Jackpotjoy Affiliates | About us | Join Affiliate Program | Unique Games | FAQs
Promotions | Blog | Links | Marketing Tools | JuegaTuSuerte
PUBLISHER AGREEMENT

This Agreement is made the day set out below by and between

  1. TradeDoubler Limited, Company No 3921985, a company incorporated in and according to the law of England whose registered office is at St James House, 13 Kensington Square, London W8 5HD UK, hereinafter referred to as "TradeDoubler", and
  2. "You" or "the Publisher"
WHEREAS

  1. TradeDoubler has developed and operates a service, which allows You to earn money by placing a link on Your website to one or several websites, connected to TradeDoubler's website
  2. In order to use the service, You must accept the conditions of this Agreement and become authorised as a TradeDoubler "Publisher". Please read this Agreement carefully. By clicking on the "Register" button, You accept the conditions of this Agreement. You are not allowed to use the service if You do not accept the provisions of this Agreement.
  3. You must be accepted by TradeDoubler and the company with whose Affiliate Program You would like to be registered before You can become a Publisher. You will be informed through TradeDoubler's website (www.tradedoubler.co.uk) when You have been accepted as a Publisher.
Now therefore, You agree to the following binding terms of this Agreement.

1. Definitions
The following terms when used in this Agreement shall have the following meanings:
  1. "Affiliate Program" - is a program owned and operated by TradeDoubler for a company on TradeDoubler's website which the Publisher can join.
  2. "Artificial Traffic" - is a collective term for invalid Clicks, Leads and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in e-mail or chat rooms, script generators, placing links on other websites than informed, Clicks which are not generated by a browser, and Clicks which are not preceded by an active act of a Unique Visitor who wants to reach a certain website.
  3. "Click" - means a click by a Unique Visitor on a link on the Publisher's website which directs the Unique Visitor to a Linked Website.
  4. "Intellectual Property Rights" - means similar or equivalent rights, wheresoever arising in the world, including, without limitation (i) rights in patents, registered designs, design rights, trade marks, copyright, database rights, moral rights, topography rights, trade and business names including the benefit of all registrations and applications to register any of the aforesaid and all rights in the nature of any of the aforesaid; (ii) rights in the nature of unfair competition rights and rights to sue in passing off; and (iii) all trade secret, confidentiality and other proprietary rights including all rights to know-how and other technical information.
  5. "Lead" - means a Unique Visitor who is connected to a Linked Website directly from the Publisher's website and who has completed a definite act at the Linked Website, for example made a registration as a user.
  6. "Linked Website" - means a website to which the Publisher has placed a link on his website and which is connected to an Affiliate Program registered at TradeDoubler.
  7. "Traffic" - is a collective term for valid Clicks, Leads and Transactions/sales.
  8. "Transaction/sale" - means an agreement to buy a product, service or anything else supplied on the Linked Website concluded by a Unique Visitor who is connected to a Linked Website directly from the Publisher's website.
  9. "Unique Visitor" - means any person who clicks on a link placed on the Publisher's website which is connected to an Affiliate Program registered at TradeDoubler, and thereby is connected to a Linked Website.
Words denoting the masculine gender include the feminine and other genders and words denoting the singular number only shall include the plural and vice versa.

2. The Service
  1. The Publisher is allowed to place links on its website to websites which have an Affiliate Program registered at TradeDoubler.
  2. Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on TradeDoubler's website, www.tradedoubler.com. The Publisher must keep itself informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Publishers. The Publisher must comply with the requirements of the Affiliate Program, including in particular any stipulations as to the nature and content of the Publisher's web site and the use of third party or other Intellectual Property Rights.
  3. TradeDoubler reserves the right to modify, amend, change or terminate TradeDoubler's service on 30 days' notice to the Publisher. The Publisher will be notified of all such changes by e-mail to the Publisher. If the Publisher does not accept the changes the Publisher must immediately cease to use the service and delete all links to Linked Websites. Any payments which are validly owed to the Publisher will be paid by TradeDoubler within a reasonable time bearing in mind TradeDoubler’s usual payment process.
3. Obligations of the Publisher
  1. The Publisher is solely responsible for its website and its contents and shall ensure that they conform at all times to all applicable laws and regulations.
  2. If the Publisher is a natural person he must be at least 18 years of age. If the Publisher has not reached the age of 18, a parent or legal guardian must give his consent to the registration to TradeDoubler's service and the registration of a Publisher below the age of 18 without such consent will be ineffective.
  3. The Publisher warrants that the information furnished to TradeDoubler about itself and its website is true and accurate. The Publisher must notify TradeDoubler immediately of any changes in the information by updating such information on TradeDoubler's website. If the Publisher is a limited company TradeDoubler must be provided with the Publisher's full registered name, company registration number, registered office address, trading address if different and VAT number if registered.
  4. The Publisher warrants either that the rights to all information and content on the Publisher's website belong to the Publisher or that the owner of the rights to the information and content on the Publisher's website has given his explicit permission to their publication there. The Publisher also warrants that the information and content on the Publisher's website do not infringe any rights of third parties, including Intellectual Property Rights, and that such information and content is not offensive, prohibited or questionable in any way.
  5. The Publisher must not in any way generate or contribute to generating Artificial Traffic to Linked Websites.
  6. The Publisher must notify TradeDoubler immediately of any known or suspected improper or wrongful use of the Publisher's links to TradeDoubler's website and/or an Affiliate Program or of TradeDoubler's service in any way whatsoever.

