VIKSaffiliates.com is the affiliate program of VIKS.com, provided by Cyberplay Management Ltd., a company incorporated under the law of Malta, 115, 5th Floor Valley Road, Birkirkara, BKR 9024 with Registration Number C70489.
The following words and terms, used throughout this agreement and for the purpose of this agreement, are defined below:
1. Affiliate: is defined as a natural or juristic person who has applied and is accepted by VIKS Affiliates as an affiliate of the affiliate program in terms of this agreement. Said affiliate may or may not be associated with another natural or juristic person as a parent, subordinate, subsidiary, or member.
2. Affiliate program: is defined as the affiliate program operated by VIKS Affiliates.
3. Commission: is defined as the commission structure detailed in Clause 10 and the Commission section of the VIKS Affiliates’ website.
4. Confidential information: is defined as:
a) Any information of whatever nature obtained by the affiliate from VIKS Affiliates and/or its licensors, whether relating to VIKS Affiliates or a VIKS Affiliates's information and whether in writing or in electronic form or pursuant to discussions between VIKS Affiliates. Confidential information can also refer to information procured through inspection, testing, visual examination or analysis, (including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas).
b) All material, analyses, concepts, compilations and studies compiled from such information specified in this definition in the possession or control of the affiliate. This extends to any dispute between the affiliate and VIKS Affiliates resulting from this agreement;
5. Copyright: is defined as and extends to existing and future copyright in the trademark devices, logos, branding, trade dress, websites, marketing material and/or trading styles relating to, or incorporated in, the VIKS Affiliates’ websites.
6. Customer: is defined as a person or entity directed by the affiliate in any manner to VIKS.com and who can be linked to the affiliate's ID and who opens an account with VIKS.com.
7. Derivative domain: is defined as any domain name which is not a prohibited domain name, and that incorporates in its entirety, or in part, any of the trademarks.
8. Derivative website: is defined as a website established by the affiliate, which incorporates in its entirety, or in part, any of the intellectual property.
9. Fraudulent activity: is defined as deception which in the sole opinion of VIKS Affiliates is intentionally carried out by a customer or affiliate in order to obtain a real or potential, unfair or unlawful gain.
10. Intellectual property: is defined as:
a) the trademarks; and
b) the copyright.
11. IP documentation: is defined as the written document(s) published by VIKS Affiliates on the VIKS Affiliates website.
12. Marketing material: is defined as the forms of branded and creative material, including but not limited to, various forms of online and offline marketing material, online banners, html and text mailers, and promotional material that VIKS Affiliates may provide the affiliate.
13. VIKS Affiliates websites: are defined as websites located at, but not limited to, the following URLs: VIKS.com and VIKSAFFILIATES.com
14. Notice: is defined as a written document, including email communication.
15. Parties: is defined as VIKS.com, VIKS Affiliates and the affiliate.
16. Prohibited domain name: is defined as a domain name, irrespective of territory or top level domain (TLD), which is identical or similar to VIKS.com, VIKSaffiliates.com and /or VIKS Affiliates' licensors' trademarks and/or services marks. Affiliates are thereby restricted from registering, acquiring and/or using in any manner or form whatsoever these prohibited domain names.
17. Second-tier affiliate: is defined as an entity or person that the affiliate directs in any manner to VIKS Affiliates and who can be linked to the parent affiliate's affiliate ID. This entity or person becomes an affiliate of VIKS Affiliates.
18. Spam: is defined as any unwanted electronic mail message of a commercial nature advertising or promoting a product or service.
19. Agreement: is defined as this affiliate agreement, including the online application form, these terms and conditions and all appendices incorporated therein by reference, including all future updates and additions thereto.
20. Trademarks: are defined as those trademark applications and registrations listed in the IP documentation, including equivalent and/or similar applications and registrations in all other countries, the goodwill and/or reputation which attaches to all the aforementioned, as well as the goodwill and/or reputation in the getup, trade dress and/or trading style which relate to or are associated with the registered and/or unregistered trademarks.
21. Written /writing: is defined as communication in written form, including e-mail.
22. Term: is defined as the period that begins upon acceptance and activation of an Affiliate Partner account and remains in full force until the account is terminated in accordance with this agreement.
