Stars Affiliate Club - Terms & Conditions
The Stars Affiliate Club Program Terms and Conditions set out below this notice (the ?Terms?)
legally binding contract that will govern the affiliate relationship between you and TSG Platforms
Limited (an associated entity within the group of companies that operates the PokerStars, BetStars,
Casino and/or Full Tilt websites and/or brands, including for and on behalf of REEL Italy Limited) once
approved your application to be a member of the Stars Affiliate Club Program. You should read these
carefully, taking particular care to ensure that you are capable of complying with all undertakings and
obligations before applying to join the Stars Affiliate Club Program and ensuring that you understand
have the ability to fulfil them all without exception. If you do not understand any part of them you
contact our affiliate relations team via the Stars Affiliate Club Program Site. If you do not agree with
part of these Terms, then you should not apply to join the Stars Affiliate Club Program.
Once we have accepted your application to join the Stars Affiliate Club Program you should print and
of these Terms and Conditions for your future reference as well as our email confirming our acceptance
application, your player referral tracker and marketing codes and your selected commission payment
revenue share commission or payment-per-referred player.
Stars Affiliate Club: Legally Binding Terms and Conditions
Who is Who in these Terms?
The following Terms and Conditions represent the legally binding agreement which will govern your
participation in our Stars Affiliate Club Program. We refer to these Terms and Conditions
as the ?Terms?.
References to ?we? or ?us? or "our" or
?TSG? are references to TSG Platforms Limited (Ireland) Ltd, a
company incorporated under the laws of the Republic of Ireland and whose details are set out in the Terms,
but also includes references to any other of our group companies who from time-to-time may be involved in
the operation of our "PokerStars", ?BetStars? ?PokerStars
Casino? and "Full Tilt" websites or brands.
References to ?you? or ?your? are references to you, the person who
applies to join the Stars Affiliate Club
Program and who agrees to these Terms.
How do I indicate my agreement to these Terms?
By ticking the "Accept" box during the registration process you are agreeing to these Terms
and ? subject
always to our acceptance of your Application Form - entering into a legally binding agreement with us on
these Terms. You should note that these Terms apply to you not just in the current form as set out below but
as we may change them from time to time in accordance with our rights to change the Terms as set out in the
Terms. You will be bound by ? and subject to ? any such changes.
Main Terms at a Glance: where do I find the relevant terms of my contract with you?
You should take care to read and understand all of the Terms because all of the Terms apply to your
membership of the Stars Affiliate Club Program. The table below, however, sets out a short
guide to where
many of the main terms can be found:
How do I join the program? Clause 2.1
How do I know that my application to join has been successful? Clause 2.2
What restrictions apply to what I can do? Clause 3.2
What restrictions apply to how I can market & promote Your Site(s)? Clause 3.4
What commission will you pay me and how? Clause 4
Do special rules apply to 'Home' games? Clause 6
How can either side terminate the relationship? Clause 10
Can these Terms be changed?
Yes - we reserve the right to change any provision of these Terms at any time at our sole discretion and
acting unilaterally without reference to you or your consent and without incurring any liability to you.
Except in the case of emergencies, such as cheating, fraud, piracy, mistakes in these Terms or other events
of an urgent nature, or beyond our control, we will use our reasonable endeavours to provide you with an
email notifying you of the changes at least fourteen (14) days prior to the date on which we intend them to
take effect, but where we do not do so any such changes will take effect upon the posting of the amended
Terms. You should monitor these Terms frequently to ensure that you are aware of and agree to the latest
version. You will be bound by all such changes and if you do not agree to be bound you should terminate your
membership of the Stars Affiliate Club Program in accordance with your right to do so as
set out in Clause 8
of these terms. This termination right is your only remedy in relation to any changes made by us to these
- Definitions used in these Terms?
- When used in these Terms each of the following words or phrases shall have the meanings set
below. Capitalised words and phrases that are not defined below (especially those relating
the calculation and payment of Commission) are defined in Clause 4 (Your Commission) below:
||means your point of contact at TSG in relation to the Stars Affiliate
Club Program, as notified by us to you from time-to-time.
||shall mean the Stars Affiliate Club Program application to join form available
or at such other URL
as may be designated by us from time to time.
||shall mean the site located at www.betstars.com together with all
other country TLDs from which we operate the BetStars branded
||shall mean a poker club established using Home Games.
||shall mean an internet user who establishes a Club.
||shall mean an internet user who is a member of a Club but is not the Club
|Combined Casino Sites
||shall mean collectively, the PS Casino Sites together with the FT Casino Sites.
||shall have the meaning given in Clause 4.2 below.
|Combined Poker Sites
||means collectively, the PS Sites together with the FT Poker Sites.
|Data Protection Legislation
||means all applicable data protection and privacy laws in force from time to time
in the United Kingdom, the Isle of Man and any other relevant jurisdiction,
including the General Data Protection Regulation ((EU) 2016/679)
Data Protection Act 2018; the Privacy and Electronic Communications Directive
2002/58/EC (as updated by Directive 2009/136/EC), the Privacy and Electronic
Communications Regulations 2003 (SI 2003/2426); the Unsolicited Communications
Regulations 2005; approved codes of conduct or approved certification mechanisms
issued by any relevant regulatory authority and any and all other legal and
regulatory requirements which apply to a party and relate to the processing,
privacy and use of personal data (including, without limitation, the privacy of
electronic communications), in each case as updated, amended, replaced or
superseded from time to time.
||shall mean the Affiliate Custom ID (otherwise known as ACID) allows affiliates to add an additional variable to their tracking URLs that the software will then pass back to the affiliate program in an agreed upon fashion and is then tracked and displayed in reports (ACID Report).
|FT Casino Sites
||shall mean www.fulltilt.com/casino/
together with all other country TLDs from which we operate the Full Tilt branded
|FT Poker Site(s)
||shall mean www.fulltilt.com together
with all other country TLDs from which we operate the Full Tilt branded sites:
||shall mean those regulatory authorities which have responsibility for the
government and regulation of gambling, for example the Gambling Commission of
Great Britain or the Isle of Man Gambling Supervision Commission and so on.
||shall mean us and all of our group of companies, including our subsidiary
companies and any holding company of ours, and any subsidiary of such holding
company, and includes all of the companies providing services under the branding
?PokerStars,? ?BetStars,? ?PokerStars Casino,? ?Full Tilt? or Trade Marks or
other additional brands and trade marks as may be included from time to time.
||shall mean the online poker service operated by the operator called "Home
Games," which is available via the PS Site(s).
||shall mean the photographs of Team PokerStars, Local Team Pros and Team Sports
Stars located on the webpage http://www.starsaffiliateclub.com
or provided to you by your Affiliate Manager.
|Intellectual Property Rights
||shall mean patents, rights to inventions, copyright and neighbouring and related
rights, moral rights, trade marks and service marks, business names and domain
names, rights in get-up and trade dress, goodwill and the right to sue for
passing off or unfair competition, rights in designs, rights in computer
software, database rights, rights to use, and protect the confidentiality of,
confidential information (including know-how and trade secrets), and all other
intellectual property rights, in each case whether registered or unregistered
and including all applications and rights to apply for and be granted, renewals
or extensions of, and rights to claim priority from, such rights and all similar
or equivalent rights or forms of protection which subsist or will subsist now or
in the future in any part of the world.
||shall mean the Trade Marks, Links, Marketing Codes and Images.
||shall mean the creatives, banners, text links and other links linking Your
Site(s) to Our Site(s) located on the webpage http://www.starsaffiliateclub.com
or provided to you by your Affiliate Manager.
||shall mean a ?promo? code for use by players for a specified promotion;
||shall mean collectively:
- the Betting Sites;
- the FT Casino Sites;
- the FT Poker Sites;
- the PS Casino Site; and
- the PS Sites.
||means any territory in which we do not accept players from time to time;
|PS Casino Site
||shall mean the site located at www.pokerstarscasino.com together
with all other country TLDs from which we operate the PokerStars Casino branded
||shall mean www.pokerstars.com together
with all other country TLD from which we operate PokerStars branded sites (to
the extent of poker only).
|Qualified FT Player
||shall mean an internet user without a prior User Account (or any other type of
user account) on any FT Poker Site or FT Casino Site who: (i) accesses the FT
Poker Site(s) or FT Casino Site directly through a Link and downloads and
installs the relevant client software; (ii) (with respect to CPA Commission
only) opens a new User Account; and (iii) either:
in respect of FT Poker Sites only
earns, by way of cash deposit into their User Account, the minimum number of
StarsCoin required by us, such minimum number of StarsCoin to be as notified to
you by us from time-to-time; or
in respect of FT Casino Site only
to the extent applicable and with respect to the CPA Commission, (aa) earns by
way of a cash deposit into their User Account, the minimum number of StarsCoin
required by us, such minimum number of StarsCoin to be as notified to you by us
from time to time; or (bb) achieves the minimum cash deposit or stakes the
minimum wagering requirement as may be notified to you by us from time to time
following the creation of the User Account.
||shall mean either a Qualified Stars Player or a Qualified FT Player as may be
|Qualified Stars Player
||shall mean an internet user without a prior User Account (or any other type of
user account) on any Stars Sites and who: (i) accesses the PS Site(s) directly
through a Link or enters a Marketing Code and downloads and installs the
relevant client software; (ii) opens a new User Account; and (iii) earns, by way
of cash deposit into their User Account, the minimum number of applicable
StarsCoin required by us, such minimum number of StarsCoin to be as notified to
you by us from time-to-time.
||shall have the meaning given in Clause 4.10 below.
||Multi-brand player rewards. These will be deducted from gross revenue when
calculating affiliate net-revenue for purposes of revenue share deals.
|Stars Affiliate Club Program
||shall mean the rights and obligations conferred upon you by these Terms once we
have accepted your Application Form and confirmed the same to you in writing.
|Stars Affiliate Club Program Site
||shall mean the site located at www.starsaffiliateclub.com or
such other URL as may be designated by us from time to time.
||shall mean an internet user with an account on the Stars Sites.
||means the following sites only:
- the Betting Site;
- the PS Casino Site; and
- the PS Sites.
||means any person that is engaged by, or otherwise contracts with, another person
(that has itself successfully joined the Stars Affiliate Club Program) to market
and promote Our Sites.
