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terms Terms & Conditions - LottaRewards Affiliate Program

Introduction & recitals


Whereas:

LottaRewards Affiliate Program is the same as the PlayUKinternet Affiliate Program; and

LottaRewards is a wholly owned brand of PlayUKinternet; and

Members of the LottaRewards Affiliate Program may market and promote certain PlayUKinternet products or services as represented by the Affiliate Program; and

These Terms & Conditions preside over the relationship between members of the affiliate program, the affiliate program itself and PlayUKinternet Products and/or Services.

Definitions

"LottaRewards" means the LottaRewards Affiliate Program

"PlayUKinternet" and/or "we" means Play UK Internet N.V., registration number 95091.

"member" and/or "affiliate" means any member of the LottaRewards Affiliate Program.

“Sub-Affiliate" means any person or legal entity who/that joins the LottaRewards Affiliate Program through an existing member's unique tracking code as a regular affiliate, and in respect of which we shall pay the referring member a certain commission.

"the program" means the LottaRewards Affiliate Program.

"PlayUKinternet web sites" means the websites at www.playukinternet.com, www.playhugelottos.com, www.playuklottery.com, www.playeuromillions.com, www.playusalotteries.com, www.playsuperena.com, www.grandesloterias.com, www.vinnstort.com, www.lototeka.com, www.dalottos.com, www.megaloto.cz, www.grandsjeuxlotos.com, www.superloterii.com and www.playminilottos.com all sub pages thereof excluding links to external sites.

"member's websites" means the websites operated by a member of the LottaRewards Affiliate Program.

"banner" means any banner, picture or button placed (either by LottaRewards or the member) on the member's website whereby any visitor to the member's website may access the product or service represented by clicking on such banner, picture or button.

"tickets" means entries for various lotteries purchased from PlayUKinternet as provided for herein.

"referrals" means when a visitor gains access to the represented product or service through use of a tracking link or otherwise indicates their arrival by way of initial information obtained from the member.

General

1. The parties contract only on the basis of these terms and conditions, which shall prevail over any oral agreement entered into between them. No act of relaxation, indulgence or grace shall in any way operate as or be deemed to be a waiver of any party's rights hereunder, unless specified in writing and agreed to by all involved parties.

2. These terms and conditions may be unilaterally altered by LottaRewards or PlayUKinternet at any time. Notice of such alterations will be posted on the LottaRewards website or a physical copy will be made available to members on request. The amended terms and conditions will be binding on members as soon as the alterations have been made.

3. The member acknowledges that it has not been coerced into obtaining membership of the program by reason of any representations made by or on behalf of PlayUKinternet, its employees or any of its other duly authorised representatives. Furthermore, the applicant acknowledges that the decision to seek membership was not made under duress.

4. Membership of the program shall commence and these terms and conditions will become binding to a member as soon as their online or offline application form for membership has been approved by LottaRewards. A member will be given access to a unique referral linking code which may be placed on any website, e-mail or newsletter which is intended to be used by the member to refer visitors to LottaRewards' represented products and services.

5. LottaRewards will then send an e-mail to the member confirming their details, username and password. The member will then be able to login to the member area of the LottaRewards website using their personal account details where they will be given access to download their choice of banner and text and referral links to be placed on the member's website.

6. Membership of a member may be terminated by the member by giving 3 (three) months written notice of their intention to terminate. Upon termination, all links to LottaRewards represented products & services must be removed from the member's website(s). Other than in the case of a breach by a member, LottaRewards may terminate a member’s membership of the Affiliate Program for convenience on 5 (five) days written notice to the member.

7. LottaRewards will track all sales* of the represented products and/or services that are generated by referrals from the member's website. That member will accrue a commission, in the currency that they attract, based on the following commission structure:

As of 1st March 2012, affiliates will be remunerated as a percentage of the margin earned between the cost price of the tickets and their sale price in the various markets unless otherwise agreed in writing by a member of the LottaRewards affiliate team.

LottaRewards commission structure for EuroMillions, Oz Lotto, Oz Powerball, SuperEnaLotto, UK National lottery, US MegaMillions, US Powerball, El Gordo, SuperLotto Plus and France Lotto:

Tickets purchased per lottery

Commission earned

50 tickets or less

23%

51- 150 tickets

26%

151- 250 tickets

29%

251- 500 tickets

32%

501- 650 tickets

35%

651 tickets and above

38%

 

LottaRewards commission structure for MiniLotto range; MiniEuroMillions, MiniSuperEna, MiniUKlotto, MiniMegaMillions and MiniPowerball (all under PlayMiniLottos.com):

Tickets purchased per lottery
Commission earned
All PlayMiniLottos.com tickets
15%