1. An affiliate must successfully fulfill the requirements of clause 3 of this agreement prior to this agreement coming into force and effect. The affiliate's successful application to join the affiliate program in terms of clause 3 constitutes the affiliate's acceptance of this agreement and is subject to the affiliate's continued adherence to the terms and conditions of this agreement.
2. By applying to be registered as an affiliate of VIKS Affiliates, the affiliate certifies that all of their marketing activities adhere to the VIKS.com applied gaming licenses - Code of Conduct.
1. VIKS Affiliates shall assess the affiliate's application on submission thereof.
2. To ensure the timely evaluation of an affiliate application, the affiliate will furnish VIKS Affiliates with the following information:
a) A list of derivative domain names;
b) Information on how these domain names are being used;
c) Information on the quality of a derivative website including but not limited to information about the websites content, and design;
d) Information about the affiliate's area of focus, including but not limited to online casinos and sports books activities
e) The affiliate's preferred marketing methods; and
f) The affiliate's target market.
3. The affiliate must also provide VIKS Affiliates with its banking details or other preferred method of payment for the payment of commission, including tax registration details where and when applicable.
4. Once the requirements of clause 3.1 to clause 3.3 are met, the affiliate will be notified in a timely manner of VIKS Affiliates' acceptance or rejection of the application. The affiliate acknowledges and agrees that the acceptance of his application depends on its compliance with the provisions of this clause. The acceptance or rejection of any affiliate application is at the sole discretion of the VIKS Affiliate Program.
1. Prohibited Domain Names
a) The affiliate may not register a prohibited domain name.
b) Should an affiliate register a Prohibited Domain Name, and without prejudice to any legal remedy or right that the VIKS.com and/or its licensors may have in law, VIKS Affiliates and/or VIKS.com shall be entitled to terminate this Agreement with immediate effect and claim transfer of the Prohibited Domain Name to VIKS.com without any right of financial compensation.
c) VIKS Affiliates shall have sole discretion as to whether a particular domain is a Prohibited Domain Name. The VIKS Affiliates' decision in this regard is final and binding.
2. Derivative Domain Names:
a) One or more derivative domain names may be registered by the affiliate.
b) The affiliate will supply VIKS Affiliates with a written, correct and inclusive list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliates list of Derivative Domain Names will be communicated to VIKS Affiliates as soon as is reasonably possible.
c) The affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial property of VIKS Affiliates and/or its licensors and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of VIKS Affiliates for the Term. On expiry of the Term the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to VIKS.com, or an entity duly nominated by VIKS Affiliates in writing, without delay.
d) In order to comply with the provisions of clauses 4.3, 4.4 and 4.5, the affiliate hereby undertakes to sign and/or complete any and all documents or procedures, and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to VIKS.com, or an entity duly nominated by the VIKS Affiliates in writing.
e) All rights or advantages, and without limitation goodwill, that may arise due to the use of the Derivative Domain Name will accrue for the sole benefit of VIKS.com.
f) Should a certain Derivative Domain name no longer be required by an affiliate, the affiliate will, in a timely manner prior to the URL expiring, inform VIKS Affiliates of its intention not to pay the renewal fee, and will, if requested to do so by VIKS Affiliates, provide all necessary assistance to transfer the Derivative Domain Name to the VIKS Affiliates, or an entity duly nominated by the VIKS Affiliates in writing, without delay.
g) Without exception, a Derivative Domain Name may only be used for the following purposes:
i) To resolve to the respective VIKS Affiliates website; or
ii) To resolve to a Derivative website; on condition that: if the affiliate is marketing and promoting only one of the VIKS Affiliates' websites, the affiliate may only market and promote the particular VIKS Affiliates website corresponding with the derivative domain name; if the Affiliate is marketing and promoting more than one of the VIKS Affiliates’ websites the affiliate shall give prominence to the VIKS.com website corresponding with the Derivative Domain Name; the Derivative Website does not market and/or promote competitor brands or products.
h) VIKS Affiliates and/or VIKS.com reserve the right, in their sole discretion, to terminate this Agreement with immediate effect and claim transfer of the Derivative Domain Name to the VIKS Affiliates if the affiliate, its agent or nominee does not strictly adhere to the provisions of clauses 4.3, 4.4 and 4.5.