||means all forms of taxation and charges, duties, imposts, contributions, levies,
withholdings or liabilities wherever chargeable and whether of the Isle of Man,
or any other jurisdiction (including, for the avoidance of doubt, National
Insurance contributions or equivalent) and any penalty, fine, surcharge,
interest, charges or costs relating thereto.
||shall mean real money tournaments played on the Combined Poker Sites consisting
of hands played at tables where the chips wagered have no real value but instead
determine the amount paid out to players when the tournament ends based on
||shall mean the unique tracking hyperlink (URL) to Our Site(s) provided by us to
you for the purposes of tracking the number of successful User Accounts that are
opened and calculating the amount of applicable Commission due to you in
||means any trade mark, service mark, brand name, trade name, logo or sign used,
registered, or applied for by us or any member company or other entity of our
Group, including, but without limitation, the following:
PokerStars, PokerStars.com, PokerStars.net, European Poker
Tour (EPT), Latin
American Poker Tour (LAPT), Asia Pacific Poker Tour (APPT), Australia New
Zealand Poker Tour (ANZPT), North American Poker Tour (NAPT), PokerStars
Caribbean Adventure (PCA), PokerStars Players NL Hold'em Championship
(PSPC), BetStars, StarsWallet, Stars Top-up, K.O. Knockout Poker, Sports
Jackpots, UK & Ireland Poker Tour (UKIPT), Estrellas Poker Tour (ESPT),
Portugal Poker Series (PPS), France Poker Series (FPS), Ukrainian Poker Tour
(UPT), PokerStars Russian Poker Cup, Italian Poker Tour (IPT), World
Championship of Online Poker (WCOOP), PokerStars Sochi, Stars Group, World
Cup of Poker (WCP), Turbo Championship of Online Poker (TCOOP), Spring
Championship of Online Poker (SCOOP), Battleship Poker, World Championship
of Battleship Poker, PokerStars School, Sunday Million, Sunday Storm, Sunday
Storm, Duel by PokerStars, Home Games, Zoom, We are poker, Sunday Warm UP,
Asian Championship of Online Poker (ACOP), Nos Somos Poker, The Stars Group,
Full Tilt Poker, Full Tilt, FTP, Million Euro Challenge, MEC, FTOPS, Rush
Poker, Rush, Shark Cage, Spin & Go, Spin & Bet, StarsDraft, the PokerStars
'red spade' logo, PokerStars Casino, PokerStars Vegas, PokerStars Festival,
PokerStars Championship, the BetStars ?red ball? logo, the ?Red Dice? logo,
PokerStars MEGASTACK, PokerStars Power Up
||shall mean any know-how, trade secrets, marketing information, business plan,
customer lists, network clients list, suppliers' information, confidential
information or other related information concerning or relating to our
activities or those of any entity existing within our Group which is not in the
|TSG Personal Data
||shall mean any personal data that we may, from time to time, make available to
you at our discretion.
||shall mean a personal player account on one (1) of Our Sites that has been
opened in accordance with the applicable terms and conditions governing access
to and use of that Site.
||means those website(s) that are owned and/or controlled by you and which are
submitted by you in your Application Form as your websites that are to be
included in the Stars Affiliate Club Program.
- The headings of the individual clauses of these Terms are solely for the sake of convenience and
will not be taken into account in the interpretation of these Terms.
- Where the context requires, words in the singular shall include the plural and vice versa.
- A phrase introduced by the term ?including?, ?includes?,
?such as?, ?for example? or ?in
particular? means ?including without limitation? and shall not limit the sense of
preceding that term.
- A reference to any statute, statutory provision or statutory instrument includes a reference to
that statute, statutory provision or statutory instrument together with all rules and
regulations made under them and as from time to time amended, consolidated or re-enacted.
- How to join the Stars Affiliate Club Program
- What you must do to join.
In order to join the Stars Affiliate Club Program you must complete and send to us the
Application Form which is available at http://www.starsaffiliateclub.com. You
care to include in the Application Form all the information requested by the form: your
failure to do so may result in a delay in considering your application or our rejection of
- Our right to accept/reject your application.
We will review the Application Form that you send to us. We will then ? at our sole
discretion ? either: (i) accept your application; (ii) reject your application; or (iii)
request further information from you, reserving the right to accept or reject your
application at a future date. Please note that our acceptance or rejection of your
application is entirely at our discretion and we have no obligation to accept any
application nor shall we have any liability to you or anyone else in relation to any
applications that we choose to reject. If you wish to receive CPA Commission, we will agree
this with you prior to our acceptance of your Application Form and include it in the
acceptance confirmation that we send to you.
- Examples of unacceptable affiliate activities.
You should note that the reasons why we may reject your application (or terminate your
membership of the Stars Affiliate Club Program subsequently) could vary and may include,
without limitation, circumstances where: (a) you promote any prohibited content or illegal
sites; (b) we are advised by a regulatory authority to cease our relationship with you; (c)
we take the view that any of the content included on any of Your Site(s), the marketing
activities or practices undertaken by you or on your behalf and/or the nature of any third
party site through which you advertise any content on Your Site is unacceptable to us; (d)
where you fail to obtain or provide to us on our request any applicable licence as may be
required by a relevant authority, in order to promote a particular site or content offered
by such site in a given jurisdiction; or (e) in the absence of any necessary authorisation,
licence or permit, promote a site or display content from such site in any applicable
jurisdiction where such a site is not permitted to distribute, market or advertise its
products and services. The following are non-exhaustive examples of content that we consider
to be unacceptable: (i) content that is obscene or indecent, including for these purposes
sites that contain or display both so-called ?hard' and ?soft' adult content; (ii) content
that is discriminatory in any way, including on the basis of gender, race, religion,
disability or sexual orientation; (iii) content that is hostile or offensive, including
so-called ?hate speech' and threats or incitements to violence; (iv) content that fails to
respect the legal rights of others (including infringement of the Intellectual Property
Rights of others, such as file-sharing, torrent or pirate sites or other forms of
intellectual property piracy) or which is defamatory of others; (v) content promoting
illegal or unlicensed gambling sites to a regulated jurisdiction; and (vi) content that is
aimed at, targets or is likely to appeal to persons aged under 18, feature any persons who
are or who appear to be aged under 25, or promote irresponsible, compulsive or addictive
forms or modes of gambling.
- Successful applications: your engagement as a Stars Affiliate Club member
- Confirmation of your membership of the Stars Affiliate Club Program. Where we
application to join the Stars Affiliate Club Program the following shall apply:
- we will send you written confirmation (which may be by email) which will include: (a)
your Tracker and/or your Marketing Codes; and (b) confirmation of whether you will be
paid Revenue Share Commission or CPA Commission and if CPA Commission, how much that
- from the date of our written confirmation until such time as your membership of the
Stars Affiliate Club Program terminates (as described in Clause 10 of these Terms) you
will have the right to market and promote Our Site(s) on Your Site(s) solely - and only
- by placing Our Links or Marketing Codes on Your Site(s) and subject at all times to
all the rest of these Terms. For the avoidance of doubt, unless agreed otherwise in
writing with us, you are not granted any right to, and you agree not to:(a) make any amendments to the Links, Tracker or Marketing Codes (the foregoing shall not prevent you from changing the dynamic parameter portion of your Tracker or Link); (b) create or publish or otherwise disseminate any marketing materials advertising us or our services (including any creatives, banners, text links and other links linking Your Site(s) to Our Site(s)); or (c) send any SMS/text messages or emails or disseminate any other form of direct marketing advertising us or our services.
- Your rights and obligations as a member of the Stars Affiliate Club
Your right to take
part in the Stars Affiliate Club Program by marketing and promoting Our Site(s)
as described in
Clause 3.1 above is at all times subject to the following obligations, limitations and
restrictions, which you agree to perform and observe. Your breach or failure to perform or
observe any of them will entitle us to terminate your membership of the Stars Affiliate
Program immediately on written notice to you and without any liability to you or, at our sole
discretion, to require you to remedy your breach or failure pending which we may suspend your
rights under these Terms and withhold indefinitely any Commission due to you:
- Regulatory compliance: you agree to comply with all of the laws and
applicable to Your Site(s) and also with any laws and regulations applicable to Our
Site(s) which we may notify you of from time-to-time as being necessary for our
affiliates to comply with, in particular those which the terms of our gambling licenses
require us to pass through to our affiliates.
- Marketing compliance: you must fully comply with our most recent
in relation to the use of the Link(s) or Marketing Codes. These guidelines will be
posted on the Stars Affiliate Club Program Site. They may be amended
from time to time
by us at our sole discretion and you should therefore visit the Stars Affiliate
Program Site regularly so as to ensure that you are aware of, and in compliance with,
the latest version of these guidelines.
- Personal rights: the rights that we grant to you in these Terms are
personal to you. You
may not assign or sub-licence your rights and/or your obligations under these Terms, in
\whole or in part, to any third party. The Link(s) and the Marketing Code are provided
to you for use solely and exclusively by you on Your Site(s) on and subject to these
Terms and you agree that you will not provide them in any manner to any other person for
any manner of use by such other person.
- Non-exclusivity: the rights that we grant to you in these Terms are
non-exclusive and we
will grant identical or similar rights to our other TSG affiliates. You shall not claim
or hold yourself out to any third party as having any type of exclusivity in your
relationship with TSG or Our Site(s) at any time.
- No obligation on TSG to operate Our Site(s): You acknowledge and agree
whether in these Terms or anywhere else, shall in any way be construed as imposing any
obligation whatsoever on us (or any of our Group entities) to operate or continue to
operate Our Site(s), either at all or in relation to any particular markets, languages,
territories or products, and all of the business represented by Our Site(s) shall be
operated and managed (or not) by us and our Group entities in our sole discretion and
subject to our unilateral control at all times.
- Information provision: You agree to provide us with all such
information as we may
reasonably request for regulatory purposes, including as may be requested by us in
relation to any reports or information that we may wish or need to provide to any
- Your Site(s): You agree that you are solely responsible for the
and maintenance of Your Site(s) and for all materials that appear on Your Site(s) at any
time. You will ensure that no material appears at any time on Your Site(s) which results
or could result in Your Site(s) being confused with Our Site(s).
