Affiliate Program Conditions
“Agreement” means all the Terms and Conditions set out in this document, the Terms, and Conditions of the Commission Structures applicable to the different products, the
General Terms and Conditions or any other rules and guidelines set by Artnsmart Ltd., as operator or its employees.
By completing the affiliate application to artNsmart affiliate program, and clicking “I agree” on Terms and Conditions, the Affiliate agrees to abide all the Terms and
Conditions which are specified in this agreement. This includes different commission structures set by Artnsmart.
All commission structures which are specified in term 19 of this agreement shall be deemed to form an integral part thereof. Artnsmart reserves the right to modify,
delete and add any of the provisions of this agreement at any time at its sole discretion without giving any notice to the Affiliate in advance.
Artnsmart can approve or reject any affiliate application without any further notice to the Affiliate.
Approved affiliate accounts are automatically included into the Artnsmart affiliate program, and can use Artnsmart’s affiliate website and marketing tools.
By accepting commission payments from Artnsmart. the Affiliate confirms their irrevocable acceptance of this agreement and possible modifications.
website. This agreement will enter into effect on the date when the online affiliate registration form is approved by Artnsmart.
1.1 The Company is in the business of marketing, logistical and general support services in connection with remote gaming. The Company has entered into an agreement with
Artnsmart, an online betting company incorporated in Malta and licensed by the Israeli Authority, to inter alia assume responsibility for the advertising, marketing and promotional aspects of the online betting business carried out under the artNsmart brand and as part of this function the Company is operating the artNsmart Affiliate program through the website artNsmart.
1.2 The Affiliate maintains and operates websites on the Internet or other marketing channels (hereinafter collectively referred to as “the Website”), and/or refers potential customers through other online or offline channels.
1.3 This Agreement will govern the Terms and Conditions of the promotions by the Affiliate of the website artNsmart, the Affiliate will be paid a commission as defined under this Agreement depending on the traffic generated to artNsmart and is subject to the Terms and Conditions of this Agreement.
1.4 The Net Revenue terms are specified in the relevant Commission Structures detailed in term 5 below. In the case of a future introduction of another product or brand, artNsmart reserves the right to modify definitions of the terms of the Net Revenue for each product or brand.
2. Qualifying Conditions:
2.1 The Affiliate hereby guarantees that:
2.1.1 Is of the legal age in the applicable country or jurisdiction to agree to enter into an affiliate agreement.
2.1.2 Is the owner or legal representative of the provided website, owns all possible licenses and permits to promote artNsmart in the applicable country or jurisdiction.
2.1.3 Affiliate will comply with all the laws and regulations in connection to promote artNsmart.
2.1.4 By signing up to artNsmart affiliate program and accepting the Terms and Conditions, the Affiliate warrants that he/she fully understands and accepts the Terms and
Conditions of artNsmart affiliate program.
2.1.5 The affiliate applicant shall not have a criminal record in his/her country of residence or origin.
2.1.6 All violations towards any of these terms will lead to a permanent closure of the account and immediate termination of the affiliate contract with artNsmart affiliate program. ArtNsmart will retain any earnings from the affiliate’s account.
3. Affiliate responsibilities and obligations:
3.1 By signing up to artNsmart affiliate program the Affiliate warrants and undertakes:
3.1.1 To actively and effectively advertise, market and promote artNsmart within the guidelines set by artnsmart or its employees.
3.1.2 To market artNsmart to potential customers at its own cost. The Affiliate is solely responsible for the distribution, content, and manners of its marketing. All marketing activities must be proper and lawful in the region or area where these marketing activities take place.
3.1.3 All marketing activities must follow these Terms and Conditions.
3.1.4 Must use tracking links provided by artNsmart, to ensure correct tracking of customers. Not change or modify any marketing material without a written agreement of Artnsmart or its employee.
3.1.5 Maintain and develop its website in the best possible way. To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
3.2 The Affiliate warrants:
3.2.1 That it will not perform any abuse, discriminatory, obscene, unlawful or otherwise unsuitable act(s), which contains sexually explicit, pornographic, obscene or graphically violent materials.