I) The VIKS Affiliates has sole discretion as to whether a Derivative Domain Name is a Prohibited Domain and the VIKS Affiliates' decision in this regard will be final and binding on the affiliate.
3. Derivative Websites and Marketing Material
a) If the affiliate elects to establish and promote a derivative website, the affiliate will ensure that the derivative website complies in all aspects with the guidelines published in the IP documentation as may be updated from time-to-time.
b) The affiliate will be solely responsible for the development, operation, and maintenance of the Derivative website; the content of its website; and ensuring, amongst others, that any and all content posted on the website, including, but not limited to, images, graphics, data and text, are not libelous or otherwise illegal.
c) It is left to VIKS Affiliates sole discretion as to whether the affiliate is fulfilling its responsibilities in terms of this clause. The VIKS Affiliates' decision in this regard will be final and binding on the affiliate. If required, the affiliate will take all necessary action prescribed by the VIKS Affiliates or its designated agent to remedy the situation, failing which the VIKS Affiliates shall be entitled to terminate the Agreement with immediate effect.
d) The affiliate undertakes to use its best efforts to ensure that the reputation, goodwill and proprietary rights that vest in the Intellectual Property are protected, maintained and wherever possible, enhanced for the ultimate benefit of the VIKS Affiliates and its licensors.
e) The derivative website of the affiliate shall not be presented in any way or manner so that it may cause confusion with the VIKS.com and VIKSAFFILIATES.com websites, or that it may give a false notion that such website is owned and/or operated by VIKS.com, VIKSAFFILIATES.com, and/or its licensors.
4. Marketing Material
a) The affiliate will have access to the intellectual property and the marketing material via the VIKS Affiliates website, newsletters and Affiliate Managers.
b) Without detracting from the affiliate's other obligations in terms of the agreement, the affiliate agrees to:
i) Procure and use new and updated intellectual property and/or marketing material after it is made available to the affiliate by VIKS Affiliates and/or VIKS.com.
ii) The affiliate shall, when using the Intellectual Property and Marketing Material, ensure that they are reproduced and applied exactly and accurately as intended and shall use them in accordance with the instruction set out by the VIKS Affiliates (whether in the IP Documentation or otherwise).
c) A decision as to whether or not the affiliate is complying with its responsibilities in terms of this clause is left to the sole discretion of the VIKS Affiliates. VIKS Affiliates’ decision in this regard will be final and binding on the affiliate, and if necessary the affiliate will take all necessary action prescribed by VIKS Affiliates or its designated agent to remedy the situation, failing which the VIKS Affiliates shall be entitled to terminate the Agreement with immediate effect.
d) It is permissible for the affiliate to design its own marketing material for the sole purpose of sending customers to the VIKS Affiliates' websites, subject to the following terms and conditions: di) Marketing material designed by the affiliate will stringently adhere to the instructions and guidelines as set out in the Intellectual Property documentation relating to the use and application of the intellectual property. If the use and/or application of any of the intellectual property is not specifically dealt with in the Intellectual Property documentation, then prior to the intellectual property being used, the affiliate shall first obtain VIKS Affiliates written approval or instructions on how to proceed.
dii) VIKS Affiliates may request with such information and reports, including but not limited to samples of any marketing material, which the affiliate is required to provide.
diii) Any proposed changes to the Intellectual Property or Marketing Material that the affiliate may wish to make shall be submitted to VIKS Affiliates for written approval prior to the use or publication thereof.
a) The affiliate recognizes that the intellectual property will at all times remain the property of the VIKS Affiliates and/or its licensors. The affiliate recognizes that it has no claim or right of whatever nature in and to the intellectual property, other than those provided in terms of the license.
b) The affiliate will not do or cause to be done any act or thing contesting, or in any way impairing or tending to impair, any part of the VIKS Affiliates or the VIKS Affiliates licensors rights, title and interest in and to the Intellectual Property.
c) The affiliate shall not in any way represent that it has any rights of any nature in the Intellectual Property, other than those that it enjoys in terms of this Agreement.