- Conflicts of interest: You will not market or promote Your Site(s) in
any way which
might compete with our and/or our Group?s own marketing efforts, unless you have
received prior written approval from us specifically permitting you to do so. By way of
example only, the following activities will be considered to be activities, which if
undertaken by you would compete with our Group?s own marketing efforts and which would
therefore be prohibited by this Clause 3.2.8:
and a breach by you of these provisions will constitute a breach of these Terms and we
will have the right to: (i) terminate these Terms immediately in the event of such
breach; and (ii) indefinitely withhold from you any Commission accrued to or for your
benefit through such competitive activities.
- (i) the placement of Link(s) on any internet sites on which our Group places
advertisements for Our Site(s);
- (ii) placement of a Link on any internet site other than Your Site(s); and
- (iii) the promotion of the Our Site(s) by you by way of keyword advertising with
internet search engines;
- No representation. You may not hold yourself out to be, or to
represent, any of us or
any Group entity of ours or our or its agents, employees or professional poker players,
in any forum including any social networking site.
- Money laundering, counter terrorism financing and due diligence. You agree,
upon our request, to
submit to us copies of such personal documentation (for example a copy of your passport or other
government issued identification) or (if you are a company) such corporate documents as we may
specify in order to permit us to complete our customer and business due diligence obligations in
accordance with applicable counter-terrorism, anti-money laundering laws, and regulations from
time to time in force.
- Marketing and promotion.
- Use of Link(s)/Marketing Codes. You agree to place the Link(s) or
Marketing Codes on Your Site(s) and to ensure that the Link(s) is/are properly formatted
at all times. You will not create any link from Your Site(s) to our Site(s) other than
the Link(s) without our prior written consent nor will you modify any of the Link(s)
without our prior written approval.
- Banners. You will only place banners forming part of the Link(s) on
Site(s) by linking to the banner server made available by us from time-to-time for this
purpose and you will employ no other means without our prior written approval.
- TSG goodwill and reputation. You acknowledge that the placement of the
Link(s) on Your Site(s) and your conduct as an affiliate has the potential to inflict
substantial damage to the Trade Marks and to the reputation and goodwill of us and our
Group and that you will at all times act in a manner that will not harm such Trade
Marks, goodwill and reputation.
- Good practice. You will use your best efforts to promote Our Site(s) in
a manner that is consistent with good business ethics and which does not reflect
adversely upon our name, image or reputation and that of our Group and brands
"PokerStars", "BetStars", "PokerStars Casino" and "Full Tilt".
- Prohibited Jurisdictions. You will not, nor will any person on your
behalf or with your permission or authority, explicit or implied, market or promote Our
Site(s) to residents of the Prohibited Jurisdictions and no resident of any Prohibited
Jurisdiction shall be permitted to become a Qualified Player.
- Territorial licensing restrictions: In conducting your marketing and
promotional activities under these Terms you will comply with any jurisdictional
limitation applying to Our Site(s) which are imposed under the various gambling
licence(s) applicable Our Site(s), including only marketing any of Our Site(s) which are
targeted at and licensed by a particular jurisdiction to the residents of that
- Compliance with our instructions. You agree to comply with all
reasonable instructions received from us in relation to your activities in marketing and
promoting Our Site(s) including, without limitation, any instruction received from us
requesting you to post on Your Site(s) information regarding new features and promotions
on Our Site(s) and any instructions such as style guidelines that we may issue in
relation to the Licensed Materials generally.
- No incentivisation of players. You agree that without our prior written
approval you will neither offer nor provide incentives (financial or otherwise) to any
Qualified Players or any potential Qualified Players.
- Advertising self-regulation. You will ensure that Your Site is fully
compliant with and adheres to all applicable legislation with respect to any marketing
and/or advertising activity carried out by you (or by third parties on your behalf) for
or in relation to Your Site. Where you publish on any of Your Site(s) any advertising
for Our Site(s) which is either: (i) intended to come to the attention of persons in
Great Britain; or (ii) likely to come to the attention of such persons, you will ensure
that such advertising is socially responsible generally and in particular complies with:
- (a) the UK Code of Non-broadcast Advertising, Sales Promotion and Direct
Marketing (CAP Code) at:
http://www.cap.org.uk/Advertising-Codes/Non-Broadcast.aspx and in particular
(but without limitation) Section 16 concerned with gambling, and for these
purposes, the term 'advertising' shall have the meaning attributed to it by
Section 327 of the British Gambling Act 2005;
- (b) all applicable guidance published by the Committee of Advertising Practice
(CAP) and/or the Advertising Standards Authority on the website accessible at
https://www.asa.org.uk/ from time to time in relation to the advertising and
marketing of gambling;
- (c) the Gambling Commission of Great Britain?s Licence Conditions and Codes of
Practice (LCCP) and particularly the requirements of: (aa) Section 16 of Part 1
(Responsible placement of digital adverts) ensuring advertisements are not
placed on websites which provide unauthorised access to copyrighted content; and
(bb) Section 5 of Part 2 (Marketing) of the LCCP from time to time;
- (d) the licensing conditions set out in Section 1 of the UK Gambling Act 2005,
being the prevention of gambling from being a source of crime or disorder, being
associated with crime or disorder or being used to support crime, ensuring that
gambling is conducted in a fair and open way, and protecting children and other
vulnerable persons from being harmed or exploited by gambling; and
- (e) all applicable laws and regulations related to gambling. In complying with
the above, you agree that your advertising will not target or be likely to
appeal to persons aged under 18, feature any persons who are or who appear to be
aged under 25, or promote irresponsible, compulsive or addictive forms or modes
of gambling and will at all times, if applicable, feature an ?18+? logo and a
link to such appropriate problem gambling care organisation (such as
www.begambleaware.org) as we may require. For the avoidance of doubt, we shall
have the right to terminate these Terms on written notice and without any
liability to you if, in our reasonable opinion, you are breach of the
obligations set out in this Clause.
- Affiliate Networks and Sub-Affiliates
- These Terms do not grant you the right to assign or sub-license your rights and/or
subcontract your obligations to any Sub-Affiliates, whether via an affiliate network
that you operate or otherwise.
- You may only operate a Sub-Affiliate network, or enter into any other arrangement with a
Sub-Affiliate, whereby a Sub-Affiliate(s) promotes Our Sites in return for a share of
your Commission, with our prior written consent. When seeking our consent, you must
identify each Sub-Affiliate and the websites that they intend to promote Our Sites on
(each a ?Designated Sub-Affiliate Site?). We shall approve or reject your request for
consent at our sole discretion and may consent to certain Sub-Affiliates but not others,
or certain Designated Sub-Affiliate Sites but not others.
- If we consent to you operating a Sub-Affiliate network, or entering into any other
arrangement with a Sub-Affiliate, you shall procure that all such approved
Sub-Affiliate(s): (a) only advertise Our Sites on the approved Designated Sub-Affiliate
Sites; and (b) comply with these Terms at all times. In the event that a Sub-Affiliate
undertakes any act or omission that is non-compliant or in-consistent with, or breaches,
these Terms (or advertises Our Sites on any websites other than the approved Designated
Sub-Affiliate Sites) you shall be fully liable to us and we may: (i) terminate these
Terms and your membership of the Stars Affiliate Club Program immediately; (ii) at our
option indefinitely withhold from you any Commission accrued to your benefit; and/or
(iii) require that you procure that the relevant Sub-Affiliate remedies the relevant
breach or inconsistency.
- If you engage and Sub-Affiliate(s) to promote Our Sites, you acknowledge and agree that:
(a) you shall be responsible for the payment of any agreed proportion of your Commission
to the Sub-Affiliate; and (b) we shall have no liability to pay any amounts to the
- Your Commission
- In this Clause 4, the following defined words and phrases shall mean as set out below:
||shall mean, with respect to wagers made on the Betting Site only, the aggregate
of, as applicable: (i) Fair Value Adjustments, (ii) bonuses or promotional
amounts given to the player, (iii) uncollectable revenues (including any
charge-backs, payment reversals etc); (iv) a fixed cost representing the average
redeem value of the StarsCoin and all bonus costs as designated by us, in
relation to each StarsCoin earned by a player on the applicable Betting Site;
(v) a fixed amount for legal, branding and operational expenditure as well as
regulatory compliance and associated administrative costs; (vi) applicable local
taxes payable by us or our relevant Group entity at the rate in force on the
date of due payment (which shall include but not be limited to gaming taxes
and/or value added tax); and (vii) reasonable payment processing services
charges that are paid to third parties in respect of the player's deposits and
|Betting Gross Revenue
||shall mean all Qualified Stars Player Wagers on the Betting Site less Winnings.
||shall mean, with respect to casino games available on the Combined Casino Site ,
the aggregate of: (i) Fair Value Adjustments, (ii) bonuses or promotional
amounts given to the player, (iii) uncollectable revenues (including any
charge-backs, payment reversals etc), (iv) a fixed cost representing the average
redeem value of, as applicable, each StarsCoin and all bonus costs, as
designated by us, in relation to each StarsCoin earned by a player on the
applicable Casino Site; (v) a fixed amount for legal, branding and operational
expenditure as well as regulatory compliance and associated administrative
costs; (vi) applicable local taxes payable by us or our relevant Group entity at
the rate in force on the date of due payment (which shall include but not be
limited to gaming taxes and/or value added tax); and (vii) reasonable payment
processing services charges that are paid to third parties in respect of the
player's deposits and withdrawals.
||shall have the meaning given in clause 4.2 below;
||shall mean a one-off payment for each Qualified Player registered by us on Our
Sites in any calendar month, the amount to be agreed by you and us as a
condition to our acceptance of your Application Form.
|Fair Value Adjustments
||shall mean adjustments relating to: (i) the casino games available on the
Combined Casino Sites; or (ii) the wagers made on the Betting Site, including as
a result of: (a) any taxation, levy or similar mandatory payments levied or
charged on turnover, deposit or similarly driven by player activity or activity
volume, and (b) jackpots insurance contribution, where applicable, or similar
adjustments as required such that any entitlement hereunder to any Revenue Share
Commission shall be applied to the free amount available for apportionment after
|FT Gross Casino Revenue
||shall mean a Qualified FT Player's Wagers on the FT Casino Sites less Winnings.
|FT Gross Poker Revenue
||shall mean a Qualified FT Player's Ring Game Gross Revenue and Tournament Gross
Revenue generated from the FT Poker Sites(s).
|FT Gross Revenue
||shall mean the aggregate of FT Gross Poker Revenue and FT Gross Casino Revenue.
||shall mean, with respect to poker games (whether ring games or tournaments) on
the Combined Poker Sites, the aggregate of: (i) freerolls, (ii) bonuses or
promotional amounts given to the player, including StarsCoin. (iii)
uncollectible revenues (including any charge-backs, payment reversals etc. (iv)
applicable local taxes payable by us or our relevant Group entity at the rate in
force on the date of due payment (which shall include but not be limited to
gaming taxes and value added tax; (v) a fixed amount for legal, branding and
operational expenditure as well as regulatory compliance and associated
administrative costs; and/or (vi) reasonable payment processing services charges
that are paid by us to third parties in respect of the player's deposits and
||shall mean the central fund/pot containing all players? wagers during each ?real
money? game of poker on the Combined Poker Sites.
|PS Casino Gross Revenue
||shall mean, a Qualified Stars Player's Wagers on the PS Casino Site less
|PS Gross Poker Revenue
||shall mean the aggregate of a Qualified Stars Player?s Ring Game Gross Revenue
and Tournament Gross Revenue generated from the PS Site(s).
||shall mean the proportion retained by or on behalf of us or any of our Group
entities from the Pot.
|Revenue Share Commission
||shall mean, as applicable, that percentage of:
in any calendar month as is from time-to-time published on the relevant page(s)
of the Stars Affiliate Club Program Site.