* Subject to the following:

a) PlayUKinternet may offer tickets, products or services to players at a discounted rate from time to time. Where applicable, a member's commission will be calculated on that discounted rate and not on the original price of that ticket, product or service.

b) Commission will not be paid on tickets purchased by members themselves.

c) Products and/or services represented by LottaRewards may be canceled or reversed at the sole discretion of the respective provider of said service or product at any time and for any lawful reason, including but not limited to sales arising from fraudulent credit card transactions. Commission will not be paid on any ticket, product or service sales which have been cancelled and/or reversed by the respective provider as aforesaid.

d) The final payout of commission is subject to a formal audit and thus figures paid may vary from the figures seen on the LottaRewards website.

e) Commission is paid for the lifetime of all referred players’ purchases provided the referring affiliate account is active. To remain active an affiliate needs to continue promoting the products and/or services of PlayUKinternet.

f) An inactive account is considered to be any affiliate account that has not met any one of the following minimum requirements within a rolling 3 month period:
1. Generated 100 banner impressions; or
2. Generated 10 clicks on any form of tracking link (banner or contextual); or
3. Generated 1 signup.

No commission will be payable after an account has been deemed inactive. An account can be reactivated by way of meeting one of the above requirements and thereafter requesting reactivation with an affiliate manager. If the account is reactivated, commission becomes payable from the month in which reactivation took place. No commission will be retro-actively paid out for months of inactivity and commission will not carry over when an account is in the inactive state.

8. Commission owing to a member will be calculated at the end of every calendar month by LottaRewards,  subject to clause 7 (above). Payments will be made by bank transfer, Moneybookers transfer, Neteller transfer, EFT or Wire in either US, Euro or Pounds to the member within 15 (fifteen) days after the last day of the calendar month during which sales were made.

9. LottaRewards will provide the member access to an online statement setting out the total number of sales, the rate of commission and the total commission earned for any given month. All information contained in a statement will be deemed to be correct unless written objection is received from the member within 14 (fourteen) days of the date of such statement.

10. Should a member dispute any aspect of a statement or the amount of commission to be paid, such dispute will be referred to arbitration.

11. Should commission earned for any given month not exceed the sum of £50, €75 or $90, depending on which currency is attracted by the member, it will be carried over to the next month or until the total commission payable exceeds this amount.

Sub-Affiliate Program

12. Any member who introduces a person or entity to LottaRewards via the correct LottaRewards Sub-Affiliate tracking links will, pending their submission of an affiliate application and our subsequent approval of them as an affiliate, be labeled as that member’s sub-affiliate.

13. All sub-affiliates will be considered as normal affiliates within the LottaRewards program in their own right and as such will operate under these Terms & Conditions. In the event that a sub-affiliate is found to be in breach of this agreement they may be removed from the program. In this instance any sub-affiliate commission due to the referring member will no longer be applicable.

14. A member may not refer themselves* as a sub-affiliate nor other persons or entities that were registered as our affiliates in the past or that are currently registered, and any such persons or entities will not be considered Sub-Affiliates under this Agreement. Furthermore, referred affiliates may in no way be related by means of a commercial enterprise to affiliates that referred them.

15. Members will be rewarded for obtaining Sub-Affiliates. In addition to paying the Sub-Affiliate (as a regular affiliate of the LottaRewards program) the commissions outlined in the Payment section of these terms and condition, LottaRewards will also pay the referring member an additional commission based on the commission earned by the sub-affiliate.

16. This commission will be 10% of the commission earned by the sub-affiliate and will be calculated monthly. Commission figures will appear under the 'TOTAL INCOME FROM REFERRAL AFFILIATES' section of the general report at the beginning of each month for the previous month’s commission or any equivalent section within the member’s area.

17. Affiliates do not have automatic access to their sub-affiliates details but they may request certain details directly from the LottaRewards program manager. Certain details regarding the Sub-Affiliate’s activities will remain confidential and will not be conveyed to the referring affiliate. A LottaRewards administrator reserves the right to determine which information he/she will supply to a referring member and his/her decision will remain definitive and final.

18. LottaRewards reserves the right to withdraw this offer at any time and also to terminate any sub-affiliate agreement in-line with the full LottaRewards Terms and Conditions published at the time. Should such a termination be undertaken, the referring member will be notified of such an action with no less than two calendar month’s notice.

Member's obligations

19. The member will be responsible for setting up all links on their website(s), maintaining them and ensuring that they contain the member's unique tracking code at all times. LottaRewards will not be responsible for crediting a member for any sales that are not tracked back to the member's website(s) as a result of a defective referral link.

