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TERMS & CONDITIONS

These are the Terms and Conditions (“T&C”) for customers of the King Billy Affiliate Program (“KBAP”) featured on this website. By signing-up as an affiliate of King Billy Affiliates (“Affiliate”) these T&C are representing the necessary legal agreement between the Affiliate and Direx NV, owner of King Billy Affiliates and legal representative of the KBAP. Direx NV is a Curacao based online gaming company (registration number 131879, address Wilhelminalaan 13, Willemstad, Curacao) and operates the KBAP.

Please read these T&C carefully before joining the KBAP. By using this website and/or registering as an Affiliate with the KBAP the Affiliate agrees to be bound by these T&C. Therefore, the Affiliate must make sure to read these T&C periodically as Direx NV will make changes in them from time to time. The Affiliate will be bound by these changes.

Participation in the KBAP is forbidden if the KBAP applicant is not of legal age to form a binding contract with Direx NV, or is otherwise not allowed to participate in the Program under the laws of the country in which the applicant resides.

The KBAP applicant hereby accepts the KBAP appointment as Direx NV’s Affiliate and is bound by the English version of the T&C found on the site http://affiliates.kingbilly.com. Upon activation of the Affiliate account, and subject to the English version of the T&C, Direx N.V hereby grants to the Affiliate a License for the Term to: (a) to sponsor in the Internet on one or several domain name/s the KBAP products and services; (b) to access the KBAP management back-end; and (c) use marketing materials provided by the KBAP, for the exclusive benefit of Direx NV With participation in the KBAP the Affiliate acknowledges the acceptance of these T&C without any modifications.

The Affiliate is responsible for providing to Direx NV total and accurate personal and contact information upon registration. The Affiliate is obliged to keep this information up to date. Direx NV and King Billy Affiliates have the right to apply added ID verification measures.

The Affiliate agrees to receive communication on a regular/ad-hoc basis from Direx NV communicated with the particular purpose to assist or help improve the Affiliate referrals to Direx NV. If the Affiliate prefers not to receive such communication they must opt-out on receiving a communication from Direx NV or inform their Affiliate Manager that no such communication is required in future.

The Affiliate acknowledges that the Products, Tools, Marketing Materials, Copyright and Intellectual Property will at all times remain the property of Direx NV. The Affiliate acknowledges that he/she has no claim or right of whatever nature in and to the Ownership and Intellectual Property, other than those provided in terms of the License.

Permission from King Billy Affiliates is always needed to use any domain name associated with the products of Direx NV/King Billy Affiliates for promotional purposes. When there is such permission, the Affiliate is not allowed to promote other products than the Direx NV/King Billy Affiliates products on that particular site.

The Affiliate shall not open more than one Affiliate account without prior written consent from Direx NV or the Affiliate Managers of King Billy Affiliates.

Direx NV will implement the payment of the Commission to the Affiliate based on the Wager Profit model and the Affiliate’s commission plan. The Commission Plan can be found on http://affiliates.kingbilly.com and always consists part of these T & C in its most up-to-date form.

The Affiliate accepts that the paid commission represents total compensation for his/her services and acknowledges that ownership of all customer data belongs in its entirety to Direx NV/King Billy Affiliates, that this data constitutes a business secret of Direx NV and falls under the Intellectual Property of Direx NV/ King Billy Affiliates.

After KBAP approval from King Billy Affiliates, an Affiliate can operate under an alternative payment plan if this is deemed necessary to improve the promotion of Direx NV/King Billy Affiliates products. An alternative payment plan needs to be agreed for a certain period and confirmed by the management of King Billy Affiliates. After expiry, both parties have the choice to extend the period or stop the agreement. When the alternative payment plan is terminated, the Affiliate will return to either his/her previous payment plan, or the standard payment plan.

The Affiliate always needs permission from King Billy Affiliates’ management to promote the products of Direx NV/King Billy Affiliates on sites or channels not related to online gaming.

The calculation of the revenue share deal is as follows:

Commission = Net revenue X revenue share percentage. Net revenue = Bets – Winnings – Bonuses – Admin (payment system fee + game providers fee) - chargebacks.

The Affiliate is paid on a monthly basis, provided the amount payable is no less than €50 for Skrill and Neteller or €250 for Wire Transfer. If this minimum amount is not reached in a particular month, King Billy Affiliates reserve the right to withhold payment and carry the amount due to the next calendar month or months, until the minimum amount is reached.

The maximum amount per month for payment with Skrill or Neteller is €2,500. Any amount above €2,500 will be paid by Wire Transfer.