- (a) PS Gross Poker Revenue less Poker Expenses; or
- (b) FT Gross Poker Revenue less Poker Expenses; or
- (c) Betting Gross Revenue less Betting Expenses; or
- (d) PS Casino Gross Revenue less Casino Expenses attributable to the PS
Casino Site only; or
- (e) FT Casino Gross Revenue less Casino Expenses attributable to the FT
Casino Sites only,
|Ring Game Hand
||shall mean those hands played at tables where the chips wagered represent fixed
amounts of player funds that are purchased with player funds when the player
begins play and redeemed at the same rate at the end of play.
|Ring Game Gross Revenue
||shall mean the sum total of a Qualified Player's contributions to Rakes in a
Ring Game Hand while playing on software downloadable from Our Site(s). Any
Qualified Player's contribution to a Rake shall be determined by dividing the
total amount that a Qualified Player has contributed to the Pot in any Ring Game
Hand by the size of the Pot (provided that, in circumstances where the Rake is
capped once the size of the Pot equals a designated threshold, the size of the
Pot for the purposes of calculating the contribution to the Rake shall be the
size of the Pot when the designated threshold has been reached, regardless of
the actual size of the Pot) in that Ring Game Hand and multiplying it by the
total Rake taken from that Pot in that Ring Game Hand regardless of the number
of players dealt in such Ring Game Hand.
||shall mean, for each of Our Site(s) on a per-Site basis and in accordance with
- (i) US$50 (fifty US dollars) where your chosen option to receive your
Commission, is via WebMoney or Skrill only; or,
- (ii) US$150 (one hundred and fifty US Dollars) where your chosen option
to receive your Commission is via wire transfer; or
- (iii) the British Pound or Euro equivalent of the amount in (ii) above
as of the date of payment of the Commission.
||shall mean the fees retained by or on behalf of us or our Group entities from
the "buy-ins" paid by Qualified Players registering for a Tournament.
|Tournament Gross Revenue
||shall mean the sum total of the Tournament Fees paid by a Qualified Player while
playing in Tournaments on software downloadable from Our Site(s).
||shall mean the total amounts wagered (i) on all casino games on the applicable
Combined Casino Site(s); or (ii) on the Betting Site by a Qualified Player.
||shall mean the total amounts of winnings paid out to a Qualified Player from:
(i) a casino game on the applicable Combined Casino Site; or (ii) any Wagers on
the Betting Site.
- Right to Commission. Subject to your compliance with these Terms and in particular to Clause 4.3 below, we will pay you a commission which shall consist of one or more of the following: (i) CPA Commission; (ii) Revenue Share Commission; and/or (iii) such other agreed form of commission (which may, at our discretion, include a fixed payment, a hybrid amount, tenancy charge, Cost Per Thousand (CPM), Cost Per Click (CPC), Cost Per Lead (CPL), and Cost Per Install (CPI)), in each case as we confirm to you when we confirm our acceptance of your Application Form to join the Stars Affiliate Club Program (the
You agree that:
- (a) if the form of Commission that you receive from us is Revenue Share Commission, you
will generate a minimum of one (1) Qualified Player for each of Our Site(s) which you
market pursuant to these Terms for each consecutive period of ninety (90) days
commencing on the date upon which we confirmed our acceptance of your Application Form
to join the Stars Affiliate Club Program;
- (b)if the form of Commission that you receive from us is Revenue Share Commission (or a form of Commission that includes Revenue Share Commission in part) and in any one month the base amount on which the Revenue Share Commission is calculated (being: (a) PS Gross Poker Revenue less Poker Expenses; (b) FT Gross Poker Revenue less Poker Expenses; or (c) Betting Gross Revenue less Betting Expenses; (d) PS Casino Gross Revenue less Casino Expenses attributable to the PS Casino Site only; or (e) FT Casino Gross Revenue less Casino Expenses attributable to the FT Casino Sites only) is negative, no Revenue Share Commission shall be payable for such month and the negative amount shall be carried forwards to the next month and (to the extent necessary) subsequent months and set off against the base amount for the purposes of calculating the Revenue Share Commission due for such following month or subsequent month(s).
- (c) if you are designated by us as marketing the Combined Poker Sites, any Revenue Share
Commission due to you will be based a Qualified Player?s poker activity on the Combined
Poker Sites and you will not, for the avoidance of doubt, receive any Revenue Share
Commission in respect of: (a) any non-Poker activity undertaken by the Qualified Player
on our Combined Poker Sites; or (b) any activity undertaken by the Qualified Player
whatsoever on any other of Our Sites);
- (d) if you are designated by us as marketing the Betting Site, any Revenue Share Commission due to you shall be based on a Qualified Player?s activity on all of Our Sites; and
- (e) if you are designated by us as marketing the Combined Casino Sites, any Revenue Share Commission due to you shall be based on a Qualified Player?s activity on all of Our Sites.
Please note the provisions of Clause 10.9 below which makes clear that your right to receive
Commission ceases when these Terms are terminated or come to an end.
Without limiting our other rights and remedies, you will not be entitled to receive any
Commission where we have reasonable grounds to believe that the relevant services,
activities or marketing which would have otherwise resulted in such Commission being payable
were carried out in a manner which was not in accordance with legal or regulatory
requirements or these Terms.
- IMPORTANT: Duration of your right to be paid Commission.
- will (in relation to both CPA Commission and Revenue Share Commission) only start to be
paid to you in relation to any one (1) of Our Site(s) until such time as the Commission
generated in respect of that individual Site equals or exceeds the Threshold Commission
applicable to that individual Site; and
- will (in the case of Revenue Share Commission) cease to be payable in respect of each
Qualified PS Player on that date which is twenty-four (24) months after the date on
which that internet user first opened a User Account as part of the process of becoming
a Qualified PS Player. For example, if the player opened a User Account on July 1st 2015
and completed all necessary criteria to become a Qualified PS Player thereinafter,
Revenue Share Commission will be payable in respect of that player for the period up to
and ending upon June 30th 2017 but will cease permanently upon that date and not be
payable thereafter; and
- will cease to be payable on the date when these Terms are terminated and come to an end
even if that date is within the two (2)-year period referred to above.
- Existing Users. You will not be entitled to receive any Commission for a new
User Account opened
through a personal computer or mobile device (including, without limitation, a desktop computer,
portable computer, cellular phone, PDA, tablet, or any other type of cellular device now
existing or devised in future) (each, a "Device"), if an User Account has previously been opened
through use of that Device (unless such new User Account was on a PS Site and the existing User
Account was on a FT Site, or vice versa) regardless of whether you are entitled to receive
Commission for the User Account opened previously using that Device.
- Professional Players. In the event that any one (1) or more Qualified Players
are selected to
become a member of the "Team PokerStars: Pro", "Team PokerStars: Online" or "Full Tilt Poker
Professionals", you acknowledge and agree that with effect from the first day of the calendar
month falling immediately after the date of such selection, the relevant Qualified Player(s)
shall cease to be tracked by us as having been referred by you and you will no longer be
entitled to receive any Commission in respect of such Qualified Player.
- Non-qualifying players. You acknowledge and agree that:
- the following individuals may not and will not qualify as Qualified Players:
- (i) close family members of yours and other members of the same household as
- (ii) employees of and consultants contracted on a permanent basis to you; and
- you may not and will not sign up for a User Account using the Link(s) or Marketing Codes
and may not in your personal capacity qualify as a Qualified Player.
- Casino Commission. For the avoidance of doubt, for the purposes of calculating
any Revenue Share
Commission, the FT Gross Revenue will only include FT Gross Casino Revenue generated by players
who became Qualified FT Players on or after the date on which casino games were made available
on the Casino Sites for real-money play by the public in the jurisdiction where that player is
physically present. For the avoidance of doubt you should note that no Commission is payable on
any PokerStars casino sites or domains.
- Calculation and payment of Commission. The Commission will be calculated and
paid as follows:
- Use of Trackers & Marketing Codes. In order to calculate the Commission
due to you, we
will use the Trackers and/or Marketing Codes provided by us and as used by you. You must
use these correctly and in accordance with any instructions that we give you and we will
have no obligation to pay you any Commission if you fail to use the Trackers and/or
Marketing Codes, or use them incorrectly or in a manner contrary to our instructions
from time-to-time. Note that our calculation of Commission is based on registrations
that are tracked through the Trackers and/or Marketing Codes and may not reflect results
from other tracking tools (such as but not limited to pixel tracking) that may be in
- Our calculations are final. You agree that our measurements and
calculations in relation
to the calculation and payment of Commission shall be final and not subject to review or
appeal, save in the case of manifest error.
- Accounting periods. We will account to you for the Commission due to
you on a
per-calendar month basis and pay you the Commission due in respect of any calendar month
no later than thirty-one (31) days after the end of the calendar month in which the
Commission arose. For example, the Commission due to you in relation to the calendar
month of June 2015 will be paid to you no later than 31st July 2015.
- Method of payment. You may choose the method of payment to receive your
through the Stars Affiliate Club site and this will determine how it will be paid to you
each month (subject to attaining the requisite Threshold Commission level). You hereby
acknowledge and consent to us using the personal information you supply to us to carry
out all necessary due diligence checks on you as may be required by applicable law.
