Definition of Terms:
"Tarco and the affiliated programs"
The affiliate programs, the United Commissions Affiliate Program ("UCAP") and the United Bingo Affiliate Program ("UBAP") are registered programs owned and operated by Tarco, Ltd. ("Tarco and the affiliated programs"). Terms and Conditions below apply to existing and newly registered affiliates in either of Tarco's programs. Tarco and the affiliated programs are consolidating the terms and conditions for participation in the MoonGames, Robin Hood Bingo, Moon Bingo, Polo Bingo, Gossip Bingo, Spectra Bingo, Silk Bingo and the Glorious Bingo (excluding www.moonbingo.net).
Meaning Moon Bingo™, Robin Hood Bingo™, Polo Bingo™, Gossip Bingo™ and Moon Games™ are registered trademarks in favor of Tarco, Ltd.
Meaning the following brands: Moon Bingo, Robin Hood Bingo, Polo Bingo, Gossip Bingo, Silk Bingo, Spectra Bingo & Glorious Bingo
Meaning the following brands: Moon Games.
An existing affiliate is an affiliate who has already registered, at any time, as an affiliate with Tarco and the affiliated programs and\or the Bingo Brands and\or the Casino Brands.
Any individual or an organization promoting any of Tarco and the affiliated programs brands to gain an agreed upon commission.
“No Negative Carryover”
In reference to a situation where the affiliate profits are “negative” due to (but not limited to): negative net gaming and chargebacks on a specific calendar month, the profits of the following month would start at “zero” per brand.
"A new affiliate"
An affiliate who did not previously promote Tarco and the affiliated programs.
Profits from player activities are derived in the following manner:
Refers to an agreed upon percentage of the Profit from designate players, referred by the affiliate, whose transactions contribute to the revenue of the affiliate.
Meaning deposits or transactions originating from customers obtained by illegal and unlawful resources; whether or not with intent to cause damage to Tarco and the affiliated programs.
Meaning original brand rights of all Tarco and the affiliated programs properties including but not limited to: all trademarks, trading, domain names, email addresses, copyrights (including all rights on websites and/or software), database(s) information (including rights) and any other related copyright property of any comparable or corresponding equivalents belonging to Tarco and the affiliated programs, that are present currently or that will ensue in the future in any part of the world.
a hyperlink provided by Tarco and the affiliated programs to the
Affiliates; for when this link is clicked by an Affiliate's customer,
said customer will be identified as a referral by this specific
To participate in the affiliate programs for both the Bingo and Casino products, please submit the application form via the United Bingo website: http://affiliates.unitedbingo.co.uk/registration.asp
OR by submitting the application form via the United Commissions website via this link: http://affiliates.unitedcommissions.com/registration.asp.
Tarco and the affiliated programs grants the Affiliate a non-exclusive, non-transferable right to use (including the right to copy, transmit, display and distribute) its brands, applications and promotional material on the affiliate's website(s) or any other media means for the sole purpose of promoting and advertising Brands. "Promotional Material" shall mean the Brand's name, logo, website, banners, advertising copy and other textual and graphic material made available by The Affiliate Programs, to the Affiliate during the term of this Agreement.
For the purpose of
promotion and advertisement of the brands, the Affiliate agrees to use
only the promotional material made available by Tarco and the affiliated
programs, and furthermore agrees not to edit or alter such promotional
material in any way. Other materials must be approved with written
notification by Tarco and the affiliated programs.
Tarco and the affiliated programs will not conduct business with any company that we believe are involved in unsuitable or illegal activities, and therefore we will not approve sites which we deem to be unsuitable.
Unsuitable sites may include but are not limited to: those aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities or violate intellectual property rights.
It is hereby declared that Tarco and the affiliated programs are not fully aware as to the extent of marketing techniques and territories approached by the affiliates and assumes no responsibility as to the manner in which a prospective player is being approached and the origin of such registered players.
INTELLECTUAL PROPERTY RIGHTS
- Any inappropriate use of software for the Affiliate’s financial gain;
- Without prior agreement and approval from Tarco and the affiliated programs, the Affiliate will not bid on disallowed key terms to any of Tarco and the affiliated programs.
- Interference with paid search or use with third party keyword advertising systems.
- Without prior agreement and approval from Tarco and the affiliated programs the Affiliate will not buy or promote any domain which uses a disallowed key terms (any of Tarco and the affiliated programs brands including any of the associated and promoted brand names - or any other Brands affiliated with The Affiliate Programs, - related key terms or brands names or any expression that include the words associated with the marketed terms and/or any other variation.
- Deceiving a customer with hyperlinks that result in any customer being ignorant of full details or knowledge of the consequences to said hyperlinks, for example activating a cookie which results in a conversion to sale to the owner of the Affiliate hyperlink i.e. "forced clicks"
Violation of Trademark Policies
Moon Bingo™, Robin Hood Bingo™, Polo Bingo™, Gossip Bingo™ and Moon Games™ are registered trademarks. Affiliates and non-affiliates who are suspected of being in violation of one or more subjects mentioned in the "Violation of Trademark Policies" will face full investigation and could be subject to criminal charges. Affiliates will also automatically have their accounts suspended pending further investigation.