d) The affiliate will take all practical steps to ensure that its employees, agents, contractors or representatives are advised of its duties in terms of the Agreement and that it can give full effect to such duties.
e) The affiliate shall, as soon as it becomes aware thereof, give VIKS Affiliates, in writing, full particulars of any use or proposed use by any other person, firm or company, of a trade name, trademark or mode of promotion or advertising or any element of the Intellectual Property, which amounts or might amount either to infringement of the VIKS Affiliates' rights in relation to the Intellectual Property or to any other form of passing-off.
f) If the Affiliate becomes aware that any other person, firm or company claims that the Intellectual Property is invalid or that use of the Intellectual Property infringes any rights of another party or that the Intellectual Property is otherwise attacked or attackable, the Affiliate will immediately give VIKS Affiliates full particulars in writing thereof and shall make no comment or admission to any third party in respect thereof.
g) The VIKS Affiliates and/or its licensors shall have the sole conduct of all proceedings relating to the Intellectual Property and will in their sole discretion decide what action, if any, to take in respect of any infringement or alleged infringement of the Intellectual Property or passing-off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Intellectual Property. The Affiliate shall not be entitled to bring or defend any action for infringement of the Intellectual Property, and VIKS Affiliates and VIKS.com shall not be obliged to bring or defend any proceedings in relation to the Intellectual Property if they decide in their sole discretion not to do so.
h) The VIKS Affiliates and/or its licensors will throughout the subsistence of this Agreement, at their own expense, maintain all Intellectual Property registrations in force and shall pay all renewal and any other fees necessary for this purpose. Should any of the Intellectual Property lapse or be held to be invalid for whatever reason, this License will continue in respect of the remainder of the Intellectual Property.
1. VIKS Affiliates will sign up customers and track their purchases and their play appropriate. The VIKS Affiliates has the right to refuse customers (or to close their accounts) if necessary, to comply with any requirements that they may periodically establish.
2. VIKS Affiliates will supply the affiliate with such marketing material as is strictly necessary to market and promote the VIKS Affiliates' websites and products.
3. VIKS Affiliates will track customers' purchases and customers' wins and losses and will provide reports summarizing this activity. Notwithstanding this, the form, content and frequency of the reports may, at VIKS Affiliates discretion, vary from time to time. VIKS Affiliates will provide the affiliate with remote online access to reports of customer activity and the commission generated. To gain access the affiliate will need to use the affiliate's user name and password as provided to the affiliate by VIKS Affiliates.
4. VIKS Affiliates will facilitate payment of commission from VIKS Affiliates to the affiliate based but not limited to on Net Gaming Revenues, earned from purchases and play from the affiliate’s customers after they open an account with VIKS.com.
1. By applying to be an Affiliate Partner of the VIKS Affiliates, the affiliate warrants that:
a) The information the affiliate supplies VIKS Affiliates on registration is comprehensive, valid and truthful;
b) In the event the affiliate is a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; and
c) The execution of this Agreement by such person, and the performance by the affiliate of the affiliate's obligations and duties hereunder, do not and will not violate any agreement to which the affiliate is a party or by which the affiliate are otherwise bound.
2. The Affiliate hereby accepts the appointment as VIKS Affiliates Affiliate Partner in terms of Clause 3 above. The affiliate acknowledges that this Agreement does not grant the affiliate an exclusive right or privilege to assist VIKS Affiliates in the provision of services arising from the affiliate's referrals. The Affiliate shall have no claims to commissions or other compensation on business secured by or through persons or entities other than the affiliate.
3. The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to VIKS Affiliates, VIKS.com, its Licensor or Affiliates. VIKS Affiliates has and reserves the right to terminate this Agreement immediately should such activity arise through a person directed to VIKS Affiliates or VIKS.com via the affiliate's link and to withhold the Commissions payable to the affiliate at any time irrespective of whether such mentioned traffic was directed from the affiliate's link with or without the affiliate's knowledge.
