Terms and conditions

FruitkingsPartners Affiliate Program Terms & Conditions

The following are our complete terms and conditions to become a member of the FruitkingsPartners Affiliate Program. Please read this Agreement carefully and completely.


These terms and conditions constitute a legally binding agreement between: 'You', the 'Affiliate Partner' and Flipcoin Marketing N.V. ('We' or 'Us' or 'Our').

Fruitkings is operated on the basis of an underlying software system owned by Dazzletag Entertainment Ltd., which is licensed by the LGA in Malta ('The Service Provider').

Dazzletag Entertainment Limited is licensed by the Lotteries and Gaming Authority (LGA) of Malta under licenses LGA/CL1/711/2010 and LGA/CL3/711/2010. Find out more about the LGA at www.lga.org.mt.
Dazzletag Entertainment Limited's registered address is Villa Seminia, 8, Sir Temi Zammit Avenue, Ta' Xbiex, XBX 1011, Malta.

FruitkingsPartners is a product managed by Flipcoin Marketing N.V. with registered address E Commerce Park, Vredenberg Unit D-03, Curaçao, Netherlands Antilles, Chamber of Commerce reg: 126001

1. Our Rights and Obligations

1.1 Register your Customers

We will register Customers send by you and will track their play. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. ('Customer' means Customers that use the link from your website to our website (Fruitkings.co.uk) and open an account with us. By opening an account with us, they will become our Customers and, accordingly, all Fruitkings rules, policies, and operating procedures will apply to them.)

1.2 Track Customers' Play

We will track players play and will provide you with remote online access to reports, stats of customer activity and the referral fees generated.

1.3 Pay a Referral Fee

We will pay you referral fees on the NET WIN (defined below) we earn from Customers directed from your site after they open an account with us and wager for real money.

1.4 Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion by posting a change notice or a new agreement on our site which we will notify you of. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, and Profit Sharing Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

1.5 Suspending Operations

FruitkingsPartners reserves the right to operate its website or Bingo application(s) in the manner it deems appropriate, including the right to alter, suspend or cancel the website or Bingo application at any time, with 3 days notice to the Affiliate.

2. Your Rights and Obligations

2.1 Linking to our website or Bingo application(s)

By agreeing to participate in this Affiliate Program, you agree to create a unique link from your site to our website or our Bingo application(s). You may link to us with one of our banners or with a text link. We will terminate this agreement immediately if there is any form of spamming or if you advertise our website or Bingo application(s) in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.

2.2 Keyword, Clone or Spam Abuse

Affiliate Partners are prohibited from purchasing keywords and/or registering or using urls with Keywords that are identical to any of our product or brand terms (Fruitkings, Bingo cams, bingo cam etc), or any of their variations solely or as part of any phrase, intended to be used as search terms or any other identifiers by Search Engines, Portals, Sponsored Advertising services or any other Search or Referral services.

Affiliates Partners are not permitted to use any of our product or brand terms, or any of their variations as Metatag Keywords on Affiliate Partner websites. Also we do not allow websites that ‘clone’ the Fruitkings website or homepage in order to mislead users. If an Affiliate Partner is found ‘brand bidding’ we retain the right to retract the commissions paid to them at any time. Our decision in this regard will be final and no correspondence will be entered into.

We reserve the right to retain all amounts, either current or future, due to affiliates breaching this clause under this Agreement if we have reasonable cause to believe that such traffic has been caused with the Affiliate Partner's knowledge. Following this, there will be a warning email issued to the Affiliate Partner in question, and if they continue to defy this clause, their affiliate account will be shut down permanently. We do not allow hits from spamming or listing on newsgroups, or any other fraudulent method. In the event that any of the above conditions exist, we will invalidate all current traffic and terminate your account without notice.

2.3 Agency Appointment

By this Agreement, we grant you the non-exclusive right to direct Customers to our website and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.

2.4 Approved Layouts

Without our prior written approval, you will only use our approved banners and offers and will not alter their appearance. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners from FruitkingsPartners that have been uploaded to your server.

2.5 Good Faith

You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.

2.6 Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

2.7 License to use Marks

We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use FruitkingsPartners and its website and Bingo application(s) intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

The Affiliate Partner shall use its best efforts to ensure that the intellectual property marks and any other promotional material provided to the Affiliate Partner by us is up to date at all times, including prompt compliance with any requests by us to remove and/or update any Promotional Material.

2.8 Confidential Information

During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of FruitkingsPartners and/or the Profit Sharing Program (including, for example, referral fees earned by you under the program). You agree to never to disclose or use unauthorized the Confidential Information to third persons or outside parties unless you have our prior written consent.you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.

