In order to apply for any of our affiliate programs that we oversee, 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 any of our affiliate programs please contact support@OxProfitsGlobal.com for further information.
"Advertising Material" means any communication sent or made available to the Customers to promote the Ox Profits Global Websites and create links from Affiliate Website(s).
"Approved Marketing Material" means the banners, text and/or other online or offline promotional materials and any associated intellectual property rights thereto which is either provided by the Company or is consented by the Company or created in line with this agreement and our respective Advertising Guidelines.
"Agreement" means (i) all the terms and conditions set out on this web page, (ii) the terms and conditions of any of the Commission Structures applicable to the different products, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of the Company and/or the Website(s) made known to the Affiliate from time to time.
"Affiliate" means the person or entity, who applies to participate in any Affiliate Program that we own or manage or become affiliated with.
"Affiliate Application" means the application form found at OxProfitsGlobal.com whereby the Affiliate applies to participate in any Affiliate Program that we own or manage or become affiliated with.
"Affiliate Program" means the collaboration between the Company and the Affiliate whereby the Affiliate will promote any of the shared Ox Profits Global Websites and create the Links from the Affiliate Website(s) to the Ox Profits Global Websites and thereby be paid a Commission as defined under this Agreement depending on the traffic generated to the Website(s) subject to the terms and conditions of this Agreement and to the applicable Commission Structure.
"Affiliate Services" means the Affiliate's promotion of the Ox Profits Global Website and the creation of the Links from the Affiliate Website(s) to the Ox Profits Global Website.
"Affiliate Website(s)" means one or more websites on the Internet which are maintained and operated by the Affiliate.
"Commission" means the percentage of the Net Revenue as set out in the Commission Structure.
"Commission Structures" means the commission structure contained under article 18 below or any specific commission structure expressly agreed and confirmed in writing between the Company and the Affiliate.
"Company" means Ox Profits Global LLC, operating out of 2401 E Atlantic Blvd, Suite 310 Pompano Beach, FL 33062.
"Confidential Information" means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Website(s), technology, marketing plans and manners of operation.
"Intellectual Property Rights" means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.
"Links" means Internet hyperlinks from the Affiliate Website(s) to the Ox Profits Global Website.
"Net Revenue" means in relation to the Website(s): all monies received by the Company from New Customers in relation to sites activities less; (a) monies paid out to New Customers as winnings; (b) bonuses and/or loyalty rewards and/or any other direct costs incurred to maintain the loyalty of New Customers; (c) administration fees; (d) payment fees; due to third parties for providing/licensing games and/or games software; For the avoidance of doubt, all amounts referred to as Net Revenue are amounts generated from New Customers referred to the Ox Profits Global Website by the Affiliate Website(s).
"New Customer" means a new first time customer of the Company who:
- Has created a new Ox Profits Global member account, registering directly after having been referred from the Affiliate Website(s) to the Ox Profits Global Website;
- Is not already in Ox Profits Global's customer database (where the customer has previously closed his Ox Profits Global affiliate account and opened a new one through the Affiliate, such condition shall be deemed not to be satisfied).
"Sub-Affiliate" means an individual and/or entity that an Affiliate directs in any appropriate manner to Ox Profits Global and who can be linked to the Affiliate's unique Affiliate account / identity, which person or entity becomes an Affiliate of Ox Profits Global.
"Sub-Affiliate Deal" means the Company's approval for an Affiliate to refer Affiliates to the Website.
"Parties" means the 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 from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Affiliates.
"Ox Profits Global" means the Company and any related group company responsible for the operational activities of the Ox Profits Global Website.
"Ox Profits Global Website" / "The Site" means the website with domain name OxProfitsGlobal.com and any other domain names owned, managed or affiliated with Ox Profits Global.
1.1 The Company is responsible for the marketing services of online activities offered through Ox Profits Global Websites.
1.2 The Affiliate maintains and operates the Affiliate Website(s).
1.3 This Agreement sets out the general terms and conditions of said Affiliate Programs and is entered into between the Company and the Affiliate.
1.4 By completing and submitting the Affiliate Application the Affiliate accepts, and agrees to abide by, all the terms and conditions of the Agreement.
1.5 This Agreement shall be binding on the Affiliate once the Affiliate Application has been submitted but shall not be binding until the Company approves the Affiliate Application as provided in article 2.
2.1 The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (via email) whether the Affiliate Application is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion. The Company's decision is final and not subject to any right of appeal.
2.2 Once confirmed in accordance with the above, the Affiliate is granted the non-exclusive right to direct New Customers to the Site in accordance with the conditions set out in this Agreement. The Affiliate understands that The Company has the right to procure Affiliate Services from others performing services of the same or similar nature to those provided by the Affiliate. The Affiliate, unless granted a Sub-Affiliate deal by The Company shall have no claim to Commission Fees or other compensation on business secured by or through persons or entities other than the Affiliate.