The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith. Direx NV, King Billy Affiliates and/or their product Licensors reserve the right to terminate this Agreement immediately should such activity arise.

During participation in the King Billy Affiliate Program, the Affiliate may not, either directly or indirectly, be a party to generating or processing e-mail spam.

An Affiliate may not be a party (whether directly or indirectly) to any Fraudulent Activity. The Affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities. Direx NV has the right to withhold Affiliate commissions which have been generated by fraudulent, criminal or otherwise unethical methods or business practices.

An Affiliate is not allowed to open directly or indirectly a player account for gambling against money using an affiliate ID of an affiliate account which is directly or indirectly under the Affiliate’s control or where the Affiliate is directly or indirectly the beneficiary of the Affiliate commission. Commissions will not be paid for this activity. In this manner, Affiliates are restricted from earning commission from their own wagering.

An Affiliate always needs permission from King Billy Affiliates to open a second affiliate account.

Affiliates are not allowed to open a new affiliate account with a sub-affiliate link including their own tracking code.

Once an affiliate account is inactive and the number of signups doesn’t exceed 5 within the 3 months period, all these accounts will be blocked at our sole discretion.

An Affiliate’s membership of the KBAP can be terminated by Direx NV or an Affiliate Manager from King Billy Affiliates, at any time should the Affiliate fail to comply with its obligations in accordance with the English version of the T&C.

Direx NV may refuse a new affiliate at Direx NV’s sole discretion if the candidate affiliate’s website is unsuitable to market the products of King Billy Affiliates.

Direx NV may terminate the agreement with an Affiliate if a serious breach of this agreement occurs.

Direx NV will inform the Affiliate about a detected breach of the agreement and allow the Affiliate to correct the detected irregularities within 8 days to avoid a termination of the agreement.

Direx NV and the Affiliate are independent contractors. Nothing in this Agreement will create any partnership, joint venture, franchise, agency, sales representation, or employment relationship between the Parties. The Affiliate has no authority to make any representations or accept any offers on Direx NV’s or King Billy Affiliates’ behalf.

The Affiliate shall defend, indemnify, and hold Direx NV/King Billy Affiliates and their payment providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees.

Direx NV/King Billy Affiliates make no express or implied warranties or representations with respect to the KBAP. Direx NV/King Billy Affiliates will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever.

All services, features and KBAP applications that are made available to the Affiliate, including the products, tools and marketing materials, are provided “as is”. Direx NV, King Billy Affiliates, its agents, representatives, affiliates, network service providers, software providers, partners or employees make no warranty to the Affiliate or any other person or entity, whether express, implied, or statutory, as to the description, quality, title, merchantability, non infringement, completeness, or fitness for a particular use or purpose as to any of the products, tools and marketing materials, or as to any other matter, all such warranties hereby being expressly excluded and disclaimed. The Affiliate assumes total responsibility and risk for use of any products, tools and marketing materials.

In no event shall Direx NV, King Billy affiliates, its agents, representatives, affiliates, network service providers, software providers, partners or employees be liable to the Affiliate or any third party in any respect for any costs or damages arising either directly or indirectly from the Affiliate’s use of any products, tools or marketing materials, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any loss of revenue, profits, use, data, goodwill or business opportunities of any kind or nature whatsoever, arising in any manner from any cause of action or claim relating to these terms and conditions or to the use of any casino (even if Direx NV has been advised of the possibility of such damages). This limitation of liability applies equally to any third parties with whom Direx NV enters into a binding agreement to market, display and/or distribute the casinos (or any derivation thereof) and such third parties shall not be liable to the Affiliate or any other third party for any of the damages set forth above. These limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law. Direx NV’s and King Billy Affiliates entire liability for any cause of action, whether in contract, tort, strict liability or otherwise (except to the extent prohibited by law), shall not exceed one hundred (€100.00) Euros.

Under no circumstances shall Direx NV, its agents, affiliates, network service providers, software providers, partners, representatives or employees be held liable for any delay or failure in usability and performance of the products, tools and marketing materials resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, electrical power failures, labor disputes, shortages of labor or materials, fires, floods, explosions, terrorist attacks, war or other acts of God.

These T&C will be governed by the laws of Curacao, without reference to rules governing choice of laws. Any action relating to or arising from these T&C and an affiliate’s membership of the KBAP must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of its courts.

No purported modifications, amendments, alterations, additions, deletions or interlineations of these T&C or the commission schedule by the Affiliate are permitted or will be recognized by Direx NV.

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