3. Commission Fee Schedule

3.1 Revenue Share

Affiliates will earn revenue sharing referral fees based on the Net Revenues of the Bingo game. Net Revenues is calculated as follows: NET REVENUES = TOTAL AMOUNT WAGERED minus WITHDRAWALS minus ACTUAL BALANCE PLAYER minus COMP CREDITS minus CHARGEBACKS. We pay a standard Referral Fee on NET REVENUES generated by the affiliate according to performance. For more detail please see http://www.fruitkingspartners.com/program  These fees are paid for an indefinite period of time and as long as this Agreement is in force.No other fees or deductions are made from the affiliate commission. Processing fees and security reserves are absorbed by us. Note: We do not automatically make commission payments less than Ä 50/£50 per payment. If Ä 50/£50 in Affiliate Commissions are not acheived in any given month, the earned amount will be carried over to the next calendar month and continue to accumulate until Ä 50/£50 is generated.

The Affiliate Partner shall bear all costs and expenses incurred in connection with its advertising and promotion of our products.

The Affiliate Partner shall be responsible for payment of all taxes due under any applicable law on commission payments and referral fees made to it by FruitkingsPartners.

3.2 Chargebacks/Fraud

A chargeback is defined as an uncollectible receivable from VISA/MASTERCARD/MEASTRO as a result of customer non payment or fraudulent credit card use. Fraud is defined as an uncollectible credit card charge because of fraudulent activity. FruitkingsPartners absorbs all costs and fees associated with chargebacks and fraud, however the actual deposits made by Customers that become subject to Fraud or Chargebacks will be deducted from the Net Revenues

3.3 Multiple Accounts
Affiliates are allowed to have multiple reseller accounts. The total amount payable will be the mathematical sum of the individual accounts. (E.g. if one account carries a negative balance it will be deducted from total payable.)
3.4. Changes to Commission Fee Structure
We reserve the right at all times to revert bespoke Commission Fee Structures to our standard revenue share program as displayed on http://www.fruitkingspartners.com/program. In case we revert to our standard program we will inform the Affiliate Partner about this and reasons for the changes. In case regulatory changes do not allow us to continue to operate in a certain jurisdiction, we reserve the right to revert to an emergency Commission Fee Structure.

4. Fee Payment
We will pay your referral and bounty fees on a monthly basis in arrears, by the 15th day of the following month. All payments will be due and paid in Euros or Pounds Stirling.

5. Term and Termination

5.1 The term of this Agreement

The Term of this Agreement will begin when you create a unique link to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. If in any given consecutive 3 months you send neither new visitors nor new deposits to FruitkingsPartners, your account might be terminated. An email notification will be sent.

5.2 Upon termination:

You must remove all of our banners/icons from your site and disable the link from your site to ours.

All rights and licenses given to you in this Agreement shall immediately terminate.

You will be entitled only to those unpaid Referral Fees, if any, earned by you on or prior to the date of termination. You will not be entitled to Referral Fees with respect to play occurring after the date of termination.

If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. All security reserves will be held for 12 months. Reserves will be released after 12 months upon review of the account.

If we continue to permit play from Customers that were referred by you after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

5.3 Unsuitable Sites

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are cloned Fruitkings websites that mislead users, or websites aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.

5.4 Accepted Jurisdictions

FruitkingsPartners only accepts players from the following jurisdictions: United Kingdom, Ireland, Canada, Germany, Australia, New Zealand, Sweden, Finland, Isle of Man, Gibraltar, Malta and Argentina.

5.5 Commercial Use

Only this Marketing opportunity is for commercial use only, and you, your family members, friends, associates may not make deposits, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Referral Fees payable to you. If you wish to make test transactions to evaluate the system, including Deposits, please contact info@FruitkingsPartners.com prior to the transaction, so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deducted from your Referral Fees.

6. Relationship of Parties

You and us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph. It is prohibited for webmasters to play on FruitkingsPartners slotmachines with the intention to make money to disadvantage FruitkingsPartners. If we see suspicious proceedings, we preserve the right of removing you immediately from our affiliate program without any confirmation. In case we have had to remove you due to fraudulent behaviour, all Referral Fees payable will become null and void with immediate effect.

7. Indemnity

You shall defend, indemnify, and hold FruitkingsPartners.com, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or d) the unauthorized use of our banners and links.

8. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program, FruitkingsPartners or Referral Fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

9. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total Referral Fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Any liability arising under this Agreement shall be satisfied solely from the Referral Fee generated and is limited to direct damages.

10. Independent Investigation


11. Miscellaneous

11.1 Governing Law

 This Agreement will be governed by the laws of Gibraltar, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Gibraltar and you irrevocably consent to the jurisdiction of its courts.

11.2 Assignability and Enurement

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.

11.3 Non-Waiver

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

11.4 Remedies

Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

11.5 Severability/Waiver

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.

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