The Affiliate hereby represents and warrants that:
4.1 Upon acceptance of the Agreement by the Affiliate, a unique tracking code is assigned to the Affiliate, and the Affiliate may be integrated in the technical platform of the Ox Profits Global Website. By means of the affiliate tracking code New Customers acquired via the Link(s) on the Affiliate Website can be tracked.
4.2 The Company shall provide the Affiliate with all information and approved marketing material necessary for the implementation of the links and marketing materials. The Company shall not be responsible for the actual implementation of the links and marketing materials.
4.3 In the event that the Affiliate creates its own marketing material, such marketing material shall be compliant with the provisions of this Agreement and the Company shall not be held liable for any fines and/or sanctions which are incurred by the Affiliate for the non-adherence with applicable rules and regulations.
4.4 The Company shall administer the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all New Customers.
4.5 The Company shall pay the Affiliate its Commission depending on the traffic generated subject to the terms and conditions of this Agreement.
4.6 The Company shall use its reasonable endeavours to ensure that whenever a New Customer is directed to a Ox Profits Global Website and registers a new account, the relevant New Customer is identified as originating from the Affiliate's Site. However, the Company shall not be held liable if it is unable to identify a New Customer as originating from such Site.
4.7 The Company makes no representation that the operation of the Ox Profits Global Website and Ox Profits Global Affiliates Website will be uninterrupted or error-free and the Company will not be liable for the consequences of any interruptions or errors.
4.8 The Company reserves the right to request any information from the Affiliate for due diligence purposes in line with its obligations under applicable law as it may from time to time deem fit.
5.1 The Company may refuse any applicant New Customer or close a New Customer's account if in the sole opinion of the Company this is necessary to comply with the Company's policy and/or to protect the interest of the Company.
5.2 The Company may refuse any applicant Affiliate and/or may close any Affiliate's account if in the sole opinion of the Company is necessary to comply with the Company's policy and/or to protect the interest of the Company.
5.3 Furthermore, if the Affiliate is in breach of this Agreement the Company may besides closing the Affiliate's account immediately and without notice, take any other steps at law to protect its interest.
6.1 The Affiliate hereby warrants and undertakes:
6.2 The Affiliate hereby undertakes, represents and warrants that:
6.3 If the Company determines, at its sole discretion, that the Affiliate has engaged in the activities specified as per articles 6.1 and 6.2, the Company shall have the right to:
If the investigation made by the Company leads to the conclusion that there is no breach, the Company shall pay the Affiliate all suspended or withheld payments.
The decision by the Company to pursue any of its rights or remedies under article 6.3 will be without prejudice to any other rights, remedies, legal actions or compensations available to the Company.
6.4 If the Affiliate attempts, with the Company's prior written consent, to promote the Ox Profits Global using methods such as but not limited to email, it shall make clear in the body of such communication(s) that they have been sent by the Affiliate, and any complaints made as a result of these communication(s) will be addressed to the Affiliate and not to the Company. Please note the additional requirements around marketing in the Ox Profits Global Advertising Guidelines.
6.5 For the purpose of the services to be delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data.
6.6 Should the Affiliate come into possession of or have access to Personal Data from the Company, the Affiliate shall be the data processor in the meaning of Directive General Data Protection Regulation (GDPR) (EU) 2016/679 and agrees and warrants to process the Personal Data only on behalf of the Company and in compliance with the Company's instructions and solely for the purposes of this Agreement, and shall undertake the necessary security measures to comply with the obligations of a data processor, including ensuring that the information is not (i) accidentally or unlawfully destroyed, (ii) lost, altered or damaged, (iii) disclosed to or accessed by any unauthorized person, (iv) misused or (v) in other ways treated in violation of the Data Protection Requirements.
6.6.1 The Affiliate is solely responsible for any marketing initiatives the Affiliate or its Sub-affiliates conduct and shall indemnify the Company for any breach of the Data Protection Requirements by the Affiliate or by any of its Sub-Affiliates which renders the Company liable for any costs, fines, claims or expenses howsoever arising.
6.7 The Affiliate shall inform users of the Affiliate Site via privacy policy or other appropriate means that a tracking technology will be installed on the user's hard drive once the user clicks on the Content. The Affiliate shall provide users with the opportunity to reject the installation of such tracking technology in accordance with Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
7.1 The Company agrees to pay the Affiliate the Commission. The Commission shall be deemed to be inclusive of value added tax or any other applicable tax. The Affiliate shall be entitled to receive the Commission exclusively in respect of New Customers.