4. In the giving of effect to this Agreement the Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.
a) Any form of spam will result in the affiliates account being placed under review and all funds due to the affiliate being withheld pending an investigation. If the VIKS Affiliates and/or its licensor incur expenses and/ or damages in dealing with spam generated mail or being blocked by third party internet service providers these same expenses and/ or damages will be deducted from the affiliates account should the VIKS.com and/or its licensor seek recourse against VIKS Affiliates. If this occurs, the amount of such expenses and/ or damages as determined by VIKS.com and/or its licensor will be deemed fair and final and acceptable to the affiliate. Should these expenses and/ or damages not be covered by funds in the affiliates account VIKS Affiliates has the right to investigate other alternative means for obtaining payment, for example: should the affiliate's account have generated purchasing accounts VIKS Affiliates will hold payment of commission for these accounts until such a time as the account for expenses and/ or damages has been cleared. Should the affiliate’s account not be active nor be generating profit through commission payments VIKS Affiliates shall have the right to demand payment from the affiliate.
b) Should the Affiliate require more information regarding VIKS Affiliates Spam policy, please contact VIKS Affiliates at firstname.lastname@example.org.
c) Should the Affiliate wish to report any incidences of spam, please contact VIKS Affiliates email@example.com.
5. When advertising to customers in Great Britain, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communications, particularly in relation to free bet and bonus offers do not amount to or involve misleading actions or misleading omissions. Marketing communications that include a promotion must provide as such information about significant conditions as practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement) significant conditions must be displayed no further than one click away from the advert itself. Examples of free bet or bonus offers which may not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence for example only visible once scrolled down; when clicked, advertising banners take a customer direct to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available 'below the fold' on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above requirements are applicable to all forms of marketing communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. All reasonable steps must be taken to ensure that customer-led limits are only increased at the customer's request, only after a cooling-off period of 24 hours has elapsed and only once the customer has taken positive action at the end of the cooling off period to confirm their request.
1. Except as otherwise provided in this agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this agreement, business information and technology concerning VIKS Affiliates or the affiliate, respectively, or any of VIKS Affiliates affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be used, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
2. During the term of this agreement, the affiliate may be entrusted with confidential information relating to the business, operations, or underlying technology of VIKS Affiliates (including, for example, commission earned by the affiliate under the affiliate program). The affiliate agrees to neither disclose nor allow unauthorized use of the confidential information by third persons or outside parties unless the affiliate has VIKS Affiliates prior written consent and that the affiliate will use the confidential information only for the purposes necessary to further the purposes of this agreement. The affiliate's obligations with respect to confidential information shall survive the termination of this agreement. An affiliate may not be a party (whether directly or indirectly) to any fraudulent activity.
3. Within 3 (three) months after the termination of this agreement, for whatever reason, the recipient of confidential information shall return same or at the discretion of the original owner thereof, destroy such confidential information, and shall not retain copies, samples or excerpts thereof.
1. The affiliate shall conform to any relevant data protection laws in the jurisdiction in which the affiliate is domiciled and any jurisdictions in which the affiliate operates.
1. The affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
2. It is recorded that some jurisdictions in which VIKS Affiliates operates have strict laws on money laundering that may impose an obligation upon VIKS Affiliates to report the affiliate to the federal or local authorities within such jurisdictions, if VIKS Affiliates knows, suspects or has reason to suspect that any transactions in which the affiliate is directly or indirectly involved, amongst other things, involves funds derived from illegal activities or intends to conceal funds derived from illegal activities or involve the use of the affiliate program or VIKS.com to facilitate criminal activity.
3. If VIKS Affiliates has any knowledge or suspicion envisaged above it may immediately suspend, deregister or terminate the affiliate's membership of the affiliate program;
4. VIKS Affiliates reserves the right to report the affiliate to the aforementioned federal or local authorities should VIKS Affiliates, at its absolute discretion, determine that it is obliged, by law, to do so.
a) The affiliate is restricted to one affiliate account only; exceptions for super affiliates and master affiliate programs shall be agreed on a case by case basis.
b) The affiliate shall not earn Commission on the Net Gaming Revenue and of any Second-tier Affiliate if, in the case that the affiliate is a juristic entity, they are the affiliate's employee, director, shareholder or agent or, in the case that the affiliate is a natural person, they are the affiliate's employee, agent or direct family member;
c) Shall not earn Commission on the Net Gaming Revenue on the affiliate's own Customer Account nor on the Customer Account/s of the affiliate's employees or immediate family members, relatives and friends and any other persons who lives in the same house hold as the affiliate.
d) If the affiliate or the affiliate's employees, family members or relatives or any party mentioned in 10.1. c) signs up as a Customer at VIKS.com, the affiliate shall not be entitled to earn commission on this account. Therefore the player account shall be set on 0% commission. VIKS Affiliates shall have the right to terminate this agreement if fraudulent intent is suspected.