List of possible trademark violations (concerning affiliates and non-affiliates)
Domain Name Purchases - it is forbidden to use domains that contain our brands' keywords in any way.
- it is forbidden to target or include keywords that contain our
brands' names in a PPC campaign in any way. Affiliates must add all our
brands' keywords to their 'negative keywords list' in any match type
variation (e.g. broad, phrase and exact) for all available search
engines, including: Google™, Bing™, Yahoo™ and any other search engine
that has not been mentioned here.
Facebook Campaigns - it is forbidden to target our community pages or groups with adverts.
The Affiliate acknowledges that The Affiliate Programs and the all Tarco and the affiliate programs, current and future Brands retain all copyrights and proprietary rights to the Promotional Material and that any use of the Promotional Material shall be to the benefit of the Brands application. The Affiliate may only use the Promotional Material for the purpose specified in the clause above, and is forbidden in any other form of use.
The Affiliate Programs reserve the right to operate their services in the manner they deem appropriate, including the right to alter, suspend or cancel any of the services at any time.
The Affiliate is expected to make an effort to ensure that the Promotional Material is up to date at all times, including prompt compliance with any requests by us to remove and/or update any Promotional Material.
The Affiliate shall be solely responsible for ensuring that their use of any Promotional Material shall not violate any law or regulation or adversely affect the reputation of the Brands.
The Affiliate shall bear all costs and expenses incurred in connection with its advertising and promotion of the Brands application.
The Affiliate may not assign or sub-contract any of its rights under his Agreement without the prior written consent of Tarco and the affiliated programs and its Brands.
The Affiliate warrants that none of its websites (whether or not such site is affiliated to us in accordance with the Clause below) or other media means
Tarco and the affiliated programs will pay all commissions and referral fees due to the Affiliate, on a monthly basis, by wire transfer within 25 days of the end of the month in respect of which such payments are due.
i. For the bingo brands, affiliates will receive a sliding commission plan, called "Default Revenue Share Commission Plan", ranges between 25% and up to 35%, based on the number of first time deposit brought during a specific month (0-25 FTDs/month: 25% Revenue Share; 26-60 FTDs: 30% Revenue Share; Above 60 FTDs: 35% Revenue Share; 40% Revenue Share: (upon approval).
ii. For the brand Moon Games- Casino Brand, affiliates will receive up to 40% Revenue Share according to the number of FTDs sent during the specific month (0 FTD/month: 20% Revenue Share; 1-6 FTDs: 25% Revenue Share; 7-20 FTDs: 30% Revenue Share; 21-50 FTDs: 35% Revenue Share; Above 50 FTDs: 40% Revenue Share).
All other Affiliates:
United Commissions Affiliates - Default Revenue Share Commission Plan:
Active Affiliate Account Revenue Share offer:
Approved 0-25 FTDs would receive 25% Revenue Share.
Approved 26-60 FTDs would receive 30% Revenue Share.
Approved 61 FTDs and More would receive 35% Revenue Share.
Payment Structure - Exceptions
and the affiliated programs is allowed to reduce and or change, and or
reset and or stop the Affiliate's payment and or commissions in the
events shown below.
Tarco and the affiliated programs will automatically reduce and or reset the Affiliate Revenue Share offer, with or without prior notice, if the Affiliate's traffic has stopped as shown below:
Affiliate Account reverting to inactive Revenue Share offer: The Affiliate account has been approved of a total of 10 FTDs during 3 (three) consecutive months, the Affiliate account will be remunerated as per the default Revenue Share commission plan between 25%-35%. In the event of not yielding new FTDs and/or new traffic during 3 (three) consecutive months the Affiliate account will be adjusted to 12.5% Revenue Share, Not yielding new FTDs and/or new traffic during 6 (six) consecutive months the Affiliate account will be adjusted to 5% Revenue Share.
Tarco and the affiliated programs will reactivate the accounts reset once it has been contacted by the Affiliate. However, the Affiliate account will be set at 25% Revenue Share or any other deal approved and/or set by The Affiliate Programs.
CPA payments and or hybrid containing CPA figure
CPA commission: A "Lead" shall mean an Internet user, who accesses one of the Sites\brands associated with Tarco and the affiliated programs directly through a Link, opens a new user account and deposits the required minimum deposit, in accordance with all Terms and Conditions found in those sites/brands.
A "Money Player" will be considered a lead who has achieved the following criteria, for CPA, by the tracking "trackers" and/or CPA component in hybrid "trackers". Said player makes a minimum deposit and wagers according to the minimum required on the affiliate's commission plan (based on the relevant Branded site). Tarco and the affiliated programs reserve the right to change the required amount of minimum deposits and wager amount at Tarco and group and The Affiliate Programs sole discretion.