7.2 The Commission. Unless otherwise agreed to, is calculated at the end of each month and payments shall be made by the 30th of the following calendar month, provided that the amount due exceeds $100 (the "Minimum Threshold"). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commissions collectively exceeds the Minimum Threshold.
7.3 Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
7.4 In the calculation of Commission where Net Revenue is negative, the said balance will be set to zero. A negative balance due to fraud costs will however be carried over.
7.5 Negative Commissionable revenue generated in any given month by any Affiliates who the Company, in its sole discretion, will be carried forward and offset against future commissionable revenue generated by Affiliates referred by the Affiliate until such negative commissionable revenue is cleared. The determination of the criteria shall be in the Company's sole discretion, and the Company's sole responsibility in this regard shall be to advise the Affiliate of the categorization of any Affiliates referred by the Affiliate as the same by way of amendment to these terms and conditions.
7.8 In case of overpayment, the Company reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of overpayment to the Affiliate from the following month's Commission, and each month thereafter, until the debt is repaid in full.
7.9 In case of underpayment, the Company reserves, without prejudice to any other rights, the right to add the corresponding amount of underpayment to the Affiliate's Commission in the following calendar month.
7.10 The Affiliate's acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
7.11 If the Affiliate disagrees with the balance due as reported, it shall notify the Company within thirty (30) days from the date of payment and state the reasons of the disagreement. Failure to notify the Company within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
7.12 No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.
7.13 The Affiliate agrees to return all Commissions received based on fraudulent or falsified transactions and indemnify the Company for all costs and losses incurred in relation to such transactions (including, but without limitation, legal fees and costs).
7.14 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under this Agreement. The Company shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify the Company in that regard.
7.15 The Affiliate is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices. Any payment(s) made via the payment details listed in the Affiliate Account will be considered as payment made by the Company. Any cost incurred by the Company resulting from incorrect payment details provided by the Affiliate will be deducted from the Commission due to the Affiliate in the next monthly payment cycle in which there is a payment due to the Affiliate.
7.16 Should the Affiliate fail to send the Company an invoice, or otherwise fail to claim any amount due to the Affiliate within six (6) months from when such amount becomes due, such amount shall be written off and will no longer be due to the Affiliate.
8.1 The Affiliate expressly acknowledges and agrees that the use of the Internet and the Affiliate Programs are at the Affiliate's own risk. The Company makes no guarantee in relation to the accessibility of the Website(s) at any particular time or any particular location. The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of, the Website(s) or the Affiliate Program.
8.2 During the term of this Agreement, the Links shall be prominently displayed on the Affiliate Website(s) in accordance with what is agreed between the Company and the Affiliate.
8.3 The Company has the right to monitor the Affiliate Website(s) in order to ensure the Affiliate's compliance with the terms and conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring.
8.4 The Affiliate shall not register or purchase domain names, keywords, search terms or other identifiers for use in advertising or search or referral services which are similar or identical with the Intellectual Property Rights of the Company and its group companies or which include the word "Ox Profits Global" or variations thereof. The Affiliate shall not create any applications or Internet pages falsely representing Ox Profits Global in any way, shape or form on any social media channels (including, but not limited to, Facebook, Google +, Twitter etc.).
8.5 The Affiliate Website shall have at least an opt-in facility for the Customers to subscribe to the receipt of Advertising Material from the Affiliate via SMS or email. This is preferably done on a double opt-in basis. Should this facility be missing from the Affiliate's end, any Advertising Material sent to the Customers would be considered as spam. In the event that Ox Profits Global receives any complaints from Customers about spam, the Affiliate may be required by the Company to provide proof that the opt-in function has been provided to the Customer. Without prejudice, the Company reserves the right to freeze the Affiliate's account as provided under article 6.2(g) of this agreement.
8.6 Advertising Material sent to Customers by the Affiliate shall always contain an unsubscribe facility whereby the Customers can opt to stop receiving Advertising Material from the Affiliate.
8.7 The Affiliate shall ensure that any marketing communication sent to customers, shall only be received by individuals who are of legal age in the jurisdiction where they reside.
9.1 This Agreement may be terminated by either Party by giving thirty (30) days written (by email) notice to the other Party, provided that this Agreement shall be automatically terminated in the event that Ox Profits Global is precluded from offering the online gaming services to customers through the Ox Profits Global Website.
9.2 The Company may terminate this Agreement immediately by written notice if the Affiliate commits a breach of its material obligations under this Agreement;
9.3 This Agreement may also be terminated if either party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other party or in the event of any similar situation indicating that the other party is insolvent.
9.4 The terms of this Agreement shall no longer be considered applicable in the event the Company is obliged to leave a market due to market condition changes, legal and/or regulatory changes. In such cases, the existing customer accounts opened within that market can be closed.