2. Commission is calculated in general as a percentage (Revenue Share) of the Net Gaming Revenue generated by the affiliate’s players during one month, starting on the 1st of each month 0:00 am until last day of each month, 12:00 pm and shall be calculated for each VIKS Affiliates’ product. Net Gaming Revenue is: Gross Gaming Revenue (wager – payout) - Bonuses – Processing costs - Charge Back - Admin Fee (25% for platform fee, software fee, administration) – Gaming Tax UK VIKS Affiliates standard commission plan is based on Revenue Share on Net Gaming Revenue. The term ‘New Depositors’ refers any players making a first successful deposit. Individual commission plans and CPA and hybrid deals are subject to individual agreements and will be contracted case by case. Affiliate commission will be paid out the latest on the 10th working day of the following month. Minimum payout will be €50. If the commission of the previous month will not reach the minimum payout amount the commission will be carried over into the next month and payout will be arranged the first month after the minimum payout amount has been reached.
3.Charge backs shall be deducted from the Net Gaming Revenue. CPA shall not be paid for players who charge back and do not reach the qualification criteria for CPA after charge back.
4. VIKS Affiliates has and reserves the right to pass on any financial costs to the affiliate’s account that VIKS Affiliates may incur due to fraudulent activity by the affiliate, the affiliate's employees and/ or customers/ players whom the affiliate, has introduced to the VIKS Affiliates.
5. If VIKS Affiliates (in its sole discretion) determines that an affiliate is abusing their Commission Model so as to unfairly gain an advantage, VIKS Affiliates may withhold any Commissions due to such affiliate and change the affiliate's Commission Model to the Standard Commission Model.
6. VIKS Affiliates will process the Commission earned by the Affiliate in the previous calendar month by the tenth (10th) working day of the following month. VIKS Affiliates shall not be liable to the affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.
7. Payment shall be made by VIKS Affiliates to the affiliate by way of the method selected by the Affiliate on registration in €.
It is the affiliate’s sole responsibility and liability to provide VIKS Affiliates with a valid VAT registration number (or equivalent) in accordance to the jurisdiction’s legislative requirements of where the affiliate is resident or the business set up.
8 a) Affiliates based in Malta are responsible for issuing an invoice for release of payment. The affiliate invoice shall be sent to firstname.lastname@example.org and shall prevail the automated self-billed invoice generated by the software for affiliates. The amount presented on the invoice should reflect the same commission amount as per the records on the VIKS Affiliate software. In case of discrepancy the affiliate shall be required to re-issue the invoice with the correct amount due, and no payment shall be released unless this is rectified accordingly.
b) Affiliates based outside of Malta (other EU states and beyond) are not required to present VIKS Affiliates with an invoice as the automated self-billed invoice generated by the software for affiliates should suffice. If the affiliate still issues an invoice and it contradicts what is in the invoice issued by the system, the latter will always prevail. Affiliates shall have a timeframe of twenty-four (24) hours during which they are able to dispute the commission amount presented on the self-billed invoice. Unless the affiliate disputes such amount within the specified period, it shall be understood that the amount is correct and payment may be released accordingly.
1. This agreement can be terminated by VIKS Affiliates at any time should the affiliate fail to meet its obligations in accordance with this agreement.
2. Notice of termination shall be given in writing by either party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the agreement shall accordingly terminate with immediate effect.
3. All rights granted to the affiliate in this agreement shall immediately terminate. The affiliate must immediately remove any reference to VIKS Affiliates and VIKS.com and it’s products from its site and disable any links from its site to same. In particular, the affiliate shall immediately remove access to any derivative website established by it.
4. VIKS Affiliates may withhold the affiliate's final six monthly payments for up to three months each to ensure that the correct amount has been calculated and paid.