Tarco and the affiliated programs offer a different CPA commission based upon a different minimum deposit amount and a different wagering amount from one CPA commission structure to another. In order for an affiliate to trigger a CPA amount, The Affiliate Programs may Require from the referred player to meet the Affiliate Programs requirements, meaning a minimum deposit amount and a minimum wagering amount. As no limited time frame is set, the player can meet the time requirement at any given time frame in the future.
After a CPA commission plan agreement has ended, based on the agreement between the affiliate and The Affiliate Programs, the affiliate will continue to receive its reward (CPA) for late conversions. In other words all the registered players who have met the requirements of the agreed upon deal between the parties, for up to 6 (six) month's maximum from the day the deal has ended, will be entitled for the agreed upon compensation.
Neither the affiliate nor their relatives are eligible to become Leads or Money Players and should you (the affiliate) or your relatives do so, you (the affiliate) will not be eligible to receive the agreed commission. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling. The number of Leads per individual household computer is strictly limited to one.
Tarco and the affiliated programs measurements and calculations in relation to the number of Money Players and the relevant Gross Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal.
To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Sites and the Sites are properly formatted according to the terms of this Agreement.
Affiliate payment can be delayed or held, subject to suspicious fraud pattern at the Operator's sole discretion.
Payment and Commission to the Affiliate
Affiliate's bank account registered in the UK:
due to the Affiliate in the sum of less than £150 for all the Brands
participating in Tarco and the affiliated programs will be withheld
until such time as the amount due to the Affiliate at the end of any
given month is £150 or more.
Payments due to the Affiliate in the sum of less than £300 for all the Brands participating in Tarco and the affiliated programs will be withheld until such time as the amount due to the Affiliate at the end of any given month is £300 or more.
Tarco and the affiliated programs shall have the right to withhold permanently and/or recover any commission payments or referral fees due or paid to the Affiliate as a result of traffic not generated using accepted Internet marketing practices or as a result of fraudulent activity by the Affiliate or the Linked Player, regardless of whether harm is caused to the Brands sites. Decision in this regard will be final.
The Affiliate shall be responsible for payment of all taxes
due under any applicable law on commission payments and referral fees
made to it by the Affiliate Programs, the Affiliate Program and Tarco
Chargebacks and Credits
"Chargeback" or "Credit" is a credit card transaction which is not collectable by a credit card company as a result of Players non-payment or fraudulent credit card use, or other Player payment transaction which is revoked and for which a credit is given.
One hundred percent of all Chargeback and Credit amounts shall be deducted from the Affiliates payment or the reserved funds. Chargeback and Credit fees will be paid to the credit card companies or other payment service providers, as applicable, and will be administered by the Operator. If a Chargeback or Credit occurs during the fee payment-processing period (usually 12 business days), the Operator reserves the right to deduct such amounts and the associated fees from the amounts due to the Affiliate under the Revenue Share plan.
Disclaimer, Limitation of Liability and Indemnity.
Neither party warrants that the operation of their respective websites or other media will be error-free or uninterrupted and neither party will be liable to the other party for the consequences of any such errors or interruption. In addition, neither party is responsible to the other, for any warranties of any kind, express or implied, including warranties of merchantability and fitness for purpose.
We shall not be liable to you for incidental, indirect, consequential, special, punitive or exemplary damages of any kind (including loss of revenue, profits or data) arising in connection with this Agreement, regardless of whether you have been advised of the possibility of such damages. Furthermore, our aggregate liability arising in connection with this Agreement and the Bingo or Casino Affiliate Programs (the Affiliate Programs) shall be limited to direct damages, which shall not exceed the total commissions, and referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights or remedies to any person or entity not a party to this Agreement.
The affiliate agrees to indemnify and hold Tarco and the affiliated programs harmless from and against all claims, causes of action, losses, liabilities, damages, judgments, costs and expenses resulting from any breach of your warranty contained in this Agreement or any breach of any other provision of this Agreement.
The terms of this Agreement will commence when you create a unique link to our Brand’s website and/or promote the Brands site via other agreed media means. This agreement will continue in force until either party notifies the other party in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination, the following provisions shall apply:
If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
On any termination of agreement the affiliate will continue to receive revenues from his players for a period of 3 months after termination.
Without detracting from the clause above, the Affiliate Programs may terminate this Agreement upon its sole discretion if Tarco and the affiliated programs determine that your website(s) or your other media means are unsuitable. Unsuitable sites and other media means include those that are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability; sexual orientation or age, promote illegal activities or violate intellectual property rights.
Our failure at any time to require strict performance by you of any provision of this Agreement shall not affect in any way our right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision of this Agreement be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Both parties understand and acknowledge that either party may enter into agreements of this type with third parties.