20. Members agree that they will not utilise LottaRewards web sites, the websites of products or services represented by LottaRewards or any other component or service within the program to:

(a) upload, post, link to or otherwise transmit any content that is unlawful or illegal;

(b) upload, post, link to or otherwise transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;

(c) upload, post, link to or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;

(d) harm or unfairly target minors;

(e) stalk or harass third parties;

(f) impersonate LottaRewards or its represented brands, products and/or services or pass-off any service provided by LottaRewards or its represented brands, products and services as their own or otherwise misrepresent their association with the aforementioned parties;

(g) take any measures to disguise the origin of any content provided on LottaRewards websites or the websites of LottaRewards represented brands, services and/or products;

21. Members will be responsible for advertising and promoting the brands, services and products represented by LottaRewards and more specifically for directing visitors to the website(s) or said brands, products and/or services.

22. All creative material used for any advertising or promotion purposes, whether online or offline; will be provided by LottaRewards. Where a member wants to use alternative creative, it must be approved by LottaRewards in writing beforehand.

23. Advertising material on a member's website(s) may be placed wherever she deems it most effective.

24. Members may use whatever online marketing tools are available to them, including Pay Per Click (PPC) and Search Engine Optimisation (SEO).

25. Unsolicited commercial e-mail or unsolicited bulk e-mail campaigns (SPAM) are strictly prohibited. In addition, unsolicited mobile text messages (SMS) are also strictly prohibited.

Further to this point, affiliates may not:

- Register or use (other than as authorised by PlayUKInternet in writing) a website URL address from any domain or sub- domain owned or operated by PlayHugeLottos, LottaRewards, PlayHugeBrands, PlayUKInternet or any of their registered brands or any derivative thereof (including the regional language equivalents of the above domains). Unless otherwise agreed in writing by PlayUKInternet, any offending or contravening domains shall be transfered by the relevant affiliate to PlayUKInternet who shall pay the registrar's reasonable costs for such transfer but shall not pay any compensation of any nature whatsoever to the relevant affiliate.

- Use a 'From' address from any domain or sub-domain owned or operated by PlayHugeLottos, LottaRewards, PlayHugeBrands, PlayUKInternet or any of their registered brands (including the regional language equivalents of the above domains). brands (including all regional language equivalents)

- Purport in any other way to be a representative (either official or unofficial) of any of the companies licensed to operate or maintain any of the lottery products provided.

- The sending of any email correspondance without the ability to unsubscribe from further correspondence. Unsubscribe procedures should be holistic and should eliminate the unsubscriber’s email address from the database.

LottaRewards' obligations

26. LottaRewards' represented products and/or services, undertakes to handle all orders placed by visitors referred from a member's website(s).

27. LottaRewards' represented products and/or services will be responsible for all aspects of order processing including order, entry, payment, shipping, cancellation and related customer service.

28. LottaRewards will provide members with all creative material needed to advertise and promote the products, brands and/or services represented by LottaRewards.

29. LottaRewards may, at its own discretion, assist members with advertising and marketing strategies and provide any other assistance to members to generate more referrals to LottaRewards' represented websites, including the running of competitions, online promotion campaigns, print media campaigns and press releases.

 


Breach

30. In event that either party commits any material breach of this agreement; or defaults in the performance of any of the provisions of these terms and conditions where there is no specified period in which such breach may be remedied, the defaulting party shall have 14 (fourteen) days in which to rectify such default from the date of receiving written notice thereof to rectify such default and if such default is not rectified within the said 14 (fourteen) day period, then the non-defaulting party shall be entitled, but not obliged, without prejudice to any other rights or remedies which the non-defaulting party may have in law, including the right to claim damages; either:-

30.1 to cancel the member's membership; or

30.2 to claim the immediate performance and/or payment of all of the defaulting party's obligation in terms hereof.

31. In the event of any party committing any breach as aforesaid and the non-defaulting party consulting with or instructing its attorneys in relation thereto, the defaulting party shall be responsible for payment of all of the non-defaulting party's legal costs incurred on the scale of attorney and own client as laid down by the Law Society of the United Kingdom.

Arbitration

32. Should any dispute arise out of or in connection with these terms and conditions or which relates in any way to the member's membership of the program, any party to such dispute will be entitled to require by written notice to the other parties that the dispute be submitted to arbitration in terms of this paragraph.