3.2.2 Affiliate will not target any person or group of persons who is under the legal age of 18 in that jurisdiction.
3.2.3 The Affiliate will not direct customers to artNsmart by fraudulent activity like sending spam emails, using incorrect information on links or register as an affiliate and make a deposit through that user account, or any other way which will artificially increase the commission or the amount of generated customers.
3.2.4 Any websites operated by an affiliate or any other marketing channel cannot contain material which may give an impression or cause a risk of confusing that it is
operated by artNsmart
3.2.5 Must use only marketing materials which are available on artNsmart affiliate program or has been provided by an Artnsmart employee. The Affiliate may not use
artNsmart trademarks or other intellectual property rights without Artnsmart or its employee’s written agreement.
4. Responsibilities and Obligations from Artnsmart
4. 4.1 Artnsmart will provide the Affiliate all information necessary and marketing material for the implementation of the unique tracking link.
4.2 Artnsmart administrates the turnover generated through affiliates tracking links, records the commission amounts earned through these links and provides customer service for the customers who enter the site artNsmart through these links.
4.3 Artnsmart shall pay the affiliate on a monthly basis depending on the traffic generated subject to these Terms and Conditions.
5.1 Artnsmart agrees to pay the Affiliate a commission which is calculated on the net revenue which is generated from the affiliate operated a website or through other marketing channels. A new depositing customer is a customer who doesn’t have an account at artNsmart, registers an account through an affiliate tracking link and makes a
real money deposit to artNsmart account. The commission will not include VAT (value added tax) or any other tax if applicable.
5.2 The commission is a percentage of the net revenue in accordance with what is set out in the commission structures. The net revenue calculation is product specific.
5.3 The commission is calculated at the end of each month and payments will be paid out by the twentieth (20) day of each calendar month, provided that the amount due exceeds 150 INS for PayPal deposit. If the commission is less than the minimum requirement for the payout, it will be carried towards the following month until the minimum payment amount is exceeded.
5.4 Payment of commissions shall be made as per the payment method is chosen by the Affiliate in the Affiliate’s account. If an error is made in calculating the commission,
the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
5.5 Acceptance of payment by the Affiliate shall be deemed to be a full and final settlement of the balance due for the period indicated.
5.6 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company on affiliate@artNsmart.com and indicate the reasons for such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
5.7 Artnsmart may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of these Terms and Conditions.
5.8 No payment shall be due when the traffic generated is illegal or contravenes any provision of these Terms and Conditions.
5.9 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, as well as all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
5.10 For the sake of clarity the parties specifically agree that upon the termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from artNsmart, provided that payments already due (earned and unpaid commissions) shall be paid out.
5.11 At the sole discretion of artNsmart the Affiliate may be provided with the opportunity to restructure its revenue structure. Examples of alternative revenue sources could include a Cost Per Acquisition (CPA) Module. The Company hereby makes it clearly known unto the Affiliate that only one type of revenue structure may be applied and it shall not be possible for two different revenue structures to co-exist. Therefore, once an Affiliate opts to accept artNsmart’s offer for a different revenue structure to the standard Commission Structure detailed in this Agreement, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his/her existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present Agreement will
still continue to apply to the Affiliate up until the termination of this Agreement and thereafter in accordance with the Terms and Conditions contained in this
5.12 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. ArtNsmart shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies artNsmart in that regard.
6.1 This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email.
6.2 The Contracting Parties hereby agree that on termination of this Agreement:
6.2.1 The Affiliate must remove all references to artNsmart from the Affiliate’s websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or otherwise.
6.2.2 All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the
Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in artNsmart.
6.2.3 The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, provided, artNsmart may withhold the
Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
6.2.4 If this Agreement is terminated by artNsmart on the basis of the Affiliate’s breach, the Company shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by artNsmart due to a breach by the
Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have an immediate effect upon simple notification by the
Company to the Affiliate.
6.2.5 The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody, and control.
6.2.6 The Affiliate will release artNsmart from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of Confidentiality towards artNsmart shall survive the termination of this Agreement.