- Fraud. We retain the right to review all Commission for possible fraud on your
part or on the
part of any Qualified Player. In the event that we reasonably consider that fraud has occurred
in relation to the generation of any Commission, we shall be entitled to withhold such
Commission or set-off an appropriate amount from future payments of Commission. For the purpose
of these Terms the term "fraud" shall include, but shall not be limited to, actual or attempted:
(i) chargeback by a Qualified Player in relation to their initial deposit, (ii) collusion on the
part of the Qualified Player with any other player on Our Site(s); (iii) you or any third party
offering or providing any unauthorized incentive (financial or otherwise) to potential Qualified
Players (including, without limitation, the sharing by you of any Commission earned by you
through your promotion of Home Games); or (iv) the creation by Qualified Players of multiple
user accounts in order to abuse promotions or bonuses on offer to players.
- Referral of Affiliates. From time to time, we may agree to pay you additional
Fees?) if you refer another affiliate (each a ?Referred Affiliate?) to the Stars Affiliate Club
Program. If we, in our sole discretion, agree to do so, a Referral Fee shall only be payable by
us to you: (a) if you notify us in advance of the identity of the Referred Affiliate, (b) the
Referred Affiliate is referred via the Tracker; and (c) the Referred Affiliate completes and
sends and Application Form and has their application accepted by us. Unless agreed otherwise,
the amount of the Referral Fee payable to you shall be a percentage of the base amount (being
revenues less expenses) on which the Revenue Share Commission (as such defined term applies to
the Referred Affiliate under the Terms and Conditions as apply to such Referred Affiliate)
payable to the Referral Affiliate is calculated (the ?Referred Affiliate Player Revenues?).
Unless agreed otherwise, the Referral Fee payable to you shall be 2.5% of the Referred Affiliate
Player Revenues in each calendar month. All Referral Fees shall be paid at the same time and by
the same method as the payment of your Commission. If at any time the Referred Affiliate ceases
to be a member of the Stars Affiliate Club Program (for whatever reason), we shall no longer be
liable to you for any Referral Fees in respect of the Referred Affiliate. If the Referred
Affiliate breaches these Terms in any way at any time, we may withhold the payment of the
Referral Fee to you at our sole discretion.
- Your Representations and Warranties
- You represent, warrant and undertake to us and to the other entities comprising our Group as
- that you have the ability, experience, expertise and resources to perform all of your
obligations as set out in these Terms;
- that at no time will any of Your Site(s) contain, or link to, content that : (i) is
obscene or indecent, including for these purposes both so-called ?hard' and ?soft' adult
content; (ii) is discriminatory, including on the basis of gender, race, religion,
disability or sexual orientation; (iii) is hostile or offensive, including so-called
?hate speech' and threats or incitements to violence; (iv) fails to respect the legal
rights of others, including infringements of the intellectual property rights or others
such as file-sharing torrent or pirate sites or other forms of piracy; (v) is defamatory
of others; or (vi) is aimed at, targets or is likely to appeal to persons aged under 18,
feature any persons who are or who appear to be aged under 25, or promote irresponsible,
compulsive or addictive forms or modes of gambling;
- that there is no legal, commercial, contractual or other restriction, which precludes or
might preclude you from fully performing your obligations as set out in these Terms and
that if there should, at any time occur anything to prevent you from wholly fulfilling
your obligations hereunder, you will notify us immediately and we shall be entitled to
terminate these Terms by immediate notice, without advance warning and without the
requirement to make any further payments to you following such termination; and
- that you have evaluated the laws (and in particular all laws relating to the promotion
of remote gambling) relating to your activities and obligations as envisaged and set out
in these Terms and have concluded that you can enter into these Terms and fulfil your
obligation as set out in them without violating any applicable rule of law.
- you have complied and will continue to comply throughout the duration of your
participation in the Stars Affiliate Club Program, with all applicable tax obligations
and duties (such as but not limited to payments, returns and filings) that concern or
relate to any and all amounts paid to you by us pursuant to these Terms.
- Your Site(s) will include all statements, and notices required to be displayed by
applicable law and regulations. For the avoidance of doubt, this shall include the
display of ?18+? messaging and responsible gambling messaging.
- Home Games
- Home Games enable players to invite friends and close community members to play poker and other
games regardless of where they are in the world. Players can choose to compete in ring games and
tournaments using Home Games, across a huge variety of poker variants allowing that player to
experience the convenience, competition and fun in playing online games with people they know.
Any use by you of Home Games should contribute to and be consistent with this philosophy of Home
Games. Player data, rankings, club statistics and many other game results ("Data Tools") are
provided via Home Games, all with the sole aim of furthering the user's social and competitive
experience amongst friends or close community members. None of the Data Tools nor any
information derived from such Data Tools may be used or provided to any Club Manager, Club
Member or other third party for any financial benefit. We reserve the right, if we find or
suspect any abuse of the philosophy of Home Games or that any Data Tool, or information derived
from any Data Tool, is being used by you or has been used by you for any financial benefit, to
suspend your use of Home Games and/or to close the related Club at any time, in our sole
- You are hereby granted the limited, non-exclusive, non-transferable right to market and promote
Home Games by placing the Marketing Codes and/or Links on Your Site(s) as part of the licence
granted pursuant to Clause 3.1 above. Your right to use Home Games as granted by this Clause 6
is however revocable by us at any time at our sole discretion and subject to any further
conditions and/or limitations that we may from time to time stipulate at our sole discretion,
such as, but not limited to, a limitation on the number or percentage of Members linked to you
via a Tracker in any Club.
- You are permitted to invite the users of Your Site(s), including via email communication, to
become a Club Manager and to include in such invitation your Marketing Code and/or Link HOWEVER
it is strictly prohibited for any third party, including, without limitation, users of Your
Site(s) and any Club Manager or any Club Member, to invite potential Members to a Club by use of
the Link and/or the Marketing Code supplied to you under these Terms.
- You are strictly prohibited from including any Marketing Code and/or Link supplied to you
hereunder, or any inducement whatsoever, in any invitation sent by you to any third party,
including, without limitation, users of Your Site(s), to become a Club Member of a Club
established by you.
- You are prohibited from requesting any third party including, without limitation, users of Your
Site(s), to invite potential Members to a Club by use of the Link and/or the Marketing Code
supplied to you under these Terms.
- ou are prohibited from offering or providing (or procuring that any third party offers or
provides) any incentive in any form whatsoever (explicit or implicit, financial or otherwise)
via email, website publication or via any other media (online or offline) to any third party
through your use of Home Games including the sharing by you of any Commission earned by you
through your use of Home Games.
- You are prohibited from using Home Games in any way which is an abuse of the product (including
using it in order to increase Commission otherwise payable to you).
- In the event that you are found to have breached this Clause 6 or to be taking any action in
order to circumvent the prohibitions contained herein, we reserve the right to take any action
we deem fit including, the closing of any relevant Club and/or the termination of these Terms,
at our sole discretion.
- Intellectual Property Rights
- For the sole purpose of your exercise of your rights and performance of your obligations set out
in these Terms hereunder and for the term set out in Clause 10.1 below, we grant you a limited,
non-exclusive, non-transferable and revocable license to use: (i) the Trade Marks solely in
connection with the placing of the Link(s) and Marketing Codes on Your Site(s); and (ii) the
Images on Your Site(s) for the purpose of promoting our Site(s). You are not authorised to
modify or amend any of these Licensed Materials but you may re-size the Licensed Materials if
you maintain the original ratios. This license may not be sub-licensed, assigned or otherwise
transferred by you in any manner.
- In relation to the Licensed Materials, you are not authorised to do the following without first
obtaining our permission in writing:
- register or apply to register a domain name; or
- bid on any internet search engine for a search term; or
- use any sub-domain name; or
- open or operate any social media account which uses any name, logo or trade mark; or
- register or apply to register any trade mark in any jurisdiction; which includes,
incorporates or consists of, or is confusingly similar to, the Trade Marks.
- In respect of any matter to which Clause 7.2 above applies, you will inform us:
- at the commencement of these Terms of any such matters which have arisen prior to the
commencement of these Terms; and
- immediately of any such matters which arise after commencement of these Terms.
In all cases you will be required and you hereby agree to transfer the domain name, search
term, sub-domain name or Trade Mark (as the case may be) or the benefit of any application
for them, free of charge, to any company we nominate. Until the relevant domain name, search
term, sub-domain name or Trade Mark or application for the same is transferred to our
nominated company, you will hold that asset for and on behalf of us (or any nominated
company in our sole discretion) wholly and exclusively and you will not allow the relevant
registration (or application) to lapse but will instead maintain it in accordance with our
directions. YOUR OBLIGATION TO TRANSFER INTELLECTUAL PROPERTY ASSETS REGISTERED OR APPLIED
TO BE REGISTERED AS ENVISAGED IN CLAUSE 7.2 EXTENDS TO INTELLECTUAL PROPERTY ASSETS
REGISTERED OR APPLIED TO BE REGISTERED PRIOR TO THE DATE UPON WHICH THESE TERMS TAKE LEGAL
EFFECT BETWEEN US. We may, at our sole discretion, withhold all Commission payments that may
be due to you until the relevant intellectual property is vested in our nominated company to
- You hereby acknowledge that all information relating to all of the Qualified Players (including
all personal data, as that term is defined in Section 1 of the Data Protection Act 2002) is our
exclusive and sole property and that you have and shall have no rights therein whatsoever.
- We and each and every one of our Group entities reserve all of our intellectual property rights
in the Licensed Materials and Trade Secrets. You will not assert the invalidity,
unenforceability or contest the ownership of the Licensed Materials or Trade Secrets in any
action or proceeding whatsoever and shall not take any action that may prejudice any Group
entity's rights in the Licensed Materials or in the Trade Secrets.
- Nothing herein shall be considered or understood to be a transfer by us or any Group entity of
ours to you of any rights whatsoever in the Licensed Materials or Trade Secrets or any other of
our or their intellectual property rights whatsoever. All goodwill in the Licensed Materials
generated as a result of your use of the Licensed Materials (and in particular the Trade Marks)
under these Terms shall belong to us and you agree to execute any document necessary to transfer
such goodwill to us.
- Status and Taxes
- The relationship between the Affiliate and TSG will be that of independent contractor and
nothing in this Agreement shall render the Affiliate an employee, agent or partner of TSG or any
Associate or be deemed to create any such relationship between the Affiliate and TSG .
