The Affiliate Program is regulated by these Terms and Conditions (hereinafter – the "Terms and Conditions"). When You register at https://winspiritaffiliates.com (hereinafter – the "Website") as an Affiliate You enter into Agreement with the Company for promotion winspirit.com, winspirit.co, winspirit.casino or other such websites as may be added to this Affiliate Program from time to time.

Prior to accepting these Terms and Conditions, we kindly ask you to read them carefully and in their entirety. If you do not agree with any of these Terms and Conditions, please do not register your Affiliate account, and / or continue use the Website. Your use of the Website will signify your acceptance of the Terms and Conditions. 

We strongly recommend You to check the Terms and Conditions from time to time to make sure that you remember all the provisions, agree with them and accept them.

• “Affiliate” means you, naturalperson or entity, who applies to participate in the Affiliate Program.
• “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by Company.
• “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, and (iii) any other rules or guidelines of the Company and/or Websites made known to the Affiliate from time to time.
• “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
• “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other any third party website to Company Websites.
• “Affiliate Program” means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company’s websites and creates Affiliate Links from the Affiliate Website(s) to Company’s websites. For such services the Affiliate is paid a commission depending on the generated traffic to the Company’s websites, subject to terms within this Affiliate Agreement and to the applicable product-specific Commission Structure.
• “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Company pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement.
• “Affiliate Website” means any website which is maintained, operated or otherwise controlled by the Affiliate.
• “Company” shall mean our Company and any other company within our group, including our parent companies, their parent companies and all of the subsidiaries of these respective companies.
• “Company Websites” means the website winspirit.com, winspirit.co, winspirit.casino or other such websites as may be added to this Affiliate Program from time to time.;
• “Commission” means the percentage of the Net Gaming Revenue, or, where applicable, a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.
• “Commission Structures” means any specific reward structures expressly agreed between Company and the Affiliate.
• “Confidential Information” means any information of whatever nature, which has been, or may be, provided by the Company whether oral, in writing, or in electronic form, including, without limitation, business or financial reports, trade secrets, know-how, prices and custom quotes, business information, products, strategies, databases, technology, information about New Customers, other customers and users of Company Websites, marketing plans, marketing concepts, structure, payments and manners of operation and any other materials containing, reflecting, or generated from any such information.
• “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, logos, designations, brands, business names, and registrations of the aforesaid and/or any other similar rights of this nature, owned by or licensed to Company.
• “Net Gaming Revenue” or “NGR” means all monies received by Company from New Customers as placed bets, less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to New Customers referred to Company Websites by the Affiliate Website(s).
• “New Customer” means a new, first-time customer of the Company (is not a prior or existing customer/player), who is at least 18 years old and made a first deposit amounting to at least the applicable minimum deposit at Company Websites’ player account, in accordance with the applicable terms and conditions of Company Websites’, is subject to the Company's verification. This excludes the Affiliate, its employees, acquaintance, relatives, and friends.
• “Parties” means Company and the Affiliate (each a “Party”).
• “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified, directly or indirectly.

• We shall use our best efforts to provide you with all materials and information required for necessary implementation of the Affiliate Links.
• At our sole discretion, we will register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
• We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
• We shall use and process the following personal data of an Affiliate or any Affiliate employee, as follows: your username for logging in, your email address, name, date of birth, your country and address, telephone number and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship.
• Subject to your strict adherence to the Affiliate Agreement, we shall pay you the Commission in accordance with Clause 6.

1. Subject to your adherence to the provisions of the Affiliate Agreement, you will earn Commission in accordance with the Commission Structure and calculations provided in the Affiliate Account as specified on our Website.

2. Terms of payment mechanism for entities shall be separately specified in Insertion Order that will constitute an integral part of these Terms and Conditions. Payment shall be made via wire transfer by issuing an invoice based on the calculations made in Affiliate Account. The Affiliate may change the payment method not less than 5 (five) working days before the end of the reporting period, otherwise, the payment can be carried over to another period or paid via old payment method.

3. We retain the right to change the Commission percentage and method of calculation of Commission in accordance with this section.

4. The Commission shall be calculated based on the type of chosen Commission Structures (Revenue Share, CPA, Hybrid).

4.1. Payments calculated based on Revenue Share system will be made on a monthly basis not later than 15-th day of the following calendar month in accordance with the calculations from Affiliate Account, unless otherwise provided.The Commission shall be paid to the Affiliate based on the results, provided that the amount is more than USD100 (the minimum payout amount). If the amount due is less than the minimum payout amount, it shall be carried forward to the next month and can be paid when the amount exceeds the minimum payout amount.

4.2. Payments made on CPA and Hybrid basis shall be made every two weeks in accordance with the calculations from Affiliate Accont, unless otherwise provided. The Commission shall be paid to the Affiliate, provided that the number of New Customers is at least 10 (ten) active New Customers. Any earnings accrued during this time will remain in the affiliate’s account until this rule has been met.