7.1 The Affiliate expressly acknowledges and agrees that the use of the Internet is at its own risk and that this Referral Program is provided “as is” without any warranties or conditions whatsoever, expressed or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
7.2 ArtNsmart shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the artNsmart website or the Affiliate Program.
8.1 The Affiliate agrees to defend, indemnify and hold artNsmart and its affiliates, successors, officers, employees, agents, directors, shareholders, and attorneys, free
and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
8.1.1 Any breach of Affiliate’s representations, warranties or covenants under this Agreement.
8.1.2 Affiliate’s use (or misuse) of the marketing materials.
8.1.3 All conduct and activities occurring under the Affiliate’s user ID and password.
8.1.4 Any defamatory, libelous or illegal material contained within the Affiliate’s site or the Affiliate’s information and data.
8.1.5 Any claim or contention that the Affiliate site or the Affiliate’s information and data infringe any third party’s patent, copyright, trademark, or other intellectual property rights or violate any third party’s rights of privacy or publicity.
8.1.6 Third party access or use of the Affiliate’s site or Affiliate’s information and data.
8.1.7 Any claim related to the Affiliate’s site.
8.1.8 Any violation of this Agreement.
8.2 ArtNsmart reserves the right to participate, at its own expense in the defense of any matter.
9. Company Rights:
9.1 artNsmart and/or artNsmart website may refuse any customer or close a customer’s account if it is necessary to comply with artNsmart’s and/or artNsmart Policy and/or protect the interest of artNsmart.
9.2 ArtNsmart may refuse any affiliate applicant and/or may close any Affiliate’s account if it is necessary to comply with artNsmart’s Policy and/or protect the interest of artNsmart. If the Affiliate is in breach of this Agreement or of artNsmart’s General Terms and Conditions or other rules, policies, and guidelines of artNsmart.
ArtNsmart may besides closing the Affiliate’s account take any other steps of law to protect its interest.
10. Governing Law & Jurisdictions:
10.1 This Agreement shall be governed and construed in accordance with the laws of Israel and any action or dispute relating to this Agreement must be brought in Israel
and the Affiliate irrevocably consents to the jurisdiction of the Israeli law courts.
11.1 The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of artNsmart. In the event that the affiliate acquires or otherwise obtains control of another affiliate account of artNsmart, then the accounts will coexist on individual terms.
11.2 ArtNsmart may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
12.1 artNsmart’s failure to enforce the Affiliate’s adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of artNsmart to enforce
said terms at any time.
13. Force Majeure:
13.1 Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause
beyond the reasonable control of and is not the fault of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of
terrorism, floods, lightning, utility or communications failures, earthquakes or another casualty. If a force majeure event occurs, the non-performing party is excused from
whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty
(30) days then either party may terminate the Agreement without notice.
14. Relationship of the Parties:
14.1 Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s
employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication
among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor
to impose any obligation upon) the other party.
15.1 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 in effect only to the extent of such invalidity, or
unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to
16.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information
relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal
data of artNsmart shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct or indirectly unless the prior explicit and written consent of artNsmart. This provision shall survive the termination of this Agreement.
16.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
17. Changes to this Agreement:
17.1 ArtNsmart reserves the right to amend, alter, delete or add to any of the provisions of this agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement. Any such changes will be posted on artNsmart affiliate website.
17.2 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.
18.1 Nothing contained in this Agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights [hereinafter referred to simply as ‘marks’] of the other party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party or of any company within the group of companies of the other party. Provided also that neither of the parties will register nor attempt to register any mark which is basically similar to and/or confusingly similar to any mark which belongs to the other party or to any company contained within the other party’s group of companies.
19. Commission structure:
19.1 Commissions are paid out as a percentage of the Net Revenue.
19.2 Net revenue is defined as:
Net Revenue = Porches price – shipment (if exceeds) – 17% vet,
Affiliate Net Revenue Share 35%
19.3 All commission periods start from 0. There is no negative commission carryover between the commission periods. Commission period is always a full calendar month.