9.5.1 The Company recognizes that the Affiliate may wish to sell its business to a third party. The Company requires an Affiliate to recognize and respect that the personal qualities, probity and background of Affiliates is vital to The Company's decision to accept a person as an Affiliate of the Affiliate program and for this reason If an Affiliate wishes to sell or otherwise dispose of the shares or assets of its business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of its business) the Affiliate shall be required, prior to completing the sale, disposal or transfer, to:
9.5.2 Furthermore, if the Company rejects the intended buyer as an Affiliate of the Affiliate program and the selling Affiliate nevertheless decides to proceed with the sale, The Company shall terminate this agreement insofar as it relates to the selling Affiliate, the business sold and/or the purchaser.
9.6 For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.
9.7 The Parties hereby agree that on termination of this Agreement:
10.1 The Company shall not be liable (in contract, tort, for breach of statutory duty or in any other way) for:
10.2 The Affiliate agrees to defend, indemnify and hold the Company and its group companies/affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless 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, related to or arising from:
10.3 The Company and its group companies reserves the rights to participate, at its own expense, in the defense of any matter or claim in relation to the above.
10.4 The Company reserves the right to reduce the Affiliate’s Commission/change the Reward Plan or close your account, withholding / confiscating any funds if:
11.1 All Information shall be treated as confidential. The Affiliate shall use the Confidential Information only for the purposes necessary to further the commitments of this Agreement. For avoidance of doubt, the Affiliate must not use the Confidential Information for any own commercial purpose or any other purpose other than those in this Agreement.
11.2 The Affiliate agrees to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless with the Company's prior written consent.
11.3 The Affiliate shall only use customer data provided by the Company. Any Confidential Information (including but limited to contact numbers and residential addresses) provided by customers to third parties shall not be used by the Affiliate to provide the Services to the Company under this Agreement.
11.4 Article 11 shall survive the termination of this Agreement.
12.1 Nothing contained in this Agreement will grant either Party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights.
12.2 All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.
12.3 At no time during or after the term of this Agreement shall a Party attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.
12.4 Ox Profits Global hereby grants the Affiliate a non-exclusive royalty free license to use its Intellectual Property Rights in accordance with the terms and conditions of this Agreement. This license shall terminate simultaneously with the termination of the Agreement.
13.1 Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such Party's employees, agents, or representatives) as an employee, agent or legal representative of the other Party, nor to create any partnership, joint venture, association or syndication among or between the Parties, nor to confer on either Party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other Party.
The Company is required by law to comply with data protection requirements in the way in which the Company use any personal information collected from the Affiliate. The Company therefore takes very seriously its obligations in relation to the way in which it uses the Affiliate's personal information. To learn how the Company uses the Affiliate's personal information please read the Company's Privacy Policy.
15.1 In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail.
15.2 Should one of the contractual provisions in this Agreement be or become invalid or unenforceable, such provision will be replaced by one which shall come as close as possible to the commercial purpose of the void provision. All other provisions of this Agreement shall continue in full force and effect.
15.3 No waiver in relation to this Agreement will be implied from conduct or failure to enforce any rights and all waivers must be in writing to be effective.
15.4 Any notice given or made under this Agreement to the Company shall be sent by email to and marked for the attention of the Affiliate Manager of the Ox Profits Global Website unless otherwise notified by the Company. The Company shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.
15.5 The Affiliate may not assign this Agreement or any rights hereunder, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign this Agreement and all its rights hereunder to any group company or third party without obtaining the prior consent of the affiliate.
15.6 The Company's failure to enforce the Affiliate's adherence to all terms outlined in the Agreement shall not be construed to constitute a waiver of the right to enforce such right.
15.7 The Company and the Affiliate will work in close cooperation at all times for the mutual benefit of making the Affiliate Program a successful collaboration.
15.8 Neither party shall be liable to the other for any delay or failure to perform its obligations under this 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) days then either Party may terminate this Agreement with immediate effect by providing a written notice.
15.9 Unless otherwise expressly agreed, this Agreement shall constitute the entire agreement and understanding superseding any agreement between the Parties. In case of conflict between this Agreement and any other Agreements entered into between the Company and the Affiliate, the contents of this Agreement shall prevail. Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.
16.1 The Company reserves the right to amend, alter, delete or add to any of the provisions of this agreement, at any time and at its sole discretion, without giving you any advance notice subject to the Terms and Conditions set out in this agreement. Any such changes will be posted on the OxProfitsGlobal.com site.
16.2 It shall be the sole responsibility of the Affiliate to keep updated with the latest version of this Agreement.
The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and construed in accordance with the laws of the United States.