5. If VIKS Affiliates continues to permit activity (generation of revenue) from customers directed by the affiliate after termination, this shall not be construed to constitute a continuation or renewal of this agreement or a waiver of termination.
6. The affiliate will return to VIKS Affiliates any and all confidential information and/ or customer information, including all copies in the affiliates possession, custody and control and will cease all uses of any of the intellectual property. The affiliate will take immediate steps to transfer ownership to the VIKS Affiliates, of each derivative domain name established by the affiliate, at VIKS Affiliates cost, not exceeding that incurred by the affiliate on registering the derivative domain name.
7. The affiliate, VIKS Affiliates and VIKS.com and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this agreement. Termination will not exculpate the affiliate from any liability arising from any breach of this agreement that occurred prior to termination.
8. VIKS AFFILIATES MAY TERMINATE THIS AGREEMENT IF IT IS DETERMINED AT VIKS AFFILIATES’ SOLE DISCRETION THAT THE AFFILIATES SITE IS UNSUITABLE. Unsuitable sites include but are not limited to, those sites that are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote pornographic content or illegal activities, or violate intellectual property rights, or are otherwise considered by VIKS Affiliates to bring VIKS Affiliates or its VIKS.com into disrepute or prejudice the interests of VIKS Affiliates or VIKS.com in any way.
11.1 Sale of business
a) VIKS Affiliates recognizes that an affiliate may wish to sell his/ her/ its affiliate business to a third party. VIKS Affiliates requires an affiliate to recognize and respect that the personal qualities, probity and background of VIKS Affiliates affiliates is vital to VIKS Affiliates decision to accept a person as an affiliate of the affiliate program.
b) If an affiliate wishes to sell or otherwise dispose of the shares or assets of his/ her/ its affiliate 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 his/ her/ its affiliate business) the affiliate shall be required, prior to completing the sale, disposal or transfer, to:
bi) Give VIKS Affiliates no less than 10 (ten) days prior written notice of such intention, concurrently provide such details as VIKS Affiliates may request which shall include, but not be limited to, the selling affiliate's user name and full details of the intended purchaser (including their banking details and, if they are already an affiliate of the affiliate program, their affiliate ID) and furnish VIKS Affiliates with an irrevocable consent and authority to pay the selling affiliates commission, after the sale is completed, to the purchaser.
bii) Make the deed of sale subject to the suspense condition that VIKS Affiliates approve such buyer as an affiliate of the affiliate program and that such intended purchaser shall, subject to VIKS Affiliates consent (at VIKS Affiliates sole discretion) join the affiliate program.
biii) If VIKS Affiliates Affiliate Program rejects the intended buyer as an affiliate of the affiliate program and the selling affiliate nevertheless decides to proceed with the sale, VIKS Affiliates shall terminate this agreement insofar as it relates to the selling affiliate, the business sold and/ or the purchaser.
11.2 Death of affiliate
a) In the event of an affiliate's death, VIKS Affiliates shall require that the executor of the deceased affiliates estate (or similarly charged person) furnishes VIKS Affiliates with certified copies of their authority to act on the deceased affiliate's estate's behalf, the deceased affiliate's death certificate and proof of the deceased affiliate's beneficiaries' identities.
b) The affiliate hereby agrees that VIKS Affiliates shall be obliged to pay his/ her estate and/ or beneficiaries:
i) Only once VIKS Affiliates has received the information required in clause 11.2a above; and
ii) Any sums that may have accrued to the deceased affiliate as commission prior to his/ her death (or would otherwise accrue thereafter) for a period of 12 (twelve) months after his/ her death. The affiliate hereby waives (on his/ her behalf and on behalf of his/ her estate, heirs, beneficiaries, successors or assigns) any rights that he/ she (or they) may have to any further sums of money and/ or commission under this agreement.
1. The affiliate and VIKS Affiliates are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The affiliate shall have no authority to make or accept any offers or representations on VIKS Affiliates' behalf. The affiliate shall not make any statement, whether on the affiliate’s site or otherwise, that conflicts with this clause.
2. The affiliate will not be treated as an employee with respect to taxation, legislation, unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned code and acts.