33. An arbitration shall be held in London under the provisions of the Arbitration laws for the time being in force in the United Kingdom provided that:-

33.1 The Arbitrator shall be, if the issue in question is:-

33.1.1 primarily an accounting matter, a disinterested Chartered Accountant in private practice of not less than 10 (ten) years standing;

33.1.2 primarily a legal matter, a practising senior Counsel or Attorney of not less than 10 (ten) years standing;

33.1.3 any other matter, a suitably qualified independent person agreed upon by the parties and failing such agreement, with 7 (seven) days after the date upon which the arbitration is demanded, shall be appointed by the President for the time being of the Law Society of the United Kingdom who may be requested by any of the parties to make the nomination at any time after the expiry of such period;

33.2 the arbitrator shall be entitled:-

33.2.1 to investigate or cause to be investigated any matter which he considers necessary in connection with the dispute and for that purpose shall have the widest powers of investigating all the books and records of any party to the dispute;

33.2.2 to interview and question under oath, representatives of any of the parties and/or any director or officer of any of the parties;

33.2.3 to decide the dispute according to what he considers just and equitable in the circumstances;

33.2.4 to make such award, including an award for specific performance, damages, or otherwise, as he in his discretion may deem fit and appropriate;

33.3 the arbitration shall be held as quickly as possible after it is requested with a view to it being completed within 60 (sixty) days after it has been so requested.

33.4 immediately after the arbitrator has been agreed upon any of the parties to the dispute shall be entitled to call upon the arbitrator to fix a date and place when and where the arbitration proceedings shall be held and to settle the procedure and manner in which the arbitration proceedings will be held.

33.5 Any award that may be made by the arbitration:-

33.5.1 will be carried into effect; and

33.5.2 may be made an order of any court to whose jurisdiction the parties to the dispute are subject;

33.5.3 shall be final and binding on the parties subject to the right of appeal to the High Court.
Notices and service addresses

34. The member's address as specified in her online application form will be used for transmitting any notice, process and for any other purpose arising from the member's membership.

35. PlayUKinternet's address for the same purposes will be 2 Lansdowne Row #137, Berkeley Square, London, W1J 6HL, United Kingdom.

36. The parties may from time to time, by written notice to the other, change their respective addresses, provided that they inform the other in writing of such change.

37. A notice which is delivered by hand during the normal business hours of the addressee at the addressee's address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery.

38. A notice which is posted by prepaid registered post to the addressee at the addressee's address for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the fourth day after posting or if the addressor is in another country, on the fourteenth day after posting.

39. Where any communication is required to be in writing, the term "writing" shall include electronic communications such as telefax and e-mail. Electronic communications shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee 48 hours after the time of transmission.

Disclaimers

40. The LottaRewards website and the websites of its represented products and/or services, including text, images, links, downloads and coding is provided "AS IS" and "AS AVAILABLE". LottaRewards and its represented brands makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either its websites or the information in it.

41. LottaRewards, its represented brands, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by members, visitors, users or any other persons resulting from the use or inability to use LottaRewards' represented web sites.

42. LottaRewards disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this website or its represented websites in any manner.

43. LottaRewards and PlayUKinternet has no control over third party content and features which can be accessed through the use of its web sites and does not examine or edit such content and features or act as an agent for third parties accessible through its web sites. As such and to the fullest possible extent permissible under law, LottaRewards and its represented brands including PlayUKinternet disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features, including but not limited to the member's website(s).

Indemnity

44. Members agree to indemnify and hold harmless LottaRewards, PlayUKinternet, its officers, employees, suppliers, ISPs, represented brands, partners, affiliates and agents from any demand, action or application or other proceedings, including for attorneys fees and related costs made by a third party and arising out of or in connection with the third parties use of LottaRewards represented websites or for any other cause relating to the program and the member's membership thereof.

Monitoring and interception of data messages

45. In order to provide a relevant and secure service, and where required to do so under law, LottaRewards & PlayUKinternet may monitor and/or intercept electronic communications such as e-mail which are sent to its web sites. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
Copyright and Intellectual Property protection

Intellectual property and copyright

46. Copyright in all information, images, source codes and other original material contained in LottaRewards and its represented websites or obtained from LottaRewards or its represented websites/brands which is not attributed to a third party, is held by or licensed to LottaRewards and/or PlayUKinternet. LottaRewards and/or PlayUKinternet asserts and reserves all its rights, including moral rights, in this regard.

47. LottaRewards grants to members a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information belonging to LottaRewards and/or its represented brands for the purposes of the program.

48. If a member detects or suspects that any of LottaRewards or its represented brands/website's copyrighted material on its websites or otherwise is being infringed by a third party, then that member shall advise LottaRewards immediately to enable such rights to be enforced.

Privacy and Confidentiality of communications

49. Further information regarding the manner in which LottaRewards and PlayUKinternet respects the privacy of members' and/or visitors personal information is contained in PlayUKinternet's Privacy Policy.

Governing Law

50. The validity, construction and performance of these terms and conditions will be governed by the laws of the United Kingdom.

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Date of last review
29 October 2013

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