Furthermore, the Affiliate shall not hold himself/herself out as having any such relationship
with TSG .
- You shall be solely responsible for the payment of any income or similar taxes or related
payments imposed or levied by any applicable jurisdiction or any governmental authority therein
or thereof on any amounts paid by TSG to you under these Terms, including the applicable
Commission and you shall indemnify TSG and shall keep TSG fully and effectually indemnified from
and against any liability or expense in connection with such taxes or other payments (save to
the extent such recovery is prohibited by law).
- All amounts paid or payable to you under these Terms is exclusive of Value Added Tax. Unless TSG notifies you otherwise, you shall be responsible for submitting to the relevant tax authority any tax (including Value Added Tax) payable in respect of any fees you have received pursuant to these Terms.
- For the avoidance of doubt, these Terms shall not, in any way, be construed so as to create a partnership or any kind of joint undertaking or venture between the parties hereto.
- You acknowledge that you will solely be responsible for: (a) determining whether or not you should be registered for Value Added Tax and issuing approprioate Value Added Tax invoices accordingly; and (b) the payment of all income taxes, and TSG reserve the right to deduct any withholding tax on payments made to you as required by law, provided that TSG provides you with official confirmation from the relevant tax authorities.
- Data Protection and Privacy
- To the extent that we share any TSG Interactive Personal Data with you, the terms of this clause
shall apply to your processing of such data.
- We shall at all times retain sole and absolute legal and beneficial ownership of all
and to all the TSG Personal Data including any so-called 'sui generis' database rights
are hereby agreed to be our Trade Secrets and, to the extent that any such rights may
you, you hereby irrevocably and absolutely grant and assign all such rights to us;
- subject to procurement of any necessary consents, we grant to you a non-exclusive,
licence to use the TSG Personal Data solely for the purposes of providing, and only to
extent required to provide, the requisite services under this Agreement services;
- we shall be the data controller of the TSG Personal Data and you shall be the data
the TSG Personal Data;
- you will only process the TSG Personal Data in accordance with our written instructions
controller and you will not under any circumstances process any TSG Personal Data other
instructed by TSG ; and
- the terms process, data controller, data processor and data subject as used in this
shall have the meanings ascribed to them by Section 1 of the Data Protection Act 2002.
- You hereby undertake that you will:
- take appropriate technical and organisational measures (and shall ensure that such
measures are taken by any person to whom it is authorised to disclose TSG Personal Data)
against unauthorised or unlawful processing of the TSG Personal Data and against loss or
destruction of, or damage to, the TSG Personal Data. Having regard to the state of
technological development and the cost of implementing any such measures, such measures
must ensure a level of security appropriate to: (i) the harm that might result from the
unauthorised or unlawful processing or accidental loss, destruction of or damage to the
TSG Personal Data; and (ii) the nature of the TSG Personal Data to be protected;
- take reasonable steps to ensure the reliability of any personnel (including employees)
who have access to the TSG Personal Data;
- provide TSG with such guarantees in relation to the technical and organisational
measures governing its processing of the TSG Personal Data as TSG considers to be
'sufficient' within the Data Protection Act 2002 and will take reasonable steps,
including at the reasonable direction of TSG , to ensure compliance with those measures;
- comply with all Data Protection Legislation in relation to your processing of the TSG
Personal Data and hereby confirm that you will not do, or permit anything to be done,
which could cause us to incur liability under Data Protection Legislation;
- not use any third party to process TSG Personal Data without our prior written consent
(which may be withheld at our sole discretion). If we provide such consent: (i) you
shall procure that any such third party complies with the terms of this Agreement; and
(ii) you shall remain primarily liable for the acts and omissions of such third party;
- immediately notify us if you become aware of a data security breach involving TSG
Personal Data (which shall include any breach of this Clause 9);
- promptly notify us if you receive any: (i) data subject request; (ii) complaint or
request regarding our obligations under Data Protection Legislation; and/or (iii) any
other communication directly or indirectly relating to TSG Personal Data, and will
provide full cooperation and assistance to us in relation to the foregoing, including by
complying with any data subject request in accordance with Data Protection Legislation
and providing full details of any such complaint, request or communication and all other
relevant information to us;
- cooperate with and provide reasonable assistance to (at your own cost) data protection
regulators and us in relation to the regulatory requirements of any relevant data
protection authority, including promptly providing information that we reasonably
request from time to time;
- not modify, amend or alter TSG Personal Data or permit modification, amendment or
alteration to TSG Personal Data, or disclose, or permit disclosure, to any third party
without our prior written consent;
- not transfer any TSG Personal Data outside of the European Economic Area (EEA) without
our prior written consent and, where such consent is given, you shall ensure that you
employ adequate levels of protection in connection with such transfer; and
- permit us together with our external advisers to inspect and audit (subject to
reasonable confidentiality undertakings) your data processing activities and comply
promptly with our reasonable requests to enable us to verify your compliance with this
- Term and Termination
- These Terms shall commence and come into effect from the date of your submission of your
Application Form and, subject always to our acceptance of your Application Form and confirmation
of your membership of the Stars Affiliate Club Program shall continue in full force until they
are terminated in accordance with the provisions for termination set out in these Terms.
- You may terminate these Terms at any time, with or without cause subject to providing us with
prior written notice. We may terminate these Terms at any time subject to providing you with no
fewer than seven (7) days' prior written notice (except where you are entering into these Terms
to join the Stars Affiliate Club in Italy, where we may only terminate these Terms in accordance
with the remainder of this Clause 10).
- In the event of the occurrence of any of the following:
- any breach by you of these Terms; or
- where applicable, your player account opened with us is closed by us or our Group
entities for any reason whatsoever; or
- you use any materials, including graphics, icons, logos, branding or artwork, which are
not obtained from our approved web resources or direct from your affiliate manager.
We may: (i) terminate these Terms immediately; and/or (ii) at our option indefinitely
withhold from you any Commission accrued to your benefit.
- In the event that you make any assignment for the benefit of your creditors or make any
composition with creditors; or have appointed, or shall be the subject of any notice of a
receiver or holding company; or shall be the subject of a voluntary or compulsory liquidation
(other than for the purpose of a solvent reconstruction or amalgamation); or are made the
subject of any administration order or insolvency procedure or such analogous event; or cease to
carry on business or (being a natural person) are deemed either unable to pay your debts or as
having no reasonable prospect of so doing we may terminate these Terms immediately.
- Without limiting any other of our rights and remedies, we may terminate these Terms immediately
if we determine in our sole discretion that you have become a competitor of ours and/or any
other entity within our Group.
- We shall further have the right to terminate these Terms with immediate effect on the provision
of written notice to you:
- if you carry out any action which we believe might prejudice our or any Group entity's
relationship with any Gambling Authority or any of the Group's gambling licences; or
- you are in breach of any applicable laws in relation to any marketing activity you
engage in, whether or not you use our Licensed Materials or where we believe any such
marketing activity you have participated in would be detrimental to our reputation or
that of any Group entity; or
- if we or any other entity within the Group is ordered or required by any Gambling
Authority to terminate its relationship with you or cease to operate any of Our Site(s)
or any services or games available on any of Our Site(s), or any part thereof, with
- Termination of these Terms shall not extinguish either of the parties' obligations under these
Terms which by their intention or context are intended to survive the termination of these
- Notwithstanding Clause 10.7 above and for the avoidance of doubt, you agree that we shall not be
liable to pay any Commission for Qualified Players where such Qualified Players are generated by
the Link(s) and/or Marketing Codes following the termination of these Terms.
- Following the termination of these Terms and the payment to you of monies due to you as at the
time of termination (save where Commission is withheld at our option in accordance with Clause
10.3.3 above), we shall have no obligation to make any further Commission payments to you. For
the avoidance of doubt, this means that if the agreement between us represented by these Terms
is terminated, you will receive no Commission for Qualified Players in respect of the period
after termination: you will only receive Commission due to you up to the date of termination and
- Upon termination:
- you must immediately remove from Your Site(s) and cease to use all Link(s), Marketing
Codes Trade Marks and any other materials of any form provided by or on behalf of us to
you pursuant to these Terms which contain any of our Trade Marks or other intellectual
property and you will either permanently and securely delete all such materials and
documents, or return them all to us; and
- you must promptly return to us any confidential information in your control or
possession in whatever form; and
- all licenses and rights granted hereunder to you shall immediately terminate; provided
that the above shall not prevent you linking to the homepage of Our Site(s) to the
extent that you do so for your own personal, non-commercial use in connection with Home
- Disclaimer and Limitation of Liability
- You acknowledged that neither Our Site(s) nor the associated software will be error-free or
uninterrupted and that neither we nor any of our Group entities will be liable for the
consequences of any errors or interruptions. Further, neither we nor any of our Group Entities
make any representation or warranty, express or implied to you as to any matter contemplated by
these Terms including the quality, merchantability, fitness for particular use or suitability of
Our Site(s) or the associated software.
- Under no circumstances shall either party be liable to the other for indirect, incidental,
consequential, special or exemplary damages (including any loss of revenue, profits or data)
arising from any provision of these Terms or matters related to these Terms. Our aggregate
maximum liability arising with respect to these Terms for any reason will not exceed the total
Commissions paid or payable to you pursuant to these Terms. The term "indirect, incidental,
consequential, special or exemplary damages" as used in this Clause 11.2 does not include any
additional or increased direct costs incurred by TSG and/or any of our Group entities caused by
your breaches of these Terms.
- You represent and warrant that you have independently evaluated the desirability of acting as an
affiliate of TSG and, other than as set forth herein, are not relying on any representation,
guarantee or statement made by us.
You will defend, indemnify and hold TSG and our Group entities and our shareholders, directors,
officers, employees, agents, representatives, successors and assigns harmless from and against any
and all liabilities, losses, damages and costs, including attorney's fees and costs, resulting from,
arising out of, or in any way connected with (a) any actual or alleged breach by you of any
warranty, representation or undertaking by you contained in these Terms; (b) the performance of your
duties and obligations under these Terms; (c) your negligence in performing your duties and
obligations under these Terms; and/or (d) any injury directly or indirectly caused by your
negligence or intentional acts or omissions or the unauthorized use of the Link(s) (e) any Tax
required to be paid by you arising from or as a result of any fees payable to you from TSG pursuant
to this Agreement. You shall also indemnify and hold TSG and our Group entities and our officers,
shareholders, employees, directors, agents, successors and assigns harmless at all times from any
and all third party claims, actions, suits, demands, damages, losses, liability and all costs and
expenses (including, but not limited to, attorneys' fees) relating to the development, operation,
maintenance and content of Your Site(s).