3. The affiliate shall not make any claims, representations, or warranties in connection with VIKS Affiliates or its VIKS.com and the affiliate shall have no authority to, and shall not, bind VIKS Affiliates or its VIKS.com to any obligations outside of this agreement, unless agreed to in writing by either VIKS Affiliates or its VIKS.com.
1. The affiliate shall defend, indemnify, and hold VIKS Affiliates and its VIKS.com and their electronic cash 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, resulting from, arising out of, or in any way connected with:
a) Any breach by the affiliate of any warranty, representation, or agreement contained in this agreement;
b) The performance of the affiliates duties and obligations under this agreement;
c) The affiliates negligence; or
d) Any injury caused directly or indirectly by the affiliates negligent or intentional acts or omissions, or the unauthorized use of VIKS Affiliates' banners and link or this affiliate program.
2. Further, the affiliate will indemnify and hold VIKS Affiliates harmless from all claims, damages, and expenses (including, and without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the affiliate's site.
3. VIKS Affiliates makes no express or implied warranties or representations with respect to the affiliate program, VIKS Affiliates or commission payment arrangements (including, without limitation, their functionality, warranties of fitness, VIKS Affiliates ability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, VIKS Affiliates makes no representation that the operation of its site (including service and tracking) will be uninterrupted or error-free. VIKS Affiliates will not be liable for the consequences of any such interruptions or errors.
4. VIKS Affiliates will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this agreement or the affiliate program, even if it has been advised of the possibility of such damages. Further, VIKS Affiliates aggregate liability arising with respect to this agreement and the program shall not exceed the total commission paid or payable by VIKS Affiliates to the affiliate under this agreement. VIKS Affiliates obligations under this agreement do not constitute personal obligations of its directors, officers, consultants, agents or shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
1. This agreement will be governed by the laws of Malta, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Malta and the affiliate irrevocably consents to the jurisdiction of its courts.
2. Both parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this agreement.
3. The affiliate may not assign this agreement, by operation of law or otherwise, without VIKS Affiliates prior written consent. Subject to that restriction, this agreement will be binding on and enforceable against the affiliate and VIKS Affiliates and the affiliate's and VIKS Affiliates respective successors and assigns.
4. VIKS Affiliates failure to enforce the affiliates strict performance of any provision of this agreement will not constitute nor be construed as a waiver of VIKS Affiliates right to subsequently enforce such provision or any other provision of this agreement.
5. VIKS Affiliates rights and remedies hereunder shall be mutually exclusive, i.e., the exercise of one or more of the provisions of this agreement shall not preclude the exercise of any other provision. The affiliate acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this agreement and, in the event of a breach or threatened breach of any provision of this agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this agreement shall limit or affect any of VIKS Affiliates rights at law, or otherwise, for a breach or threatened breach of any provision of this agreement, it being the intent of this provision to make clear that VIKS Affiliates respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
6. Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
7. This agreement will stay in effect for so long as VIKS Affiliates makes this service available, unless this agreement is terminated prior thereto in terms of clause 12 above.
8. VIKS Affiliates may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this agreement or the commission schedule at any time and at VIKS Affiliates sole discretion, by posting a change notice or a new agreement on its site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available commissions, fee schedules, payment procedures, and referral program rules.
9. Any amendments, alterations, deletions, interlineations or additions to this agreement or the commission schedule shall be effective immediately upon notice, which may be provided to the affiliate via e-mail or by display on the VIKS Affiliates website (hereinafter, "notice"). The affiliate's use of the VIKS Affiliates website and/ or continued marketing of VIKS.com after such notice is given to the affiliate will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new agreement or commission schedule should this agreement or the commission schedule be replaced in its/ their entirety. Please review this agreement and the commission schedule periodically to ensure familiarity with its most current version.
10. No purported modifications, amendments, alterations, additions, deletions or interlineations of this agreement or the commission schedule by the affiliate are permitted or will be recognized by VIKS Affiliates. None of VIKS Affiliates employees, officers or agents may verbally alter, modify or waive any provision of this agreement or the commission schedule.
11. Where this agreement is translated into another language and an inconsistency occurs between the English terms and the translated terms, the English terms will be taken as correct and binding.