4. Obligations of TradeDoubler
  1. TradeDoubler undertakes to monitor and register the Traffic generated by the Publisher's website to Linked Websites, in accordance with the service provided by TradeDoubler.
  2. TradeDoubler will collect and pay to the Publisher all amounts due to it arising from this Agreement.

5. Remuneration
  1. The conditions of remuneration for each Affiliate Program are published on TradeDoubler's website and shall apply at all times. The Publisher therefore agrees to "self-billing", which means that TradeDoubler will create the invoice on behalf of the Publisher. VAT (if applicable) is added to the remuneration shown on TradeDoubler's website.
  2. Subject to clause 5.3, payment of accumulated remuneration to the Publisher shall be made monthly in arrears, provided that the Publisher has generated valid Traffic and that TradeDoubler has received payment from each company with whose Affiliate Program the Publisher has registered.
  3. Payment will only be made if, two months prior to the payment date, the Publisher is due an amount of at least £30 and if TradeDoubler has received full payment in respect of such amount due to the Publisher. An amount due of less than £30 will be accumulated to the next payment and will be included in the amount to be paid out at the next payment date, again provided that the minimum amount of at least £30 is due two months prior to that payment date. All payments are calculated upon the total Traffic generated up to the end of two months prior to the month of payment. Accumulated amounts do not accrue any interest.
  4. Nothing in this Agreement shall create or be deemed to create, a partnership or relationship of employer and employee between TradeDoubler and the Publisher.
  5. Payment to the Publisher will be made direct to the Publisher's bank account. The Publisher must specify on TradeDoubler's website details of his bank account (including name and branch of the bank, sort code of the branch and the Publisher's account number).
  6. The Publisher is responsible for the payment of all tax and national insurance payable on any payments made to him by TradeDoubler.

6. Limits on TradeDoubler's Liability
  1. Nothing in this Agreement shall exclude or limit the liability of TradeDoubler for (i) fraud; (ii) death or personal injury caused by its negligence (as defined in section 1 of the Unfair Contract Terms Act 1977); (iii) any breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; or (iv) any liability which cannot be excluded by law.
  2. Save as provided for in clause 6.1, TradeDoubler does not accept and hereby excludes any liability in negligence other than any such liability arising pursuant to the terms of this Agreement.
  3. Subject to clause 6.1, TradeDoubler shall have no liability for any of the following loss or damage (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits (including loss of profits on contracts); (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss of business; (vi) loss of opportunity; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss or corruption of, or damage to, data, systems or programs; (x) interruptions in the accessibility to the service; (xi) defects in the security system or viruses or other harmful software components in TradeDoubler's service or for any damage caused by viruses or components to the service, the Publisher's software and/or the Publisher's website; (xii) any error in the implementation of the links on the Publisher's website or for the specified function of the links; or (xiii) any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt where such loss or damage is of the type specified in this clause 6.3).
  4. Further, TradeDoubler shall not be liable for any loss occasioned by the breach by any companies (such companies being registered with an Affiliate Program at TradeDoubler), of any of their obligations under their Affiliate Programs, nor shall TradeDoubler be liable in any way for any agreements made directly between the Publisher and such companies.
  5. Subject to clause 6.1, the total liability of TradeDoubler shall in no circumstances exceed a sum equal to 125% of the fees payable under this Agreement.

7. Term and Termination
  1. This Agreement shall come into force upon Your acceptance by TradeDoubler and the company with whose Affiliate Program You wish to be registered as a Publisher and shall remain in effect until terminated.
  2. The Publisher is entitled to terminate this Agreement with immediate effect at any time. The Publisher must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites.
  3. TradeDoubler is entitled to terminate this Agreement and/or suspend the Publisher from TradeDoubler's service or from a certain company's Affiliate Program if:
    1. TradeDoubler considers the Publisher or the content of his website inappropriate in any way.
    2. TradeDoubler is requested to do so, for any reason, by a company with whose Affiliate Program the Publisher is registered.
    3. The Publisher acts fraudulently or illegally in any way or the Publisher generates or tries to generate Artificial Traffic to Linked Websites or the Publisher in any other way breaches any of the provisions of this Agreement.
    4. The Publisher has not generated any Traffic for a period of three (3) months.
  4. Upon suspension of the Publisher from a particular company's Affiliate Program, the Publisher shall immediately delete all links to that particular company's web site.
  5. Upon termination of this Agreement, TradeDoubler shall inform the Publisher immediately through TradeDoubler's website and the Publisher shall immediately cease to use the service and delete all links to Linked Websites.
  6. This Agreement expires immediately on termination and no remuneration will be paid to the Publisher for the Affiliate Program or Programs in question, other than payments validly due to the Publisher.