All Trade Secrets and all information concerning TSG and our Group entities' operations, structure,
personnel, principals, or any other data that can reasonably be considered internal-only information
shall be kept in strict confidence by you. This includes (but is not limited to) any correspondence
between us and you and any information regarding the number of players on Our Site(s), Rake amounts
and any other financial, statistical or other information that is provided by us to you, whether or
not such information includes a mark affirming its confidentiality. All this information shall
remain confidential after the expiry of these Terms until such times as the information ceases to be
confidential, other than by breach of these Terms or any additional confidentiality agreement that
we have required you to sign. We may require you to sign a confidentiality agreement if, at our sole
discretion, we determine that the information to be conveyed to you warrants such additional
covenants of confidentiality.
- Independent investigation
You confirm that you have read these Terms, have consulted with your own legal advisors, and
understand and agree to all the terms and conditions set out in these Terms. You confirm that you
have independently evaluated the desirability of participating in the Stars Affiliate
and you are not relying on any representations, guarantee or statement other than as set forth in
- Changes to these Terms
We reserve the right to change any provision of these Terms at any time at our sole discretion and
acting unilaterally without reference to you or your consent and without incurring any liability to
you. Except in the case of emergencies, such as cheating, fraud, piracy, mistakes in these Terms or
other events of an urgent nature, or beyond our control, we will use our reasonable endeavours to
provide you with an email notifying you of the changes at least fourteen (14) days prior to the date
on which we intend them to take effect, but where we do not do so any such changes will take effect
upon the posting of the amended Terms. You should monitor these Terms frequently to ensure that you
are aware of and agree to the latest version. YOU WILL BE BOUND BY ALL SUCH CHANGES AND IF YOU DO
NOT AGREE TO BE BOUND YOU SHOULD TERMINATE YOUR MEMBERSHIP OF THE STARS AFFILIATE CLUB PROGRAM IN
ACCORDANCE WITH YOUR RIGHT TO DO SO SET OUT IN CLAUSE 10 OF THESE TERMS. THIS TERMINATION RIGHT IS
YOUR ONLY REMEDY IN RELATION TO ANY CHANGES MADE BY US TO THESE TERMS.
- All notices, requests, demands and all other communications (unless specified otherwise in these
Terms) under these Terms shall be in writing and shall be deemed received 72 hours after being
posted by registered mail, or if delivered in person or sent by email, at the time of delivery
to the parties. Notices from you to us in connection with these Terms or the Stars Affiliate
Club Program generally shall be sent via email email@example.com.
- These Terms shall, upon execution, constitute the entire agreement between the parties with
respect to the subject matter hereof and they cancel and supersede all previous understandings
and agreements, both oral and written, between the parties in respect of the subject matter of
- It is hereby agreed that you are an independent contractor and neither these Terms nor any term
or condition contained in them, shall be construed as creating a partnership, joint venture or
agency relationship or as granting a franchise between the parties.
- If any provision of these Terms shall be held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
- No waiver of any breach of any provisions of these Terms shall constitute a waiver of any prior,
concurrent or subsequent breach of the same or any other provision of these Terms and no waiver
shall be effective unless made in writing and signed by an authorized representative of the
- These Terms and any matters relating hereto to them be governed by, and construed in accordance
with, the laws of the Isle of Man. You irrevocably agree that, subject as provided below, the
courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or
difference concerning these Terms and any matter arising in relation to them and irrevocably
waive any right that you may have to object to an action being brought in those courts, or to
claim that the action has been brought in an inconvenient forum, or that those courts do not
have jurisdiction. Nothing in this Clause shall limit our right to take proceedings against you
in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or
more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether
concurrently or not, to the extent permitted by the law of such other jurisdiction.
- For the avoidance of doubt you agreed that under no circumstances will you have the authority to
bind, obligate or commit in any way whatsoever or to assume debts or obligations on our behalf,
nor will you represent us as having such authority at any time.
- The English language version of these Terms shall be the prevailing version in the event of any
discrepancy between any translated versions of these Terms.
Policy?), the ?data
controller? (i.e. the person responsible for the capture, storage and use of your personal
is TSG Services Limited (?TSG?), who can be contacted at Douglas Bay Complex, King
Edward Road, Onchan,
Isle of Man, IM3 1DZ or via email at firstname.lastname@example.org. In this Privacy
Policy, when we say
?TSG?, ?we? or ?us?, we are referring to this
company. References to ?Group? means TSG together with its
subsidiaries and any holding company of TSG and any subsidiary of such holding company and any company
associated with the group of companies known as The Stars Group.
Our Commitment to Our Players? Privacy. We are the owner and operator of the website located
www.starsaffiliateclub.com (the ?Site?).
We are committed to maintaining the confidentiality of the personal
information collected by us, utilising ?best in class? information security technology and procedures, all
in accordance with European Union standards of data protection and the requirements of the applicable
regulatory authority for data protection.
understand how we
collect, store, use and safeguard your personal information and to explain your rights in relation to that
information and its use.
Our Legal Obligations. We will comply with the terms of the Isle of Man?s Data Protection
Act 2002 (as may be
amended or updated from time to time) (the ?Act?) when processing your personal
information. Your personal
information may be also processed or transferred by us to other members of or our group of companies, our
affiliates, our agents and third parties providing services to us, in jurisdictions outside of the Isle of
Man and the European Economic Area. In this event, we will comply with the terms of the Act which ensure
that personal data is only transferred to such jurisdictions which comply with the various ?adequacy?
requirements for data protection set out in the Act.
What do the Capitalised Terms Mean? Unless we give them a specific meaning in this Privacy
capitalised terms shall have the meaning given to them in our Stars Affiliate Club
Program Terms of Service
- Agreement: By using the Service, you (?User? or
be amended by us from time to time, save that we will ask you separately, when you provide us with your
details whether you consent to receiving promotional communications from: (a) us; and also (b) from
third party providers of goods and services with whom we may share your details.
Amendments: We reserve
from time to time to make sure that you are aware of the current version and any changes that we may
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What information is collected and for what purpose
- Registration Details: As part of the Stars Affiliate Club Program registration process,
we will ask you to provide us with certain personal information, including but not limited to your name,
postal address, telephone number and email address. The name you register with us must be your own name.
In addition, it is important that you complete the account details with valid information in order for
us to verify your identity, carry out adequate background checks and set up any payments that may be due
relevant changes to your personal information as provided to us and we do not accept liability for any
harm that you may suffer as a result of you failing to notify us of any changes to the personal
information that you have provided to us. Ongoing Data Capture. Please note that we
also use ?cookies?
and our ?cookie? policy is explained below. Data Retention: We retain your personal
information for as
retention that may be required for regulatory purposes. We do not collect any more personal information
from our users than is necessary for our purposes and our data management policies include the deletion
of any personal information we no longer require. Should you close (or if we shut down) your Stars
Affiliate Club Program account with us, we will retain your personal data for a period of 6 (six) years
following such closure in order for us to meet our regulatory and legal obligations and defend ourselves
against any claims. Personal information which is not needed for these purposes will be deleted after
this period. Purposes: We, members of our Group of companies, our affiliates and third
services to us or to you on our behalf, will use your personal information for the purpose of conducting
our business and in relation to the services you provide to us. Specifically, this includes the
following purposes, but we also reserve the right to use your personal information for other purposes
that are reasonably ancillary to our primary business:
- identification, verification and vetting purposes;
- statistical analysis and research;
- research and development;
- marketing, market research and customer profiling;
- data analysis;
- to comply with licensing and regulatory requirements;
- to carry out batch testing of documents prior to the deployment of tools sourced from or
provided by third parties;
- to combat against security risks and fraudulent activity; and
- to confirm your geographic location.
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Conditions for Processing Personal Information
- Conditions: We will process your personal information for a variety of reasons,
each of which is prescribed by relevant data protection laws.
Our processing of your personal information will primarily be necessary for the purpose of carrying out
administrative functions using your information as well as to assist with the affiliate services you
provide to us. We may ask for your consent to processing personal information in a discreet manner; in
this instance, your personal information will be processed in accordance with such consent and you will
be able to withdraw this consent in writing at any time. By way of example, your consent will be needed
in order to send you marketing and promotional communications.
Fulfilment of a contract, compliance with a legal obligation
It may also be necessary for us to process your personal information where it is necessary for the
performance of a contract (such as you entering into the Stars Affiliate Club Program or in order for us
to comply with our various legal and/or regulatory responsibilities, including, but not limited to,
complying with the conditions of our gambling licences and complying with any anti-money laundering
Finally, we may also process your personal information where we deem such processing to be in our
legitimate interests and provided always that such processing will not prejudice your interests, rights
and freedoms. Examples of us processing in accordance with legitimate interests would include: (i) where
we disclose your personal information to companies in our Group following a restructure or for internal
administrative purposes; (ii) where we identify certain companies that can offer you additional benefits
to our services or provide us with valuable information about your use of our Service; (iii) processing
for the purposes of ensuring network and information security, including preventing unauthorised access
to our electronic communications network; and (iv) adhering to regulatory and statutory requirements.
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Information Sharing, Disclosures and Recipients
- Specific Disclosures. We may disclose your personal information as follows:
- to any recipient if required to do so by law or by regulatory authority;
- to any regulatory body or licensing body or authority;
- to third parties for the purposes of making payments to you in connection with the services you
- to third parties who provide services to us or on our behalf in relation to our agreement with
- to third parties for marketing purposes, provided you have consented or not objected, as the
case may be, as described in clause 9 below;
- to any third party that purchases us or our business or any part of us or our business;
- to credit reference agencies;
- if we believe in good faith that such action is necessary:
- to comply with any law or comply with any legal process served on us;
- to protect and defend our rights or property;
- with your consent;
- for the purposes of disaster recovery; or
- as set out in Section 5 below.
- General Disclosures: In addition to the specific examples of disclosures listed above,
we may disclose
your personal information to our employees, employees of other companies in our Group, our agents and to
third party service providers who use your personal information to provide services to us.
