method.
8.3 The minimum sum for a monthly payment of affiliate payment is €20. If a Revenue Share does not exceed €20, PlayFrank.com 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 €20, 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 €20 in any given month.
8.4 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will be removed at the start of the following month.
8.5 PlayFrank.com may introduce negative carry over, or ring fence a player that has won an amount of 20 000 Euro. After such player has cleared his winnings the player will be returned to the affiliates account.
8.6 PlayFrank.com shall provide you with statements accessible through your personal affiliate page, frankaffiliates.com, detailing the Referred Customers and your share of Net Generated Revenues.
8.7 In the event of declined payments due to incorrect banking details, the burden of responsibility is on the Affiliate to retrieve payment(s). PlayFrank.com may charge an administration fee.
9. INTELLECTUAL PROPERTY
9.1 PlayFrank.com grants you a non-exclusive and worldwide license to display the PlayFrank.com brand features and related content (the " PlayFrank.com 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 PlayFrank.com's 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 PlayFrank.com to its customers from time to time shall remain the property of PlayFrank.com. You are not permitted to alter or modify in any way the PlayFrank.com Content without the express prior written consent of PlayFrank.com.
9.2 You agree that Your Website shall not resemble in any way the look and/or feel of the PlayFrank.com Site, nor will you create the impression that the Your Website is the PlayFrank.com Site (or any part thereof).
10.1 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.
10.2 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.
We make no representation that the operation of the PlayFrank.com Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You (the "Indemnifying Party") shall indemnify on demand and hold harmless PlayFrank.com and each of PlayFrank.com’s 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
13. EXCLUSION OF LIABILITY
13.1 Nothing in this clause 13.1 shall limit PlayFrank.com's liability for death or personal injury resulting from PlayFrank.com's negligence or for fraud.
13.2 PlayFrank.com 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.
13.3 The liability of PlayFrank.com shall not, in any event, exceed the sum of the total monies paid by PlayFrank.com to you over the 6 months’ period preceding the date on which such liability accrued.
14.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1.
14.2 This Agreement is not limited in time and is extended for as long as both Parties fulfill their obligations and neither of the Parties has terminated the Agreement.
14.3 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via e-mail.
14.4 If you are in material breach of your obligations within this agreement, PlayFrank.com may bring the term to an end with immediate effect; and seize to pay you any further Revenue Share on you Referred Customers, by written notice to you.
14.5 If this Agreement is terminated Affiliate should immediately remove all links, marks and logos etc, from Affiliate’s website.
14.6 In the event that a referred customer has had no activity for a period exceeding 12 months, this customer will be seen as a dead customer. If PlayFrank.com uses a 3rd party company or in-house function to reactivate those players the affiliate shall either give up the right to the player or take a similar part of the reactivation cost for those players as is their revenue share. Such cost would be carried forward until repaid in full.
14.7.1 An example of this would be that a re-activation campaign using a 3rd party company charging 40 Euro per activated customer - a total of 100 players for a specific affiliate on a 35% revshare is activated, the affiliate either give up their right to the players (decided before hand) or a cost of 0.35*(100*40) would be put on the affiliate account.
14.7.2 An affiliate would always be informed if such a reactivation is planned before making a decision.
15.1 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.
15.2 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.
15.3 Any notice given or made under this Agreement to PlayFrank.com shall be by email to the relevant email email@example.com. PlayFrank.com 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 PlayFrank.com.
15.4 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.
15.5 Neither party shall make any announcement relating to neither 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.
15.6 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 laws of Malta. Each party irrevocably submits to the exclusive jurisdiction of Malta Arbitration Centre, Valletta over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
15.7 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
15.8 PlayFrank.com can adapt or stop its services at any time without consent of Affiliates.
15.9 PlayFrank.com reserves the right to refuse advertising rights to Affiliate websites that target certain demographic groups (websites for children, religious websites etc.)
16. CHANGES TO THIS AGREEMENT
This Agreement has not been varied or otherwise amended since 1st of June, 2015.