8. Indemnity

The Publisher shall indemnify TradeDoubler against any liabilities, proceedings, costs, damages, losses or expenses incurred by TradeDoubler arising from the contents of the Publisher's website (including any advertising on the Publisher's website in breach of any obligations it may have to other advertisers) or any incorrect information given to TradeDoubler by the Publisher, any other breach of this Agreement or any other negligent or wrongful act of the Publisher, including without limitation the Publisher's improper, negligent or unauthorised use of TradeDoubler's service and technical problems or loss of data caused by the Publisher on TradeDoubler's website or on any website to which the Publisher is linked by TradeDoubler.

9. Assignment

The Publisher may not assign or pledge his rights or obligations under this Agreement in whole or in part to any third party without the prior written consent of TradeDoubler. The Publisher agrees that TradeDoubler may assign its rights and obligations under this Agreement and divulge or transfer information about the Publisher's website, e-mail and other non-personal data to any third party.

10. Consent

The Publisher consents to the publication of the Publisher's name and web address etc at TradeDoubler's website and to TradeDoubler sending newsletters and other marketing/promotional material to the Publisher's e-mail address and using the information given by the Publisher for marketing purposes.

11. Use of Data
  1. By entering into this Agreement, the Publisher acknowledges that information regarding the Publisher, its employees and customers that is provided to TradeDoubler in connection with this Agreement (“Data”) may be processed by: (i) TradeDoubler; and (ii) subcontractors and agents of TradeDoubler in connection with the provision, support and maintenance of the services.
  2. The Publisher confirms that it is the Publisher's obligation to inform its employees and customers of the processing of Data and to ensure that such employees and customers have given their consent to such processing in accordance with applicable data protection legislation.

12. Intellectual Property Rights

TradeDoubler owns or is licensed to use all Intellectual Property Rights and all other rights which subsist or arise in connection with the service or software necessary for the service. The Publisher does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites under the terms of this Agreement.

13. Misrepresentation
  1. Save as provided in clauses 13.2 - 13.3, the Publisher shall have no remedy in respect of any representation (whether written or oral) made to it upon which it relied in entering into this Agreement (“Misrepresentation”) and TradeDoubler shall have no liability to the Publisher other than pursuant to the express terms of this Agreement.
  2. Nothing in this Agreement shall exclude or limit TradeDoubler's liability for any Misrepresentation made by TradeDoubler knowing that it was untrue.
  3. Nothing in this Agreement shall exclude TradeDoubler’s liability for any fundamental Misrepresentation, including any misrepresentation as to a matter fundamental to the maker’s ability to perform its obligations under this Agreement, but such liability shall be subject to the limit set out in clause 6.5.
  4. The Publisher acknowledges and agrees that no representations were made prior to the entering into of this Agreement and that, in entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.

14. Severability

The invalidity or unenforceability of any term or any part of any term of, or any right arising pursuant to, this Agreement shall not affect the validity or enforceability of any other terms or rights or the remainder of any such term or right which shall continue in full force and effect except for any such invalid or unenforceable provision or part thereof. If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

15. Entire Agreement

Further to clause 13 and without prejudice to clauses 13.2 and 13.3, this Agreement constitutes the entire agreement and understanding of the parties, and supersedes any and all other previous agreements, arrangements and/or understandings (whether written or oral) between the parties regarding TradeDoubler's obligations and liabilities in respect of the supply or purported supply of, the failure to supply or any delay in performing the services under this Agreement.

16. Applicable Law
  1. TradeDoubler shall not be liable for the legality of TradeDoubler's service in countries other than the United Kingdom. The Publisher is solely responsible for the legality of the use of the service if the Publisher is registered to TradeDoubler's service from a country other than the United Kingdom or if the Publisher's website is on a server in a country other than the United Kingdom.
  2. This Agreement shall be governed by, and construed in accordance with the laws of England.
  3. If any dispute arises out of this Agreement the parties will attempt to settle it by mediation in accordance with the Model Mediation Procedure of the Centre for Dispute Resolution ('CEDR') or such other mediation procedure as the parties may agree in writing.
  4. To initiate the mediation one party must give notice in writing ('the ADR Notice') to the other party, requesting a mediation in accordance with this clause. The mediation is to take place not later 28 days after the giving of the ADR Notice. If there is any issue upon which the parties cannot agree within 14 days after the giving of the ADR Notice, CEDR (or such other mediation body as the parties may have agreed) will, at the request of either party, decide the issue for the parties, having consulted with them.
  Affiliate Login
Forgotten Password?
join now!
gambleaware This website is restricted to over 18's only. Click here for terms & conditions
Please play responsibly, for more information visit www.gambleaware.co.uk