5. Calculations made on the basis of CPA and Hybrid are subject to anti-fraud check. In case of any fraud cases, the sum of payments shall be reduced proportionally. The Company reserves the right not to pay the Commission for the CPA if the Affiliate brought New Customers (players) who did not meet the minimum quality requirements (for example, multi-accounts - several accounts from one player; more than 5 percent of users requested a refund charge-back. In addition, if the Company find unusual behavior of the players (a high percentage of players who do not return to the Website; or less than 50 percent of repeated deposits one by one) the Company reserves the right to change the amount of the Commision.

6. The Affiliate hereby recognizes that, in addition to other cases provided for in this Terms and Conditions, the Company reserves the right to reduce the amount of the Commission or not to pay the Commission for the CPA and Hybrid in the following circumstances:

a) launch of an advertising campaign (generate traffic) without the Company`s consent;

b) engaged New Customers/players from uncoordinated geolocations (territories);

c) generated traffic exceeds more than 10 (ten) percent of the agreed with the Company

7. Due to existing regulations, Affiliates may be required for verification and “know your customer” documentation before a withdrawal can be accessed.

8. If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

9. The Affiliate may, at the Company’s sole discretion, be provided with the opportunity to restructure its commission structure.

10. The Affiliate’s acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within ten (10) business days and clearly state reasons of the disagreement. Failure to notify the Company within this time limit shall be considered as an irrevocable acknowledgment of the balance due for the relevant period.

11. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement.

Negative commissionable revenue generated in any given month by each New Customer whom the Company determines to be a “High Roller” will be carried forward and offset against future commissionable revenue generated by such New Customer referred by the Affiliate until such negative commissionable revenue is cleared.

During the term of the Affiliate Agreement, you may from time to time be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program, correspondence with Company`s representatives).

You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for the purposes of the Affiliate Agreement. Your obligations in regards to this clause survive the termination of this Agreement.

In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company (with approval of the exact content to also be approved by Company).

1. Term
   The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this case the Agreement will be terminated 30 days after such notice is given. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
   Company may terminate the Affiliate Agreement upon immediate notice at any time for the following:

i. Affiliate’s material breach of its obligations under this Affiliate Agreement or Insertion Order hereof;

ii. Affiliate’s willful acts related to fraudful traffic or any other fraudfulent acts in the course of performance of its obligations hereof.

2. Affiliate actions upon termination..

Upon termination you must stop advertising the Affiliate Program and its brands, as well as remove all promotional materials and creatives that were used for familiarization, PR and other methods of delivering information to potential and current users of the Affiliate Program and its services, brands, web resources. You must immediately remove all of Company banners or creatives from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Company Websites.
All rights and licenses given to you in the Affiliate Agreement shall immediately terminate.
You will return to Company any confidential information and all copies of it in your possession and control, and will cease all uses of all Company Intellectual Property Rights.

3. Commission
   Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Company during the term shall not be payable to the Affiliate as from the date of termination.
   
   Upon termination, the Company may withhold the final payment of any Commission otherwise payable to the Affiliate for up to 90 days to ensure that the correct amount of Commission is paid. Any such withheld Commission shall be paid within these 90 days.

1. Disclaimer
   We make no express or implied warranties or representations with respect to the Affiliate Program, about Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate. The Affiliate Program can change the rules at any time without notification (timely notification) of users.
   The Partner, accepting the terms of the Affiliate Program, confirms that he is 18 or more years old.
   The Affiliate Program reserves the right to refuse cooperation to this or that Partner without explaining the reasons and may suspend cooperation until questions related to the partner are clarified.
   The Affiliate Program reserves the right to block a partner's account for libel and insults, including towards the support service or the administration of the affiliate program.
2. Indemnity and Limitation of Liability
   You shall indemnify and hold Company, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our creatives and links or this Affiliate Program.
   The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
3. Non-Waiver
   Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement.
4. Relationship of Parties
   The Company and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.
5. Force Majeure
   Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.
6. Assignability
   You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent.
7. Severability
   If any provision of the Affiliate Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of the Affiliate Agreement or any provision hereof.
8. Governing Law and Submission to Jurisdiction
   These Terms shall be governed by and construed in accordance with the laws of England & Wales and the competent courts in the City of London, England shall have exclusive jurisdiction in all matters relating hereto (including non-contractual disputes or claims).
9. English language
   The Affiliate Agreement was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.
10. Modification of Terms & Conditions
    We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules.

We oblige to notify the Affiliate via email or their alternative preferred method of communication 10 (ten) days prior to such changes to be published on the site of the Company.
If any modification is unacceptable to you, your need to terminate the Affiliate Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the modification or of the new agreement.