- Combined Personal Data: We may combine your personal information with other information
your use of other services operated by TSG any other company in our corporate group as well as all
products which are related or ancillary thereto, including mobile and social networking services. We
will treat this combined information in accordance with, and will use it for the purposes set out in,
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- What Do We Do? We have undertaken substantial efforts to protect the confidentiality of
the identity, preferences and other information we have collected about individual members of the Stars
Affiliate Club Program and we will not knowingly allow access to this information to anyone outside of
our Group, other than to the relevant Stars Affiliate Club Program member or as described in this
encryption technologies to protect the information that we collect and process.
- What Can You Do? You should also play your part in protecting your personal
information. Your login information is confidential and you are obliged to keep your password secret and
confidential at all times and to use your best efforts to protect its secrecy and confidentiality.
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Limits of Confidentiality
- Legally Required Disclosures. Due to the legal, regulatory and security environment in
which we operate,
we may be required, under certain circumstances, to disclose personally identifiable information about
members of the Stars Affiliate Club Program and we may not be permitted to inform you that we have done
so. We will use reasonable endeavours to limit such disclosure to the following: (a) where we believe in
good faith that we are required to do so in response to a subpoena, warrant or other legal process or
obligation upon us; or (b) where reasonably necessary to identify, contact or bring legal action against
persons or entities to preserve and/or enforce our rights. Further, we can, and you authorise us to,
disclose your, name, date of birth, street address, city, county, post code, country, phone number,
email, account activity, transactions and communications, to our third party agents or official
government bodies as we, in our sole discretion, believe necessary or appropriate in connection with an
investigation of money-laundering, fraud, intellectual property infringement, piracy or other unlawful
activity or activity that may expose us to legal liability.
- Group Marketing. We may use your email address and phone number for the purpose of
providing you with
news, promotions and other marketing offers from us. If you no longer wish to receive these promotional
communications, newsletters and marketing offers, you may opt-out of receiving them either when you
register with us initially, or subsequently by following the ?opt-out? instructions included in each
communication. You are also, in addition, entitled at any time to notify us that you do not wish to
receive any promotional communications from us and you may do this by emailing us at here.
- Third Party Offers of Goods and Services. Where you have provided us with your consent
to do so, we may
also share your email address and phone number with third parties so that they may send you offers of
their goods and services. You may request at any time not to receive such offers by sending a blank
message with the word ?Remove? in the subject area to Support. If you request not to receive these
offers, we will remove your details from our marketing distribution lists and from any future lists we
may share with our marketing partners. However, you will need to unsubscribe separately from marketing
communications sent by partners who have received your contact details from us prior to your request to
be removed from these lists.
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Your Rights in Relation to Your Information
- Right to request information about you. We aim to keep our information about you as
possible. You can contact us at any time to review, change, obtain a copy of your information or have
your details altered or corrected in accordance with your rights under the Act. In this event, we may
require evidence of and be satisfied as to your identity before we take any requested action. To contact
us, so as to exercise any of your rights as set out in this Clause 12, please e-mail Stars Affiliate
Club. We may, in certain circumstances, levy a small charge to cover the cost of administration
regarding any request made by you in this regard or deal with your query in accordance with the Act.
- Additional Rights. You have the following rights in relation to your personal data:
If you are unsure about your rights or are concerned about how your personal information may be
processed, you should contact the Isle of Man Information Commissioner (details set out in clause 14
below). If you contact us in relation to your rights, we will do our best to accommodate your request or
objection. Please note, however, that not all rights are absolute.
- a right to object to processing that is likely to cause or is causing damage or distress;
- a right to object to decisions being taken by automated means;
- a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or
- a right to claim compensation for damages caused by a breach of the Act.
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- Cookies are text-only strings of information that are downloaded to your personal desktop, laptop
computer or mobile device (each a ?Device?) when you visit a website. They are then sent back to the
originating website on each subsequent visit, or to another website that recognises those cookies.
Please see: www.allaboutcookies.org for information about
what cookies are and what they do.
Cookies are very useful and are used for many different purposes. These include allowing you to
between pages efficiently, remembering your preferences, and generally improving user experience.
cookies are used to help ensure that adverts you see online are relevant to you and your interests.
cookies in order to track referrals to our Site, to remember your preferences, and to generate
the effectiveness of our advertising campaigns, to limit the number of times you see an
remember that you have visited a website, and to provide advertisements that are more relevant to
also describes how you can turn off cookies or control which cookies are set on your Device (see in
particular, the section headed ?How to manage your cookie settings?).
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- We are happy to provide you with further information on how we protect and use your personal
information. Please contact Stars Affiliate Club.
You can also obtain much useful information on data
protection and privacy from the office of the Isle of Man Information Commissioner www.inforights.im.
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Guidelines for Affiliates on Italian gambling advertising
The following guidelines (the "Italian Guidelines") are issued by TSG Platforms (Ireland) Limited
("TSG") pursuant to clause 3.4.7 of the Stars Affiliate Club Program Terms and Conditions (the
?Terms?) that govern your participation in the Stars Affiliate Club Program.
You are obliged to comply with these Italian Guidelines under clause 3.4.7 of the Terms and any
failure to do so will constitute a breach of the Terms. These Italian Guidelines relate to Article 9
of the Law Decree 12 July 2018, No. 87 and the AGCOM guidelines issued by the Italian Communications
Authority, which are collectively referred to in these Italian Guidelines as the "Italian Gambling
You should read these Italian Guidelines carefully to ensure that you understand your obligations as
well as your potential liabilities should you fail to comply with them.
- Effective Date and Scope of Application
These Italian Guidelines have effect from the date of their publication on the website
www.starsaffiliateclub.com (the "Effective Date"), however are only applicable to the activities
that you undertake as an affiliate in respect of end users located in Italy and/or: (a) in relation
to the websites www.pokertstars.it, www.pokerstarscasino.it, www.betstars.it, www.skybet.it; and (b)
any other websites operated by REEL Italy Limited (or any of TSG?s other group companies) and
directed to end users located in Italy from time to time (together, the "Italian Sites").
In the event of any conflict between the Terms and these Italian Guidelines, the latter shall prevail
in respect of their application to the activities that you undertake in respect of the Italian
- Communications only on an Informative Basis
You are only permitted to make communications to the public that refer to the Italian Sites or are
otherwise targeted at end users located in Italy where such communications inform end users about
the products and services offered by TSG generally. We refer to such communications in these Italian
Guidelines as being on an ?informative basis?.
You are not permitted to make any communications to the public that refer to the Italian Sites or are
otherwise targeted at end users located in Italy that are not on an informative basis. In
particular, you must not make any communications that include:
- any specific call to action (for example, an invitation to participate in a specific promotion
or register to a given platform); or
- any message that conveys any sense of urgency or uses any imperative language. By way of
example, the following types of claims are prohibited "Deposita subito e non perdere
l'occasione/ Immediate deposit and do not miss the opportunity", "Gioca ora / Play Now", "Gioca
/ Play" and shall be replaced with "Per saperne di pi?/ If you want more information", "Info
offerta/ Information on the offer", "Informazioni sulle quote / Information on the odds",
"Continua/Continue" and "Pi? informazioni / More information".
- Forms of Advertising
You are permitted to display the URL and domain names of the Italian Sites (e.g. www.pokerstars.it
and www.skybet.it) and their logos, in addition to any responsible gambling logos that TSG may
provide to you upon request, in communications made on an informative basis.
Where you make such communications on news websites and websites which offer only free-to-play games,
you must ensure that such communications do not constitute indirect advertising of the Italian
Sites. ?Indirect advertising? for these purposes is any form of communication performed in return
for either payment or another type of compensation or for self-promotion purposes, to promote the
Italian Sites, irrespective of the specific induction of the recipient to purchase the product or
service offered (i..e the so-called call to action).
You are not allowed to conduct any key word paid-for advertising on Google or any other search
- Comparisons of offers
When comparing the odds and commercial offers (e.g. bonuses, jackpots and features of games/websites)
of different third party operators, you must provide such comparison to end users on an informative
For example the following types of claim are prohibited "Se depositi X ? su www.pokerstars.it, hai
diritto ad un bonus pari a X ?. Informazioni sull'offerta su www.pokerstars.it"/ "If you deposit X ?
at www.pokerstars.it, you are entitled to a bonus of X ?. Information about the offer at
- Referring to a Single Operator
If you display an advertising banner that refers to a single operator (whether TSG or any third party
operator) and such banner relates to the operator?s odds and/or its commercial offers without
mentioning any of its competitors' odds and commercial offers, where this includes any claim of
superiority (compared to the rest of the market), this must be supported by some form of evidence.
For example these types of claim are allowed "Su www.skybet.it sono presenti le migliori quote della
serie A il giorno della partita. Per saperne di pi? clicca qui"/ "On www.skybet.it are available the
best odds of the serie A on the day of the match. For more information click here". In this example,
the landing page clicked through to would include evidence supporting the claim.
- Newsletter Subscriptions
You may send communications via email or SMS to end users that subscribe for your newsletters. You
may only send such communications to end users that expressly request that you do so, and such
communications must be on an informative basis.
In obtaining such consent, you must not ask end users whether they would like to receive marketing
communications, but instead may ask them if they would like to subscribe to a service relating to
the provision of information on odds/promotions. You must enable all end users to select the type of
events/promotions/products in respect of which they want to receive information (as by way of
example "richiedo di essere abilitato al servizio di aggiornamento sulle quote ed offerte
commerciali degli operatori di gioco a noi affiliati" / "I expressly request to be subscribe to the
service of updating odds and commercial offers of gambling operators affiliated to us".
You are not permitted to send communications via email or SMS in any other circumstances without
TSG?s written approval, as set out in the Terms.
- Our Rights and Remedies
If you breach any of the terms of these Italian Guidelines TSG shall have the right, without
prejudice to any remedies set out in the Terms, to:
- suspend your participation in the Stars Affiliate Club Program for such period as is required to
investigate any activities that may be in breach of the Italian Gambling Advertising
- withhold any revenue share or amount due to you pursuant to the Terms;
- claim the amount of any fines and any further damage, including reputational damages,
potentially suffered by TSG, the companies within its corporate group and/or any of the
individuals or companies instructed or employed by them, as direct or indirect consequence of
the breach of the obligations set out in these Italian Guidelines; and
- immediately terminate the Terms and your participation in the Stars Affiliate Club Program.